[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Notices]
[Pages 3654-3655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01008]


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FEDERAL MARITIME COMMISSION

[Docket No. 24-04]


ICL USA, Inc., Complainant v. Dependable Highway Express, Inc. 
and Mediterranean Shipping Company, (USA) INC., on Behalf Of 
Mediterranean Shipping Company, S.A., Respondents

Served: January 12, 2024.

Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by ICL

[[Page 3655]]

USA, Inc. (the ``Complainant'') against Dependable Highway Express, 
Inc. (``DHE'') and Mediterranean Shipping Company, (USA) Inc., on 
behalf of Mediterranean Shipping Company, S.A. (``MSC''). Complainant 
states that the Commission has subject matter jurisdiction over the 
complaint under the Shipping Act of 1998, as amended, 46 U.S.C. 40101 
et seq. Complainant states that the Commission has personal 
jurisdiction over Respondent DHE as a party for the purposes of this 
proceeding when it acted directly or indirectly in conjunction with 
Respondent MSC in some instances and personal jurisdiction over 
Respondent MSC as an ocean common carrier as this term is defined at 46 
U.S.C. 40102(18).
    Complainant ICL USA, Inc. is a corporation organized and existing 
under the laws of the New York with its principal place of business in 
Rosedale, New York and acts as a destination agent in the United States 
for various affiliated Commission registered non-vessel-operating 
common carriers.
    Complainant identifies Respondent DHE as a corporation organized 
and existing under the laws of California with a principal place of 
business in Los Angeles, California and as a Federal Motor Carrier 
Safety Administration motor carrier.
    Complainant identified Respondent MSC as an entity headquartered in 
Geneva, Switzerland with an agent in the United States located in New 
York and as a vessel-operating common carrier.
    Complainant alleges that the Respondents violated 46 U.S.C. 
41104(a)(2)(A) and 41102(c) and 46 CFR 545.5, because Respondent DHE 
acted directly or indirectly in conjunction with Respondent MSC to 
assess unauthorized per diem related charges, including Admin Fees.
    An answer to the complaint must be filed with the Commission within 
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/24-04/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by January 13, 2025, and the final decision of the 
Commission shall be issued by July 28, 2025.

Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime 
Commission.
[FR Doc. 2024-01008 Filed 1-18-24; 8:45 am]
BILLING CODE 6730-02-P