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Full Volume 19 - Federal Maritime Commission

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694 FEDERAL MARITIME COMMISSION<br />

29 The need to encourage<br />

and support a terminal operator to<br />

consolidate blocks of tonnage to justify the use of the more modem<br />

break bulk Port Authority piers Was particularly important at the Brooklyn<br />

Port Authority Marine Terminal Facilities since the physical confJgUl lltion<br />

of the piers was suited to the piers being occupied by a single occupant<br />

In contrast to the Brooklyn piers Port Newark break bulk facilities were<br />

the wharf type offacilities and were more easily subdivided between<br />

different users<br />

30 The principal purpose for establishing a substantial minimum rent<br />

was to induce the respective user of a Port Authority pier to confme its<br />

operations to a smaller number ofpiers and not to begin operating on two<br />

or three piers at atime without the required amount of cargo to make<br />

such an operation successful The minimum rent requirement was<br />

designed to encourage as many carriers to use the Port as possible For<br />

this reason the Port Authority did not want to establish facility use<br />

charges for the piers solely on a revenue ton basis or on a tariff basis<br />

31 The tlexible rent program based on the mini max formula was to<br />

be implemented at the Brooklyn Marine Terminal by executing amend<br />

ments to the lease agreements in effect with the current users of the<br />

facilities These amendments would change the terms and conditions<br />

under which charges were assessed for the facilities from afIXed sum per<br />

year charge to charges computed by multiplying the number of revenue<br />

tons moving over the pier in anyone year by 2 00 with a maximum<br />

and a minimum<br />

charge not to exceed the prior year s tixedsum payment<br />

charge of not less than one halfthe prior year s fIXed sum payment<br />

32 The mini max rental formula based on a 2 00 a ton rate was<br />

comparable to the prevailing charges at other terminals in the Port of<br />

New York and at other Atlantic ports and was responsive to the<br />

obligations and needs of both the Port Authority and the break bulk<br />

industry in the Port of New York<br />

33 The minimum charge established by the Agreements between the<br />

Port Authority and the respective parties to the Agreements guarantees to<br />

the Port Authority an amount of revenue which is below the fully<br />

distributed costs of the Port Authority allocated to each of the piers<br />

subject to the Agreements The maximum charge established by the<br />

Agreements would exceed the fully distributed costs of the Port Author<br />

ity 34 The Port Authority recognized that the level of revenue by the<br />

Agreements would not meet its allocated costs in the first year of<br />

operation By the third year of operation the Port Authority expects the<br />

revenues which the Port Authority would receive under the payment<br />

provisions of the Agreements will equal or exceed these costs<br />

35 The Port Authority s rate of 2 00 a revenue ton is higher than the<br />

previous effective per ton rate at the Pouch facility or proposed effective<br />

rate at the Pouch facility<br />

36 The Port Authority s Brooklyn Marine Terminal facilities are<br />

<strong>19</strong> F M C

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