Notice of Filing of Complaint and Assignment; 20230930-DK-Butterfly-1, Inc., Complainant v. MSC Mediterranean Shipping Company SA, Respondent, 83943 [2023-26472]

Download as PDF Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices • Approval of Minutes for November 9, 2023 • Quarterly Report on Economic Conditions and Farm Credit System Condition and Performance • Semiannual Report on Office of Examination Operations CONTACT PERSON FOR MORE INFORMATION: If you need more information or assistance for accessibility reasons, or have questions, contact Ashley Waldron, Secretary to the Board. Telephone: 703–883–4009. TTY: 703– 883–4056. Ashley Waldron, Secretary to the Board. [FR Doc. 2023–26530 Filed 11–29–23; 11:15 am] BILLING CODE 6705–01–P FEDERAL MARITIME COMMISSION [Docket No. 23–12] Notice of Filing of Complaint and Assignment; 20230930–DK–Butterfly– 1, Inc., Complainant v. MSC Mediterranean Shipping Company SA, Respondent lotter on DSK11XQN23PROD with NOTICES1 Served: November 28, 2023. Notice is given that a complaint has been filed with the Federal Maritime Commission (the ‘‘Commission’’) by 20230930–DK–Butterfly–1, Inc. (the ‘‘Complainant’’) against MSC Mediterranean Shipping Company SA (the ‘‘Respondent’’). Complainant states that the Commission has subject matter jurisdiction over the complaint pursuant to the Shipping Act of 1984, as amended, 46 U.S.C. 40101 et seq., and has personal jurisdiction over Respondent as an ‘‘ocean common carrier’’ that has entered into a ‘‘service contract’’, as these terms are defined in the Shipping Act at 46 U.S.C. 40102. Complainant is a corporation existing under the laws of New York with a mailing address in Union, New Jersey. Prior to filing a change of name certificate to its present name, the Complainant’s corporate name was Bed Bath & Beyond Inc. For the purposes of the allegations of the complaint, the Complainant was a ‘‘shipper’’ as this term is defined by 46 U.S.C. 40102(23). Complainant identifies Respondent MSC Mediterranean Shipping Company SA as a company existing under the laws of Switzerland with a principal place of business located in Geneva, Switzerland and as a vessel-operating ‘‘ocean common carrier’’ as this term is defined by 46 U.S.C. 40102(18). Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 41102(d), 41104(a)(2), 41104(a)(10) and 46 CFR VerDate Sep<11>2014 18:47 Nov 30, 2023 Jkt 262001 545.5 regarding a failure to establish, observe, and enforce just and reasonable practices relating to receiving, handling, storing, and delivering property; a failure to provide service in the liner trade that is in accordance with a service contract; an unreasonable refusal to deal or negotiate; and retaliation against a shipper. Complainant alleges these violations arose from a condition on performance requiring the payment of extracontractual prices and surcharges, such as peak season surcharges, and amendments or premium rate addenda to service contracts prior to full performance of its service commitments; a failure to allocate space as agreed upon and instead, allocating space to shippers willing to pay higher freight prices; an unreasonable assessment of demurrage and detention charges during periods of congestion and shortages of equipment at ports; and a refusal to accommodate requests for a full or partial refund of demurrage and detention charges. An answer to the complaint must be filed with the Commission within 25 days after the date of service. The full text of the complaint can be found in the Commission’s electronic Reading Room at https://www2.fmc.gov/ readingroom/proceeding/23-12/. This proceeding has been assigned to the Office of Administrative Law Judges. The initial decision of the presiding judge shall be issued by November 27, 2024, and the final decision of the Commission shall be issued by June 11, 2025. Alanna Beck, Federal Register Alternate Liaison Officer, Federal Maritime Commission. [FR Doc. 2023–26472 Filed 11–30–23; 8:45 am] BILLING CODE 6730–02–P 83943 other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board’s Freedom of Information Office at https://www.federalreserve.gov/foia/ request.htm. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551–0001, not later than January 2, 2024. A. Federal Reserve Bank of St. Louis (Holly A. Rieser, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166– 2034. Comments can also be sent electronically to Comments.applications@stls.frb.org: 1. Lincoln County Bancorp, Inc., Troy, Missouri; to acquire 28 percent of the voting shares of Kahoka State Bank, Kahoka, Missouri. Board of Governors of the Federal Reserve System. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2023–26478 Filed 11–30–23; 8:45 am] BILLING CODE 6210–01–P UNITED STATES AGENCY FOR GLOBAL MEDIA USAGM Performance Review Board Members United States Agency for Global Media. ACTION: Notice. AGENCY: 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 public portions of the applications listed below, as well as PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 The United States Agency for Global Media (USAGM) announces the members of its SES Performance Review Board (PRB). ADDRESSES: USAGM Office of Human Resources, 330 Independence Ave. SW, Washington, DC 20237. FOR FURTHER INFORMATION CONTACT: Ellona Fritschie, Senior Advisor, at efritschie@usagm.gov or (202) 920–2400. SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314, USAGM publishes this notice announcing the individuals who will serve as members of the PRB for a term of one year. The PRB is responsible for: (1) reviewing performance appraisals and ratings of SUMMARY: E:\FR\FM\01DEN1.SGM 01DEN1

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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26472]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-12]


Notice of Filing of Complaint and Assignment; 20230930-DK-
Butterfly-1, Inc., Complainant v. MSC Mediterranean Shipping Company 
SA, Respondent

Served: November 28, 2023.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by 20230930-DK-Butterfly-1, 
Inc. (the ``Complainant'') against MSC Mediterranean Shipping Company 
SA (the ``Respondent''). Complainant states that the Commission has 
subject matter jurisdiction over the complaint pursuant to the Shipping 
Act of 1984, as amended, 46 U.S.C. 40101 et seq., and has personal 
jurisdiction over Respondent as an ``ocean common carrier'' that has 
entered into a ``service contract'', as these terms are defined in the 
Shipping Act at 46 U.S.C. 40102.
    Complainant is a corporation existing under the laws of New York 
with a mailing address in Union, New Jersey. Prior to filing a change 
of name certificate to its present name, the Complainant's corporate 
name was Bed Bath & Beyond Inc. For the purposes of the allegations of 
the complaint, the Complainant was a ``shipper'' as this term is 
defined by 46 U.S.C. 40102(23). Complainant identifies Respondent MSC 
Mediterranean Shipping Company SA as a company existing under the laws 
of Switzerland with a principal place of business located in Geneva, 
Switzerland and as a vessel-operating ``ocean common carrier'' as this 
term is defined by 46 U.S.C. 40102(18).
    Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 
41102(d), 41104(a)(2), 41104(a)(10) and 46 CFR 545.5 regarding a 
failure to establish, observe, and enforce just and reasonable 
practices relating to receiving, handling, storing, and delivering 
property; a failure to provide service in the liner trade that is in 
accordance with a service contract; an unreasonable refusal to deal or 
negotiate; and retaliation against a shipper. Complainant alleges these 
violations arose from a condition on performance requiring the payment 
of extracontractual prices and surcharges, such as peak season 
surcharges, and amendments or premium rate addenda to service contracts 
prior to full performance of its service commitments; a failure to 
allocate space as agreed upon and instead, allocating space to shippers 
willing to pay higher freight prices; an unreasonable assessment of 
demurrage and detention charges during periods of congestion and 
shortages of equipment at ports; and a refusal to accommodate requests 
for a full or partial refund of demurrage and detention charges.
    An answer to the complaint must be filed with the Commission within 
25 days after the date of service.
    The full text of the complaint can be found in the Commission's 
electronic Reading Room at https://www2.fmc.gov/readingroom/proceeding/23-12/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by November 27, 2024, and the final decision of the 
Commission shall be issued by June 11, 2025.

Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime 
Commission.
[FR Doc. 2023-26472 Filed 11-30-23; 8:45 am]
BILLING CODE 6730-02-P
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