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FMC Dismisses Investigation of Marine Terminal Practices of Ports of Los Angeles and Long Beach

August 21, 2009

NR 09-13

CONTACT: Karen V. Gregory, Secretary (202) 523-5725; E-mail: secretary@fmc.gov

Citing a change in circumstances, the Federal Maritime Commission (FMC) announced today that, by a 3-0 vote, it determined to dismiss FMC Docket No. 08-05, City of Los Angeles, California, Harbor Department of the City of Los Angeles, Board of Harbor Commissioners of the City of Los Angeles, City of Long Beach,  California, Harbor Department of the City of Long Beach, and the Board of Harbor Commissioners of the City of Long Beach - Possible Violations of Sections 10(b)(10), 10(d)(1) and 10(d)(4) of the Shipping Act of 1984. Among the practices under investigation were the employee-driver mandate, incentive payments and provisions addressing access to marine terminal facilities to certain harbor trucking providers pursuant to the Clean Truck Programs of the Ports of Los Angeles and Long Beach.

The Commission's Order granted a motion to dismiss filed by its Bureau of Enforcement (BOE). Changed circumstances cited in support of dismissal included the grant of a preliminary injunction in unrelated U.S. District Court litigation which enjoins the employee-driver and off-street parking requirements of the concession programs. Further, the Commission noted that the Ports, on their own initiative, modified their Clean Truck Programs in such a manner as to alleviate the Commission's concerns relative to the Clean Truck Fee and Incentive programs. The Ports of Los Angeles and Long Beach filed a reply supporting BOE's request.

Dismissal of this investigation concludes the Commission's inquiry into the Clean Truck Programs at the Ports of Los Angeles and Long Beach. Acting Chairman Brennan commented that he "is pleased that circumstances allow this investigation, along with the Commission's Section 6(g) court action, to finally come to an end. The termination of these two proceedings clears the path for the Ports to continue implementation of Clean Truck Programs which will result in cleaner air." Commissioner Lidinsky, who joined the FMC on July 31st , added that he was "very pleased" that his first major vote was "to help bring this investigation to a conclusion and to allow these great ports to fashion with their transport partners green operations that could become models for others to emulate." Commissioner Dye added "I look forward to working with the Ports of Los Angeles and Long Beach to promote the continuing success of their Clean Truck Programs. I am also pleased that the Federal Maritime Commission is assisting other ports around the country to develop similar environmental programs."

Press Contact: Karen V. Gregory (202) 523-5725; e-mail: secretary@fmc.gov