Inside This Issue

  • From the President
  • Mainport Rotterdam
  • Highway Weight Laws
  • Sliding on European Banana Peels
  • Our "Legal" Column
  • News Briefs

 

From the President
By Robert C. Mlrone

Dear Fellow Members:

Since last reporting to you, I am pleased to advise you that an agreement has been executed with the Rotterdam Port Council for our 1998 convention. As part of the program, our Insurance Committee has virtually completed its program of a world overview. Commitments for speakers from Africa, Asia, Europe and, of course, the United States have been received. We are still searching for someone to present the American perspective.

Among the social highlights of the convention is a scheduled lunch at the Rotterdam City Hall. More details including the probability of an address to be given by the Mayor of Rotterdam will be included in later articles and in our Journal of Commerce advertising program. We expect to have the most extensive social program ever scheduled, including a dinner tour of the Rotterdam harbor, which not only will be delightful but an excellent chance to socialize and network with your colleagues.

On a less upbeat note, with regret I advise you that because of a reassignment of responsibilities at Hapag-Lloyd (America) Inc., Joe Carone has resigned as a Director of our organization. It is the Board's hope that, in the future, Joe shall rejoin us. However, his membership is still intact. We will miss Joe not only for his chairmanship of the insurance program, but for his insightful comments and guidance in matters that come before the Board. Personally, I'll miss seeing Joe at our monthly meetings. Good humor was always his hallmark. It will seem strange to proceed without Joe who has been a member and a Director from our initial meeting. We wish you all the best in your new position at Hapag-Lloyd (America) Inc. and look forward to your return to the Board. The new chair of the Committee is Monica Fekete of Brown, Sims Wise & White who has served as Co-Chair of the Insurance Committee.

Ted Schroeder and Peter Vickers Co-chairs our Membership Committee, along with Executive Director, David Letteney, and have been hard at work to increase our membership both as to the number of members and the industries and interests they represent. If you know of anyone who would have an interest in joining our organization, particularly from the airline and trucking industries, we would be most please to contact them. If someone comes to mind, give Ted or David a call and one of them will follow up and make sure a membership application is in that person's hand.

P. de Beer & Co. B.V. Rotterdam-Amsterdam

The Netherlands

Marine & Non Marine Surveyors
Nautical & Technical Surveyors
Sworn Surveyors
Consulting Engineers

Serving the Marine and Non-Marine Industry Worldwide for over 70 years with specialists in reefer-vessels/trucks, fruit, vegetables, fish, meat, dairy products and other chilled/frozen foodstuffs.

Rotterdam:

Guldenwaard 141
3078 AJ Rotterdam or,
P. O. Box 9373
3007 AJ Rotterdam

Amsterdam:

Adm. De Ruyterweg 545
1055 MK Amsterdam

Telephone:

Rotterdam

+31 (0)10 4790311

Amsterdam

+31 (0)20 6863586

Fax:

Rotterdam

+31 (0)10 4791466

Amsterdam

+31 (0)20 6880453

After office hours, automatic direction to mobile phones or answering service +31 (0)104206611

 

Highway Weight Laws in the United States and the Transport Of Reefer Containers To and From Ports

(Editor's note: This article was suggested by an IRTA member. It is hoped that it fills a need)

Every country in the world with a road system more sophisticated than dirt paths has some means of regulating the weight and size of trucks using its streets and highways. When designing bridges engineers need to make assumptions regarding the gross weight of trucks, distance between axles and the number of heavy vehicles that will be on a bridge at any given moment. Pavement designers need the same information in order to develop specifications for substructure, optimum paving material and its thickness. In many countries, military considerations play a big role: Can the highway be used as an airstrip? What will be the weight of tanks traversing the highway?

Among industrial countries, the United States has one of the most stringent set of highway weight laws and also one of the most confusing since, in addition to the Federal Bridge Formula applicable to the Interstate system, each state has its own laws and exceptions. This article can do no more than attempt to explain some of the peculiarities and exceptions that affect reefer container loading. Indeed, the best source of advice on how much cargo can be loaded into a reefer is your favorite drayman who, after all, runs the gauntlet of highway weighing stations and portable scale teams every day and is most familiar with local conditions. Moreover, the configuration of the container equipment tendered by the ocean carrier can make a difference in loading decisions. So, at the risk of telling you some things you may already know, here goes.

The U.S. Federal Bridge Formula is a standard developed by highway engineers that relates a vehicle's gross weight to the spacing in feet between any two sets axles, the number of axles of the vehicle and the maximum legal load on each axle. The distance between axles is important because it affects the load-bearing capacity of a bridge.

The U.S. maximum allowable gross weight is 80,000 lbs. The maximum allowed axle load is 12,000 lb. on the tractor steering axle, 20,000 lbs. on a single axle and 34,000 lbs. on a tandem axle. Thus, an 18 wheeler (one steering axle and two tandems) can carry 80,000 lbs. But wait. There's a couple of catches. A forty foot trailer or container does not have sufficient distance between the two tandem axles together with the steering axle to permit a full 80,000 lbs. gross. Moreover, it is virtually impossible to load any vehicle in a manner that will achieve the maximum axle weights of 12, 34 and 34 thousands pounds. We'll return to this in a minute.

Now lets talk about reefer containers, chassis, tractors and generator sets. A 40 ft reefer will weigh between 9700 and 13,000 lbs., depending on whether it is of all-steel or aluminum and steel construction. A typical 40 ft chassis will weigh around 6700 lbs. Tractor weight can vary between 13,000 and 17,000 lbs. Then, there's the generator set. Is it mounted "clip on" fashion at the nose of the container or underslung under the chassis? A generator set with 50 gallons of fuel will weigh around 1500 to 1600 lbs. Some nose-mount gen sets equipped with 125 gallon tanks can weigh 2550 lbs. but these are generally intended for rail mini-bridge shipments. Thus, a 40 ft reefer, chassis, gen set and tractor can weigh between 31,000 and 38,500 lbs. For estimating purposes, 33,200 is probably a realistic figure.

Now to determine the permissible cargo weight of this 33,200 lb. unit. It is not sufficient to merely subtract this number from 80,000 lbs. A typical five axle unit of this type would in theory have an allowable gross weight of 78,500 lbs. from the bridge formula tables. The steering axle load will be no more than 9500 lbs., reducing the cargo load by another 2500 lbs. Therefore, subtracting 33,200 lbs. from 76,000 lbs. we are left with a permissible cargo weight of 42,800 lbs.

Once the packing of the container begins the weight distribution within the container becomes important. Each set of tandem axles should not be loaded beyond 34,000 lbs. This is nearly impossible to achieve if there is a nose-mount clipon generator set which will bear directly on the tractor tandem. Also, an attempt to balance the weight may interfere with uniform loading to achieve proper air flow.

Then there are the exceptions to weight laws which various state legislatures have passed in order to attract exports through their ports. Several southern states have such exceptions and will allow up to 94,000 lbs. on trucks with proper permits. The ports of Oakland and Los Angeles/Long Beach have established "overweight corridors" so that heavily loaded reefers can travel between transloading and consolidation facilities and container terminals. However, none of these exceptions to state laws apply on the Interstate System. Federal authorities will not allow any variation from stated axle and gross weight limits. They insist that the states enforce them at weigh stations on the Interstates.

This article has been slanted toward the exporter who needs to know conditions between his loading facility and the port. For the importer, a different set of conditions obtain. An import container may have been packed in a country with higher weight limits such as the European Union where 38 metric tons or 83,752 lbs. is permitted. Taiwan allows 97,570 lbs. under certain conditions. Other countries may not enforce weight laws at all and containers will be loaded to the maximum. The importer in the U.S. is faced with a real problem when his shipper overseas sends a container which, when mounted on U.S-style equipment, will exceed highway weights. He must decide whether to have the container stripped at the pier at a very high cost and possible prejudice to the quality of the cargo or risk a heavy fine by moving it to destination intact. Given sufficient warning of the overweight condition, the importer may be able route it through a port with an overweight corridor or one of the Southeast ports which have exceptions for heavy loads.

To summarize: The importer or exporter should know the conditions under which his shipments are to move over the highway. The trucker transporting the load should be consulted in each instance and, where import loads are concerned, such advice should be sought before the shipment leaves the overseas shipper's premises.

Would you like to continue to IRTA's success?

We need volunteers to help organize regional lunches in Europe, Canada and throughout the U.S. We also need help with articles (are there and Charles Dickens or Mark twain's out there?)

Pictures always enhance a story. We would love to include any photos or cartoons you might have.

Do you know anyone who is interested in joining? Have them call us in the U.S. at (732)-767-9200 or fax (732)-494-0591.

ANATOMY OF AN UNUSUAL MARITIME CASUALTY
This humorous story constitutes our legal article for this issue)

Master's Report to Owners:

I write in haste in order that you will get this report before you form your own preconceived opinions from reports in the world press, for I am sure that they will tend to overdramatize the affair. We had just picked up our pilot and the apprentice was having difficulty in rolling the pilot flag up. I therefore proceeded to show him how and, coming to the last part, told him to "let go." The lad, although willing, is not too bright, necessitating my having to repeat the order in a sharper tone.

The Chief Officer, overhearing this from the chartroom and thinking it was the anchors that were being referred to, repeated the "let go" to the Third Officer on the forecastle. The effect of letting the port anchor drop while the vessel was proceeding at full harbor speed proved too much for the windlass brake and the entire length of the cable was pulled out, "by the roots". I fear the damage to the chain locker may be extensive. The braking effect naturally caused the vessel to sheer in that direction, right towards a swing bridge that spans a tributary to the river up which we were proceeding. I rang up Full Astern but there was insufficient time for the engines to react.

The swing bridge operator showed a great presence of mind by opening the bridge. Unfortunately he did not think to stop vehicular traffic. The result being that the bridge partly opened and deposited a Volkswagen, two cyclists and a cattle truck on the foredeck. In his efforts to stop the progress of the vessel the Third Officer dropped the starboard anchor, too late to be of practical use for it fell on the swing bridge operator's control cabin.

Up to now I have confined my report to the activities at the forward end of my vessel. Aft, they were having their own problems. At the moment the port anchor was let go the assisting tug was tying up astern. The sudden braking effect of the port anchor caused the tug to "run in under" the stern of my vessel just at the moment when the propeller was answering my order of Full Astern. The prompt action of the Second Officer, in securing the line to the tug, delayed the sinking of the tug by some minutes, thereby allowing the safe abandoning of that vessel.

It never fails to amaze me - the actions and behavior of foreigners during moments of minor crisis. The pilot for instance is at the moment huddled in the corner of my day cabin alternately crooning to himself and crying, after having consumed a bottle of gin in a time worthy of inclusion in the Guinness Book of Records. The tug captain, on the other hand, reacted violently and had to be forcibly restrained by the Steward who now has him handcuffed in the ship's hospital.

I enclose the names and addresses of the drivers and their insurance companies of the vehicles on my foredeck, which the Third Officer collected after his somewhat hurried evacuation of the forecastle. These particulars will enable you to claim for the damage they did to the ship's railings.

I am closing this preliminary report for I am finding it difficult to concentrate with the sound of police sirens and their flashing lights.

Had the apprentice realized that there is no need to fly a pilot flag after dark, none of this would have happened.

Signed,

S. Sailbad, Master

COME TO THE NETHERLANDS AND SEE THE TULIPS
(AND ATTEND IRTA'S 4TH ANNUAL CONVENTION AND CONFERENCE, ROTTERDAM HILTON, MAY 17, 18 AND 19)

Mainport Rotterdam
By David B. Letteney, Executive Director

Most Americans, when they think of the Netherlands, think of Amsterdam as "quaint", "picturesque" a "cultural center", "architecturally unique." If they have never been there, they tend to think of Rotterdam as an old, industrial smokestack city with lots of ships, barges and trucks and not much in the way of culture and architecture. While the popular perception of Amsterdam is largely correct, nothing could be further from the truth so far as Rotterdam is concerned!

Rotterdam was founded in 1340. Its position on the Maas River, a tributary of the Rhine, made it a natural location to develop trade by water along the European coastline, across the North Sea to England and, in the 17th century, the new world and Dutch colonies in Southeast Asia and Latin America. Its growth over the centuries was largely as an industrial and port city while political life was assigned to the Hague and Amsterdam was the cultural capital.

World War II and the bombing of the city center gave the city fathers an opportunity to dramatically alter the character of the city during reconstruction. The central portion, that most heavily devastated, was redesigned to be open and airy, with some 75 per cent of the area devoted to public spaces and parks. Rebuilt roads were very wide with open verges to enhance the feeling of roominess. Business sections were separated from residential areas. Innovative designs of both office and apartment buildings has won many architectural awards. Yet, not all is new. Many old and architecturally significant buildings were preserved: The Schieland House, built in 1665 for a wealthy merchant, now houses the historical museum. The White House, Europe's first skyscraper and its tallest building until the 1920's survived the destruction and is another example of pragmatic preservation. A walk anywhere through the residential, commercial and business districts reveals museums, a ballet, opera,casino, theater, excellent restaurants and world-class night clubs. And don't worry about language. Nearly everyone in the country speaks fluent English. There's never a problem getting around. Public transport is superb! Whether its trains, metro, buses or trams, they are clean, airy and fast with courteous and helpful conductors and operators.

The principal reason for Rotterdam's attractiveness and prosperity is that "its business is business" as they say. While its geographic location is ideal for its development as the most important port in Europe, it did not just achieve that imminence by happenstance. In the second half of the 19th century a Rotterdam trader by the name of Lodewijk Pincoffs badgered and cajoled an indecisive City Council until they agreed to allow expansion of the port to the south bank of the Maas river. This coincided with the digging of a new canal called the New Waterway to the North Sea. In the period 1873 to 1905, eight new harbors and the Wilhelmina Pier were built. New roads, railroads and bridges provided access to the harbors. All of this coincided with the growth of the Ruhr Valley steel industry, chemical plants along the Rhine and the industrial revolution in England. Rotterdam now occupied an enviable spot in European trade: an important origin and destination port for Dutch trade (although Amsterdam was at least as important) a transshipment port for coastwise and North Sea trade and the ocean terminus for Rhine barge traffic extending all the way to Switzerland. Its position made it a magnet for industry, notably for oil refineries and associated businesses.

An historical note: Wilhelmina Pier, which is currently being redeveloped as office space, upscale apartments and cruise ship pier was the departure point for most Dutch immigrants to the U.S. for many years.

The redevelopment plans after World War II included a long range view Rotterdam's position in world trade. In terms of port development it was recognized early on that the old harbor areas were obsolete and by the mid-seventies, marine activities were moving to virgin land areas to the west, to Maasvlakte and Deltaport serving the oil industry and container shipping as well as the newest "Distripark," home of Reebok's European warehousing and distribution center.

This careful planning and development process, the wholehearted participation and encouragement of the government and the strong work ethic of the Dutch people have combined to form a critical mass of economic activity for the country as a whole, centered on Rotterdam. Further impetus for growth has resulted from the formation of the European Union, the opening of borders between countries in the Union and continuing construction of new infrastructure such as the Rhine-Main-Danube Canal linking Rotterdam to the Black Sea , new highways and port expansion.

In 1997, infrastructure projects around the port, including doubling of the main railway line and expansion of major chemical plants together with an improving European economy resulted in a record 307.3 million tons of cargo passing through the port, a 5.2 per cent increase over 1996. 1998 cargo volumes are expected to surpass these levels in spite of heavy competition from nearby Antwerp and the German ports of Bremen/Bremerhaven and Hamburg.

The future of Rotterdam is indeed bright, an opinion that is obvious from the enthusiasm and energy of its citizens.

 

Opinion: Sliding on European Banana Peels
By Donald I. Crews

This article appeared on the Op-Ed page of the Journal of Commerce, December 5, 1997 and is reprinted by permission. Mr. Crews is an IRTA member and writes and speaks frequently on the world trade in bananas

In July 1993, the European Union instituted its banana import regime, putting in place a license system veiled within a tariff that acted like a quota. It was designed to protect banana producers in the former colonies of EU member nations - known as Africa Pacific Caribbean, or ACP, countries - as part of unifying customs practices among EU member nations. And it was supposed to merely replace the earlier single-country restrictions where England, for instance, only imported bananas from its former colonies. But the EU could not resist the opportunity to denigrate competing so-called "dollar" banana producers in Latin America and reduce their share of the EU banana market by whatever means necessary. The World Bank said the EU system "distorts competition, fosters black marketeering, restricts growth, discriminates against efficient producers and removes incentives for inefficient producers to improve."

The system foolishly props up the ACP banana producers, who, with the possible exception of Cameroon and the Ivory Coast, cannot produce the volume or quality of bananas that can be economically produced in Latin American "dollar" countries.

Even in portions of the regime that appear fair, there is obfuscation. ACP bananas enter the EU duty-free up to a set volume. However, the volume of duty-free bananas is equivalent to the highest export volume ever for each of the ACP countries, essentially making the volume restriction a farce.

Dollar bananas enter the EU at tolerable duties up to a set volume. But that volume is 60% to 70% less than the volumes of Latin American bananas that entered the EU in 1992. The duty for dollar bananas above that level is sufficiently onerous to act as a quota.

Another element is a complicated licensing system used to allocate dollar banana volumes. This is used to allocate portions of the volume to the various dollar suppliers. But it also has blatantly taken import licenses from traditional dollar suppliers and given them to ACP suppliers as well as European receivers and ripeners who have never had a direct import activity.

In most cases, these parties have little interest in using the licenses and instead sell them to dollar suppliers. The license system therefore further penalizes dollar banana suppliers by forcing them to buy back a portion of their market share stolen that's been given to the ACP and European parties for free. The World Trade Organization issued a decision on the European Union's banana regime in May and an appeal decision in August.

The decisions oppose the EU banana regime and support the complainant countries - namely the United States, Ecuador, Mexico, Guatemala and Honduras. The WTO decision also has sparked great hope among dollar banana companies and refrigerated ship operators. Some of them believe the decision will lead to a restoration of the pre-regime status. In fact, however, the outcome may be less clear for the following reasons:

1. The WTO has no enforcement powers. It can only request that offending parties bring their practices in line with the General Agreement on Tariffs and Trade and General Agreement on Trade in Services. If offending countries fail to comply, the WTO's only recourse is to permit complaining states to enact countervailing tariffs. One wonders what trades the complainants, especially the United States, are willing to put at risk in a potentially escalating trade battle, to counter the banana regime.

2. The hope and logical expectation that European consumers would rise up against the banana regime has not happened. With exception of Germany (with lesser support from Belgium, Luxembourg and the Netherlands), opposition has been negligible. France and England no doubt welcome having the entire EU pay to support their former colonies, although the cost to European consumers would be far lower even if direct subsidies were paid to the ACP countries.

3. The EU is much more adept at bureaucratic games than the complaining nations. Twice prior to the scheduled hearing, the EU blocked the complaint even being presented to a panel. They are unlikely to give up easily. The have in fact tightened enforcement of the banana regime since the WTO's appeal decision.

4. The decisions by both the original and appeal panels sanction the EU bid to give preferential treatment to bananas from the ACP countries. They also permit duty-free entry of ACP bananas up to the highest volumes, while subjecting dollar bananas to some form of a tariff.

Changes however, may still occur. The greatest force working to modify the EU's banana regime is not the WTO's decision. It is internal. The cost of propping up the ACP countries is a great financial burden that is inducing some EU members to recommend a change in their support policies toward former colonies. A potentially more cost-effective method to assist the ACP countries would be a steady decline in direct subsidies in conjunction with programs to help the ACP countries develop alternative trade in high value, exotic produce such as red bananas that better suit the ACP countries. If pressure for these changes grows, which is far from certain, the impact would be far greater than the WTO's decision could ever be.

 

News Briefs

Culled from various magazines, newsletters, the Internet and the Federal Register.

In the competition between container and breakbulk shipping modes, we have one of the latter instituting a container service while one of the former is selling off its container vessels but retaining its breakbulk interests. Specifically, Danish operator J. Lauritzen has begun a fully containerized service between the West Coast of South and North America. Three 500 TEU ships will be employed on 10 day frequency. Lauritzen will interline in Long Beach with OOCL for Asian destinations. Meanwhile, the Vestey group will sell its 11 Blue Star container ships and associated container equipment to P&O Nedlloyd while retaining its interest in Star Reefers, a 36 ship breakbulk fleet. There's a certain irony here: In the early '90's, P&O Containers Ltd assumed full control of Overseas Containers Ltd and purchased most of the assets of Associated Container Transportation thus obtaining the lion's share of the Australia-New Zealand/Europe trade. Blue Star purchased ACT's Australia/U.S. trades.

Last October the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture published a final rule establishing new procedures for the purpose of establishing regions, rather than only countries, for the purpose of importation of animals and animal products into the United States. All countries of the world will be classified into one of six categories for each restricted disease agent, ranging from negligible to high risk and unknown. In addition, and this can be of importance to ocean carriers, both break bulk and container, under certain conditions, meat and other animal products prohibited entry into the United States can now be unloaded and reloaded at the port of arrival.

Also from the Federal Register, APHIS is proposing to amend its export certification regulations to provide for the establishment of a program under which non-government facilities could become accredited to perform specific laboratory resting or phytosanitary inspection services that could serve as the basis for the issuance of a Federal phytosanitary certificate, export certificate for processed plant products or phytosanitary certificate for re-export. This limited privatization would replace tests and inspections conducted by public employees.

Also in the news are legislative moves to increase USDA's power to order the recall of contaminated meats and poultry and to levy civil fines. Meanwhile, interest in expanding the use of irradiation in poultry and extending the process to meat is growing.

In December the Food and Drug Administration issued a final rule which authorizes "the use of ionizing radiation for the control of food-borne pathogens in poultry." While the use of irradiation in poultry has been authorized since 1990, this notice confirms its use and deals with a number of safety and environmental issues raised by opponents. A companion rule, issued at the same time, allows the use of irradiation to control food-borne pathogens in meat and also to extend product shelf life.

[If any Newsletter reader wants a copy of these notices, contact the IRTA office at (732) 767-9200.]

 

IRTA Board of Directors

Bob Mirone, Mirone & Shields

Marcia S. Holland, Journal of Commerce

Peter G. Read, West of England Shipowner, Ins.

Ted Schroeder, Schroeder Overseas Services

George N. Proios, Lyons, Skoufalos, Proios & Flood

Paul V. Zottoli, Mediterranean Shipping Company

Joseph Carone, Hapag-Lloyd America Inc.

John Chagin, Pacific Seaways, Inc.

Kip Hinkle, Power Pool Plus

Cynthia Kane, Dept. of State, State of Delaware

Herbert E. Lane, Champion Motor Freight Corp.

John LaRue, Port of Corpus Christi

Dirk Lehmenn, KSW Systems

Sheldon Meyer, Journal of Commerce

Henl: Jan Mulder, Hudig &Beder

John L. Murphy, Journal of Commerce

Kevin Murphy, Port of Tacoma

Barbara J. Pratt, Sea-Land Service, Inc.

Joseph strain, Jacksonville Port Authority

Peter Vickers, P.F. Vickers & Associates

 

Some of the Program Highlights:
Perspectives on claims from Asia, North Africa, Europe and North America technological Developments in Agriculture and transport and many other new and previously unexplored topics.