[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Page 63575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20037]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-05]


Rahal International Inc., Complainant v. Hapag-Lloyd AG, Hapag-
Lloyd (America), LLC, and Hapag-Lloyd USA, LLC, Respondents and Third-
Party Complainants v. Maher Terminals, LLC, GCT New York LP, and GCT 
Bayonne PL, Third-Party Respondents; Notice of Filing of Third-Party 
Complaint

Served: September 8, 2023.
    Notice is given that a third-party complaint has been filed with 
the Federal Maritime Commission (the ``Commission'') by Hapag-Lloyd AG, 
Hapag-Lloyd (America), LLC, and Hapag-Lloyd USA, LLC (collectively, the 
``Third-Party Complainants'') against Maher Terminals, LLC, GCT New 
York LP, and GCT Bayonne PL (collectively, the ``Third-Party 
Respondents'') in Docket No. 23-05. Third-Party Complainants state that 
the Commission has subject-matter jurisdiction over the third-party 
complaint under the Shipping Act of 1984, as amended, 46 U.S.C. 40101 
et seq. (the ``Shipping Act''), 46 CFR 502.12, and 46 CFR 502.62(b)(4), 
and further state that the Commission has personal jurisdiction over 
the Third-Party Respondents due to an alleged violation of the Shipping 
Act and the third-party claims arising out of a common nucleus of 
operative facts as those against Hapag-Lloyd AG, Hapag-Lloyd (America), 
LLC, and Hapag-Lloyd USA, LLC.
    Complainant Rahal International Inc. is an independent importer and 
broker of high-quality fruit juices, concentrates, and purees in the 
United States, and is organized and existing under the laws of the 
state of Delaware with a principal place of business in Oak Brook, 
Illinois.
    Respondent and Third-Party Complainant Hapag-Lloyd AG is a global 
ocean carrier company based in Hamburg, Germany.
    Respondent and Third-Party Complainant Hapag-Lloyd (America), LLC 
is a United States subsidiary and agent of Hapag-Lloyd AG with its 
office located in Atlanta, Georgia.
    Respondent and Third-Party Complainant Hapag-Lloyd USA, LLC is a 
United States subsidiary and agent of Hapag-Lloyd AG with its office 
located in Atlanta, Georgia.
    Third-Party Complainants identify Third-Party Respondent Maher 
Terminals, LLC as a marine terminal operator located in Elizabeth, New 
Jersey. Third-Party Complainants identify Third-Party Respondents GCT 
New York LP and GCT Bayonne LP as a marine terminal operator located in 
Staten Island, New York.
    Third-Party Complainants allege that Third-Party Respondents 
violated 46 U.S.C. 41102(c) regarding a failure to establish, observe, 
and enforce just and reasonable regulations and practices related to or 
connected with receiving, handling, storing, or delivering property. 
Third-Party Complainants allege this violation arose from Third-Party 
Respondents' full control and operation of the containers and their 
assessment, billing, and collection of the charges at issue in 
Complainant Rahal International Inc.'s Verified Complaint (the 
``Verified Complaint''), and seek, in the event that the Commission 
finds Third-Party Complainants liable under the Verified Complaint, an 
order requiring Third-Party Respondents to pay for all damages assessed 
as a result of the Verified Complaint, along with attorneys' fees.
    An answer to the third-party complaint must 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 https://www2.fmc.gov/readingroom/proceeding/23-05/. This proceeding is assigned to the 
Office of Administrative Law Judges. The initial decision of the 
presiding judge shall be issued by July 1, 2024, and the final decision 
of the Commission shall be issued by January 15, 2025.

Jason Guthrie,
Federal Register Alternate Liaison Officer, Federal Maritime 
Commission.
[FR Doc. 2023-20037 Filed 9-14-23; 8:45 am]
BILLING CODE 6730-02-P