Draft Cargoways India (PVT.) LTD. v. DAMCO U.S.A., INC., DAMCO A/S, A.P. Moller-Maersk A/S, Glencore LTD., and Allegheny Alloys Trading LP; Notice of Filing of Amended Complaint, 77875-77876 [2010-31346]

Download as PDF Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices and paper records, documents, and files that are stored in filing cabinets in the EB office suites at headquarters and in field offices. RETRIEVABILITY: 1. Information in the electronic database information can be retrieved by the name(s) of the individual(s) who filed the complaint(s), the individual who is subject of the complaint, and by a unique case number assigned to each type of activity conducted by the Bureau, e.g., inspections, audits, investigations, hearings, due diligence requests, etc. 2. Information in the central files, e.g., paper documents, records, and files, etc., includes all the other information pertaining to these complainant investigations and/or cases, i.e., name, address, telephone number, etc., and is maintained for reference and archival purposes. This information is retrieved by a unique identification number assigned to each complainant investigation and/or case. SAFEGUARDS: srobinson on DSKHWCL6B1PROD with NOTICES The paper files, documents, and records are stored in file cabinets in non-public areas in the EB office suites at headquarters and in field offices. The file cabinets are locked at the end of each business day or when not in use. The electronic records, data, and files are maintained in the FCC computer network databases at headquarters and in the field offices. Access to both the paper files and the electronic files is restricted to authorized EB supervisors and staff. Authorized staff and contractors in the FCC’s Information Technology Center (ITC) have access to the electronic files. Other employees, interns, and contractors may be granted access to the paper files and/or the electronic files on a ‘‘need-to-know’’ basis. The FCC’s computer network databases are protected by the FCC’s security protocols, which include controlled access, passwords, and other security features. Information resident on the database servers is backed-up routinely onto magnetic media. Backup tapes are stored on-site and at a secured, off-site location. The information that is stored in the computer databases in the EB field offices is protected by similar security protocols and safeguards. RETENTION AND DISPOSAL: The retention schedule for this system of records has not yet been determined. No records will be destroyed until a disposal schedule is approved by the National Archives and Records Administration (NARA). [check with Records Management] VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 SYSTEM MANAGER(S) AND ADDRESS: Enforcement Bureau (EB), Federal Communications Commission (FCC), 445 12th Street, SW., Washington, DC 20554. 77875 Federal Communications Commission. Marlene H. Dortch, Secretary, Federal Communications Commission. [FR Doc. 2010–31356 Filed 12–13–10; 8:45 am] BILLING CODE 6712–01–P NOTIFICATION PROCEDURE: Under the authority granted to heads of agencies by 5 U.S.C. 552a(k), the FCC has determined (47 CFR Section 0.561) that this system of records is exempt from disclosing its notification procedure for this system of records. RECORD ACCESS PROCEDURES: Under the authority granted to heads of agencies by 5 U.S.C. 552a(k), the FCC has determined (47 CFR Section 0.561) that this system of records is exempt from disclosing its record access procedure for this system of records. CONTESTING RECORD PROCEDURE: Under the authority granted to heads of agencies by 5 U.S.C. 552a(k), the FCC has determined (47 CFR Section 0.561) that this system of records is exempt from disclosing its contesting record procedure for this system of records. RECORD SOURCE CATEGORIES: Under the authority granted to heads of agencies by 5 U.S.C. 552a(k), the FCC has determined (47 CFR Section 0.561) that this system of records is exempt from disclosing its record sources for this system of records. EXEMPTION FROM CERTAIN PROVISIONS OF THE ACT: This system of records is exempt from sections (c)(3), (d), (e)(4)(G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C. 552a, and from 47 CFR 0.554– 0.557 of the Commission’s rules. These provisions concern the notification, record access, and contesting procedures described above, and also the publication of record sources. The system is exempt from these provisions because it contains the following types of information: 1. Investigative material compiled for law enforcement purposes as defined in Section (k)(2) of the Privacy Act; 2. Properly classified information, obtained from another Federal agency during the course of a personnel investigation, which pertains to national defense and foreign policy, as stated in Section (k)(1) of the Privacy Act; and 3. Investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, as described in Section (k)(5) of the Privacy Act, as amended. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 FEDERAL MARITIME COMMISSION [Docket No. 10–10] Draft Cargoways India (PVT.) LTD. v. DAMCO U.S.A., INC., DAMCO A/S, A.P. Moller–Maersk A/S, Glencore LTD., and Allegheny Alloys Trading LP; Notice of Filing of Amended Complaint Notice is given that an Amended Complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by DRAFT CARGOWAYS (INDIA) PVT. LTD. (‘‘Complainant’’) in this proceeding against DAMCO USA, INC., DAMCO A/ S, AND A.P. MOLLER–MAERSK A/S (‘‘Respondent’’) noticed on November 16, 2010 (75 FR 20005). Complainant asserted in its original complaint that Respondents violated Sections 8(a)(1), 10(b)(2)(A), 10(b)(11), 10(b)(13) and 10(d)(1) of the Shipping Act of 1984, 46 U.S.C. 40501(a)(1), 41104(2) and (11), 41103(a) and 41102(c). Complainant alleged that Respondents ‘‘invoiced and attempted to collect amounts from Complainant for demurrage and detention’’ on the shipments at issue and that ‘‘DAMCO A/S’ published tariff did not contain any demurrage and detention provisions * * *.’’ Complainant alleged that Respondent DAMCO US has ‘‘made * * * false representations, misleading statements or omissions in a Complaint (* * *) filed in the United States District Court for the Eastern District of Virginia’’ pertaining to the same shipping transactions. Complainant also alleged that Respondents ‘‘have repeatedly utilized a ‘bait and switch’ scheme * * * in misleading the shipping public, including DRAFT, * * * by utilizing DAMCO US, DAMCO A/S, and MAERSK as interchangeable parts’’ and that the scheme is a ‘‘practice.’’ Complainant asserted that by using this scheme Respondents ‘‘knowingly disclosed, offered, solicited and received information concerning the nature, kind, quantity, destination, shipper, consignee, and routing of the property * * * without the consent of DRAFT and us(ed) that information to the detriment and disadvantage to DRAFT.’’ Complainant asserted that it ‘‘has lost significant business to MAERSK generated by its Indian accounts related to subject shipments.’’ E:\FR\FM\14DEN1.SGM 14DEN1 77876 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices The Amended Complaint describes further allegations raised by DAMCO A/ S in the district court proceeding and makes further allegations indicating that DAMCO A/S ‘‘by cross-referencing MAERSK’s demurrage clause in its tariff violated 46 CFR 520.7(a)(3)’’ and ‘‘by having two conflicting tariffs violated 46 CFR 520.7(a)(4). Also, the Amended Complaint adds as parties to this proceeding, Glencore Ltd. (‘‘Glencore’’) and Allegheny Alloys Trading LP (‘‘Allegheny’’), as they were ‘‘the actual consignees for subject shipments,’’ and requests that ‘‘[i]f the Commission finds that DAMCO A/S is entitled to demurrage/detention’’, Glencore and Allegheny be found in violation of Section 10(a)(1) of the Shipping Act, 46 U.S.C. 41102(a), and be required to make reparations to Complainant in the amount of $20,725. The Amended Complaint does not alter the Complainant’s original request that the Commission: compel Respondents to answer the complaint; find Respondents DAMCO A/S, DAMCO US and MAERSK in violation of the Shipping Act; order Respondents DAMCO A/S, DAMCO US and MAERSK to make reparations to Complainant in the amount of $20,725 ‘‘for amounts paid for demurrage and detention’’, and $150,000 for lost business and clients; pay interest, costs and attorneys’ fees; order Respondents DAMCO A/S, DAMCO US and MAERSK to ‘‘cease and desist in the action filed in the United States District Court, Eastern District of Virginia * * * and to cease and desist in attempting to collect amounts for demurrage and detention in the amount of $174,412.50; and impose any other relief as the Commission determines to be proper, fair, and just. Notice is also given that Glencore and Allegheny are now identified as Respondents in the caption for this proceeding. Karen V. Gregory, Secretary. [FR Doc. 2010–31346 Filed 12–13–10; 8:45 am] BILLING CODE 6730–01–P srobinson on DSKHWCL6B1PROD with NOTICES FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company 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 shares of a bank or bank holding company. The factors that are considered in acting on VerDate Mar<15>2010 17:09 Dec 13, 2010 Jkt 223001 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 offices 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 December 28, 2010. A. Federal Reserve Bank of Dallas (E. Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– 2272: 1. Chandrakant B. Patel, Surekha Patel, Bipin Patel, Sandhya Patel, and Chandrakant B. Patel, as trustee of the following trusts: Sushil Patel 2010 Irrevocable Trust, Rajan Patel 2010 Irrevocable Trust, Shetal Patel 2010 Irrevocable Trust, and Toral Balakrishnan 2010 Irrevocable Trust (also known as ‘‘Patel Family Group’’), all of Irving, Texas; to acquire voting shares of SBT Bancshares, Inc., and thereby indirectly acquire voting shares of State Bank of Texas, both of Dallas, Texas. Board of Governors of the Federal Reserve System, December 8, 2010. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2010–31242 Filed 12–13–10; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM 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 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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. 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 7, 2011. A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President), 1 Memorial Drive, Kansas City, Missouri 64198–0001: 1. Frontier Management, LLC, and Frontier Holdings, LLC, both in Omaha, Nebraska; to acquire 100 percent of the voting shares of ARSEBECO, Inc., and thereby indirectly acquire voting shares of Richardson County Bank & Trust Company, both in Falls City, Nebraska. Board of Governors of the Federal Reserve System, December 9, 2010. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2010–31302 Filed 12–13–10; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Sunshine Act Meeting Board of Governors of the Federal Reserve System. TIME AND DATE: 2:30 p.m., Thursday, December 16, 2010. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th Street entrance between Constitution Avenue and C Streets, NW., Washington, DC 20551. STATUS: Open. You will be able to view the meeting via webcast from a link available on the Board’s Web page at https:// www.federalreserve.gov on the day of the meeting. If you plan to attend the open meeting in person, we ask that you notify us in advance and provide your name, date of birth, and social security number (SSN) or passport number. You may provide this information by calling (202) 452– 2474 or you may register online. You may pre-register until close of business (December 15, 2010). You also will be asked to provide identifying information, including a photo ID, before being admitted to the Board meeting. The Public Affairs Office must approve the use of cameras; please call (202) 452–2955 for further information. If you need an accommodation for a AGENCY HOLDING THE MEETING: E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

Federal Maritime Commission

[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77875-77876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31346]


=======================================================================
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FEDERAL MARITIME COMMISSION

[Docket No. 10-10]


Draft Cargoways India (PVT.) LTD. v. DAMCO U.S.A., INC., DAMCO A/
S, A.P. Moller-Maersk A/S, Glencore LTD., and Allegheny Alloys Trading 
LP; Notice of Filing of Amended Complaint

    Notice is given that an Amended Complaint has been filed with the 
Federal Maritime Commission (``Commission'') by DRAFT CARGOWAYS (INDIA) 
PVT. LTD. (``Complainant'') in this proceeding against DAMCO USA, INC., 
DAMCO A/S, AND A.P. MOLLER-MAERSK A/S (``Respondent'') noticed on 
November 16, 2010 (75 FR 20005). Complainant asserted in its original 
complaint that Respondents violated Sections 8(a)(1), 10(b)(2)(A), 
10(b)(11), 10(b)(13) and 10(d)(1) of the Shipping Act of 1984, 46 
U.S.C. 40501(a)(1), 41104(2) and (11), 41103(a) and 41102(c). 
Complainant alleged that Respondents ``invoiced and attempted to 
collect amounts from Complainant for demurrage and detention'' on the 
shipments at issue and that ``DAMCO A/S' published tariff did not 
contain any demurrage and detention provisions * * *.'' Complainant 
alleged that Respondent DAMCO US has ``made * * * false 
representations, misleading statements or omissions in a Complaint (* * 
*) filed in the United States District Court for the Eastern District 
of Virginia'' pertaining to the same shipping transactions. Complainant 
also alleged that Respondents ``have repeatedly utilized a `bait and 
switch' scheme * * * in misleading the shipping public, including 
DRAFT, * * * by utilizing DAMCO US, DAMCO A/S, and MAERSK as 
interchangeable parts'' and that the scheme is a ``practice.'' 
Complainant asserted that by using this scheme Respondents ``knowingly 
disclosed, offered, solicited and received information concerning the 
nature, kind, quantity, destination, shipper, consignee, and routing of 
the property * * * without the consent of DRAFT and us(ed) that 
information to the detriment and disadvantage to DRAFT.'' Complainant 
asserted that it ``has lost significant business to MAERSK generated by 
its Indian accounts related to subject shipments.''

[[Page 77876]]

    The Amended Complaint describes further allegations raised by DAMCO 
A/S in the district court proceeding and makes further allegations 
indicating that DAMCO A/S ``by cross-referencing MAERSK's demurrage 
clause in its tariff violated 46 CFR 520.7(a)(3)'' and ``by having two 
conflicting tariffs violated 46 CFR 520.7(a)(4). Also, the Amended 
Complaint adds as parties to this proceeding, Glencore Ltd. 
(``Glencore'') and Allegheny Alloys Trading LP (``Allegheny''), as they 
were ``the actual consignees for subject shipments,'' and requests that 
``[i]f the Commission finds that DAMCO A/S is entitled to demurrage/
detention'', Glencore and Allegheny be found in violation of Section 
10(a)(1) of the Shipping Act, 46 U.S.C. 41102(a), and be required to 
make reparations to Complainant in the amount of $20,725. The Amended 
Complaint does not alter the Complainant's original request that the 
Commission: compel Respondents to answer the complaint; find 
Respondents DAMCO A/S, DAMCO US and MAERSK in violation of the Shipping 
Act; order Respondents DAMCO A/S, DAMCO US and MAERSK to make 
reparations to Complainant in the amount of $20,725 ``for amounts paid 
for demurrage and detention'', and $150,000 for lost business and 
clients; pay interest, costs and attorneys' fees; order Respondents 
DAMCO A/S, DAMCO US and MAERSK to ``cease and desist in the action 
filed in the United States District Court, Eastern District of Virginia 
* * * and to cease and desist in attempting to collect amounts for 
demurrage and detention in the amount of $174,412.50; and impose any 
other relief as the Commission determines to be proper, fair, and just.
    Notice is also given that Glencore and Allegheny are now identified 
as Respondents in the caption for this proceeding.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-31346 Filed 12-13-10; 8:45 am]
BILLING CODE 6730-01-P

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