FMC Dismisses Investigation of LA/LB Marine Terminal Practices, Including Certain Provisions of Clean Truck Programs
The Federal Maritime Commission has determined (by a 3-0 vote) to dismiss its investigation as to whether certain Ports of Los Angeles and Long Beach marine terminal practices violate Section 10 of the Shipping Act of 1984 (Docket No. 08-051), citing a change in circumstances.
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Provisions of Clean Trucks Program Were Under Investigation
Among the practices under investigation were the employee-driver mandate, incentive payments and provisions addressing access to marine terminal facilities to certain harbor trucking providers pursuant to the Clean Truck Programs of the Ports of Los Angeles and Long Beach.
Changed Circumstances Cited Included the Ports' Modifying Their Programs
Changed circumstances cited in support of dismissal included the grant of a preliminary injunction in unrelated U.S. District Court litigation which enjoins the employee-driver and off-street parking requirements of the concession programs.
Further, the FMC noted that the Ports, on their own initiative, modified their Clean Truck Programs in such a manner as to alleviate the FMC's concerns relative to the Clean Truck Fee and incentive programs.
Dismissal Concludes FMC's Inquiry into the Clean Truck Programs
Dismissal of this investigation concludes the FMC's inquiry into the Clean Truck Programs at the Ports of Los Angeles and Long Beach.
1The complete title of Docket No. 08-05 is "City of Los Angeles, California, Harbor Department of the City of Los Angeles, Board of Harbor Commissioners of the City of Los Angeles, City of Long Beach, California, Harbor Department of the City of Long Beach, and the Board of Harbor Commissioners of the City of Long Beach - Possible Violations of Sections 10(b)(10), 10(d)(1) and 10(d)(4) of the Shipping Act of 1984."
(See ITT's Online Archives or 08/14/09 news, 09081499 3, for BP summary of FMC meeting on August 19, 2009 to discuss, among other things, Docket No. 08-05.
See ITT's Online Archives or 08/03/09 news, 09080399 4, for BP summary of FMC granting a motion to dismiss this investigation.)
FMC contact: Karen Gregory (202) 523-5725
FMC press release (NR 09-13, dated 08/21/09) available at http://www.fmc.gov/speeches/newsrelease.asp?SPEECH_ID=284