Tuesday, February 9, 2010

DOT Chief Addresses First National Port Summit

The nation's top transportation official, speaking to a gathering of United States port officials on Friday, said that the agency believes the nation's maritime hubs can play a central role in the overall economic recovery.

US Department of Transportation Secretary Ray LaHood also announced a $600 million investment grant program aimed at helping port authorities and other local entities achieve the goal.

"I consider the ports to be the real economic engines all over America," said the Secretary.

LaHood's comments came at the first National Port Summit, a two-day event, organized by the federal government, which drew nearly 100 officials from more than 50 domestic port authorities.

The goal of the summit was to figure out ways to create and fund a national port system, much like the domestic system for ground freight movement.

"People have got to be willing to set aside their own agendas and own egos and work together," said LaHood.

Port of San Diego President/CEO Charlie Wurster told the attendees that while the 361 ports in the US compete with each other for market share, they have a collective interest in a national port system.

"We're talking about the infrastructure to make the goods flow better across the wharf and into our transportation networks of either rail or highway," said Wurster.

Attendees at the summit will submit recommendations developed at the event to the DOT for further consideration.

tags: DOT, Port of San Diego

NRF-Led Coalition Urges DOT to Block F4A Changes

A confederation of 31 retail, shipping and business industry groups has urged the United States Department of Transportation in writing to oppose moves by several port, labor and environmental groups to change federal trucking de-regulation laws.

"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," the National Retail Federation, writing on behalf of the other industry groups, said in the letter. "If successful, these efforts will 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 US Constitution and acts of Congress."

The National Retail Federation, writing on behalf of the other groups, urged DOT Secretary Ray LaHood to resist Congressional lobbying efforts by several ports including Los Angeles and New Jersey/New York to change the Federal Aviation Administration Authorization Act (F4A) of 1994, which give the federal government sole authority when it comes to motor carrier routes, rates and services. As part of the federal government's de-regulation of the trucking industry that began in the late 1970s, the F4A language was passed to prevent the creation of a patchwork of local regulations much like that which existed prior to de-regulation.

The national lobbying effort to change F4A was started by the Port of Los Angeles last year after several federal court decisions prevented port officials from imposing employee-only labor regulations on local drayage truckers. The regulations were part of a truck program that began development in 2006 as an effort to upgrade the drayage fleet and cut diesel emissions. Political intervention soon morphed the truck program from a clean air program into a social engineering effort that sought to completely transform the labor component of the local trucking industry and in doing so make it easier for drivers to be unionized. Two federal courts later determined that the port could not mandate such regulations, citing federal preemption of interstate commerce.

"The Port of Los Angeles, the National Resources Defense Council, and the [International Brotherhood of] Teamsters seek to expand the exceptions to federal preemption legislatively in order to accomplish by statute an objective that the Courts found to be currently unlawful," said the NRF letter. "In fact, the Court of Appeals recognized that federal preemption of interstate trucking services was designed to prevent a patchwork of burdensome state and local trucking rules as would be created by the Port of Los Angeles’ concession plan."

Proponents of the lobbying effort, such as the NRDC, the Teamsters and the ports, believe that the sixteen-year-old F4A is "archaic" and "outdated" legislation and should be changed to allow local authorities to set environmental, labor, and safety/security regulation for locally-servicing trucks.

Analysts: Import Volumes to Rise 25% in First Half of 2010

Analysts are predicting import cargo volume at the nation’s major retail container ports, including those in Long Beach, Los Angeles, Oakland, Seattle and Tacoma, will increase 25 percent during the first half of 2010 compared with the same period a year ago.

The predictions, contained within the monthly Global Port Tracker report released Monday by the National Retail Federation and Hackett Associates, differed sharply from the view of some economists that are predicting a W-shaped economic recovery– with another dip in the economy following a slight uptick.

“This forecast assumes that we are not in a double-dip recession and that a recovery is underway,” said Hackett Associates founder Ben Hackett. “Although 2009 saw decreased import activity levels, the forecast for 2010 points towards growth.”

US ports covered in the report handled 1.09 million TEUs in December, the latest month for which actual numbers are available. In addition to the West Coast ports, the report also covers the East Coast ports of New York/New Jersey, Hampton Roads, Charleston and Savannah, as well as the Port of Houston on the Gulf Coast.

The December import numbers were unchanged from November but up 2.6 percent from December 2008, breaking a 28-month streak during which monthly totals at the ports covered were lower than the same month the year before. The ports ended 2009 with a total import volume of 12.7 million TEU, a 17 percent dip from the 15.2 million TEU handled in 2008 and the lowest import volume numbers since the 12.5 million TEUs reported in 2003.

Despite the year-end decline in total import volume, the Global Port Tracker predicted that January import numbers would increase to 1.19 million TEUs, a 17 percent increase over the year-ago period, and February import would climb 30 percent of the same period in 2008 to 1.1 million TEUs.

March import numbers are forecast at 1.18 million TEUs, up 23 percent, April is forecast at 1.25 million TEUs, up 27 percent, May at 1.3 million TEUs, up 26 percent, and June at 1.38 million TEUs, up 36 percent.

These estimates would put total import volumes for the first six months of 2010 at 7.4 million TEU, up 25 percent from the January to June period last year.

“This is a dramatic turnaround over what we’ve seen during the past two years,” NRF Vice President for Supply Chain and Customs Policy Jonathan Gold said. “Increases in import volumes don’t correspond directly with dollar volumes in sales, so caution has to be exercised when looking at these numbers. But retailers are clearly expecting to move more merchandise this year.”

What a Difference a Year Makes: 
The Ports of LA/LB 
Put 2009 Behind Them

By Keith Higginbotham

In retrospect, 2009 may go down as the “year of pain” for the shipping industry. 

While some in January 2009 were looking wearily at the coming year, no one, especially officials at the Southern California ports of Long Beach and Los Angeles, anticipated the truly rough seas ahead.

As the year played out and the global economic crises that started in the third quarter of 2008 spread, the entire industry that the two ports serve contracted violently. Ocean carriers began laying up vessels while reporting loses in the hundreds of millions of dollars, rail traffic reached the lowest point in more than 20 years, and reports of terminals down 30 percent in container moves were not uncommon. Even the usually bulletproof longshoremen experienced such a shortage of work that veteran “A” card dockers were having trouble finding assignments.

But they say “that which does not kill you, makes you stronger.”

Judging by the attitude of officials at the Southern California ports, the saying might be right.
Still, after a year of such struggle, officials at the ports of Long Beach and Los Angeles, the two busiest container ports in the Western Hemisphere, are happy to see 2009 sinking out of sight and 2010 looming brightly ahead.

Mid-way through his first year as president of the Long Beach Harbor Commission, Nick Sramek set down four specific goals for the port in 2010.

“The first is jobs and the economy. The second is the environment. The third is our relationships and the fourth is looking at a future port,” said Sramek.

These are not the single-minded goals of a port fighting for survival, these are the goals of a port who is shouting “we have survived.”

At the Los Angeles port, officials took a more pragmatic view of the future.

“We are cautiously optimistic about 2010, hoping that consumer confidence will start improving inbound volumes and the market recovery overseas will continue to drive our export volumes.” said Los Angeles Port Executive Director Geraldine Knatz.

Despite the weariness that will fill the history books about the past year, the ports did manage some major accomplishments during 2009.

Trucking
If nothing else, the two ports were consumed during the past year with their so-called Clean Truck Program. The CTP, which took effect in October 2008, was designed to reduce ports-generated diesel emissions from ports-servicing trucks that haul containers.

The original truck plan, developed and envisioned as a single plan for both ports, eventually morphed into two distinct versions, with each port seeking to approach the truck pollution problem in slightly different ways.

However, a federal lawsuit brought by the American Trucking Associations argued that a major component of the plan, an access license system that essentially allowed the ports to determine which trucking firms could and could not service port terminals, violated federal law which takes precedence in matters of interstate commerce.

Early last year the federal courts agreed and injuncted the concession portion of the truck plan, pending a full court hearing on the matter now set to take place in March 2010.

Despite this, the two ports managed to stick to other portions of the CTP not blocked by the court, namely progressive bans on older trucks. By the end of the year the bans had effectively barred close to 6,000 trucks older than the 2003 model year cutoff.

By year’s end, both ports had measured double-digit percentage drops in diesel emission pollutants in the port area, though there is still some doubt if this was due to the CTP or due to the reduction in truck traffic as cargo volumes slowed.

In late October, Long Beach officials determined that their version of the truck plan could move forward without the access license component and still achieve the stated pollution reduction goals, leading to a court-sanctioned agreement with the ATA.

The neighboring Port of Los Angeles, however, refused to disavow the access license component of their plan and maintain that it is critical to their version of the truck plan. And while Long Beach’s agreement removed them from the ATA litigation, official sfrom Los Angeles have promised to continue the fight in court.

Construction
Though the first break came in late 2008, last year will be remembered at the two ports as the year that a nearly five-year self-imposed construction moratorium on major projects at the two ports came to its real end.

The moratorium began in 2003 when the Port of Los Angeles settled a lawsuit with the Natural Resources Defense Council over preparatory but required environmental review for the development of the China Shipping terminal at the Los Angeles port.

The 2003 settlement, which wound up costing the Los Angeles port more than $100 million, sent paroxysms of legal fear through officials at both ports. Nearly all construction was halted until Los Angeles finally broke the logjam in late 2008 with the announcement it was moving forward with the TraPac terminal redevelopment, a project that had been held in limbo for nearly a decade.

Last year, both ports rushed through a flurry of new projects, moving to get environmental documents approved and construction under way.

Since the start of 2009, Long Beach currently has either finished or started work on more than half a dozen major projects throughout the port. These include: A new administration complex for Pier G terminal operator International Transportation Service; a $70 million soil cleanup at Pier A West; Ship-to-shore power development at Matson’s Pier C container terminal; port-wide storm-water runoff control improvements; a recently completed refrigerated shipping container project at Pier G; the $750 million Middle Harbor Redevelopment Project that will modernize two older shipping terminals into a single mega-terminal; a new maintenance/repair facility at Pier G; and renovations to improve Pier G’s on-dock rail capacity.

The port of Los Angeles moved forward on several major projects in 2009, including: the $64.3 million TraPac terminal expansion; a $17.5 million upgrade to the China Shipping terminal; a modernization and expansion project at the Intermodal Container Transfer Facility; a major repair project of the 15-acre New England fishing village located along the Port ’s Main Channel; a million square-foot, $9 million solar panel installation atop a port cruise terminal; and, a $105 million development of the port’s public waterfront area.

Security
Federal dollars, often matched with port funds, continued to flow into both ports in 2009 for security upgrades and development.

In early 2009, Long Beach port officials dedicated a $21 million Security Command and Control Center, a 25,000-square-foot facility that serves as the communications hub and headquarters for the Port of Long Beach Security Division and Harbor Patrol.

The state-of-the-art facility also houses security units from the Long Beach Police Department and the Port of Los Angeles. In addition, offices and facilities in the three-story structure can also accommodate members of the US Coast Guard, US Customs and Border Protection, and Southern California Marine Exchange during an emergency.

The Center, paid for by the United States Department of Homeland Security and the Port of Long Beach, is designed to be a regional resource, housing emergency management facilities including a Department Operations Center for use in coordinating law enforcement response to emergencies anywhere in the Long Beach/Los Angeles port complex.

Across the bay at Los Angeles, port officials approved new security projects including a new $21.9 million Port Police Headquarters and various security-related transportation projects totaling $27.7 million.

Infrastructure
Despite both ports postponing the collection of per-TEU infrastructure fees originally set to begin in 2009, Long Beach and Los Angeles officials both moved forward with infrastructure projects.

In Long Beach, plans moved forward on the $1.1 billion replacement for the Gerald Desmond Bridge, the major point of egress into the Terminal Island portion of the port complex. The 40-plus year old bridge was originally designed to have a lifespan through the 1990s, but funding and development problems have prevented the replacement project from leaving the conceptual stage until recently.

Another point of egress to Terminal Island, the 60-plus year old Commodore Heim Bridge, has apparently found adequate funding but was stopped by a lawsuit almost before it began.

In Los Angeles, port officials capitalized on a $21 million federal stimulus grant to begin work on a 1.3-mile segment of Harry Bridges Boulevard in Wilmington that circles the port.

Cargo Volumes
Despite some good news, 2009 was dominated by dramatic declines in cargo volumes handled by the ports and contracting business levels throughout the supply chain.

In 2009, the Port of Long Beach handled 5,067,597 TEUs, a decline of 21.9 percent compared to 2008. Total loaded inbound box volumes for 2009 dropped 20.5 percent and total loaded outbound box volumes fell 19.9 percent.

Next door, the Port of Los Angeles ended 2009 with 6,748,994 TEUs handled, a 14 percent decline over the previous year. Total loaded inbound box volume also dipped 14.9 percent during 2009 with loaded outbound box volumes falling 6.4 percent.
However, both ports reported marked improvement in December, with Long Beach up 8.7 percent for the month compared to December 2008 and Los Angeles up 3.5 percent over the year-ago monthly period.

While December did little for either port to erase the declines during the rest of the year, they were the first monthly total container volume increases for more than a year.

Despite the tumult and the pain for 2010, both ports, as mentioned earlier, have entered 2010 with smiles on their faces.

“These [December] numbers are far better than expected, and may very well be the first signs of an economic recovery,” said Port of Long Beach Executive Director Richard D. Steinke. “That’s great news for our region and the nation. We are cautiously optimistic that this marks the beginning of an ongoing, upward trend.”

So while the smiles are there, they are perhaps not a measure of some hope for the coming year’s high points, but instead for having already survived the past year’s low points.

Thursday, February 4, 2010

Truckers, Refiners Sue Over California Low-Carbon Fuel Regulation

The American Trucking Association, which represents more than 37,000 motor carriers nationwide, and a coalition of petroleum industry trade groups filed suit Tuesday in federal court to block California's recently enacted low-carbon fuel standard.

The regulation, implemented by the California Air Resource Board on Jan. 12, requires annual reductions over the next decade in the carbon intensity of gasoline and diesel produced for use in California. The goal of the regulation, according to CARB, is to reduce greenhouse gas emissions. Large-scale use of lower-carbon transportation fuels, said CARB in drafting the LCFS, is necessary to meet a state requirement that greenhouse gases generated in the state be reduced to 1990 levels by 2020.

During his 2007 State of the State address, California Gov. Arnold Schwarzenegger called for implementation of an LCFS. In April 2009, CARB formally adopted a regulation implementing such a standard, but the regulation did not become effective until it was approved in January of this year by the state’s administrative law office.

Supporters of the regulation have argued that in addition to reducing greenhouse gases by 16 million tons by 2020, the LCFS will diversify transportation fuels in the state and increase demand for alternative-fueled vehicles. 

“The drive to force the market toward greater use of alternative fuels will be a boon to the state’s economy and public health,” CARB Chairwoman Mary D. Nichols said early last year. “It reduces air pollution, creates new jobs, and continues California’s leadership against global warming.” 

The ATA suit alleges that the LCFS regulation will unduly burden fuel providers and add increased costs to fuel consumers without any net change in fuel's carbon-intensity on a global scale. The end result, claims the suit, is no reduction – and a likely increase – in greenhouse gas emissions.

“The LCFS would essentially ban imports to California of fuels derived from unconventional sources such as oil sands from Canada, oil shale from the Western US, or domestic coal supplies that can be converted into transportation fuels,” said ATA Vice President Rich Moskowitz. “Discouraging these fuels will simply increase costs while failing to prevent their export to and consumption by other nations.”

The suit relies in large part on the federal preemption argument used successfully in the past by the trucking industry when opposing local and state regulations– namely that federal law supersedes local or state regulations in dealing with interstate commerce.

“The California LCFS is unlawful for a number of reasons, including the fact that it violates the Commerce Clause of the US Constitution by imposing undue and unconstitutional mandates on interstate commerce,” explained NPRA Pres. Charles T. Drevna. 

The suit also asserts that the CARB regulations discriminate in favor of California-produced fuels by assigning them lower carbon-intensity ratings because of shorter transportation distances to users. 

Filed in United States District Court in California, the suit also includes the Center for North American Energy Security, Consumer Energy Alliance and the National Petrochemical and Refiners Association as plaintiffs with the ATA.

Long Beach Port Moves Forward on $9M Incentive Package

The policy-setting governing board for the Port of Long Beach gave preliminary approval Monday to a $9 million incentive program to further boost carrier participation in a speed reduction program aimed at cutting emissions from ocean-going vessels as they enter and exit the port.

Branded the "Green Flag" program by the port, the program incentivizes carriers that slow down to 12 knots or less within 40 nautical miles of the port entrance by offering reduced dockage fees. According to the port, more than 70 percent of the vessels eligible for the incentives participated in the program in 2009. To help boost this number to the port's minimum goal of 90 percent participation, the port board's incentive package includes an additional $3 million to cover reduced dockage fees.

The incentive package also included nearly $6 million for a program designed to attract more rail cargo to the port by offering fee discounts to terminal operators. The increased incentive funding will allow the port to extend the program, originally set to expire April 30, to run through the end of the year.

The port board is expected to give final approval to the incentive package before the end of the month.

Hanjin Box and Bulk Services Posts 2009 Losses

South Korean ocean carrier Hanjin Shipping said Thursday that its container shipping division reported a $652 million net loss for 2009, compared to a 2008 year-end profit of $100 million.

Hanjin official pointed to a major corporate reorganization late last year as a major reason for the negative turnaround. The reorganization saw the creation of separate subsidiary entities to control the formally centralized governance, logistics and investments, shipping line, and terminal activities of the carrier.

Hanjin officials also reported that its container line ended 2009 with a total box volume handled of 3.2 million TEUs, a 6 percent drop compared to 2008. Container revenue also slipped, falling a dramatic 32.4 percent to end 2009 at $4.4 billion.

The carrier's bulk division reported operating losses of $738 million for 2009, a nearly $1 billion drop over the $329 million profit made in 2008.

Hanjin officials said that despite the losses, the carrier expects to make a profit in 2010.