LA/LB Ports Set to Begin Collecting Clean Trucks Fee Starting February 18th
The Ports of Long Beach and Los Angeles have issued news releases announcing that that they are scheduled to begin collecting the Clean Trucks Fee on February 18, 2009.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
(Under the Clean Trucks Program1, the cargo owner is responsible for paying the CTF. According to the news releases, the fee is designed to be paid by credit card or electronic funds transfer, and must be paid before a container can enter or leave the terminal.
The CTF is slated to be $35 per loaded TEU (20 foot equivalent) on containers that move through the terminals. Cargo moved via on-dock rail is not included. Certain diesel trucks with newer engines, as well as certain alternative fuel trucks may be exempt from the CTF (depending on the port).)
CTF Twice Delayed Due to FMC Review
The collection of the CTF was scheduled to begin in November 2008, but was delayed twice due to Federal Maritime Commission (FMC) review.
System to Collect Fees is Under FMC Review
In November 2008, the ports filed with the FMC their PortCheck agreement (FMC Agreement No. 201199) with private terminal operators, who would develop and operate an online and electronic gate access system to collect the ports' $35 CTF.
After the PortCheck agreement was filed with the FMC, the commission ordered a review of the agreement, which is scheduled to conclude on February 13, 2009.
According to CTP sources, if PortCheck2 is not available to collect the fees due to FMC action, the ports will be collecting the fees on site.
CTF Expected to Raise $1 Million Per Day
The CTF is expected to raise about $1 million a day or about $1 billion over the next few years at both San Pedro Bay ports to help finance the replacement of many of the 17,000 trucks that are a leading source of air pollution in Southern California.
1Note that the FMC has filed a lawsuit to block portions of the CTP as anti-competitive. U.S. District Court Judge Leon said he would not rule on the FMC's request for a preliminary injunction until sometime in 2009. Also pending Judge Leon's decision is the ports' motion to dismiss the FMC's complaint.
2Cargo owners can visit the PortCheck page at http://www.portcheck.org or http://www.pierpass-tmf.org for updates. Cargo owners that are already registered in PierPASS offpeak terminal access system will automatically be uploaded into PortCheck. Cargo owners that are automatically uploaded from PierPASS into PortCheck will first have to accept the terms and conditions of PortCheck before their account will be extended into PortCheck.
(See ITT's Online Archives or 11/17/08 news, 08111710, for BP summary of the ports delaying the collection of the CTF for the second time, with links to other CTF notices.
See ITT's Online Archives or 12/21/07 news, 07122105, for BP summary of the ports approving the CTF.
See ITT's Online Archives or 01/20/09 news, 09012035, for most recent BP summary on the FMC's review of PortCheck.)
Long Beach news release (posted 01/21/09) available at http://www.polb.com/news/displaynews.asp?NewsID=501&targetid=1
Los Angeles news release (dated 01/22/09) available at http://www.portoflosangeles.org/newsroom/2009_releases/news_012209_ctp_fee.pdf