Kenworth's local haul hybrid and more
Journal 14 Commercial Carrier Journal November 2008 n last month sent a final driver hours-of-service regulation the third in five years to the White House for review. Details will not be disclosed until the Office of Management and Budget completes its review and the rules are published in the Federal Register. Four other Federal Motor Carrier Safety Administration rulemakings final rules on intermodal equipment, new entrant fitness and medical certification; and a proposed rule to establish a National Registry of Certified Medical Examiners also were under OMB review. n was expected on Oct. 24 to issue two draft regulations that would require an aggressive phaseout of large trucks with pre-2007 emissions diesel engines and mandate the adoption of fuel-saving measures on certain tractors and trail-ers. Comments were to be due in early December. For more information, go to www.arb.ca.gov. n soliciting recommendations for short sea transportation routes to be desig-nated as marine highway corridors and is seeking applications from interested parties to participate in a short sea transportation project. The initiative was established by the Energy Independence and Security Act of 2007. U.S. Deputy Secretary of Transportation Thomas Barrett said the marine high-ways would be eligible for up to $25 million in existing federal capital con-struction funds. For more information, go to www.regulations.gov and search Docket No. MARAD2008 0096. n new trucks now are exempt from the cal-culation of the 12 percent excise tax under a measure Congress adopted as part of last month's financial bailout package. in brief T he American Trucking Associations failed to secure an expedited injunction to block the concession agreements implemented by the Port of Los Angeles and the Port of Long Beach on Oct. 1, but the group is continuing the challenge through the more routine litigation process with some high-powered help: the U.S. Department of Justice. In a filing with the U.S. Court of Appeals for the Ninth Circuit, the Justice Department addressed the question of whether the regulation of motor carrier operations at the ports violates federal law that preempts state and local laws that impact motor carrier rates, routes and ser-vices. The district court ruled that the plans directly affected motor carrier rates, routes and services, but it found them to be protected from preemp-tion because they generally advanced port safety and security interests. While the federal preemption provision exempts state regulation of motor vehicle safety, the Justice Department argued that motor vehicle safety is a circumscribed realm that does not encompass requirements loosely based in a general notion of public safety. The district court's broad view on the issue would permit the excep-tion to swallow the rule, the department said. Several aspects of the concession plans clearly have no relationship to motor vehicle safety, including prohibiting the use of independent contractors and imposing financial oversight of carriers granted concessions, the Justice Department said. With the courts refusing to block the concession agreements initially, 598 compa-nies had signed up as of Oct. 1 to participate in the concession program. The district court held that carriers would not suffer irreparable harm because they could seek damages if they later win on the merits. But ATA argues in its appeal that securing individual damages would be difficult, if not impossible, and that forcing companies to either accept the illegal terms or stop doing business at the ports is itself irrepa-rable harm. ATA isn't challenging other elements of the Clean Truck Program that went into effect Oct. 1. The program immediately banned trucks built before 1989 more than 10 percent of port trucks as of Oct. 1 and requires that all trucks meet 2007 emissions standards by 2012. U.S. backs ATA on ports' concession plans Los Angeles/Long Beach plan takes effect as ATA fights on The Justice Department addressed the question of whether the regulation of motor carrier operations at the Port of Los Angeles, shown, and Port of Long Beach violates federal law that preempts state and local laws that impact motor carrier rates, routes and services.