Transportation Coalition Opposes Exempting Trucking from FAAAA
On May 5, 2010, the Clean and Sustainable Transportation Coalition sent a letter to leaders of the House Transportation and Infrastructure Committee’s Highways and Transit Subcommittee1 urging them to reject efforts to re-write the trucking rules in the Federal Aviation Administration Authorization Act.
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The Coalition’s letter was in response to the Subcommittee May 5, 2010 hearing to address the Los Angeles and Long Beach (LA/LB) Clean Trucks Program (CTP) and possible amendments to the federal trucking rules codified in the FAAAA.
(The Port of Los Angeles, the Teamsters, and environmental groups support amending the FAAAA to allow States and localities to preempt federal law and condition entry to a port facility for the purpose of improving environmental, safety, security, or congestion conditions. The ATA, most licensed motor carriers, and others oppose the Port of LA’s requirement for a concession agreement, including the use of employee drivers, and oppose an amendment to Federal law to allow them.2)
Coalition Says LA/LB Clean Trucks Program Succeeded Without Preemption
The Coalition asserts that amending the FAAAA would be detrimental to interstate commerce and U.S. competitiveness. (Coalition members include the American Trucking Associations, American Association of Exporters and Importers, National Customs Brokers and Forwarders Association of America, National Association of Manufacturers, etc.3)
The Coalition characterizes the effort to remove federal preemption of local and state rules in interstate commerce as an attempt to overturn losses in the federal courts restricting local regulation of truck drayage services. The Coalition adds that the LA and LB Ports have achieved success with their CTP without changes to federal regulations.
Hearing is Committee’s First Step in Determining if Law Needs Amendment
During the May 5, 2010 hearing, House Transportation and Infrastructure Committee Chairman Oberstar stated in his opening statement that the hearing is the first step in the Committee’s examination of the multifaceted problem facing the Ports of LA/LB, and to determine whether a change to Federal motor carrier law is warranted. Oberstar noted that there needs to be a balance between giving ports the ability to develop proactive solutions to unique, local problems that do not impede competition and the free movement of goods.
In his opening statement, Subcommittee Chairman Fazio noted that while the LA/LB CTP is designed to reduce emissions and improve air quality at the ports, it has also attempted to change the relationship between port and motor carrier.
1Subcommittee Chairman Fazio and Ranking Member Duncan.
2As stated in the House Transportation and Infrastructure Committee Highways and Transit Subcommittee summary for its May 5 hearing.
344 associations, including the American Association of Exporters and Importers, National Customs Brokers and Forwarders Association of America, American Trucking Associations, National Association of Manufacturers, Coalition of New England Companies for Trade, National Retail Federation, National Industrial Transportation League, U.S. Association of Importers of Textiles and Apparel, U.S. Chamber of Commerce, and World Shipping Council.
(See ITT’s Online Archives or 07/30/09 news, (Ref: 09073020), for BP summary of a July 2009 letter (signed by many of the same members as the Coalition) to the House Transportation and Infrastructure Committee on this issue.)
Hearing statements, hearing video available at http://transportation.house.gov/hearings/hearingDetail.aspx?NewsID=1161.
Coalition letter (dated 05/05/10) available at https://www.apparelandfootwear.org/userfiles/file/letters/2010/050510faaaaltr.pdf