Post by HardTimeTrucker on Oct 30, 2008 23:07:53 GMT -5
The Cunningham Report
FMC Will Ask Court To Do Surgery On Clean Truck Programs
10/29/2008
By George Cunningham
The Federal Maritime Commission announced today that it will go to court to block implementation of some anti-competitive elements of the Clean Truck Programs at the Port of Los Angeles and the Port of Long Beach. Among the elements the FMC wants to see removed is the Port of Los Angeles requirement for drayage companies to phase out all owner-operators over the next five years. The Port of Long Beach has no such employee-driver requirement.
"In authorizing this action, the Commission appreciates the potential environmental and public health goals of the "Ports' CTP and recognizes that some transportation cost increases may be necessary to generate clean air and public health benefits," said an FMC press release issues after a closed-door meeting of the board. "However, the Commission concluded that the reduction in competition resulting from certain agreement-related activities will result in substantial transportation cost increases, beyond what is necessary to generate the public benefits asserted by the Ports.
"The Commission believes that surgical removal of substantially anti-competitive elements of the Agreement, such as the employee-mandate, will permit the Ports to implement on schedule those elements of the CTP that produce clean air and improve public health."
The Commissioners authorized staff to file a complaint in U.S. District Court for the District of Columbia to enjoin aspects of the agreement between the two ports and terminal operators, including the exclusive use of employee drivers.
The decision was not unanimous. Commissioners Harold Creel and Rebecca Dye voted for the action. Commissioner Joseph Brennan dissented.
FMC Will Ask Court To Do Surgery On Clean Truck Programs
10/29/2008
By George Cunningham
The Federal Maritime Commission announced today that it will go to court to block implementation of some anti-competitive elements of the Clean Truck Programs at the Port of Los Angeles and the Port of Long Beach. Among the elements the FMC wants to see removed is the Port of Los Angeles requirement for drayage companies to phase out all owner-operators over the next five years. The Port of Long Beach has no such employee-driver requirement.
"In authorizing this action, the Commission appreciates the potential environmental and public health goals of the "Ports' CTP and recognizes that some transportation cost increases may be necessary to generate clean air and public health benefits," said an FMC press release issues after a closed-door meeting of the board. "However, the Commission concluded that the reduction in competition resulting from certain agreement-related activities will result in substantial transportation cost increases, beyond what is necessary to generate the public benefits asserted by the Ports.
"The Commission believes that surgical removal of substantially anti-competitive elements of the Agreement, such as the employee-mandate, will permit the Ports to implement on schedule those elements of the CTP that produce clean air and improve public health."
The Commissioners authorized staff to file a complaint in U.S. District Court for the District of Columbia to enjoin aspects of the agreement between the two ports and terminal operators, including the exclusive use of employee drivers.
The decision was not unanimous. Commissioners Harold Creel and Rebecca Dye voted for the action. Commissioner Joseph Brennan dissented.