FMC to possibly derail Oct. 1 Clean Truck Plan implementation date?
September 24, 2008 by SwizStick
Filed under Seafreight
This is an interesting twist to an already complex situation. The FMC apparently has sent a letter warning the ports of LA and Long Beach that they still need to supply documentation to the FMC for government review before they can proceed. Via American Shipper:
In a letter to attorneys for the ports and the West Coast Marine Terminal Operators Agreement, the FMC said the Southern California marine terminal operators should not implement portions of the truck plan as mandated by the ports until port officials amend two previous antitrust agreements with the commission to reflect all ports-approved details of the truck plan.
“Any such agreements must be timely filed with the commission to allow for the review and analysis,” the FMC said in the letter. “Such provisions should not be implemented … prior to such filings with the commission.”
Given the FMC’s typical two-month time frame to review even expedited agreements, the letter raises further questions of whether the ports would be able to make the plan’s proposed Oct. 1 start date.
Apparently the FMC was expecting to receive more information as discussions between the ports and terminal operators were progressing and they didn’t. While it’s not a rejection of the ports plans, it certainly throws yet another wrench into that October 1st implementation date and possibly provides more ammo for the ATA lawsuit against the overall plan.



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