21 CRR-NY 3.2NY-CRR
21 CRR-NY 3.2
21 CRR-NY 3.2
3.2 Persons required to be licensed as stevedores; persons not required to be licensed as stevedores.
(a) A stevedore license is required by any person (other than an employee) who is engaged under a contract or other arrangement with a carrier of freight by water or a licensed stevedore or, with respect to paragraphs (2) and (3) of this subdivision only, any person within the meaning of that term contained in part II, § 5-a(6)(c) of the Act (1969 amendments) (including a parent corporation or a subsidiary corporation of such carrier or licensed stevedore or “any person”):
(1) in the movement of waterborne freight carried or consigned for carriage by such carrier on vessels of such carrier berthed at piers, on piers at which such vessels are berthed or at other waterfront terminals, or to provide clerking and checking services in connection therewith; or
(2) to perform all or any part of labor or services incidental to the movement of waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals (including marine terminals), including, but not limited to, cargo storage or warehousing, cargo repairing, marine carpentry, strapping, lashing, chocking, coopering; weighing; scaling, cargo inspection and sampling, maintenance, mechanical, container or equipment repair, crane maintenance and repair, tire repair, vehicle preparation, export packing, labeling, cleaning and maintenance services, horse and cattle fitting and grain ceiling; or
(3) to perform labor or services involving, or incidental to, the movement of freight into or out of containers (which have been or which will be carried by a carrier of freight by water) on vessels berthed at piers, on piers or at other waterfront terminals; or
(4) a license issued under paragraph (2) or (3) of this subdivision shall be restricted to the performance of the services contemplated by said paragraph.
(b) Absent extraordinary circumstances, a conditional stevedore license shall be granted to any person who is engaged to perform labor or services involving, or incidental to, the movement of freight into or out of containers (which have been or which will be carried by a carrier of freight by water) only at a warehouse, depot or other terminal which is located outside of a marine terminal (i.e. other waterfront terminal), upon submission of an annual self-certification of compliance indicating that the prospective licensee:
(1) maintains books and records containing a true and accurate account of the receipts and records arising out of his activities within the Port of New York district; and
(2) selects and hires employees in a fair and non-discriminatory manner in accordance with the requirements of applicable State and Federal equal employment opportunity laws; pays such employees in accordance with applicable State and/or Federal minimum wage requirements and/or applicable collective bargaining agreement(s); has not been issued any citation for willful violation(s) of Federal or State laws or regulations relating to the health, safety or welfare of its employees at such other waterfront terminal within the preceding five years; and has not hired any individual who is not required to fulfill the duties for which he or she is to be compensated (i.e., no-show or low-show employment); and
(3) does not have, as an officer, director, member, manager, partner, principal stockholder, or person with direct operational managerial authority, any individual who has been convicted of a felony within the preceding five years; has not, to the best of his knowledge, hired any person who has been convicted of a racketeering activity within the preceding five years, or any person who has been identified by a Federal, State or local law enforcement agency as a member or an associate of organized crime group, a terrorist group, or a career offender cartel (as those terms are defined by § 5-h[6] and § 5-i[6] of the Act); and has not, to best of his knowledge, hired any person whose application for registration or licensure has been denied, or whose registration or license has been revoked or suspended, by the commission.
(c) Any person granted a conditional stevedore license pursuant to this Part may, in lieu of assessments, elect to make an annual payment in the amount of $2,500. Such payment shall not exceed assessments that would have otherwise been required under article XIII(3) of the Act.
(d) Persons issued a conditional stevedore license under subdivision (b) of this Part shall be exempt from the application provisions set forth by article VI(2) of the Act and the expenses of administration provisions as set forth by Part II, § 2(A) of the Act.
(e) Any person ineligible for a conditional stevedore license by reason of inability to certify self-compliance with the provisions set forth in subdivision (b) of this section may petition the commission for a waiver of ineligibility, setting forth the reason(s) for such inability to certify self-compliance. The commission may in its discretion issue an order removing such ineligibility upon a showing of good cause.
(f) A conditional stevedore license issued under subdivision (b) of this section shall be renewable on an annual basis, and shall be restricted to the performance of the services contemplated by said subdivision.
(g) A stevedore license shall not be required:
(1) by any person engaged exclusively in moving by means of floating mechanical equipment bulk cargo consisting of a single commodity loaded or carried without wrappers or containers and delivered by the carrier without transportation mark or count; or
(2) by any person who is not principally engaged in the movement of waterborne freight and who on occasion moves waterborne freight for or on behalf of a carrier of freight by water or a stevedore, exclusively by means of mobile land-based cranes not affixed to a pier or terminal with capacity of at least 20 tons, or exclusively by means of floating mechanical equipment; or
(3) by any person who furnishes such equipment as set forth in paragraph (2) of this subdivision to move waterborne freight to a carrier of freight by water or stevedore by lease, rental or otherwise; or
(4) by any person who is not engaged to handle freight within 1,000 yards of a pier that is in regular use for the movement of waterborne freight between vessel and shore.
(h) A carrier of freight by water shall not require a stevedore license even though it may perform all or part of the services for which a stevedore license would be required when performed by any other person, provided that such services are performed on its own account, or on account of a parent corporation or a subsidiary corporation of such carrier, or as accommodation, not in the regular course of its business, at its own pier for another carrier of freight by water, or as part of its services for another carrier of freight by water for which it is a general agent.
(i) For purposes of this Part, the distance from a pier to other waterfront terminals shall not exceed 1000 yards from the currently established boundaries (i.e., fence line) of a pier, inclusive of cargo handling facilities and storage yards in which containers and other waterborne freight (i.e., non-bulk cargo) are placed while awaiting removal from the pier to another location. Such boundaries shall be identified and published by the commission within 90 days of the effective date of this amendment.
21 CRR-NY 3.2
Current through October 15, 2021
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