Maher Terminal, LLC, v. The Port Authority of New York and New Jersey; Notice of Filing of Complaint and Assignment, 34304-34305 [E8-13547]

Download as PDF 34304 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices Dated: June 10, 2008. Stephen S. Tuber, Assistant Regional Administrator, Office of Partnerships and Regulatory Assistance, EPA, Region 8. Dated: June 10, 2008. Alexis Strauss, Director, Water Divsion, EPA, Region 9. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8580–7] Notice of Tentative Approval and Solicitation of Request for a Public Hearing for Public Water System Supervision Program Revisions for the State of West Virginia Environmental Protection Agency (EPA). ACTION: Notice of Tentative Approval and Solicitation of Requests for a Public Hearing. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the State of West Virginia is revising their Public Water Supply Supervision (PWSS) program to meet the requirements of Section 1413 of the Safe Drinking Water Act. West Virginia has adopted regulations for the Long Term 2 Enhanced Surface Water Treatment Rule (LT2) to improve public health protection through the control of microbiological contaminants by targeting additional Cryptosporidium treatment requirements to higher risk systems, and for the Stage 2 Disinfection By-Products Rule (Stage 2) to reduce exposure to Disinfection By-Products (DBP) by requiring systems to meet maximum contaminant levels as an average at each compliance monitoring location, rather than as a system-wide average, for two groups of DBPs, trihalomethanes (TTHM) and five haloacetic acids (HAA5). EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, EPA has decided to tentatively approve these program revisions. All interested parties are invited to submit written comments on this determination and may request a public hearing. DATES: Comments or a request for a public hearing must be submitted by July 17, 2008. This determination shall 16:10 Jun 16, 2008 Jkt 214001 FEDERAL MARITIME COMMISSION Comments or a request for a public hearing must be submitted to the U.S. Environmental Protection Agency Region III, 1650 Arch Street, Philadelphia, PA 19103–2029. All documents relating to this determination are available for inspection between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, at the following offices: • Drinking Water Branch, Water Protection Division, U.S. Environmental Protection Agency Region III, 1650 Arch Street, Philadelphia, PA 19103–2029. • West Virginia Department of Health and Human Resources, Environmental Engineering Division, Capitol and Washington Streets, 1 Davis Square, Suite 200, Charleston, WV 25301–1798. Notice is given that a complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by Maher Terminal, LLC. Complainant asserts that it is a limited liability company registered in the State of Delaware with corporate offices and facilities located in Elizabeth, New Jersey. Complainant asserts that Respondent, The Port Authority of New York and New Jersey (‘‘PANYNJ’’), is a body corporate and politic created by Compact between the States of New York and New Jersey and with the consent of the Congress; has offices located in New York, New York; owns marine terminal facilities in the New York-New Jersey area, including in Elizabeth, New Jersey; and is a marine terminal operator within the meaning of the Shipping Act of 1984, as amended (‘‘The Shipping Act’’). See 46 U.S.C. 40102(14). Complainant contends that Respondent violated sections 41102(c) and 41106(2) and (3) of The Shipping Act, respectively, by: (1) Failing to establish, observe and enforce just and reasonable practices with respect to Complainant; (2) giving undue or unreasonable preference or advantage to APMT and imposing undue or unreasonable prejudice or disadvantage with respect to Complainant; and (3) unreasonably refusing to deal or negotiate with Complainant. 46 U.S.C. 41102(c), 41106(2)–(3). Specifically, Complainant alleges that Respondent’s lease agreement EP–248 with APM Terminals North America, Inc., formerly known as Maersk Container Service Company, Inc. (‘‘APMT’’), grants to APMT unduly and unreasonably more favorable lease terms than Respondent provides to Complainant in lease agreement EP– 249. These agreements, Complainant avers, are filed with the Commission as FMC Agreement Nos. 201106 and 201131, respectively. Complainant contends that the lease terms which disadvantage Complainant include, but are not limited to, the annual rental rate per acre, investment requirements, throughput requirements, a first point of rest requirement for automobiles, and the security deposit requirement. Complainant asserts that it has sustained injuries and damages, as a result of Respondent’s actions, including but not limited to higher rents, costs, and other undue and unreasonable payments and obligations ADDRESSES: Dated: June 11, 2008. Michael Lidgard, Acting Director, Office of Water and Watersheds, EPA, Region 10. [FR Doc. E8–13615 Filed 6–16–08; 8:45 am] VerDate Aug<31>2005 become effective on July 17, 2008 if no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, and if no comments are received which cause EPA to modify its tentative approval. FOR FURTHER INFORMATION CONTACT: Michelle Moustakas, Drinking Water Branch (3WP21) at the Philadelphia address given above; telephone (215) 814–5741 or fax (215) 814–2318. All interested parties are invited to submit written comments on this determination and may request a public hearing. All comments will be considered, and, if necessary, EPA will issue a response. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by July 17, 2008, a public hearing will be held. A request for public hearing shall include the following: (1) The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; (2) a brief statement of the requesting person’s interest in the Regional Administrator’s determination and of information that the requesting person intends to submit at such a hearing; and (3) the signature of the individual making the request; or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. SUPPLEMENTARY INFORMATION: Dated: June 5, 2008. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E8–13614 Filed 6–16–08; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 [Docket No. 08–03] Maher Terminal, LLC, v. The Port Authority of New York and New Jersey; Notice of Filing of Complaint and Assignment E:\FR\FM\17JNN1.SGM 17JNN1 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Notices amounting to a sum of millions of dollars. Complainant requests that the Commission require Respondent to: (1) Answer the charges in the subject complaint; (2) cease and desist from the aforementioned violations of the Shipping Act; (3) provide to Complainant the preferences provided to APMT; (4) put in force such practices and as the Commission determines to be lawful and reasonable; and (5) pay to Complainant by way of reparations the amount of the actual injury, plus interest, cost and attorneys fees, and any other damages to be determined. Additionally, Complainant requests that the Commission order any such other relief as it determines appropriate. This proceeding has been assigned to the Office of Administrative Law Judges. Hearing in this matter, if any is held, shall commence within the time limitations prescribed in 46 CFR 502.61, and only after consideration has been given by the parties and the presiding officer to the use of alternative forms of dispute resolution. The hearing shall include oral testimony and crossexamination in the discretion of the presiding officer only upon proper showing that there are genuine issues of material fact that cannot be resolved on the basis of sworn statements, affidavits, depositions, or other documents or that the nature of the matter in issue is such that an oral hearing and crossexamination are necessary for the development of an adequate record. Pursuant to the further terms of 46 CFR 502.61, the initial decision of the presiding officer in this proceeding shall be issued by June 11, 2009, and the final decision of the Commission shall be issued by October 9, 2009. Karen V. Gregory, Assistant Secretary. [FR Doc. E8–13547 Filed 6–16–08; 8:45 am] SUMMARY: The Department of Health and Human Services (HHS) gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees for Los Alamos National Laboratory, Los Alamos, New Mexico, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: Facility: Los Alamos National Laboratory. Location: Los Alamos, New Mexico. Job Titles and/or Job Duties: All service support workers (which includes, but is not limited to, security guards, firefighters, laborers, custodians, carpenters, plumbers, electricians, pipefitters, sheet metal workers, ironworkers, welders, maintenance workers, truck drivers, delivery persons, radiation technicians, and area work coordinators) who worked in any operational Technical Areas with a history of radioactive material use. Period of Employment: January 1, 1976 through December 31, 2005. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C–46, Cincinnati, OH 45226, Telephone 513– 533–6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to OCAS@CDC.GOV. Dated: June 5, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8–13626 Filed 6–16–08; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES jlentini on PROD1PC65 with NOTICES National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees for Los Alamos National Laboratory, Los Alamos, NM, To Be Included in the Special Exposure Cohort National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. AGENCY: VerDate Aug<31>2005 16:10 Jun 16, 2008 Jkt 214001 required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees for General Steel Industries, Granite City, Illinois, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: Facility: General Steel Industries. Location: Granite City, Illinois. Job Titles and/or Job Duties: All individuals who worked in any location. Period of Employment: January 1, 1953 through December 31, 1966, and/or during the residual contamination period from January 1, 1967 through December 31, 1992. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C–46, Cincinnati, OH 45226, Telephone 513– 533–6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to OCAS@CDC.GOV. Dated: June 5, 2008. John Howard, Director, National Institute for Occupational Safety and Health. [FR Doc. E8–13629 Filed 6–16–08; 8:45 am] BILLING CODE 4163–19–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings BILLING CODE 4163–19–P BILLING CODE 6730–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 34305 National Institute for Occupational Safety and Health; Decision To Evaluate a Petition To Designate a Class of Employees for General Steel Industries, Granite City, IL, To Be Included in the Special Exposure Cohort National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS). ACTION: Notice. AGENCY: SUMMARY: The Department of Health and Human Services (HHS) gives notice as PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Center for Scientific Review Special Emphasis Panel, Molecular E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Notices]
[Pages 34304-34305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13547]


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FEDERAL MARITIME COMMISSION

[Docket No. 08-03]


Maher Terminal, LLC, v. The Port Authority of New York and New 
Jersey; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Maher Terminal, LLC. 
Complainant asserts that it is a limited liability company registered 
in the State of Delaware with corporate offices and facilities located 
in Elizabeth, New Jersey. Complainant asserts that Respondent, The Port 
Authority of New York and New Jersey (``PANYNJ''), is a body corporate 
and politic created by Compact between the States of New York and New 
Jersey and with the consent of the Congress; has offices located in New 
York, New York; owns marine terminal facilities in the New York-New 
Jersey area, including in Elizabeth, New Jersey; and is a marine 
terminal operator within the meaning of the Shipping Act of 1984, as 
amended (``The Shipping Act''). See 46 U.S.C. 40102(14). Complainant 
contends that Respondent violated sections 41102(c) and 41106(2) and 
(3) of The Shipping Act, respectively, by: (1) Failing to establish, 
observe and enforce just and reasonable practices with respect to 
Complainant; (2) giving undue or unreasonable preference or advantage 
to APMT and imposing undue or unreasonable prejudice or disadvantage 
with respect to Complainant; and (3) unreasonably refusing to deal or 
negotiate with Complainant. 46 U.S.C. 41102(c), 41106(2)-(3).
    Specifically, Complainant alleges that Respondent's lease agreement 
EP-248 with APM Terminals North America, Inc., formerly known as Maersk 
Container Service Company, Inc. (``APMT''), grants to APMT unduly and 
unreasonably more favorable lease terms than Respondent provides to 
Complainant in lease agreement EP-249. These agreements, Complainant 
avers, are filed with the Commission as FMC Agreement Nos. 201106 and 
201131, respectively. Complainant contends that the lease terms which 
disadvantage Complainant include, but are not limited to, the annual 
rental rate per acre, investment requirements, throughput requirements, 
a first point of rest requirement for automobiles, and the security 
deposit requirement.
    Complainant asserts that it has sustained injuries and damages, as 
a result of Respondent's actions, including but not limited to higher 
rents, costs, and other undue and unreasonable payments and obligations

[[Page 34305]]

amounting to a sum of millions of dollars. Complainant requests that 
the Commission require Respondent to: (1) Answer the charges in the 
subject complaint; (2) cease and desist from the aforementioned 
violations of the Shipping Act; (3) provide to Complainant the 
preferences provided to APMT; (4) put in force such practices and as 
the Commission determines to be lawful and reasonable; and (5) pay to 
Complainant by way of reparations the amount of the actual injury, plus 
interest, cost and attorneys fees, and any other damages to be 
determined. Additionally, Complainant requests that the Commission 
order any such other relief as it determines appropriate.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by June 11, 
2009, and the final decision of the Commission shall be issued by 
October 9, 2009.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-13547 Filed 6-16-08; 8:45 am]
BILLING CODE 6730-01-P
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