Notice of Filing of Complaint and Assignment; 20230930-DK-BUTTERFLY-1, Inc. F/K/A Bed Bath & Beyond Inc., Complainant, v. Evergreen Line Joint Service Agreement (FMC #011982) Consisting of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Ltd., Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen Marine (Singapore) Pte. Ltd., Respondents, 14495-14496 [2024-03962]

Download as PDF Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices times a year. The first meeting will be described in a Public Notice issued and published in the Federal Register at least fifteen (15) days prior to the first meeting date. In addition, as needed, working groups or subcommittees (ad hoc or steering) will be established to facilitate the Committee’s work between meetings of the full Council. Meetings of the Council will be fully accessible to individuals with disabilities. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2024–03958 Filed 2–26–24; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. FMC–2024–0005] Controlled Carriers Under the Shipping Act of 1984 Federal Maritime Commission. Notice. AGENCY: ACTION: The Federal Maritime Commission is publishing an updated list of controlled carriers, i.e., ocean common carriers operating in U.S.foreign trades that are, or whose operating assets are, directly or indirectly owned or controlled by foreign governments. Such carriers are subject to increased regulatory oversight by the Commission. FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 523– 5725; Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is updating the list of controlled carriers to add an entity that qualifies as a controlled carrier, and to remove an entity that no longer qualifies as a controlled carrier. The Shipping Act of 1984, as amended (Shipping Act), defines a ‘‘controlled carrier’’ as an ocean common carrier that is, or whose operating assets are, directly or indirectly owned or controlled by a government. 46 U.S.C. 40102(9). Ownership or control by a government is deemed to exist for a carrier if (1) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government, or (2) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier. Id.; 46 CFR 565.2(a). As required by the Shipping Act, controlled carriers are subject to lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:53 Feb 26, 2024 Jkt 262001 enhanced oversight by the Commission. For example, 46 U.S.C. 40701(b) provides that the Commission may, after providing notice and opportunity for a hearing, prohibit the publication or use of a rate, charge, classification, rule, or regulation that a controlled carrier has failed to demonstrate is just and reasonable. See 46 U.S.C. 40701(b). In addition, 46 U.S.C. 40502(f) provides that in an action for a breach of a service contract, the dispute resolution forum cannot in any way be controlled by or affiliated with a controlled carrier or by the government that owns or controls the carrier. See 46 U.S.C. 40502(f). Congress enacted these protections to ensure that controlled carriers, whose marketplace decision making can be influenced by foreign governmental priorities or by their access to nonmarket sources of capital, do not engage in unreasonable below-market pricing practices which could disrupt trade or harm privately-owned shipping companies. The controlled carrier list is not a comprehensive list of foreign-owned or controlled ships or ship owners; rather, it is only a list of ocean common carriers that are controlled by governments. See 46 U.S.C. 40102(9). Thus, tramp operators and other non-common carriers are not included, nor are nonvessel-operating common carriers, regardless of their ownership or control. The controlled carrier list was last updated on April 30, 2019. See 84 FR 18284. This notice revises the list to add Hede (HONGKONG) International Shipping Limited as a controlled carrier. This notice also revises the list to reflect that COSCO Shipping Lines (Europe) GmbH is no longer providing common carriage in the United States trades and is therefore no longer a controlled carrier. There are no changes to report with respect to the remaining controlled carriers. It is requested that any other information regarding possible omissions or inaccuracies in this list be provided to the Commission’s Office of the General Counsel at generalcounsel@ fmc.gov. See 46 CFR 501.12. The amended list of currently classified controlled carriers and their corresponding Commission-issued Registered Persons Index numbers is set forth below: (1) COSCO SHIPPING Lines Co., Ltd. (RPI No. 015614)—People’s Republic of China; (2) Orient Overseas Container Line Limited (RPI No. 011398)—People’s Republic of China; (3) OOCL (Europe) Limited (RPI No. 024786)—People’s Republic of China; PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 14495 (4) Hede (HONGKONG) International Shipping Limited (RPI No. 033332)— People’s Republic of China. By the Commission. David Eng, Secretary. [FR Doc. 2024–03990 Filed 2–26–24; 8:45 am] BILLING CODE 6730–02–P FEDERAL MARITIME COMMISSION [Docket No. 24–12] Notice of Filing of Complaint and Assignment; 20230930–DK– BUTTERFLY–1, Inc. F/K/A Bed Bath & Beyond Inc., Complainant, v. Evergreen Line Joint Service Agreement (FMC #011982) Consisting of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Ltd., Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen Marine (Singapore) Pte. Ltd., Respondents Served: February 21, 2024. Notice is given that a complaint has been filed with the Federal Maritime Commission (the ‘‘Commission’’) by 20230930–DK–BUTTERFLY–1, Inc. formerly known as Bed Bath & Beyond Inc. (the ‘‘Complainant’’) against Evergreen Line Joint Service Agreement (FMC #011982) consisting of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited, Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen Marine (Singapore) Pte. Ltd. (the ‘‘Respondents’’). Complainant states that the Commission has subject matter jurisdiction over the complaint pursuant to 46 U.S.C. 41301 through 41309 and personal jurisdiction over the Respondents as each is an ‘‘ocean common carrier,’’ as this term is defined by 46 U.S.C. 40102(18), that has entered into a ‘‘service contract,’’ as this term is defined by 46 U.S.C. 40102(21), with the Complainant. Complainant is a corporation existing under the laws of New York that was formerly known as Bed Bath & Beyond Inc. and a ‘‘shipper,’’ as this term is defined by 46 U.S.C. 40102(23), for the purposes of the allegations of the complaint. Complainant identifies Respondent Evergreen Line Joint Service Agreement (FMC #011982) as a vessel-operating ocean common carrier consisting of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited, Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., Evergreen Marine (Singapore) Pte. Ltd., and Evergreen Marine (Asia) Pte. Ltd. E:\FR\FM\27FEN1.SGM 27FEN1 lotter on DSK11XQN23PROD with NOTICES1 14496 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices Complainant identifies Respondent Evergreen Marine Corp. (Taiwan) Ltd. as a company existing under the laws of Taiwan with a principal place of business in Taipei City and as a vesseloperating ocean common carrier. Complainant identifies Respondent Evergreen Marine (UK) Limited as a company existing under the laws of the United Kingdom with a principal place of business located in London, England and as a vessel-operating ocean common carrier. Complainant identifies Respondent Italia Marittima SpA as a company existing under the laws of Italy with a principal place of business in Trieste, Italy and as a vessel-operating ocean common carrier. Complainant identifies Respondent Evergreen Marine (Hong Kong) Ltd. as a company existing under the laws of Hong Kong with a principal place of business in Wan Chai, Hong Kong and as a vessel-operating ocean common carrier. Complainant identifies Respondent Evergreen Marine (Singapore) Pte. Ltd. as a company existing under the laws of Singapore with a principal place of business in Southpoint, Singapore and as a vessel-operating ocean common carrier. Complainant alleges that Respondents violated 46 U.S.C. 41102(c), 41104(a)(2), and 41104(a)(10) and 46 CFR 545.5. Complainant alleges these violations arose from a practice of systematically failing to meet service commitments, a requirement that extracontractual surcharges be paid prior to performance of service commitments, and an unreasonable assessment of demurrage and detention charges and the acts or omissions of the Respondents that led to this assessment. 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/24-11/. This proceeding has been assigned to the Office of Administrative Law Judges. The initial decision of the presiding judge shall be issued by February 21, 2025, and the final decision of the Commission shall be issued by September 5, 2025. FEDERAL RESERVE SYSTEM David Eng, Secretary. Formations of, Acquisitions by, and Mergers of Bank Holding Companies [FR Doc. 2024–03962 Filed 2–26–24; 8:45 am] The companies listed in this notice have applied to the Board for approval, BILLING CODE 6730–02–P VerDate Sep<11>2014 16:53 Feb 26, 2024 Jkt 262001 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 (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 the applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The public portions of the applications listed below, as well as 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 paragraph 7 of the Act. 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 March 13, 2024. A. Federal Reserve Bank of Dallas (Karen Smith, Director, Mergers & Acquisitions) 2200 N Pearl Street, Dallas, Texas 75201–2272. Comments can also be sent electronically to Comments.applications@dal.frb.org: 1. Deborah Ann Abbott, Sumner, Texas, and William Chance Abbott, Paris, Texas, each individually and together as a group acting in concert; to retain voting shares of Texas Peoples National Bancshares, Inc., and thereby indirectly retain voting shares of Peoples Bank, both of Paris, Texas. Board of Governors of the Federal Reserve System. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2024–04022 Filed 2–26–24; 8:45 am] BILLING CODE P FEDERAL RESERVE SYSTEM PO 00000 Frm 00067 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 public portions of the applications listed below, as well as 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 March 28, 2024. A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690–1414. Comments can also be sent electronically to Comments.applications@chi.frb.org: 1. Bancorp of New Glarus, Inc., New Glarus, Wisconsin (Bancorp); to acquire First National Bank at Darlington, Darlington, Wisconsin (FNBD), through the merger of a newly formed subsidiary of Bancorp, Darlington Interim Bank, New Glarus, Wisconsin, with and into FNBD. B. Federal Reserve Bank of San Francisco (Joseph Cuenco, Assistant Vice President) Formations, Transactions & Enforcement, 101 Market Street, San Francisco, California 94105– 1579. Comments can also be sent electronically to: sf.fisc.comments.applications@ sf.frb.org: 1. Redemption Holding Company, Salt Lake City, Utah; to become a bank holding company by acquiring Holladay Bank and Trust, Salt Lake City, Utah. E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14495-14496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03962]


-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 24-12]


Notice of Filing of Complaint and Assignment; 20230930-DK-
BUTTERFLY-1, Inc. F/K/A Bed Bath & Beyond Inc., Complainant, v. 
Evergreen Line Joint Service Agreement (FMC #011982) Consisting of 
Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Ltd., 
Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen 
Marine (Singapore) Pte. Ltd., Respondents

Served: February 21, 2024.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by 20230930-DK-BUTTERFLY-1, 
Inc. formerly known as Bed Bath & Beyond Inc. (the ``Complainant'') 
against Evergreen Line Joint Service Agreement (FMC #011982) consisting 
of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited, 
Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen 
Marine (Singapore) Pte. Ltd. (the ``Respondents''). Complainant states 
that the Commission has subject matter jurisdiction over the complaint 
pursuant to 46 U.S.C. 41301 through 41309 and personal jurisdiction 
over the Respondents as each is an ``ocean common carrier,'' as this 
term is defined by 46 U.S.C. 40102(18), that has entered into a 
``service contract,'' as this term is defined by 46 U.S.C. 40102(21), 
with the Complainant.
    Complainant is a corporation existing under the laws of New York 
that was formerly known as Bed Bath & Beyond Inc. and a ``shipper,'' as 
this term is defined by 46 U.S.C. 40102(23), for the purposes of the 
allegations of the complaint.
    Complainant identifies Respondent Evergreen Line Joint Service 
Agreement (FMC #011982) as a vessel-operating ocean common carrier 
consisting of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine 
(UK) Limited, Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., 
Evergreen Marine (Singapore) Pte. Ltd., and Evergreen Marine (Asia) 
Pte. Ltd.

[[Page 14496]]

    Complainant identifies Respondent Evergreen Marine Corp. (Taiwan) 
Ltd. as a company existing under the laws of Taiwan with a principal 
place of business in Taipei City and as a vessel-operating ocean common 
carrier.
    Complainant identifies Respondent Evergreen Marine (UK) Limited as 
a company existing under the laws of the United Kingdom with a 
principal place of business located in London, England and as a vessel-
operating ocean common carrier.
    Complainant identifies Respondent Italia Marittima SpA as a company 
existing under the laws of Italy with a principal place of business in 
Trieste, Italy and as a vessel-operating ocean common carrier.
    Complainant identifies Respondent Evergreen Marine (Hong Kong) Ltd. 
as a company existing under the laws of Hong Kong with a principal 
place of business in Wan Chai, Hong Kong and as a vessel-operating 
ocean common carrier.
    Complainant identifies Respondent Evergreen Marine (Singapore) Pte. 
Ltd. as a company existing under the laws of Singapore with a principal 
place of business in Southpoint, Singapore and as a vessel-operating 
ocean common carrier.
    Complainant alleges that Respondents violated 46 U.S.C. 41102(c), 
41104(a)(2), and 41104(a)(10) and 46 CFR 545.5. Complainant alleges 
these violations arose from a practice of systematically failing to 
meet service commitments, a requirement that extracontractual 
surcharges be paid prior to performance of service commitments, and an 
unreasonable assessment of demurrage and detention charges and the acts 
or omissions of the Respondents that led to this assessment.
    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/24-11/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by February 21, 2025, and the final decision of the 
Commission shall be issued by September 5, 2025.

David Eng,
Secretary.
[FR Doc. 2024-03962 Filed 2-26-24; 8:45 am]
BILLING CODE 6730-02-P
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