[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54341-54342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25007]


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FEDERAL MARITIME COMMISSION

[Petition No. P2-17]


Petition of COSCO Shipping Lines Co., Ltd., Orient Overseas 
Container Line Limited, and OOCL (Europe) Limited for an Exemption From 
Agreement Filing; Notice of Filing And Request for Comments

    Notice is hereby given that COSCO Shipping Lines Co., Ltd., Orient 
Overseas Container Line Limited, and OOCL (Europe) Limited 
(``Petitioners''), have petitioned the Commission pursuant to Section 
16 of the Shipping Act of 1984, 46 U.S.C. 40103(a), 46 CFR 502.92, and 
46 CFR 535.301, for an exemption from agreement filing requirements 
Petitioners request an exemption ``to replicate as to Cosco and OOCL 
the exemption automatically applicable to wholly-owned subsidiaries 
pursuant to 46 CFR 535.307, including its exemption from the provisions 
of Section 10(c) of the Act, 46 U.S.C. 41105.''
    The Petitioners state that a pending business transaction will make 
them

[[Page 54342]]

``. . . part of a single, common business enterprise . . .'' though 
they will retain the brands as separate legal entities. The Petitioners 
speculate that ``the transaction will be completed . . . potentially as 
early as mid-December 2017.'' Petitioners state that ``the exemption 
would apply to all agreements and activities between Cosco and OOCL 
that would otherwise be subject to filing under the Act, so long as the 
parties are commonly owned and controlled.'' The Petitioners claim that 
``the requested exemption will not result in a substantial reduction in 
competition and will not be detrimental to commerce.''
    In order for the Commission to make a thorough evaluation of the 
exemption requested in the Petition, pursuant to 46 CFR 502.92, 
interested parties are requested to submit views or arguments in reply 
to the Petition no later than December 1, 2017. Replies shall be sent 
to the Secretary by email to [email protected] or by mail to Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001, and replies shall be served on Petitioners' counsels, David 
F. Smith, Cozen O' Connor, 1200 Nineteenth Street NW., Suite 300, 
Washington, DC 20036, [email protected], Robert B. Yoshitomi, Nixon 
Peabody LLP, 300 South Grand Avenue, Suite 4100, Los Angeles, CA 90071-
3151, [email protected], and Eric C. Jeffrey, 799 9th Street 
NW., Suite 500, Washington, DC 20001-5327, [email protected].
    Non-confidential filings may be submitted in hard copy to the 
Secretary at the above address or by email as a PDF attachment to 
[email protected] and include in the subject line: P2-17 (Commenter/
Company). Confidential filings should not be filed by email. A 
confidential filing must be filed with the Secretary in hard copy only, 
and be accompanied by a transmittal letter that identifies the filing 
as ``Confidential-Restricted'' and describes the nature and extent of 
the confidential treatment requested. The Commission will provide 
confidential treatment to the extent allowed by law for confidential 
submissions, or parts of submissions, for which confidentiality has 
been requested. When a confidential filing is submitted, there must 
also be submitted a public version of the filing. Such public filing 
version shall exclude confidential materials, and shall indicate on the 
cover page and on each affected page ``Confidential materials 
excluded.'' Public versions of confidential filings may be submitted by 
email. The Petition will be posted on the Commission's Web site at 
http://www.fmc.gov/P2-17. Replies filed in response to the Petition 
will also be posted on the Commission's Web site at this location.

Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-25007 Filed 11-16-17; 8:45 am]
 BILLING CODE 6731-AA-P