FMC Rejects New York/New Jersey Equipment Optimization Discussion Agreement

Contact: John K. DeCrosta, (202) 523-5911

The Federal Maritime Commission (FMC) today rejected the “Port of New York/New Jersey Equipment Optimization Discussion Agreement” (FMC Agreement No. 012445) 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 30th, 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 Commission 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 Commission identified in August were left unaddressed and unresolved in the filing made in November, and rejected by the Commission today.

“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 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.”

The Federal Maritime Commission is responsible for regulating the Nation’s international ocean transportation for the benefit of exporters, importers, and the American consumer. The Commission’s mission is to foster a fair, efficient, and reliable international ocean transportation system while protecting the public from unfair and deceptive practices.