Full Volume 19 - Federal Maritime Commission

AGREEMENT NO T 2880
691
York and in this capacity carries on the business of furnishing wharfage
dock and other terminal facilities in connection with common carriers by
water It is an other person subject to this act as defined in section 1 of
the Shipping Act 1916
9 UMS conducts operations at terminal facilities in the Port of New
York and in this capacity carries on the business of furnishing wharfage
dock and other terminal facilities in connection with common carriers by
water It is an other person subject to this act as defined in section 1 of
the Shipping Act 1916
10 Pouch is engaged in the business of renting out to common carriers
by water and terminal operators three break bulk piers and operating
adjacent warehouse facilities which are located at Staten Island New
York
11 For the most part the Port Authority s facilities have been
furnished to terminal operators and steamship lines under separate lease
agreements rather than under the public tariff
12 All users of the Port Authority s marine terminal facilities are
subject to the Port s General Rules and Regulations contained in its
published tariff whether the respective user is a party to alease agreement
or not The primary distinction between a public user and a user under a
lease arrangement relates to the manner in which the user is charged for
the facility If the user has a lease arrangement with the Port Authority
the charges are based on the terms set forth in the lease Ifthe user does
not have the benefit ofalease agreement the charges are those set forth
in the Port Authority s public tariff
13 While the Port Authority furnishes marine terminal facilities to
vessel and terminal operators in the Port of New York the Port Authority
does not staff these facilities in the sense that the Port Authority provides
labor for the handling of cargoes The Port Authority purposely limits its
operations to dredging and to repair and maintenance functions which are
necessary to keep the facilities in satisfactory condition for vessel tie up
and the handling of cargo The users of the facilities provide the labor
needed to load and discharge cargo This labor consists ofcargo handlers
coopers and checkers
14 At the time the Brooklyn Marine Terminal facilties wereconstructed
by the Port Authority in the mid nineteen fifties as modem and efficient
break bulk piers the Port Authority had little difficulty in furnishing these
facilities to vessel operators steamship agents and terminal operators
under long term fixed renta1leases
15 In the years prior to 1969 cargo and cargo handling systems in the
Port of New York were largely break bulk in contrast to containerized
cargo or methods Atonnage survey conducted by the Port Authority in
1969 showed that ofthe approximately 25 million pay tons of cargo
handled by vessels maintaining regular calls at the Portof New York 16
112 million tons were being discharged and loaded on break bulk vessels
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