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CLEAN TRUCKS PLANS * USA - FMC Says Ports’ Clean Plans Under Its Jurisdiction
Long Beach,CA,USA -The Cunningham Report -18 Jan 2009: -- The Federal Maritime Commission last week filed its reply to separate motions filed in December by the Port of Los Angeles and the Port of Long Beach asking federal Judge Richard Leon to dismiss the agency's case against the two ports over their Clean Truck Programs. Despite claims by the ports, their Clean Truck Programs are clearly within FMC jurisdiction, the agency argues in its filing... The FMC approved a discussion agreement between the two ports so they could harmonize their approach to cleaning up the fleet of drayage trucks that service port terminals. But it took the ports to court after maritime officials found the final Clean Truck Programs to be anticompetitive and likely to unreasonably raise the cost of transporting goods... The ports argue in their filings, however, that the two issues that the FMC most strongly objects to are the Port of Los Angeles requirement to phase in a ban on owner-operators and that port's offer of incentive payments to trucking companies that have purchased clean trucks and plan to use them in port drayage. Long Beach has rejected both of those requirements in its plan, so there is no agreement between the two ports on those points... The two ports have also approved different fee structures for which trucks must pay the Clean Truck container fees and which trucks are exempt... Since the ports disagree on these issues, they are not a result of any discussion agreement and the FMC has no standing to seek an injunction, the ports argue in calling for a dismissal...
Labels: clean trucks plans
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