[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Page 31506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10454]


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FEDERAL MARITIME COMMISSION

[Docket No. 22-35]


M.E. Dey & Co., Inc. Complainant v. Hapag-Lloyd AG, and Hapag-
Lloyd (America) LLC, Respondents and Third-Party Complaints v. CSX 
Transportation, Inc. Third-Party Respondent; Notice of Filing of Third-
Party Complaint

    Notice is given that a Third-Party Complaint has been filed with 
the Federal Maritime Commission (``Commission'') by Hapag-Lloyd AG and 
Hapag-Lloyd (America) LLC (``Respondents and ``Third-Party 
Complainants'') against CSX Transportation, Inc. (``CSX 
Transportation'' or ``Third-Party Respondent'') in Docket 22-35. The 
Third-Party Complaint identifies Complainant M.E. Dey & Co. as a non-
vessel-operating common carrier organized and existing under the laws 
of Wisconsin with a principal place of business in Milwaukee, 
Wisconsin, and Third-Party Complainants Hapag-Lloyd AG as a global 
ocean carrier with headquarters in Hamburg, Germany, and Hapag-Lloyd 
(America) LLC as a United States subsidiary and agent of Hapag AG 
located in Atlanta, Georgia. In addition, the Third-Party Complaint 
identifies CSX Transportation as a rail and intermodal transportation 
carrier with a headquarters in Jacksonville, Florida.
    Third-Party Complainants allege that, as a result of Third-Party 
Respondent's assessment, billing, and collection of the storage charges 
at issue in the Initial Complaint, Third-Party Complainants have been 
sued by Complainant for violations of the Shipping Act and the Ocean 
Shipping Reform Act of 2022. In addition, Third-Party Complainants 
allege that, because the charges in question were assessed, billed, and 
collected solely by CSX Transportation without prior notice to or 
approval of Third-Party Complainants, in the event that Third-Party 
Complainants are found to be in violation of 46 U.S.C. 41102(c) and/or 
46 U.S.C. 41104(a)(14), CSX Transportation is likewise in violation of 
46 U.S.C. 41102(c) and/or or 46 U.S.C. 41104(a)(14) and is liable to 
Third-Party Complainants for whatever reparations and other relief 
Third-Party Complainants may be ordered to pay to Complainant. An 
answer to the Third-Party Complaint is due to be filed with the 
Commission within twenty-five (25) days after the date of service. The 
full text of the Third-Party Complaint can be found in the Commission's 
Electronic Reading Room at https://www2.fmc.gov/readingroom/proceeding/22-35/.
    This proceeding has been assigned to Office of Administrative Law 
Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by December 26, 2023, and the final decision 
of the Commission shall be issued by July 10, 2024.

    Served: May 11, 2023.
William Cody,
Secretary.
[FR Doc. 2023-10454 Filed 5-16-23; 8:45 am]
BILLING CODE 6730-02-P