[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Page 43349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14293]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-05]


Rahal International, Inc., Complainant v. Hapag-Lloyd AG, Hapag-
Lloyd (America) LLC, Hapag-Lloyd USA, LLC, Respondents; Notice of 
Filing of Complaint and Assignment

Served: June 30, 2023.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (hereinafter ``Commission'') by Rahal 
International, Inc. (hereinafter ``Complainant'') against Hapag-Lloyd 
AG, Hapag-Lloyd (America), LLC, and Hapag-Lloyd USA, LLC (hereinafter 
collectively referred to as ``Respondents''). Complainant states that 
it is an independent importer and broker and corporation duly organized 
under the laws of Delaware with a principal place of business in 
Illinois. Complainant identifies Hapag-Lloyd AG as a global ocean 
common carrier based in Germany with a principal place of business in 
Germany. Complainant identifies Hapag-Lloyd (America), LLC as a United 
States limited liability company and agent and subsidiary of Hapag-
Lloyd AG with its principal office located in Georgia. Complainant 
identifies Hapag-Lloyd USA, LLC as a United States limited liability 
company, ocean common carrier/common carrier, and agent and subsidiary 
of Hapag-Lloyd AG with its principal office located in New Jersey.
    Complainant alleges that Respondents violated the Shipping Act of 
1984, as amended, 46 U.S.C. 40101 to 46108, specifically including that 
Respondents violated 46 U.S.C. 41102(c), 41104(a)(2)(A), 41104(a)(14), 
41104(a)(15), 41104(d) and part 545 of title 46, Code of Federal 
Regulations regarding a failure to establish, observe, and enforce just 
and reasonable regulations and practices relating to or connected with 
receiving, handling, storing or delivering Complainant's property, the 
assessment of excessive charges, inconsistent and/or noncompliant 
charges, and noncompliant demurrage or detention charges. The 
Complainant alleges these violations arose from Respondents failure to 
provide adequate facilities for the return of empty containers while 
continuing to accept business and charge excessive ocean freight fees 
with knowledge of the lack of facilities and without providing 
alternatives, as well as, resulting logistical paralysis that precluded 
Complainant from its retrieval of loaded containers.
    An answer to the complaint is due to be filed with the Commission 
within twenty-five (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/23-05/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
in this proceeding shall be issued by July 1, 2024, and the final 
decision of the Commission shall be issued by January 15, 2025.

William Cody,
Secretary.
[FR Doc. 2023-14293 Filed 7-6-23; 8:45 am]
BILLING CODE 6730-02-P