[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Notices]
[Pages 70731-70732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29981]


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FEDERAL MARITIME COMMISSION

[Petition No. P3-02]


Petition of the Association of Bi-State Motor Carriers, Inc. to 
Investigate Truck Detention Practices of the New York Terminal 
Conference at the New York/New Jersey Port District; Notice of Filing 
and Request for Comments

    Notice is hereby given that on November 18, 2002, the Association 
of Bi-State Motor Carriers, Inc. (``Petitioner'') filed a Petition 
seeking an investigation under section 11(c) of the Shipping Act of 
1984 (``Shipping Act'') of certain activities in the New York/New 
Jersey Port District.
    The Petitioner asks the Commission to determine whether the truck 
detention practices and tariff regulations of the marine terminal 
operator (``MTO'') members of the New York Terminal Conference 
(``NYTC'') \1\ constitute unjust and unreasonable practices and 
regulations in violation of Section 10(d)(1) of the Shipping Act. In 
support of its request, Petitioner asserts that NYTC and its members 
are causing port congestion and delay by manipulating entry through the 
terminal gate or point of processing. Petitioner claims that this 
manipulation causes congestion and adds to the delay in picking up and 
delivering containers. Petitioner claims further that NYTC and its 
members' practices contribute to excessive ``queue waiting time'' 
outside of the terminal gate and that NYTC and its members are not 
compensating Petitioner's members for the cost associated with this 
delay and the delays occurring within the terminal. Moreover, 
Petitioner claims that the NYTC and its members have established 
excessive free time provisions in their tariff to avoid paying 
detention penalties to Petitioner's members. In this regard, Petitioner 
points out that the terminals require trucks to use offsite chassis 
depots or other offsite facilities, spending time that is excluded from 
the truck detention calculus. Finally, Petitioner claims that the NYTC 
members retaliated against its members after a successful arbitration 
by modifying their tariff in such a way as to prevent reasonable 
detention penalties from being paid.
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    \1\ American Stevedoring, Inc.; Port Newark Container Terminal; 
and Universal Maritime Service Corp.
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    Petitioner asserts that the foregoing results in its members being 
responsible for the excessive cost of doing business at the Port, both 
in terms of lost time and financial losses. In this regard, Petitioner 
states that the excessive delay caused to trucks awaiting access to 
containers and equipment causes inordinate delay in the delivery of 
cargo and that these costs are passed along to the shipping public or 
absorbed by trucking companies.
    Petitioner asks the Commission to investigate these practices under 
section 11(c) of the Shipping Act. If violations are found, Petitioner 
asks the Commission to order NYTC to modify its tariff to: include a 
reasonable calculation that captures ``queue waiting time;'' and remove 
the excessive free time provisions and establish reasonable provisions 
that address the specific concerns set forth in the Petition such as, 
roadability issues and exclusions that exempt time spent due to lack of 
equipment or maintenance and repair. Petitioner also seeks an order 
directing NYTC to cease and desist from its practices of tendering 
defective equipment.
    The Petition was filed under Rule 69 of the Commission's rules of 
practice and procedure, 46 CFR 502.69, and states that it was served on 
the parties named therein. The parties named in the Petition are 
entitled to file a reply pursuant 46 CFR 502.69 and 502.74. In order 
for the Commission to make a thorough evaluation of the Petition, the 
Commission is also inviting interested persons to submit their comments 
on the Petition. Replies to the Petition and any comments are due no 
later than December 20, 2002. Comments shall consist of an original and 
15 copies, or, if e-mailed, as an attachment in WordPerfect 8, 
Microsoft Word 97, or earlier versions of these applications; be 
directed to the Secretary, Federal Maritime Commission, 800 North 
Capitol Street, NW., Washington, DC 20573-0001 (e-mail to: 
[email protected] and include a reference to the docket number in the 
subject field); and be served on Petitioner's counsel: Carlos Rodriguez 
and Usbaldo Angel, Rodriguez O'Donnell Ross Fuerst Gonzalez & Williams, 
1211 Connecticut Avenue, NW., Suite 812, Washington, DC 20036.
    Copies of the Petition are available at the Office of the Secretary 
of the Commission, 800 N. Capitol Street, NW., Room 1046, by telephone 
request at 202-523-5725, or through e-mail request directed to 
[email protected].
    Parties participating in this proceeding may elect to receive 
service of the Commission's issuances in this proceeding through e-mail 
in lieu of service by U.S. mail. A party opting for electronic service 
shall advise the Office of the Secretary in writing and provide

[[Page 70732]]

an e-mail address where service can be made.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-29981 Filed 11-25-02; 8:45 am]
BILLING CODE 6730-01-P