APM Terminals North America, Inc. v. The Port Authority of New York and New Jersey; The Port Authority of New York and New Jersey v. Maher Terminals LLC; Notice of Filing of Third-Party Complaint, 46485-46486 [E7-16268]

Download as PDF 46485 Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Notices collection of information to (1) evaluate whether the proposed collection is necessary for the performance of the functions of the agency, including whether the information will have practical utility; (2) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) enhance the quality, utility, and clarity of the information to be collected; and minimize the burden of collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology. DATES: Written comments should be received on or before October 19, 2007 to be assured of consideration. ADDRESSES: Direct all comments or requests for additional information to Terry M. Faith, Export-Import Bank of the U.S., 811 Vermont Avenue, NW., Washington, DC 20571, (202) 563–3607, Terry.M.Faith@exim.gov. Titles and Form Numbers: Export-Import Bank of the United States Report of Overdue Accounts Under Short-Term Policies, EIB 92–27. Export-Import Bank of the United States Report of Overdue Accounts Under Medium-Term Credit Insurance Policies, EIB 92–28. OMB Number: None. Type of Review: Regular. Need and Use: The information requested enables insured parties and insurance brokers to report overdue payments from the borrower. Affected Public: Insured parties and brokers. EIB 92–27 Estimated Annual Responses ............................................................................................................................................ Estimated Time Per Response .......................................................................................................................................... Estimated Annual Burden .................................................................................................................................................. Frequency of Response: One form per reporting. Dated: August 13, 2007. Solomon Bush, Agency Clearance Officer. [FR Doc. 07–4037 Filed 8–17–07; 8:45 am] Number of Petitions Filed: 7. William F. Caton, Deputy Secretary. [FR Doc. E7–16301 Filed 8–17–07; 8:45 am] BILLING CODE 6712–01–P BILLING CODE 6690–01–M FEDERAL MARITIME COMMISSION [Docket No. 07–01] FEDERAL COMMUNICATIONS COMMISSION APM Terminals North America, Inc. v. The Port Authority of New York and New Jersey; The Port Authority of New York and New Jersey v. Maher Terminals LLC; Notice of Filing of Third-Party Complaint [Report No. 2827] Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding pwalker on PROD1PC71 with NOTICES August 14, 2007. Petitions for Reconsideration have been filed in the Commission’s Rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR 1.429(e). The full text of these documents is available for viewing and copying in Room CY–B402, 445 12th Street, SW., Washington, DC or may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI) (1–800–378–3160). Oppositions to these petitions must be filed by September 4, 2007. See Section 1.4(b)(1) of the Commission’s rules (47 CFR 1.4(b)(1)). Replies to oppositions must be filed within 10 days after the time for filing oppositions have expired. Subject: In the Matter of Recommendations of the Independent Panel Reviewing the Impact of the Hurricane Katrina on Communications Networks (EB Docket No. 06–119) (WC Docket No. 06–63). VerDate Aug<31>2005 16:53 Aug 17, 2007 Jkt 211001 Notice is given that a Third-Party Complaint has been filed with the Federal Maritime Commission by the Port Authority of New York and New Jersey (‘‘PANYNJ’’ or ‘‘Third-Party Complainant’’) against Maher Terminals LLC (‘‘Maher’’ or ‘‘Third-Party Respondent’’), a Marine Terminal Operator, in this proceeding noticed on January 17, 2007 (46 FR 1997). The Third-Party Complainant here, PANYNJ, is respondent in this proceeding in which APM Terminals North American, Inc. (‘‘APM’’ or ‘‘Complainant’’) asserts that PANYNJ has violated the Shipping Act of 1984 by failing to turnover a certain land parcel to APM. PANYNJ asserts that Maher is liable to it if PANYNJ is liable to APM. Specifically, PANYNJ asserts that Maher violated section 10(a)(3) of the Shipping Act (46 U.S.C. 41102(b)(2)) by failing to vacate certain lease premises as required by Lease EP–249 between PANYNJ and Maher. PANYNJ alleges that it was unable to meet its obligations to turn over marine terminal land designated in a lease it had with APM PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 EIB 92–28 396 ........... 15 minutes 99 hours ... 820. 15 minutes. 205 hours. as a direct result of Third-Party Respondent’s refusal to turn this land over as specified under the terms of its separate Lease EP–249. The Third-Party Complainant further alleges that section 249 of Lease EP–249 between it and the Third-Party Respondent, specifically required Third-Party Respondent to turn over this land so that it could be delivered to AMP. The Third-Party Complainant further contends that Lease EP–249 required Maher: (1) To indemnify and hold harmless the ThirdParty Complainant for any damages resulting from the Third-Party Respondent’s failure to turn over the Added Premises in a timely manner and (2) to defend PANYNJ at Maher’s sole expense for any claim arising out of its terminal operation. PANYNJ also contends that ‘‘any fair reading of eases EP–248 and EP–249 which were negotiated and entered into almost simultaneously reveals that the parties well knew that the Added Premises, then occupied by Maher, might not be handed over to AMP by December 31, 2007 * * * and that the eases contained provisions as to available remedies should that transfer not occur on time.’’ The PANYNJ prays that Maher be required to answer the changes in this Third-Party Complaint and that after appropriate process and procedure, Maher be order to pay reparation to PANYNJ in the amount of any damages and costs due to AMP as the result of the failure of PANYNJ to timely deliver the Added Premises and pursuant to 46 U.S.C. 41305(c) twice the amount of the reasonable fees, costs, and expenses E:\FR\FM\20AUN1.SGM 20AUN1 46486 Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Notices incurred by PANYNJ in defending the AMP action. Karen V. Gregory, Assistant Secretary. [FR Doc. E7–16268 Filed 8–17–07; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM pwalker on PROD1PC71 with NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 14, 2007. A. Federal Reserve Bank of Atlanta (David Tatum, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. Anderen Financial of TampaBay, Inc., Clearwater, Florida; to become a bank holding company by acquiring 100 percent of the voting shares of Anderen Bank of Tampa Bay, Palm Harbor, Florida (in organization). 2. Banco Popular Espanol, S.A., Madrid, Spain; to become a bank holding company by acquiring 100 VerDate Aug<31>2005 16:53 Aug 17, 2007 Jkt 211001 percent of the voting shares of TotalBank, Miami, Florida. B. Federal Reserve Bank of Chicago (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690–1414: 1. SB Bancorp, Inc., DeForest, Wisconsin; to become a bank holding company by acquiring 100 percent of the voting shares of Settlers Bank, DeForest, Wisconsin (in organization). C. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166–2034: 1. M & P Community Bancshares, Inc. 401(k) Employee Stock Ownership Plan, Newport, Arkansas; to acquire additional voting shares, not to exceed 32 percent of the total voting shares of M & P Community Bancshares, Inc., and thereby indirectly acquire additional voting shares of Merchants & Planters Bank, both of Newport, Arkansas, and Greers Ferry Lake State Bank, Heber Springs, Arkansas. D. Federal Reserve Bank of San Francisco (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: 1. Franklin Resources, Inc., San Mateo, California; to acquire 5.31 percent of the voting shares of Chemical Financial Corporation, and thereby indirectly acquire voting shares of Chemical Bank, both of Midland, Michigan. Board of Governors of the Federal Reserve System, August 15, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7–16295 Filed 8–17–07; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 4, 2007. A. Federal Reserve Bank of New York (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: 1. Banco Latinoamericano de Exportaciones S.A., Panama City, Republic of Panama; to engage de novo through its subsidiary, Bladex Asset Managment, New York, New York, in serving as investment adviser, including sponsoring, organizing and managing a closed-end investment company, pursuant to section 225.28(b)(6)(i); furnishing general economic information and advice, general economic statistical forecasting services, and industry studies, pursuant to section 225.28(b)(6)(ii); providing advice in connection with mergers, acquisitions, divestitures, investments, joint ventures, leveraged buyouts, recapitalizations, capital structurings, financing transactions and similar transactions, and conducting financial feasibility studies, pursuant to section 225.28(b)(6)(iii); providing information, statistical forecasting, and advice with respect to any transaction in foreign exchange, swaps, and similar transactions, commodities, and any forward contract, option, future, option on a future, and similar instruments, pursuant to section 225.28(b)(6)(iv); providing educational courses, and instructional materials to consumers on individual financial management matters, pursuant to section 225.28(b)(6)(v); and providing taxplanning and tax-preparation services to any person, pursuant to section 225.28(b)(6)(vi), all of Regulation Y. In addition, Applicant also has applied to engage in providing administrative services to mutual funds, including, but not limited do, recordkeeping, providing legal and regulatory advice, developing compliance procedures, preparing reports and tax returns, and coordinating with the funds’ other advisers and service providers. See E:\FR\FM\20AUN1.SGM 20AUN1

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[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46485-46486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16268]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-01]


APM Terminals North America, Inc. v. The Port Authority of New 
York and New Jersey; The Port Authority of New York and New Jersey v. 
Maher Terminals LLC; Notice of Filing of Third-Party Complaint

    Notice is given that a Third-Party Complaint has been filed with 
the Federal Maritime Commission by the Port Authority of New York and 
New Jersey (``PANYNJ'' or ``Third-Party Complainant'') against Maher 
Terminals LLC (``Maher'' or ``Third-Party Respondent''), a Marine 
Terminal Operator, in this proceeding noticed on January 17, 2007 (46 
FR 1997). The Third-Party Complainant here, PANYNJ, is respondent in 
this proceeding in which APM Terminals North American, Inc. (``APM'' or 
``Complainant'') asserts that PANYNJ has violated the Shipping Act of 
1984 by failing to turnover a certain land parcel to APM. PANYNJ 
asserts that Maher is liable to it if PANYNJ is liable to APM.
    Specifically, PANYNJ asserts that Maher violated section 10(a)(3) 
of the Shipping Act (46 U.S.C. 41102(b)(2)) by failing to vacate 
certain lease premises as required by Lease EP-249 between PANYNJ and 
Maher. PANYNJ alleges that it was unable to meet its obligations to 
turn over marine terminal land designated in a lease it had with APM as 
a direct result of Third-Party Respondent's refusal to turn this land 
over as specified under the terms of its separate Lease EP-249. The 
Third-Party Complainant further alleges that section 249 of Lease EP-
249 between it and the Third-Party Respondent, specifically required 
Third-Party Respondent to turn over this land so that it could be 
delivered to AMP. The Third-Party Complainant further contends that 
Lease EP-249 required Maher: (1) To indemnify and hold harmless the 
Third-Party Complainant for any damages resulting from the Third-Party 
Respondent's failure to turn over the Added Premises in a timely manner 
and (2) to defend PANYNJ at Maher's sole expense for any claim arising 
out of its terminal operation. PANYNJ also contends that ``any fair 
reading of eases EP-248 and EP-249 which were negotiated and entered 
into almost simultaneously reveals that the parties well knew that the 
Added Premises, then occupied by Maher, might not be handed over to AMP 
by December 31, 2007 * * * and that the eases contained provisions as 
to available remedies should that transfer not occur on time.''
    The PANYNJ prays that Maher be required to answer the changes in 
this Third-Party Complaint and that after appropriate process and 
procedure, Maher be order to pay reparation to PANYNJ in the amount of 
any damages and costs due to AMP as the result of the failure of PANYNJ 
to timely deliver the Added Premises and pursuant to 46 U.S.C. 41305(c) 
twice the amount of the reasonable fees, costs, and expenses

[[Page 46486]]

incurred by PANYNJ in defending the AMP action.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E7-16268 Filed 8-17-07; 8:45 am]
BILLING CODE 6730-01-P