Notice2023-28865
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
Primary source
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Published
January 3, 2024
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 89 Issue 2 (Wednesday, January 3, 2024)</title>
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[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Page 377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www2.fmc.gov/readingroom/proceeding/23-11/">https://www2.fmc.gov/readingroom/proceeding/23-11/</a>. 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
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</html>Indexed from Federal Register on January 3, 2024.
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