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Post by concernedguest on Dec 3, 2008 12:48:33 GMT -5
LA-LB terminal operators file clean-trucks petition
December 2, 2008 By The JOURNAL of COMMERCE ONLINE
Terminal operators at the ports of Los Angeles and Long Beach are asking the Federal Maritime Commission to review a staff decision that delays the start of the port services fee program until Dec. 17.
The program would collect a $35 per-container charge from drivers to raise money for the ports’ clean-trucks program.
In a petition filed Nov. 21, the terminal operators argue that the FMC staff wrongly determined that the agreement they filed on Nov. 3 was subject to a 45-day delay required by the Shipping Act of 1984.
The FMC's regulations waive the delay for such marine terminal agreements, except for terminal discussion agreements or conference-related agreements.
The operators contend that the agreement between the ports to implement the fee program was allowed to take effect without the delay. If the FMC requires the terminal operators to wait, it is acting arbitrarily and capriciously, the petition states.
The FMC is soliciting public comment on the petition until Dec. 15.
-- R.G. Edmonson in Washington
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