Post by portofconfusion on Oct 29, 2008 23:01:00 GMT -5
The JOURNAL of COMMERCE
FMC to Seek Changes in LA-Long Beach Truck Plan
October 29, 2008
By Bil Mongelluzzo
The Federal Maritime Commission on Wednesday announced that it will file a complaint with the U.S. District Court in Washington concerning certain elements of the Los Angeles-Long Beach clean-truck programs that the commission believes could result in a reduction in service and increase in drayage rates in the harbor.
The commission does not seek to jettison the entire clean-truck program, which is designed to reduce truck pollution in LA-Long Beach harbor by 80 percent over the next five years by progressively banning old, polluting trucks.
Rather, in a statement posted on its Web site, the FMC stated that it will ask the court for a “surgical removal of substantially anti-competitive elements” of the clean-truck plans.
Although the FMC did not list all of the anti-competitive elements it will ask to be removed, it did single out the requirement by the Port of Los Angeles that by 2013 all harbor trucking companies must operate with employee drivers. The Port of Long Beach program, by contrast, allows for owner-operators.
Los Angeles’ employee-driver mandate is supported by the Teamsters union because it would make it easier, and legal, for the union to attempt to organize the drivers. The American Trucking Associations opposes the employee-driver mandate and is challenging it in court as an alleged violation of federal preemption authority over interstate commerce.
The FMC is addressing the clean-trucks plans under a different body of law contained in the Shipping Act of 1984. That act seeks to prevent actions by ports, marine terminal operators or shipping lines that result in an unreasonable reduction in competition, an unreasonable increase in rates, or other anti-competitive actions in the maritime commerce of the United States. Intermodal containers are considered part of maritime commerce.
In an earlier communication with the FMC in support of the ports of Los Angeles and Long Beach, the Natural Resources Defense Council charged that the commission cannot take action against the clean-trucks plans without first performing an environmental impact study on the impact of its actions on the environment.
The FMC responded to the NRDC in an Oct. 23 letter stating that since this is an enforcement action, the commission is specifically exempted from having to perform an environmental analysis.
The FMC is expected to file its complaint with the district court by Friday. The compliant could lead to a request for a preliminary injunction. The FMC in this matter cannot block elements of the clean-truck plans under its own authority but instead must ask a U.S. court to provide the injunctive relief.
FMC to Seek Changes in LA-Long Beach Truck Plan
October 29, 2008
By Bil Mongelluzzo
The Federal Maritime Commission on Wednesday announced that it will file a complaint with the U.S. District Court in Washington concerning certain elements of the Los Angeles-Long Beach clean-truck programs that the commission believes could result in a reduction in service and increase in drayage rates in the harbor.
The commission does not seek to jettison the entire clean-truck program, which is designed to reduce truck pollution in LA-Long Beach harbor by 80 percent over the next five years by progressively banning old, polluting trucks.
Rather, in a statement posted on its Web site, the FMC stated that it will ask the court for a “surgical removal of substantially anti-competitive elements” of the clean-truck plans.
Although the FMC did not list all of the anti-competitive elements it will ask to be removed, it did single out the requirement by the Port of Los Angeles that by 2013 all harbor trucking companies must operate with employee drivers. The Port of Long Beach program, by contrast, allows for owner-operators.
Los Angeles’ employee-driver mandate is supported by the Teamsters union because it would make it easier, and legal, for the union to attempt to organize the drivers. The American Trucking Associations opposes the employee-driver mandate and is challenging it in court as an alleged violation of federal preemption authority over interstate commerce.
The FMC is addressing the clean-trucks plans under a different body of law contained in the Shipping Act of 1984. That act seeks to prevent actions by ports, marine terminal operators or shipping lines that result in an unreasonable reduction in competition, an unreasonable increase in rates, or other anti-competitive actions in the maritime commerce of the United States. Intermodal containers are considered part of maritime commerce.
In an earlier communication with the FMC in support of the ports of Los Angeles and Long Beach, the Natural Resources Defense Council charged that the commission cannot take action against the clean-trucks plans without first performing an environmental impact study on the impact of its actions on the environment.
The FMC responded to the NRDC in an Oct. 23 letter stating that since this is an enforcement action, the commission is specifically exempted from having to perform an environmental analysis.
The FMC is expected to file its complaint with the district court by Friday. The compliant could lead to a request for a preliminary injunction. The FMC in this matter cannot block elements of the clean-truck plans under its own authority but instead must ask a U.S. court to provide the injunctive relief.