FMC Rejects Port of NY/NJ Equipment Optimization Discussion Agreement

The US Federal Maritime Commission (FMC) has rejected the “Port of New York/New Jersey Equipment Optimization Discussion Agreement” for failing to meet the clear and definite disclosure standard required by law.

The Port Authority of New York & New Jersey (PANYNJ) and the Ocean Carriers Equipment Management Association Agreement (OCEMA) jointly applied on November 30, 2016 to establish this discussion agreement.

This was not the first application by these filing parties seeking permission to establish a discussion agreement at the Port of New York & New Jersey.

On June 23, 2016, the FMC received Agreement No. 012420, and subsequently issued a Request for Additional Information on August 4, 2016.

The filing parties chose to withdraw Agreement No. 012420 on August 10, 2016. Many of the issues the FMC identified in August were left unaddressed and unresolved in the filing made in November, which was subsequently rejected on January 9, the commission said.

“Today’s rejection of the ‘Port of New York/New Jersey Equipment Optimization Discussion Agreement’ should not be viewed by port management or carrier executives of companies doing business at the port as the Commission being opposed to the establishment of a discussion agreement,” said the FMC Chairman Mario Cordero.

“I am amenable to meeting with the PANYNJ management team and OCEMA to discuss the Commission’s concerns with the previous filings, as well as to explore how to create a narrowly tailored agreement that delivers specific efficiencies.”

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