FMC Denies Petition for Investigation of the Truck Detention Practices and Tariff Regulations in the NY/NJ Port District
On February 20, 2004, the Federal Maritime Commission (FMC) issued an order denying a November 2002 petition filed by the Association of Bi-State Motor Carriers, Inc. seeking an investigation under section 11(c) of the Shipping Act of 1984 of certain activities in the New York/New Jersey Port District.
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Bi-State had alleged that the marine terminal operator members (MTOs) of the New York Terminal Conference (NYTC) are in violation of section 10(d)(1) of the Shipping Act of 1984 for failing to establish, observe, and enforce just and reasonable truck detention practices and regulations at the New York/New Jersey Port District. Bi-State also alleged that the NYTC's truck detention regulations in its tariff have been deliberately crafted and executed to avoid the fair calculation of truck detention penalties, which are compensation for truckers who experience excessive waiting at the terminal.
FMC Denies Bi-State's Request for an Investigation
In its order, the FMC states that it is denying Bi-State's petition because neither Bi-State nor any of the commenters in support of the petition, produced sufficient evidence to support initiating an investigation into the NYTC's alleged violations.
Among other things, the FMC notes that other than Bi-State's petition, it has no information pointing to grave truck detention problems in the New York/New Jersey Port District that would require intervention by the FMC.
Although the FMC is denying Bi-State's petition, it states that this denial does not preclude Bi-State from filing a complaint with the FMC if it wishes to do so.
FMC Denies Bi-State's Request for Reinstatement of Truck Detention Rules
The FMC also states that it is denying Bi-State's request that the FMC reinstate truck detention regulations that were eliminated in 1994. (From the 1960s to 1994, the FMC had truck detention regulations directed specifically at the Port of New York in an effort to alleviate the excessive and unusual delays caused by MTOs in the handling and interchange of freight between ocean and motor carriers.)
According to the FMC, Bi-State has not established sufficient facts to warrant the reconsideration of its 1994 decision to eliminate those regulations and has shown no evidence as to how such rules would solve whatever congestion problems there are presently.
FMC Clarifies its Jurisdiction Over MTOs
In its order the FMC also takes the opportunity to clarify that it has jurisdiction over MTOs after noting that neither Bi-State nor NYTC had correctly articulated the issue.
(See ITT's 12/02/02 and 12/26/02 news, 02120230 and 02122600, for BP summaries on Bi-State's petition.)
FMC order (Petition P3-02, dated 02/20/04) available at