Notice2023-10454
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
Primary source
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Published
May 17, 2023
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 88 Issue 95 (Wednesday, May 17, 2023)</title>
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[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Notices]
[Page 31506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www2.fmc.gov/readingroom/proceeding/22-35/">https://www2.fmc.gov/readingroom/proceeding/22-35/</a>.
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
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</html>Indexed from Federal Register on May 17, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.