[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 288-289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31277]


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FEDERAL MARITIME COMMISSION

[Docket No. 08-07]


Petition of Olympus Growth Fund III, L.P. and Olympus Executive 
Fund, L.P. for Declaratory Order, Rulemaking or Other Relief Notice of 
Filing of Petition

    Notice is hereby given that Olympus Growth Fund III, L.P. and 
Olympus Executive Fund, L.P. (``Petitioners'') have petitioned the 
Federal Maritime Commission (``Commission'') pursuant to 46 CFR 502.51, 
68 and 69, for the Commission to either: (1) Issue a declaratory order 
clarifying that the ``practice of re-routing the domestic inland 
transportation leg of a through intermodal shipment'' by non-vessel-
operating common carriers or other shippers does not violate the 
Shipping Act of 1984 (``Shipping Act''); (2) initiate a rulemaking to 
consider these issues; and/or (3) initiate a docketed proceeding with 
respect to informal compromise procedures said to be underway between 
Global Link Logistics, Inc. (``Global Link'') and the Commission's 
Bureau of Enforcement (``BOE''), and grant Petitioners leave to 
intervene in the Commission's investigation thereof. Petitioners also 
request emergency relief from the Commission in the form of a stay of 
the informal proceedings before the BOE concerning Global Link.
    This Petition arises out of the sale of Global Link by Petitioners, 
and subsequent arbitration involving Petitioners and the purchasers of 
Global Link and their successors. Petitioners claim that the purchasers 
seek to undo the sales transaction in arbitration by asserting that 
Global Link's prior practice of re-routing the domestic inland 
transportation leg of a through shipment violated the Shipping Act's 
proscription against obtaining ocean transportation of property at less 
than the rates or charges than would otherwise be applicable. See 49 
U.S.C. 41102(a) (formerly section 10(a)(1) of the Shipping Act). 
Petitioners further claim that this alleged Shipping Act violation is 
being used by purchasers in an attempt to establish a violation of the 
stock purchase agreement governing Global Link's sale, and thereby undo 
the transaction in arbitration. Petitioners assert that BOE ``appears 
to be prepared to find'' that Global Link's practice of re-routing the 
domestic inland portion of a through transportation movement violates 
the Shipping Act, which finding allegedly would have far-reaching 
adverse effects on parties to ocean shipping transactions.
    Persons named in the Petition include Global Link Logistics Inc. 
and the Bureau of Enforcement. See 46 CFR 502.58(f)(2). Accordingly, 
such persons are requested to submit views or arguments in reply to the 
Petition no later than January 9, 2009. Replies shall consist of an 
original and fifteen (15) copies, be directed to the Secretary, Federal 
Maritime Commission, 800 North Capitol Street, NW., Washington, DC 
20573-0001, and be served on Petitioners' counsel, Lewis R. Clayton, of 
Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the 
Americas, New York, NY 10019-6064; and Warren L. Dean, Jr., of Thompson 
Coburn LLP, 1909 K Street, NW., Suite 600, Washington, DC 20006. A copy 
of the reply shall be submitted in electronic form (Microsoft Word 
2003) by e-mail to [email protected]. The Petition will be posted on 
the Commission's Web site at http://www.fmc.gov/reading/Dockets.asp. 
Replies filed in response to this petition

[[Page 289]]

also will be posted on the Commission's Web site at this location.

Karen V. Gregory,
Secretary.
 [FR Doc. E8-31277 Filed 1-2-09; 8:45 am]
BILLING CODE 6730-01-P