LA/LB Clean Trucks Program : Starts on Oct 1st, LB Delays Fee, ATA Loses Appeal, FMC Launches Investigation
On September 24, 2008, the Ports of Long Beach and Los Angeles announced that they will begin their Clean Trucks Program as scheduled on October 1, 2008. The Port of Long Beach further announced that it is delaying implementation of it Clean Trucks Fee.
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In addition, on September 24, 2008, the Court of Appeals for the Ninth Circuit denied the request by the American Trucking Associations (ATA) for an injunction to prevent the Ports' Clean Truck Concession Program from going into operation on October 1, 2008.
Also on September 24, 2008, the Federal Maritime Commission announced its launch of an investigation into Long Beach and Los Angeles Ports' terminal practices related to the CTP.
Long Beach and Los Angeles Ports CTP
The Ports of Long Beach and Los Angeles will begin the CTP as scheduled on October 1, 2008.
Long Beach. The Port of Long Beach states that as of October 1, model year 1988 and older trucks will not be allowed to access Port terminals. The Port will begin distributing window stickers this week that will temporarily allow access for compliant trucks, identified through the Port's concession agreements. In a few weeks, the Port will roll out an electronic system for compliance oversight.
In addition to complying with the truck ban October 1, all trucking companies doing business with the Port must have a Port-approved concession. The concession agreements cover the rules that trucking companies must follow if they wish to do business with the Port.
Security improvements, another major component of the program, will also begin October 1. All truck drivers are required to have a Transportation Worker Identification Credential (TWIC) as part of their concession agreements or show evidence that they have applied for the TWIC.
The collection of Clean Trucks Fees from cargo owners will begin as soon as the PortCheck computer system - similar to the existing PierPass system - is operational, which is expected to be a few weeks after October 1, 2008.
The imposition of fees to help finance new trucks will be implemented in a stepped approach, adding that cargo owners are encouraged to register with PortCheck or PierPass immediately in order to claim their cargo when the Port begins assessing the fee.
Los Angeles. The Port of Los Angeles' latest release states only that its CTP, including the requirement that trucking firms have entered into a concession agreement, will take effect on October 1, 2008 as scheduled.
ATA Loses Appeal to Enjoin CTP
According to the Ports, the U.S. Court of Appeals for the Ninth Circuit's has denied the ATA's request for an injunction to prevent the Port's Clean Truck Concession Program from going into operation on October 1, 2008.
The ATA will continue to have an appeal pending from the District Judge's denial of a preliminary injunction. However, the U.S. Court of Appeals, at the same time as it denied the ATA's request for an injunction, also denied the ATA's motion to expedite its appeal. As a result, it appears unlikely that the ATA's appeal will be decided until after completion of full briefing and argument in 2009.
FMC Votes to Investigate LA/Long Beach Port Terminal Practices Related to CTP
The Federal Maritime Commission announced its initiation of an investigation to determine whether certain marine terminal practices of the Ports of Los Angeles and Long Beach violate the Shipping Act of 1984.
Among the practices cited in the FMC's Order of Investigation are the (1) employee-driver mandate; (2) incentive payments; and (3) provisions denying access to marine terminal facilities to certain harbor trucking providers. (See future issue of ITT for further details of this investigation.)
(See ITT's Online Archives or 09/23/08 news, 08092310, for BP summary of FMC's announcement of a Sept 24, 2008 meeting on the CTP.
See ITT's Online Archives or 09/16/08 news, 08091615, for BP overview of the scheduled California port container fees.
See ITT's Online Archives or 09/15/08 news, 08091500, for BP summary of FMC request for additional information on the CTP.
See ITT's Online Archives or 09/15/08 news, 08091503, for BP summary of West Coast MTO's suggesting delay in CTP fee to January 1, 2009.)
Port of Long Beach press releases (dated 09/24/08) available at http://www.polb.com/news/displaynews.asp?NewsID=451&targetid=1 and http://www.polb.com/news/displaynews.asp?NewsID=452&targetid=1
Port of Los Angeles press release (dated 09/24/08) available at http://www.portoflosangeles.org/newsroom/2008_releases/news_092408ctp9thcir.pdf
FMC press release on investigation and copy of order of investigation available at http://www.fmc.gov/speeches/newsrelease.asp?SPEECH_ID=253
Brennan's dissenting release available at http://www.fmc.gov/speeches/newsrelease.asp?SPEECH_ID=255