FMC denies Bi-State petition alleging NY-NJ truck detentions

FMC denies Bi-State petition alleging NY-NJ truck detentions    The U.S. Federal Maritime Commission has denied a petition from the Association of Bi-State Motor Carriers Inc., to investigate truck detention practices at three terminals in the New York-New Jersey port area.
   The FMC concluded that Bi-State’s petition failed “to establish sufficient facts to warrant the initiation of an investigation.” The FMC also rejected Bi-State’s request to reconsider a 1994 decision to eliminate truck detention penalties.
   “Bi-State offers no compelling information to show that the Port (of New York and New Jersey) is suffering from unique circumstances that would distinguish it from other large U.S. ports in such a way that special truck detention regulation is warranted,” the FMC said in its ruling.
   “This denial does not preclude Bi-State from filing a complaint with the commission if it wishes to do so,” the FMC said.
   The FMC said five comments were filed opposing the Bi-State petition. They came from the New York Terminal Conference, the target of Bi-State’s petition; the United States Maritime Alliance Ltd., which negotiates and administers the terms of a New York-New Jersey master contract with the International Longshoremen’s Association; and Universal Maritime Service and Port Newark Container Terminal, two members of the New York Terminal Conference.
   The fifth opposing comment came from the Port Authority of New York and New Jersey, which asked “that the commission proceed cautiously in this matter and not adversely affect the Port’s competitive position among other ports,” the FMC said in its ruling.
   The commission noted that it had received 54 comments in support of Bi-State’s petition, from the New York/New Jersey Foreign Freight Forwarders and Brokers Association, U.S. Reps. Mike Ferguson and Robert Menendez, both from New Jersey, and 51 trucking companies. Most of the comments from the trucking companies were “identical form letters … none provides any detailed accounts of personal experience to substantiate their complaints,” the FMC said.