Uniform Intermodal Interchange and Facilities Access Agreement (UIIA)

1. Uniform Intermodal Interchange and Facilities Access Agreement(UIIA) NJ Motor Truck Association Meeting – December 1, 2009

2. Stats for UIIA Participation • Motor Carriers: 7,190 • Equipment Providers: • Ocean Carriers: 42 • Railroads: 7 • Leasing Companies: 1 • Total EPs: 50

3. Administration of the UIIA • The Intermodal Interchange Executive Committee is the nine member group that oversees the administration of the Agreement. • IIEC comprised of three members from each mode (Rail, Ocean & Motor Carrier) • UIIA is living document that is constantly reviewed by the Committee to determine if revisions are necessary based on current industry practices.

4. Process for EP UIIA Addenda Revisions • Section II. of the Administrative Procedures – Appendix I outlines the process for handling requests for modifications to EP addenda. • Initial review of proposed addenda language completed by staff. • Proposed addenda language forwarded to the modal IIEC members for review. • If review results in adverse comments, conference call is held between EP and modal IIEC members to address specific concerns w/addenda language. • Once proposed addenda language approved, effective date 30 days from date of notice to MCs.

5. Process for Modifications to the UIIA • Administrative Procedures, Appendix I, Sections IV. and V. outline the processes for modifications to the UIIA. • Revisions to the Agreement are reviewed and considered by the full IIEC at its next scheduled meeting. • Three-fourths majority vote of IIEC members is required to approve modifications. (7 out of 9 IIEC members) • If language approved, proposed changes are forwarded to all UIIA participants for a thirty day comment period. • All comments submitted are transmitted to full Committee for review before final determination is made on whether to move forward with the proposed modifications. • Notice of IIEC’s decision is provided to all UIIA participants and if it is determined to move forward with changes, effective date shall be no less than 15 days from the date of notice.

6. Summary of Modifications to UIIA in 2009 Section B. Definition of Terms – • New definitions added for terms “Container”, “Damage” and “Defect”. • Existing definitions for “Equipment” and “Wear and Tear” were modified. Section E.1 Equipment Use – • Modified provision to address current industry business practices where Equipment may be returned to a location other than the original point of interchange under specific circumstances.

7. Summary of Modifications to UIIA in 2009 • Section E.6. – Free Time and Use Charges Modified language under the default dispute resolution process to clarify the EP shall respond to MC disputes within 30 days from date of dispute to EP. • Exhibit B – Added terms “roll-up doors” and “side doors” as items that are considered the Owner’s responsibility as a result of wear and tear to be consistent with the AAR TOFC/COFC Interchange Rules. • Exhibit C – Modified section relating to tires to be consistent with the Federal Motor Carrier Safety Regulations and added a foot note to clarify “Defect(s)” as defined in Section B. are not included under this Exhibit.

8. Summary of Modifications to UIIA in 2009 Administrative Procedures Clarified IANA responsibilities in its administration of the UIIA as it relates to its collection and reporting information. In addition, clarified interpretations requested by the IIEC are limited to the applicability or consistency with existing provisions of the Agreement and/or EP addenda and are not for adjudication of matters under dispute.

9. DISPUTE RESOLUTION PROCESS • Mandatory & binding Dispute Resolution process was added to the UIIA on August 1, 2008. • Exhibit D establishes processes and procedures for the DRP process. • Acceptable claims for submission under DRP involve charges related to per diem, maintenance and repair, and lost/stolen invoices that occur on or after August 1, 2008. • Issue must have been initially disputed by the Parties under the default dispute resolution process in the UIIA/EP addenda.

10. DISPUTE RESOLUTION PROCESS • Three member panel (one member from each mode) appointed by IANA review and renders decision in the arbitration process. Each case is rendered by the modal panel members. • Panel Member Qualifications: • 5 years operating experience involving: • Gate Procedures • Yard procedures • Loading/Unloading operations • Operations at Marine and Rail Container Yards • Receiving/Delivery of Equipment

11. DISPUTE RESOLUTION PROCESS • Moving Party has 15 days from EP response to dispute under default process to submit claim under mandatory DRP process. • Moving Party completes Notice of Intent Form, supporting documentation and administrative filing fee. • It is important that both the Moving and Responding Parties provide relative information in their response to the claim (i.e. pictures, actual repair bill, etc.) • Case is forwarded to modal panel members for review and decision. • Decisions are rendered within 45 days of submission to panel.

12. DISPUTE RESOLUTION PROCESS • No cancellation of interchange privileges for issue under dispute once arbitration process is initiated. • Moving & Responding Parties notified of decision once it is rendered via e-mail. • Decision of arbitration panel is final, no appeal process. • Cost of filing fee is assessed against Party whom panel rendered the decision against. • Decisions posted on UIIA website

13. DISPUTE RESOLUTION PROCESS • Claims Submitted Since August 2008: • Total of 101 cases submitted under DRP • 48 – cases completed • 21 - never went to arbitration – matter resolved • 25 - claim did not meet criteria for DRP • 7- cases pending • Total 48 cases went through DRP process: • 37 – M & R related (21 related to tire repair) • 7 – Per Diem related • 4 – Lost/Stolen related

14. DISPUTE RESOLUTION PROCESS • Total Completed Cases: 48 • Decisions Rendered in favor of MC: 26 • Decisions Rendered in favor of EP: 14 • Split Decisions: 8