Tuesday, July 28, 2009

Transportation/logistics: National Retail Federation leads opposition to seaport drayage regulation

In a remarkable demonstration of solidarity, scores of shippers’ associations have come together to champion a single cause: rejection of a change to federal trucking laws.

“We understand that a campaign is underway to persuade Congress to grant to local governments the ability to regulate the harbor drayage industry to address environmental and port security matters,” stated a letter from the National Retail Federation (NRF) to Rep. James Oberstar, D-Minn. “While we strongly support efforts to improve air quality and port security in and around America's ports, the effort to undermine federal preemption of interstate commerce is an attempt to overturn losses in the federal courts restricting local regulation of truck drayage services.

Oberstar, who chairs the Committee on Transportation, was warned that legislation eliminating the federal preemption of state and local regulation of foreign and interstate commerce would not improve air quality or port security in and around the nation's ports, “but will re-impose a fragmented, local, patchwork regulatory structure on foreign and interstate commerce, contrary to the U.S. Constitution and acts of Congress.”

Joining the NRF in this appeal are National Association of Manufacturers, The National Industrial Transportation League, The Waterfront Coalition and more than 30 other lobbying groups. Together, they oppose new laws proposed by the Port of Los Angeles and others that would exempt harbor drayage from preemption under the Federal Aviation Administration Authorization Act.

House Committee spokesman, Jim Berard, said in an interview that the letter has not been widely circulated among committee members yet, and that a position or statement has yet to be issued.

As reported in LM, the issue of exempting port trucking services from federal preemption emanated with the Port of Los Angeles' claim that ocean cargo gateways should be

allowed to regulate interstate trucking services in order to improve air quality and port security in the aftermath of 9/11. Shippers argue that the supporters of this special exemption are only seeking to change federal law in response to a series of unfavorable legal decisions restricting their authority over port drayage operations and to undermine ongoing litigation in this area.

Read the rest of the logisticsmgmt.com article here.