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Oct 7, 2010

RULES & REGULATIONS * USA - FMCSA says CSA intervention estimates too high

Washington,DC,USA -Fleet Owner, by Jim Mele - Oct 5, 2010:  --  Estimates that CSA 2010 safety warning letters will go out to over half of all carriers with Dept. of Transportation registration numbers when the program goes into full effect in December are “way too high,” according to an official from the Federal Motor Carrier Safety Administration...   The DOT has over half a million carriers in its records, but FMCSA analysis show that only about 50,000 have violations that would trigger a letter or other intervention step when the safety program goes into effect, according to Brian Price, the agency’s sr. transportation specialist managing the CSA’s field operations...   Warning letters are intended to notify a fleet that is “deficient,” that is its violations cross a threshold, in one of seven BASIC (Behavior Analysis and Safety Improvement Category) measures. The letters urge fleets to log on to FMCSA’s safety records website to review their violations and correct any inaccurate information, as well as to devise a plan to address the problem. The letters require no formal response from fleets receiving them, but FMCSA will continue monitoring the fleet as it recalculates BASIC scores on a monthly basis, and has a number of new “interventions” it can employ to address fleet safety issues...   On Dec. 5, CSA 2010 will turn on its new Safety Measurement System (SMS) and become trucking’s new Federal safety monitoring program, replacing SafeStat. It will also drop the 2010 designation and be known simply as CSA...   Price urged fleets that would like a preview of their BASIC scores to visit the agency website specifically created to let them review their DOT records...


* California - Ballot question would suspend GHG emissions rule

Sacramento,CAL,USA -Land Line Magazine -October 6, 2010: -- One issue on next month’s statewide ballot in California is a question to decide whether to suspend implementation of a much ballyhooed greenhouse gas law. Leadership of the Owner-Operator Independent Drivers Association supports passage of the question... Approved in 2006, the law allows the California Air Resources Board to create many new regulations. Specific to trucking, CARB was given the authority to formulate several trucking regulations aimed at curbing greenhouse gas emissions, including the state’s drayage rule, and truck retrofit rule... The law, known as AB32, is intended to cap greenhouse gas emissions at 1990 levels by 2020... Proposition 23 would tie implementation of the four-year old law to California’s unemployment rate. If approved, the emissions requirement would be suspended until the unemployment rate is 5.5 percent or less for a full year... (Photo from bulkgypsum: Gypsum Los Angeles Port)


* Port of Los Angeles begins charging $2,500 concession fees

Los Angeles,CAL,USA -Land Line Magazine, by Charlie Morasch -October 6, 2010: -- The Port of Los Angeles has begun charging $2,500 concession fees for companies that do business at the port... The port began charging the $2,500 fee on Friday, Oct. 1, a port spokesman told on Wednesday, Oct. 6. It has enforced a $100 per truck fee since February, spokesman Phillip Sanfield said... The port worked with OOIDA to create a day-pass system that allows trucks engaged in long-haul to bypass the system... Day passes cost $30. Truck drivers must also purchase a $95 RFID that should last several years. The passes are good for 24 hours of a specific day. One individual can obtain 24 of them in a 12-month period, and they can be used at either the Port of Los Angeles or the Port of Long Beach...


* California - Trade Court Rules to Protect Brokers. Customs may not revoke entry filer code without due process

San Diego,CAL,USA -The Journal of Commerce Online, by R.G. Edmonson -Oct 6, 2010: -- Customs and Border Protection may not revoke a broker's entry filer code without providing some form of due process, the U.S. Court of International Trade ruled on Monday...   USCIT Judge Richard K. Eaton ruled Customs officials in San Diego in October 2008 improperly deactivated customs broker Guillermo Lizarraga's filer code for alleged "misuse" without stating the reasons, and giving him no chance to respond...   Brokers need the code to electronically file entries through the Automated Broker Interface in the Automated Commercial System. Ninety-six percent of all entries are made through ABI, so loss of the filer code effectively puts a broker out of business...   As the case progressed through court, Customs admitted it had no basis in fact for deactivating Lizarraga's filer code, and asked that the case be declared moot...   Purcell said Customs will likely develop a procedure for filer code cases that gives brokers the chance to respond to Customs' claims of misuse, but they will not be entitled to the same formal process Customs uses to revoke a license... (Photo from bulkgypsum: San Diego Port)

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