[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Page 377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28865]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-11]


Bal Container Line Co., Limited, Complainant v. SA Terminals 
(Pier A), LLC; and SSA Containers, Inc., Respondents; Notice of Filing 
of Amended Complaint and Assignment

Served: December 27, 2023.
    Notice is given that an amended complaint has been filed with the 
Federal Maritime Commission (the ``Commission'') by Bal Container Line 
Co., Limited (the ``Complainant'') against SSA Marine Terminal; SSA 
Terminals (Pier A), LLC; and SSA Containers, Inc. (the 
``Respondents''). Complainant states that the Commission has 
jurisdiction over the amended complaint under the Shipping Act of 1984, 
as amended, 46 U.S.C. 40101 et seq., and jurisdiction over the 
Respondents as a ``marine terminal operator'' within the meaning of the 
Shipping Act at 46 U.S.C. 40102(15).
    Complainant is an entity with a principal place of business in Hong 
Kong and a vessel-operating common carrier.
    Complainant identifies Respondent SSA Marine Terminal as a Delaware 
limited liability company with a principal place of business in 
Seattle, Washington.
    Complainant identifies Respondent SSA Terminals (Pier A), LLC as a 
Delaware limited liability company with a principal place of business 
in Seattle, Washington.
    Complainant identifies Respondent SSA Containers, Inc. as a 
Washington corporation with a principal place of business in Seattle, 
Washington.
    Complainant alleges that Respondents violated 46 U.S.C. 41102(c) 
and 46 CFR part 545 regarding a failure to establish, observe, and 
enforce just and reasonable regulations and practices relating to or 
connected with receiving, handling, storing, or delivering property. 
Complainant alleges these violations arose from an assessment of a flat 
rate congestion surcharge without stating the purpose of the surcharge, 
the triggering event, the ending date or an event that would end the 
surcharge, how the surcharge would help alleviate congestion, or any 
other relevant required information; a continued assessment of 
congestion surcharges while containers were placed in inaccessible 
terminal areas or the ability to pick up the containers was constrained 
due to circumstances outside the Complainant's control; and a seizure 
of eighteen containers, money owed to Complainant, and demurrage fees 
collected on Complainant's behalf until payment of the congestion 
surcharges.
    An answer to the amended complaint must be filed with the 
Commission within 25 days after the date of service.
    The full text of the amended complaint can be found in the 
Commission's electronic Reading Room at https://www2.fmc.gov/readingroom/proceeding/23-11/. This proceeding has been assigned to the 
Office of Administrative Law Judges. The initial decision of the 
presiding judge shall be issued by October 21, 2024, and the final 
decision of the Commission shall be issued by May 5, 2025.

Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime 
Commission.
[FR Doc. 2023-28865 Filed 1-2-24; 8:45 am]
BILLING CODE 6730-02-P