The petition, filed with the FMC on Nov. 18, asks the commission to determine whether the truck detention practices and tariff regulations of the marine terminal operators American Stevedoring, Port Newark Container Terminal and Universal Maritime Service constitute unjust and unreasonable practices and regulations in violation of Section 10(d)(1) of the Shipping Act.
The truckers’ association alleged that the terminal operators are causing port congestion and delay by manipulating entry through the terminal gate or point of processing.
The association claims that the three terminal operators and their grouping — the New York Terminal Conference — have established excessive free time provisions in their tariff to avoid paying detention penalties to trucking companies.
The terminal operators named in the petition are entitled to file a reply pursuant the commission’s rules 46 C.F.R. 502.69 and 502.74.
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 by Dec. 20.
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The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
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The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now