[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6612]


[[Page Unknown]]

[Federal Register: March 22, 1994]


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FEDERAL MARITIME COMMISSION

46 CFR Part 530

[Docket No. 92-29]

 

Truck Detention at the Port of New York

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is removing its rule governing 
truck detention at the Port of New York. The rule has been suspended 
for a year and during that period no party has presented any factual 
support for its retention. The Commission concludes that current 
conditions at the Port render the regulation unnecessary.

EFFECTIVE DATE: April 21, 1994.

FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Director, Bureau 
of Tariffs, Certification and Licensing, Federal Maritime Commission, 
Washington, DC 20573, (202) 523-5796.

SUPPLEMENTARY INFORMATION: Title 46 CFR part 530 (formerly part 551) of 
the Commission's rules was promulgated in 1975 in an effort to 
ameliorate congestion and delays at the Port of New York associated 
with the interchange of freight between ocean and motor carriers. The 
Commission in 1992, as part of a comprehensive review of its 
regulations, sought comment on the continuing need for this rule, 
through a Notice of Inquiry published June 5, 1992; 57 FR 24006. After 
review of comments submitted the Commission proposed the removal of 
part 530 in a notice of Proposed Rulemaking (``NPR'') published October 
14, 1992; 57 FR 47025.
    Only the New Jersey Motor Truck Association (``Association'') 
submitted comments in response to the NPR, claiming a continuing need 
for the rule. The Commission was not persuaded by these comments 
because the Association had neither offered specific examples of 
benefits of the rule nor provided an explanation of any unique 
circumstances at the Port of New York which would require special 
regulation. In view of the Association's concerns, however, the 
Commission by notice published February 23, 1993; 58 FR 10983, 
indefinitely suspended 46 CFR part 530. The Commission stated that it 
intended to review the matter after a year's experience without the 
rule and invited interested parties to comment within the year on 
whether the rule should be retained or removed. The Commission 
cautioned that comments should include detailed factual support for the 
position being espoused and not merely state a preferred disposition of 
the matter.
    A year now has passed and only one comment has been submitted. That 
comment, submitted in the form of a short letter from counsel for the 
Association, urges reinstatement of the rule. Allegedly, the conditions 
have not substantially changed since the rule was adopted and that 
without the rule ``the flow of import and export shipments would be 
adversely affected.''
    Inasmuch as a single general comment has been received in support 
of lifting the suspension and continuing the rule and that comment has 
completely ignored the Commission's specific direction that any comment 
specifically include detailed factual support for the position taken, 
the Commission has determined to proceed with the removal of 46 CFR 
part 530.
    The Commission certifies, pursuant to section 605(b) of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), that the final rule will 
not have a significant economic impact on a substantial number of small 
entities, including small businesses, small organizational units or 
small governmental organizations. The Commission believes, based on the 
single comment received during the year of suspension, that the removal 
of part 530 will not result in significant impact.
    This final rule does not contain any collection of information 
requirements as defined by the Paperwork Reduction Act of 1980, as 
amended, Therefore, OMB review is not required.

List of Subjects in 46 CFR Part 530

    Freight, Harbors, Maritime carriers, Motor carriers, Penalties, 
Reporting and recordkeeping requirements.

    Therefore, pursuant to 5 U.S.C. 553; sections 17 and 43 of the 
Shipping Act, 1916 (46 U.S.C. app. 816, 841(a)); sections 10 and 17 of 
the Shipping Act of 1984 (46 U.S.C. app. 1709, 1716); part 530 of Title 
46 of the Code of Federal Regulations is amended as follows:

PART 530--[REMOVED]

    Part 530 is removed.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-6612 Filed 3-21-94; 8:45 am]
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