AgTC & PCC Update: IWLU-PMA Reach Tentative Agreement; FMC Actions Increase; etc

Evey Hwang, CBFANC Board Chair

 
One year after Ocean Shipping Reform Act (OSRA), Federal Maritime Commission is more engaged than ever.  Lucy Marvin, Managing Director at FMC gave a robust update on carrier enforcements and increased assistance to shippers.  By the end of summer, FMC will sent out additional rules for Section 7 and 8 for negotiating/documentation with carriers and invoicing shippers (within 30 days, swift refunds on disputed charges).  Supplementing Ms. Marvin's outreach from DC, three FMC representatives gave details on CADRS (complaints) process.   Attendees also welcomed, in-person, FMC Commissioner Max Vekich addressing export concerns and supplemental actions to assist shippers. 
 
Back at Oakland, some concerning updates shared by PMSA.  One action is CBFANC added our support to any redevelopment of Howard Terminal - which "state lands" status was opened up by BCDC through that Oakland As "MLB ballpark with condos" - to have input from rail and maritime stakeholders. 
 
The second action shared from PMSA with our Tuesday PCC calls with Peter Friedmann and Lalo Acosta is a huge concern on California Air Resources (see article from John McLaurin, President of PMSA on the proposed Indirect Source Rule (ISR))
 
With respect to the port ISR, why should Pacific Coast Council members care?  Under this proposed rule there would be two requirements: the ports of LA/LB would be required to meet a port-wide mass emissions cap; and each terminal would have to meet their own individual emissions cap.  Terminals will be expected to control emissions from marine terminal equipment, locomotives, vessels, tugs, pilot boats and trucks.  Many of these entities the terminals do not have a contractual relationship.  Control of emissions would be done by enacting a “terminal-specific max TEU throughput” – a cap on cargo volume; “routing cleaner ships through coordination with customers and ocean carrier under parent corporate control; require clean air actions from customers that have contractual agreements with terminal.”  It is an effort by the air district to reduce NOx emissions, and vessel emissions, including those in-transit.  Please note, the SCAQMD enacted a warehouse indirect source rule that is expected to cost warehouses and distribution centers approximately $1 billion per year. 
 
During our busy Tuesday PCC call, we also heard from Rich Roche, Transportation Committee NCBFAA on rail demurrage.  A copy of the draft summary on the actions proposed as well as the legislation from CA Representative Garmendi is attached for review. 
 
CBFANC is grateful to Peter Friedmann and Lalo Acosta for their leadership on and encourage tuning in to Pacific Coast Council's calls.  Informative and essential on trade/port news and updates. 
 
Link to Coalition letter to CTC:
https://mail.google.com/mail/u/0?ui=2&ik=4aedc42999&attid=0.1&permmsgid=msg-f:1769993496477752298&th=189047b50c4edbea&view=att&disp=safe&realattid=f_ljgd4jix0
Link to draft summary on rail storage charges:
https://mail.google.com/mail/u/0?ui=2&ik=4aedc42999&attid=0.2&permmsgid=msg-f:1769993496477752298&th=189047b50c4edbea&view=att&disp=safe&realattid=f_ljgdmr4f1
Link to draft of legislation by Rep. Garamendi, re:  Rail demurrage charges
https://mail.google.com/mail/u/0?ui=2&ik=4aedc42999&attid=0.3&permmsgid=msg-f:1769993496477752298&th=189047b50c4edbea&view=att&disp=safe&realattid=f_ljgdsi8q2

CBFANC Newsletter - copy of June 2023 - Info Expeditor

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