NRDC, SoCal ports warn FMC not to block truck program

NRDC, SoCal ports warn FMC not to block truck program The National Resources Defense Council has filed documents with the Federal Maritime Commission warning the agency against blocking portions of the Southern California ports' truck re-regulation program without performing environmental impact analyses of the program.
   NRDC, which is also a defendant in a trucking industry group's federal suit seeking to block the truck program, told the FMC in an Oct. 14 filing that the federal Clean Air Act, Energy Policy and Conservation Act, and National Environmental Policy Act require the analyses. The environmental group also contends that any action to halt the truck program might also violate the federal Administrative Procedures Act.
   The FMC is investigating the truck program, partially implemented by the ports of Long Beach and Los Angeles on Oct. 1, for possible violations of the Shipping Act of 1984. The commission is expected to review the NRDC filing during a closed session portion of its Oct. 29 meeting.
   FMC officials, who asked not to be identified, said the commission is solely interested in the truck program's possible violations of interstate commerce laws and is not looking at environmental components of the program.
   The truck program seeks to reduce ports-generated diesel emission by replacing older trucks servicing the ports and attracting new motor carriers which already own newer vehicles. One component of the plan, a requirement that trucking firms apply for and obtain an access license from the ports, has drawn the ire of the trucking industry and resulted in a federal suit against the plan by the American Trucking Associations.
   The ports contend that the truck plan is needed to cut pollution, improve security and stabilize the local drayage industry.
   The NRDC filing mirrors similar comments presented to the FMC in an Oct. 14 filing by the two ports. The ports also contend in their filing that the FMC does not have the expertise or the jurisdiction to review the entire truck program.