[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