SoCal ports, terminal operators to file with FMC to discuss plans

SoCal ports, terminal operators to file with FMC to discuss plans Southern California port officials and their terminal operator tenants plan to file paperwork with the U.S. Federal Maritime Commission that will allow the groups to jointly discuss 'security and environmental programs' including the mechanics of collecting recently approved container taxes, according to Los Angeles and Long Beach port documents.
   The filing consists of an agreement between the Port of Long Beach, the Port of Los Angeles and members of the West Coast Marine Terminal Operators Agreement.
   The agreement, if approved by the FMC, will allow the three groups to meet, discuss and agree upon 'security and environmental programs such as the Transportation Workers Identification Credential and the Clean Air Action Plan,' according to port documents.
   Marine terminal operators already have antitrust immunity to coordinate actions regarding services, rates, practices and other operational decisions under the federal Shipping Act of 1984. However, the FMC requires a written request outlining the topics and actions the parties will undertake each time the immunity is desired. The port authorities are considered marine terminal operators under the Shipping Act and are required to abide by its regulations.
   According to the port documents, the plans to be discussed under the port and WTMTOA agreement would be designed to 'to improve transportation, decrease port-related emissions, and improve security.'
   Because the individual programs developed would ultimately be subject to the California Environmental Quality Act on a per case basis, the ports have determined that the agreement is exempt from CEQA requirements. Passed in 1970, CEQA requires state and local agencies to comply with it guidelines when undertaking an activity defined by CEQA as a 'project.' Normally, consideration of possible future action regarding environmental feasibility or planning studies for possible future action would fall under the CEQA definition of a 'project' and require state discretionary approval. The ports are allowed, according to the state statute, to issue a CEQA exemption based on self-determination.
   The agreement, which lasts indefinitely but can be terminated by any party with 30 days notice, was approved by Los Angeles port commissioners last week and by the Long Beach on Monday.
   Once filed with the FMC and published in the Federal Register, the agreement is subject to a 45-day review period before the FMC will consider approval.
   If approved, the ports have said they will begin conversations with terminal operators to discuss how two container taxes will be collected.
   Late last year the two ports approved a $35-per-TEU container tax set to take effect June 1. The collected funds will be used, according to the ports, to pay for the replacement of old drayage vehicles that service the port.
   Several weeks later, the ports approved an additional $15-per-TEU container tax, set to take effect Jan. 1, 2009, that will collect money for port infrastructure projects. ' Keith Higginbotham