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, 288-289 [E8-31277]

Download as PDF 288 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Notices PUMPOUT FACILITIES WITHIN PROPOSED NO DISCHARGE AREAS Name Location Contact info. Hours Mean low water depth REVERE, SAUGUS, LYNN, NAHANT, AND SWAMPSCOTT Seaport Landing Marina ........ Revere Harbormaster ............ Lynn Harbor ........................... Revere ................................... Dated: December 19, 2008. Robert W. Varney, Regional Administrator, New England Region. [FR Doc. E8–31300 Filed 1–2–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8759–8] Predicting Future Introductions of Nonindigenous Species to the Great Lakes EPA is announcing the availability of a final report titled, ‘‘Predicting Future Introductions of Nonindigenous Species to the Great Lakes’’ (EPA/600/R–08/066F). The report was prepared by the National Center for Environmental Assessment (NCEA), within EPA’s Office of Research and Development (ORD). The Great Lakes of the United States have been subjected to adverse ecological and economic impacts from introduced species. Ballast water discharge from commercial shipping is the major means by which these nonindigenous species have entered the Great Lakes. This assessment demonstrates that successful invasions are best predicted by knowing the propagule pressure (i.e., the number of larvae/individuals entering a new area) and habitat matching (i.e., how similar is the invaded area to the native range of the species). The purpose of the report is to help resource managers focus monitoring activities on particular nonindigenous species at ports that are most at risk of invasion. DATES: This document will be available on or about January 5, 2009. ADDRESSES: The document will be available electronically through the NCEA Web site at https://www.epa.gov/ ncea. A limited number of paper copies will be available from EPA’s National Service Center for Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242; telephone: 1– 800–490–9198; facsimile: 301–604– 3408; e-mail: nscep@bps-lmit.com. VerDate Aug<31>2005 14:05 Jan 02, 2009 Jkt 217001 Please provide your name, your mailing address, the title and the EPA number of the requested publication. FOR FURTHER INFORMATION CONTACT: The Information Management Team, National Center for Environmental Assessment (8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone: 703–347–8561; fax: 703–347–8691; email: nceadc.comment@epa.gov. Dated: December 22, 2008. Rebecca Clark, Acting Director, National Center for Environmental Assessment. [FR Doc. E8–31295 Filed 1–2–09; 8:45 am] AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability. SUMMARY: 781–592–5821; VHF 9,13,16 207–967–2511, VHF 9 .......... BILLING CODE 6560–50–P 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-vesseloperating 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. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 8am–7pm April 15–Nov. 1 ..... On Call ................................... 20 ft. NA 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 rerouting the domestic inland portion of a through transportation movement violates the Shipping Act, which finding allegedly would have farreaching 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 secretary@fmc.gov. The Petition will be posted on the Commission’s Web site at https:// www.fmc.gov/reading/Dockets.asp. Replies filed in response to this petition E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Notices 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 FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than January 21, 2009. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: 1. Leon Dale Loveall, individually, and acting in concert with Marlese Loveall, both of Columbia, Missouri, to acquire voting shares of Mid America Banking Corporation, Columbia, Missouri, and thereby indirectly acquire voting shares of Mid America Bank & Trust Company, Dixon, Missouri. Board of Governors of the Federal Reserve System, December 30, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8–31260 Filed 1–2–09; 8:45 am] 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 applications 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 January 23, 2009. A. Federal Reserve Bank of San Francisco (Kenneth Binning, Vice President, Applications and Enforcement) 101 Market Street, San Francisco, California 94105–1579: 1. Franklin Resources, Inc., San Mateo, California, to acquire up to 8.4 percent of the voting shares of AB&T Financial Corporation, and thereby indirectly acquire voting shares of Alliance Bank & Trust Company, both of Gastonia, North Carolina. Board of Governors of the Federal Reserve System, December 30, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8–31261 Filed 1–2–09; 8:45 am] BILLING CODE 6210–01–S BILLING CODE 6210–01–S FEDERAL TRADE COMMISSION FEDERAL RESERVE SYSTEM [File No. 051 0252] Formations of, Acquisitions by, and Mergers of Bank Holding Companies Boulder Valley Individual Practice Association, et al.; Agreement Containing Consent Order To Aid Public Comment 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 VerDate Aug<31>2005 14:05 Jan 02, 2009 Jkt 217001 Federal Trade Commission. ACTION: Proposed Consent Agreement. AGENCY: SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 289 methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before January 22, 2009. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Boulder Valley IPA, File No. 051 0252,’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/ Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form by following the instructions on the webbased form at (https:// secure.commentworks.com/ftcBoulderValleyIPA). To ensure that the Commission considers an electronic comment, you must file it on that webbased form. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC website, to the extent practicable, at www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 288-289]
From the Federal Register Online via the Government Printing 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 secretary@fmc.gov. The Petition will be posted on 
the Commission's Web site at https://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
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