[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46485-46486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16268]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-01]


APM Terminals North America, Inc. v. The Port Authority of New 
York and New Jersey; The Port Authority of New York and New Jersey v. 
Maher Terminals LLC; Notice of Filing of Third-Party Complaint

    Notice is given that a Third-Party Complaint has been filed with 
the Federal Maritime Commission by the Port Authority of New York and 
New Jersey (``PANYNJ'' or ``Third-Party Complainant'') against Maher 
Terminals LLC (``Maher'' or ``Third-Party Respondent''), a Marine 
Terminal Operator, in this proceeding noticed on January 17, 2007 (46 
FR 1997). The Third-Party Complainant here, PANYNJ, is respondent in 
this proceeding in which APM Terminals North American, Inc. (``APM'' or 
``Complainant'') asserts that PANYNJ has violated the Shipping Act of 
1984 by failing to turnover a certain land parcel to APM. PANYNJ 
asserts that Maher is liable to it if PANYNJ is liable to APM.
    Specifically, PANYNJ asserts that Maher violated section 10(a)(3) 
of the Shipping Act (46 U.S.C. 41102(b)(2)) by failing to vacate 
certain lease premises as required by Lease EP-249 between PANYNJ and 
Maher. PANYNJ alleges that it was unable to meet its obligations to 
turn over marine terminal land designated in a lease it had with APM as 
a direct result of Third-Party Respondent's refusal to turn this land 
over as specified under the terms of its separate Lease EP-249. The 
Third-Party Complainant further alleges that section 249 of Lease EP-
249 between it and the Third-Party Respondent, specifically required 
Third-Party Respondent to turn over this land so that it could be 
delivered to AMP. The Third-Party Complainant further contends that 
Lease EP-249 required Maher: (1) To indemnify and hold harmless the 
Third-Party Complainant for any damages resulting from the Third-Party 
Respondent's failure to turn over the Added Premises in a timely manner 
and (2) to defend PANYNJ at Maher's sole expense for any claim arising 
out of its terminal operation. PANYNJ also contends that ``any fair 
reading of eases EP-248 and EP-249 which were negotiated and entered 
into almost simultaneously reveals that the parties well knew that the 
Added Premises, then occupied by Maher, might not be handed over to AMP 
by December 31, 2007 * * * and that the eases contained provisions as 
to available remedies should that transfer not occur on time.''
    The PANYNJ prays that Maher be required to answer the changes in 
this Third-Party Complaint and that after appropriate process and 
procedure, Maher be order to pay reparation to PANYNJ in the amount of 
any damages and costs due to AMP as the result of the failure of PANYNJ 
to timely deliver the Added Premises and pursuant to 46 U.S.C. 41305(c) 
twice the amount of the reasonable fees, costs, and expenses

[[Page 46486]]

incurred by PANYNJ in defending the AMP action.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E7-16268 Filed 8-17-07; 8:45 am]
BILLING CODE 6730-01-P