Post by HardTimeTrucker on Feb 11, 2010 0:08:11 GMT -5
February 4, 2010
www.nitl.org/FAAAA_ShipperCoalitionLTR_LaHood020410-Final.pdf
The Honorable Ray LaHood
Secretary of Transportation
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Re: Opposition to Proposed Exemptions to the Federal Aviation Administration
Authorization Act (FAAAA)
Dear Secretary LaHood:
On behalf of the undersigned national and state associations representing
importers, exporters, and the logistics industries and service providers that support
them, we are writing to you about an important issue that could affect the
competiveness and efficiency of U.S. ports. Several major U.S. ports, including the
Ports of Los Angeles, Long Beach and Seattle, have launched Clean Truck Programs
aimed at reducing diesel emissions of trucks entering the port terminals. We strongly
support the goals and most elements of these Clean Truck Programs. However some
organizations are now seeking to re-write longstanding federal trucking rules codified in
the Federal Aviation Administration Authorization Act (FAAAA) under the guise of the
clean trucks initiatives. We urge you and the Administration to oppose these
efforts as we believe they will be detrimental to interstate commerce and U.S.
competitiveness.
There is currently a campaign underway to persuade Congress to grant to local
governments the ability to regulate the trucking industry at ports to address
environmental and port security matters, and thereby eliminate the federal preemption
of state and local regulation of foreign and interstate commerce. While we strongly
support efforts to improve air quality and port security in and around America’s ports,
the effort to undermine federal preemption of interstate commerce is an attempt to
overturn losses in the federal courts restricting local regulation of truck drayage
services. If successful, these efforts will not improve air quality or port security in and
around the nation’s ports, but will re-impose a fragmented, local, patchwork regulatory
structure on foreign and interstate commerce, contrary to the U.S. Constitution and acts
of Congress.
The members of the undersigned national associations move a substantial
amount of the nation’s international commerce through America’s marine ports and
along the surface transportation network of roads and rails. The harbor trucking
industry is an integral component in the supply chains of U.S. industry that helps our
nation’s exporters to reach markets overseas and replenish store shelves and assembly
lines here in the United States.
Our member companies have a vested interest in making sure that the harbor
trucking industry operates safely, efficiently and in an environmentally responsible
manner. In fact, many of our members are actively working with transportation
providers to replace as quickly as possible the older harbor trucks serving marine
terminals around the country with highly innovative clean equipment.
We have seen great success at the Ports of Los Angeles and Long Beach who
have achieved an estimated 80 percent reduction in diesel emissions under their current
program, two years ahead of schedule. This result has been achieved without changes
in federal law. In fact, the American Association of Port Authorities (AAPA) recently
passed a policy position that states that the AAPA does not believe there is a need at
this time to amend the Federal Aviation Administration Authorization Act because of the
success of current clean truck programs that have been implemented without a change
in the law.
In 2007, the Port of Los Angeles’ Clean Truck Program included a provision that
would have banned any harbor trucking company from using independent owneroperator
drivers, in favor of employee drivers and certain other onerous economicbased
regulations. These restrictions, principally advocated by the International
Brotherhood of Teamsters, are specifically designed to eliminate competition from small
independent businesses in favor of companies that the Teamsters believe could be
more easily organized.
In 2008, the American Trucking Associations (ATA) filed suit against the Port of
Los Angeles and the Port of Long Beach1 under the legal argument that the truck
concession portion of the Clean Trucks Program is preempted by federal law regulating
rates, routes and service under the FAAAA. The ATA only challenged the concession
provision and not the program components that contribute to air quality improvements.
The ATA requested a preliminary injunction which was granted by both the U.S.
District Court for the Central District of California and was affirmed by the U.S. Court of
Appeals for the 9th Circuit. Those courts determined that the ports' concession plans
regulate interstate trucking "prices, routes, and services" and thus were preempted by
the FAAAA.
The Port of Los Angeles, the NRDC, and the Teamsters seek to expand the
exceptions to federal preemption legislatively in order to accomplish by statute an
objective that the Courts found to be currently unlawful. In fact, the Court of Appeals
recognized that federal preemption of interstate trucking services was designed to
prevent a patchwork of burdensome state and local trucking rules as would be created
by the Port of Los Angeles’ concession plan.
1 The Port of Long Beach adopted a similar Clean Truck Program, including the requirement for drayage
operators to sign concession contracts with the port; however, the Long Beach program did not ban
independent owner operators from serving that port.
The argument that port trucking services should not be subject to federal
preemption in order to improve air quality is fallacious, and is based on motives
unrelated to achieving cleaner air around the ports. The Port of Long Beach has since
settled the lawsuit with the ATA. According to Port of Long Beach Executive Director
Richard Steinke: “[t]he settlement . . . clears the way for the Port and the trucking
industry to move forward, together, with a program that has been highly successful in
reducing air pollution.” He went on to further say: “The NRDC’s real objection to our
program has nothing to do with clean air. By aligning itself with the Teamsters, who
have been very public about their campaign to unionize port truckers nationwide, the
NRDC is pursuing an agenda beyond air quality.”
We believe that the environment, security and efficiency of our nation's
transportation system including trucking at our nation's ports are best served by
maintaining the long-standing authority set forth in the FAAAA. We thank you for
considering our concerns. Please feel free to contact us with any questions or
concerns.
Sincerely,
Agriculture Transportation Coalition
American Apparel and Footwear Association
American Import Shippers Assoc. Inc.
Clean Truck Coalition
Coalition of New England Companies for Trade
Columbia River Customs Brokers and Forwarders Assn.
Custom Brokers & Forwarders Assn. of Northern California
Customs Brokers and Freight Forwarders Assn of Washington State
Fashion Accessories Shippers Association
Footwear Distributors and Retailers Association
Harbor Truckers for Sustainable Future LA/LB Port
International Warehouse Logistics Association
Los Angeles Customs Brokers & Freight Forwarders Assn.
NASSTRAC, Inc.
National Association of Manufacturers
National Association of Waterfront Employers
National Industrial Transportation League
National Retail Federation
Pacific Coast Council of Customs Brokers & Freight Forwarders Assns.
Pacific Northwest Asia Shippers Association
Retail Industry Leaders Association
San Diego Customs Brokers Assn.
The Health & Personal Care Logistics Conference, Inc.
The Waterfront Coalition
Travel Goods Association
United States Council for International Business
U.S. Association of Importers of Textiles and Apparel
U.S. Chamber of Commerce
Washington State Potato Commission
West State Alliance, Oakland
World Shipping Council
CC: Roy Kienitz, Under Secretary for Policy
Polly Trottenberg, Assistant Secretary for Transportation Policy
Victor Mendez, Administrator, Federal Highway Administration
Anne Ferro, Administrator, Federal Motor Carrier Safety Administration
David Matsuda, Acting Administrator, Maritime Administration
www.nitl.org/FAAAA_ShipperCoalitionLTR_LaHood020410-Final.pdf
The Honorable Ray LaHood
Secretary of Transportation
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Re: Opposition to Proposed Exemptions to the Federal Aviation Administration
Authorization Act (FAAAA)
Dear Secretary LaHood:
On behalf of the undersigned national and state associations representing
importers, exporters, and the logistics industries and service providers that support
them, we are writing to you about an important issue that could affect the
competiveness and efficiency of U.S. ports. Several major U.S. ports, including the
Ports of Los Angeles, Long Beach and Seattle, have launched Clean Truck Programs
aimed at reducing diesel emissions of trucks entering the port terminals. We strongly
support the goals and most elements of these Clean Truck Programs. However some
organizations are now seeking to re-write longstanding federal trucking rules codified in
the Federal Aviation Administration Authorization Act (FAAAA) under the guise of the
clean trucks initiatives. We urge you and the Administration to oppose these
efforts as we believe they will be detrimental to interstate commerce and U.S.
competitiveness.
There is currently a campaign underway to persuade Congress to grant to local
governments the ability to regulate the trucking industry at ports to address
environmental and port security matters, and thereby eliminate the federal preemption
of state and local regulation of foreign and interstate commerce. While we strongly
support efforts to improve air quality and port security in and around America’s ports,
the effort to undermine federal preemption of interstate commerce is an attempt to
overturn losses in the federal courts restricting local regulation of truck drayage
services. If successful, these efforts will not improve air quality or port security in and
around the nation’s ports, but will re-impose a fragmented, local, patchwork regulatory
structure on foreign and interstate commerce, contrary to the U.S. Constitution and acts
of Congress.
The members of the undersigned national associations move a substantial
amount of the nation’s international commerce through America’s marine ports and
along the surface transportation network of roads and rails. The harbor trucking
industry is an integral component in the supply chains of U.S. industry that helps our
nation’s exporters to reach markets overseas and replenish store shelves and assembly
lines here in the United States.
Our member companies have a vested interest in making sure that the harbor
trucking industry operates safely, efficiently and in an environmentally responsible
manner. In fact, many of our members are actively working with transportation
providers to replace as quickly as possible the older harbor trucks serving marine
terminals around the country with highly innovative clean equipment.
We have seen great success at the Ports of Los Angeles and Long Beach who
have achieved an estimated 80 percent reduction in diesel emissions under their current
program, two years ahead of schedule. This result has been achieved without changes
in federal law. In fact, the American Association of Port Authorities (AAPA) recently
passed a policy position that states that the AAPA does not believe there is a need at
this time to amend the Federal Aviation Administration Authorization Act because of the
success of current clean truck programs that have been implemented without a change
in the law.
In 2007, the Port of Los Angeles’ Clean Truck Program included a provision that
would have banned any harbor trucking company from using independent owneroperator
drivers, in favor of employee drivers and certain other onerous economicbased
regulations. These restrictions, principally advocated by the International
Brotherhood of Teamsters, are specifically designed to eliminate competition from small
independent businesses in favor of companies that the Teamsters believe could be
more easily organized.
In 2008, the American Trucking Associations (ATA) filed suit against the Port of
Los Angeles and the Port of Long Beach1 under the legal argument that the truck
concession portion of the Clean Trucks Program is preempted by federal law regulating
rates, routes and service under the FAAAA. The ATA only challenged the concession
provision and not the program components that contribute to air quality improvements.
The ATA requested a preliminary injunction which was granted by both the U.S.
District Court for the Central District of California and was affirmed by the U.S. Court of
Appeals for the 9th Circuit. Those courts determined that the ports' concession plans
regulate interstate trucking "prices, routes, and services" and thus were preempted by
the FAAAA.
The Port of Los Angeles, the NRDC, and the Teamsters seek to expand the
exceptions to federal preemption legislatively in order to accomplish by statute an
objective that the Courts found to be currently unlawful. In fact, the Court of Appeals
recognized that federal preemption of interstate trucking services was designed to
prevent a patchwork of burdensome state and local trucking rules as would be created
by the Port of Los Angeles’ concession plan.
1 The Port of Long Beach adopted a similar Clean Truck Program, including the requirement for drayage
operators to sign concession contracts with the port; however, the Long Beach program did not ban
independent owner operators from serving that port.
The argument that port trucking services should not be subject to federal
preemption in order to improve air quality is fallacious, and is based on motives
unrelated to achieving cleaner air around the ports. The Port of Long Beach has since
settled the lawsuit with the ATA. According to Port of Long Beach Executive Director
Richard Steinke: “[t]he settlement . . . clears the way for the Port and the trucking
industry to move forward, together, with a program that has been highly successful in
reducing air pollution.” He went on to further say: “The NRDC’s real objection to our
program has nothing to do with clean air. By aligning itself with the Teamsters, who
have been very public about their campaign to unionize port truckers nationwide, the
NRDC is pursuing an agenda beyond air quality.”
We believe that the environment, security and efficiency of our nation's
transportation system including trucking at our nation's ports are best served by
maintaining the long-standing authority set forth in the FAAAA. We thank you for
considering our concerns. Please feel free to contact us with any questions or
concerns.
Sincerely,
Agriculture Transportation Coalition
American Apparel and Footwear Association
American Import Shippers Assoc. Inc.
Clean Truck Coalition
Coalition of New England Companies for Trade
Columbia River Customs Brokers and Forwarders Assn.
Custom Brokers & Forwarders Assn. of Northern California
Customs Brokers and Freight Forwarders Assn of Washington State
Fashion Accessories Shippers Association
Footwear Distributors and Retailers Association
Harbor Truckers for Sustainable Future LA/LB Port
International Warehouse Logistics Association
Los Angeles Customs Brokers & Freight Forwarders Assn.
NASSTRAC, Inc.
National Association of Manufacturers
National Association of Waterfront Employers
National Industrial Transportation League
National Retail Federation
Pacific Coast Council of Customs Brokers & Freight Forwarders Assns.
Pacific Northwest Asia Shippers Association
Retail Industry Leaders Association
San Diego Customs Brokers Assn.
The Health & Personal Care Logistics Conference, Inc.
The Waterfront Coalition
Travel Goods Association
United States Council for International Business
U.S. Association of Importers of Textiles and Apparel
U.S. Chamber of Commerce
Washington State Potato Commission
West State Alliance, Oakland
World Shipping Council
CC: Roy Kienitz, Under Secretary for Policy
Polly Trottenberg, Assistant Secretary for Transportation Policy
Victor Mendez, Administrator, Federal Highway Administration
Anne Ferro, Administrator, Federal Motor Carrier Safety Administration
David Matsuda, Acting Administrator, Maritime Administration