Valero Refining-Texas, L.P. v. Port of Corpus Christi Authority of Nueces County, TX; Notice of Filing of Complaint and Assignment, 68188 [2011-28467]

Download as PDF 68188 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices Filing Party: Wayne Rohde, Esq.; Cozen O’Connor; 1627 I Street NW.; Suite 1100; Washington, DC 20006. Synopsis: The amendment revises the operational capacity of the vessels deployed under the Agreement and the space allocations of the parties accordingly. Parties requested expedited review. Agreement No.: 201165–002. Title: Marine Terminal Lease and Operating Agreement. Parties: Broward County and Dole Fresh Fruit Company. Filing Party: Candace J. McCann; Broward County Board of County Commissioners; Office of the County Attorney; 1850 Eller Drive, Suite 502; Fort Lauderdale, FL 33316. Synopsis: The Amendment revises the defined premises, adjusts related rentals, and clarifies payment obligations. By Order of the Federal Maritime Commission. Dated: October 28, 2011. Karen V. Gregory, Secretary. [FR Doc. 2011–28417 Filed 11–2–11; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION [Docket No. 11–18] srobinson on DSK4SPTVN1PROD with NOTICES Valero Refining-Texas, L.P. v. Port of Corpus Christi Authority of Nueces County, TX; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by Valero Refining–Texas, L.P., hereinafter ‘‘Complainant,’’ against the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) hereinafter ‘‘Respondent’’. Complainant asserts that it is a limited partnership duly organized and existing under the laws of the State of Texas, and operates a petroleum refinery at two locations along the Corpus Christi Ship Channel. Complainant alleges that Respondent is a marine terminal operator and a ‘‘navigation district and political subdivision of the State of Texas.’’ Complainant alleges that it ‘‘has been charged wharfage and other charges that are excessive and not reasonably related to the value of services rendered to Complainant.’’ Further, ‘‘[t]hrough application of such charges, Complainant has been forced to subsidize costs associated with services provided to other users of port facilities.’’ Complainant alleges that Respondent ‘‘has violated and continues VerDate Mar<15>2010 16:50 Nov 02, 2011 Jkt 226001 to violate the Shipping Act, 46 U.S.C. 41106(2) and (3) and 41102(c), by (a) Subjecting Valero [Complainant] to an undue or unreasonable prejudice or disadvantage; (b) granting an undue preference or advantage with respect to certain users of its facilities; and (c) failing to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with the receiving, handling, storing or delivering of property.’’ Complainant requests the Commission issue an order ‘‘[c]ommanding the PCCA to cease and desist from engaging in the aforesaid violations of the Shipping Act; putting in force such practices as the Commission determines to be lawful and reasonable; and * * * [c]ommanding the PCCA to pay to Valero reparations for violations of the Shipping Act, including the amount of the actual injury, plus interest, costs and attorneys fees; and * * * [c]ommanding any other such relief as the Commission determines appropriate.’’ The full text of the complaint can be found in the Commission’s Electronic Reading Room at https://www.fmc.gov. 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 October 29, 2012 and the final decision of the Commission shall be issued by February 26, 2013. Karen V. Gregory, Secretary. [FR Doc. 2011–28467 Filed 11–2–11; 8:45 am] BILLING CODE 6730–01–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, PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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. 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 November 18, 2011. A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309: 1. First NBC Bank Holding Company, New Orleans, Louisiana; to acquire 100 percent of the voting shares of Central Progressive Bank, Lacombe, Louisiana. Board of Governors of the Federal Reserve System, October 31, 2011. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2011–28495 Filed 11–2–11; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies 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 E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Page 68188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28467]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-18]


Valero Refining-Texas, L.P. v. Port of Corpus Christi Authority 
of Nueces County, TX; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Valero Refining-Texas, L.P., 
hereinafter ``Complainant,'' against the Port of Corpus Christi 
Authority of Nueces County, Texas (PCCA) hereinafter ``Respondent''. 
Complainant asserts that it is a limited partnership duly organized and 
existing under the laws of the State of Texas, and operates a petroleum 
refinery at two locations along the Corpus Christi Ship Channel. 
Complainant alleges that Respondent is a marine terminal operator and a 
``navigation district and political sub-division of the State of 
Texas.''
    Complainant alleges that it ``has been charged wharfage and other 
charges that are excessive and not reasonably related to the value of 
services rendered to Complainant.'' Further, ``[t]hrough application of 
such charges, Complainant has been forced to subsidize costs associated 
with services provided to other users of port facilities.'' Complainant 
alleges that Respondent ``has violated and continues to violate the 
Shipping Act, 46 U.S.C. 41106(2) and (3) and 41102(c), by (a) 
Subjecting Valero [Complainant] to an undue or unreasonable prejudice 
or disadvantage; (b) granting an undue preference or advantage with 
respect to certain users of its facilities; and (c) failing to 
establish, observe, and enforce just and reasonable regulations and 
practices relating to or connected with the receiving, handling, 
storing or delivering of property.'' Complainant requests the 
Commission issue an order ``[c]ommanding the PCCA to cease and desist 
from engaging in the aforesaid violations of the Shipping Act; putting 
in force such practices as the Commission determines to be lawful and 
reasonable; and * * * [c]ommanding the PCCA to pay to Valero 
reparations for violations of the Shipping Act, including the amount of 
the actual injury, plus interest, costs and attorneys fees; and * * * 
[c]ommanding any other such relief as the Commission determines 
appropriate.'' The full text of the complaint can be found in the 
Commission's Electronic Reading Room at https://www.fmc.gov.
    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 October 29, 
2012 and the final decision of the Commission shall be issued by 
February 26, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-28467 Filed 11-2-11; 8:45 am]
BILLING CODE 6730-01-P
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