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Commitments, Guarantees and Contingencies:
9 Months Ended
Sep. 30, 2012
Commitments, Guarantees and Contingencies:  
Commitments, Guarantees and Contingencies:

(3)         Commitments, Guarantees and Contingencies:  Commitments and financial arrangements at September 30, 2012, included the following (in millions):

 

Standby letters of credit (a)

 

$

7.0

 

Performance and customs bonds (b)

 

$

14.2

 

Benefit plan withdrawal obligations (c)

 

$

91.3

 

 

These amounts are not recorded on the Company’s Condensed Consolidated Balance Sheet and it is not expected that the Company or its subsidiaries will be called upon to advance funds under these commitments.

 

 

(a)         Includes approximately $4.8 million in letters of credit, which enable the Company to qualify as a self-insurer for state and federal workers’ compensation liabilities, and approximately $2.2 million in letters of credit used to support various credit enhancement needs.

 

(b)         Consists of approximately $13.0 million in U.S. Customs bonds, and approximately $1.2 million related to transportation and other matters.

 

(c)          Represents the withdrawal liabilities as of the most recent valuation dates for multiemployer pension plans, in which Matson is a participant. Management has no present intention of withdrawing from, and does not anticipate the termination of, any of the aforementioned plans.

 

Legal Proceedings and Other Contingencies:  On April 21, 2008, Matson was served with a grand jury subpoena from the U.S. District Court for the Middle District of Florida for documents and information relating to water carriage in connection with the Department of Justice’s investigation into the pricing and other competitive practices of carriers operating in the domestic trades.  Matson understands that while the investigation originally was focused on the Puerto Rico trade, it also includes pricing and other competitive practices in all domestic trades, including the Alaska, Hawaii and Guam trades.  Matson does not operate vessels in the Puerto Rico and Alaska trades.  It does operate vessels in the Hawaii and Guam trades.  Matson has cooperated, and will continue to cooperate, fully with the Department of Justice.  If the Department of Justice believes that any violations have occurred on the part of Matson, it could seek civil or criminal sanctions, including monetary fines. Matson does not believe that it has committed a violation, and consequently is unable to estimate any possible loss at this time.

 

Matson and its subsidiaries are parties to, or may be contingently liable in connection with, other legal actions arising in the normal conduct of their businesses, the outcomes of which, in the opinion of management after consultation with counsel, would not have a material effect on Matson’s consolidated financial statements.

 

The Company’s vessel operations are subject to various federal, state and local environmental laws and regulations, including, but not limited to, the Oil Pollution Act of 1990, the Comprehensive Environmental Response Compensation & Liability Act of 1980, the Clean Water Act, the Invasive Species Act and the Clean Air Act.  At various times, bills related to environmental matters have been introduced in the U.S. Congress.  Matson does not believe that it has committed a material violation, and consequently is unable to estimate any possible loss at this time.