Truck Detention at the Port of New York

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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