Maher Terminal, LLC, 21981 [2012-8777]

Download as PDF Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices EXPORT-IMPORT BANK OF THE UNITED STATES Economic Impact Policy This notice is to inform the public that the Export-Import Bank of the United States has received an application for a $19.5 million longterm guarantee to support the export of approximately $30 million worth of mining trucks to the Ukraine. The repayment term of the guarantee is 7 years. The U.S. exports will enable the Ukrainian mining company to establish a maximum production capacity of 28 million metric tons of iron ore per year. Available information indicates that all of the Ukrainian iron ore production will be sold domestically in the Ukraine. Interested parties may submit comments on this transaction by email to economic.impact@exim.gov or by mail to 811 Vermont Avenue NW., Room 947, Washington, DC 20571, within 14 days of the date this notice appears in the Federal Register. Angela Mariana Freyre, Senior Vice President and General Counsel. [FR Doc. 2012–8829 Filed 4–11–12; 8:45 am] BILLING CODE 6690–01–P FEDERAL MARITIME COMMISSION [Docket No. 12–02] mstockstill on DSK4VPTVN1PROD with NOTICES 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, hereinafter ‘‘Complainant’’ against the Port Authority of New York and New Jersey (PANYNJ), hereinafter ‘‘Respondent’’. 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, 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. Complainant contends that Respondent violated 46 U.S.C. 41102(c), 41106(2), 41106(3) and 41106(1) respectively, because Respondent: VerDate Mar<15>2010 16:27 Apr 11, 2012 Jkt 226001 (a) has and continues to fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing or delivery property; (b) gave and continues to give an undue or unreasonable prejudice or disadvantage with respect to Maher and gave and continues to give an undue or unreasonable preference or advantage with respect to Maersk, APM, MSC, PNCT, NYCT, and Global, and other marine container terminal operators and ocean carriers; (c) has and continues to unreasonably refuse to deal or negotiate with Maher; and (d) has and continues to agree with another marine terminal operator or common carrier to boycott and/or unreasonably discriminate in the provision of terminal services to a common carrier. Complainant asserts that it has sustained injuries and damages, as a result of Respondent’s actions, ‘‘including but not limited to higher costs and other undue and unreasonable payments, economic considerations, restrictions on transfers and/or changes in ownership or control interests, lost business, forgone business, and additional obligations not required of * * * other marine terminals and other damages amounting to a sum of millions of dollars* * *’’ The full text of the complaint can be found in the Commission’s Electronic Reading Room at www.fmc.gov. Complainant requests that the Commission require Respondent to: (1) Answer he 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 other marine terminal operators; (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 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 21981 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 April 8, 2013, and the final decision of the Commission shall be issued by August 6, 2013. Karen V. Gregory, Secretary. [FR Doc. 2012–8777 Filed 4–11–12; 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, 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 applications will also 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 May 7, 2012. A. Federal Reserve Bank of Boston (Richard Walker, Community Affairs Officer) 600 Atlantic Avenue, Boston, Massachusetts 02210–2204: 1. Coastway Bancorp, MHC and Coastway Bancorp, LLC, both in Cranston, Rhode Island; to become a mutual bank holding company and a stock bank holding company, respectively, by acquiring 100 percent of the voting shares of Coastway E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Page 21981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8777]


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FEDERAL MARITIME COMMISSION

[Docket No. 12-02]


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, hereinafter 
``Complainant'' against the Port Authority of New York and New Jersey 
(PANYNJ), hereinafter ``Respondent''. 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, 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.
    Complainant contends that Respondent violated 46 U.S.C. 41102(c), 
41106(2), 41106(3) and 41106(1) respectively, because Respondent:

    (a) has and continues to fail to establish, observe, and enforce 
just and reasonable regulations and practices relating to or 
connected with receiving, handling, storing or delivery property; 
(b) gave and continues to give an undue or unreasonable prejudice or 
disadvantage with respect to Maher and gave and continues to give an 
undue or unreasonable preference or advantage with respect to 
Maersk, APM, MSC, PNCT, NYCT, and Global, and other marine container 
terminal operators and ocean carriers; (c) has and continues to 
unreasonably refuse to deal or negotiate with Maher; and (d) has and 
continues to agree with another marine terminal operator or common 
carrier to boycott and/or unreasonably discriminate in the provision 
of terminal services to a common carrier.

    Complainant asserts that it has sustained injuries and damages, as 
a result of Respondent's actions, ``including but not limited to higher 
costs and other undue and unreasonable payments, economic 
considerations, restrictions on transfers and/or changes in ownership 
or control interests, lost business, forgone business, and additional 
obligations not required of * * * other marine terminals and other 
damages amounting to a sum of millions of dollars* * *'' The full text 
of the complaint can be found in the Commission's Electronic Reading 
Room at www.fmc.gov.
    Complainant requests that the Commission require Respondent to: (1) 
Answer he 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 other marine terminal 
operators; (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 April 8, 
2013, and the final decision of the Commission shall be issued by 
August 6, 2013.

Karen V. Gregory,
Secretary.
[FR Doc. 2012-8777 Filed 4-11-12; 8:45 am]
BILLING CODE 6730-01-P
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