The Federal Maritime Commission Newsroom

News

FMC Grants Early Clearance to Ports/Terminals Agreement

June 13, 2008

NR 08-07

CONTACT: Florence A. Carr, Director, Bureau of Trade Analysis, (202) 523-5796

The Federal Maritime Commission announced today that it has concluded review of the Los Angeles/Long Beach Port/Terminal Operator Administration and Implementation Agreement ("AIA"). The Commission determined to grant expedited review of the agreement, as requested by the agreement parties, allowing the AIA to take effect as of Friday, June 13, 2008.

The AIA contemplates future discussions to determine the extent to which the terminal operators will administer certain aspects of the San Pedro Ports Clean Trucks Program, and the AIA Parties have not yet agreed on implementation of any program referenced thereunder. Accordingly, the Commission concluded that there was no basis at this time to determine that the AIA is likely to result in an unreasonable increase in transportation costs or decrease in transportation services. The Commission noted that its decision today does not foreclose future actions with respect to the AIA, or these Parties' activities under other related agreements, that may contravene the Shipping Act of 1984 ("Shipping Act").

In announcing the Commission's action, Florence A. Carr, Director of the Commission's Bureau of Trade Analysis stated: "The Shipping Act directs the Commission to evaluate the potential impacts of all agreements, both prior to their effectiveness and on an ongoing basis. Under these statutory requirements, further agreements reached pursuant to the AIA, and those related agreements of the Ports of Los Angeles and Long Beach, must be timely filed with the Commission to allow for the competitive review and analysis required by Congress. In addition, the Commission evaluates individual or joint activities to prevent or redress any concerns with respect to statutorily prohibited acts enumerated in section 10 of the Shipping Act. Today's decision letter has again emphasized to the Parties the need to immediately file with the Commission all substantive aspects of the Clean Truck Programs."

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