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Commissioner Brennan Dissents from Majority Vote to Deny Expedited Review of Los Angeles/Long Beach Port Fee Services Agreement

January 16, 2009

In the January 14, 2009 meeting of the Federal Maritime Commission, Commissioner Joseph E. Brennan voted in opposition to a motion denying the Agreement parties' request for expedited review for the Port Fee Services Agreement, FMC Agreement No. 201199. The City of Los Angeles, the City of Long Beach, and the various individual marine terminal operators at the ports had requested that the Commission expedite its review of the agreement so that it could take effect immediately.

Commissioner Brennan made a motion to grant that request, believing that he has all the information needed at this time to evaluate the agreement. Brennan believes that the action taken by the Ports is a reasonable approach to cleaning up the air, expanding economic opportunity, and creating jobs.

Commissioner Brennan has consistently supported the overall Clean Trucks Program of Los Angeles and Long Beach. The refusal by the Commission majority to expedite its review of the Port Fee Services Agreement represents the sixth time that the majority has voted to, in effect, delay or block aspects of the Ports' environmental program.

In Brennan's view, it was important that the Commission allow the Port Fee Services Agreement to take effect as soon as possible, in part because the agreement provides for the collection of fees to subsidize the purchase of clean trucks needed to improve air quality.