C-AIR TIMES ISSUE #614 - Friday, January 24, 2020 08:08

POLA and POLB Marine Terminal Gates Closed Thursday, Feb. 6, 2020, from 5 p.m. - PierPass

The PierPass Inc. has been notified that the International Longshore and Warehouse Union (ILWU) will observe a special stop work meeting for union business on Thursday, Feb. 6, 2020, starting at 5 p.m. As a result, no marine terminal gates at the Port of Los Angeles or the Port of Long Beach will operate between the hours of 5:00 p.m. on Feb. 6 through 3:00 a.m. on Feb. 7. There will be no OffPeak shift Thursday night Feb. 6.

Please check with individual terminals for substitute or alternative gates.

This labor shutdown falls under Rule 5 of the Marine Terminal Operator Schedule No. 1, which is available at: https://www.pierpass.org/wp-content/uploads/2019/10/WCMTOA-10-30-19.pdf.

Federal Register Notices:

On January 21, 2020, the U.S. Department of Commerce announced an affirmative preliminary antidumping duty (AD) circumvention ruling involving imports of unfinished R-32/R-125 of hydrofluorocarbons (HFCs) from China that are further processed in the U.S., and are circumventing the existing AD order on imports of HFC blends (R–404A, R-407A, R–407C, R–410A, and R–507A) from China.

Accordingly, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect AD cash deposits on imports of unfinished blends of HFC components R-32 and R-125 from China.

The applicable cash deposit rate will be equal to the rates previously established and in effect at the time of entry. Suspension will apply to any future imports and unliquidated entries since June 18, 2019 (the date which Commerce initiated this circumvention inquiry).

This inquiry was initiated in response to a covered merchandise referral from CBP and allegations of circumvention from the American HFC Coalition.

Commerce expects to issue its final ruling by April 7, 2020.

U.S. law provides that Commerce may find circumvention of AD or countervailing duty orders when merchandise subject to an existing order is completed or assembled in the United States from parts and components imported from the country subject to the order.

The strict enforcement of U.S. trade law is a primary focus of the Trump Administration. To date, the Trump Administration has issued 35 preliminary or final affirmative determinations in anti-circumvention inquiries – this is a 192 percent increase from the number of such determinations made during the comparable period in the previous administration.

EPA Jumpstarts Cleaner Trucks Initiative - EPA

Agency seeks input on initiative for cleaner emission standards for heavy-duty trucks

NEW YORK – At the Port of Elizabeth, U.S. Environmental Protection Agency (EPA) Regional Administrator Pete Lopez outlined the concrete steps EPA is taking to advance the Cleaner Trucks Initiative (CTI). Joined by the Port Authority of New York and New Jersey, the City of Newark and the NJ Motor Truck Association, the Regional Administrator spoke about the CTI rulemaking which will establish new, more stringent emission standards for oxides of nitrogen (NOx) and other pollutants for highway heavy-duty engines. Through this Advance Notice of Proposed Rulemaking (ANPR), EPA is seeking input from the public and interested stakeholders.

“The Trucking industry touches nearly every part of our economy. A strong and resilient trucking industry is imperative to maintaining a strong and resilient economy. Through this initiative, we will modernize heavy-duty truck engines, improving their efficiency and reducing their emissions, which will lead to a healthier environment,” said EPA Administrator Andrew Wheeler. “The U.S. has made major reductions in NOx emissions, but through this initiative we will continue to reduce emissions, while spurring innovative new technologies, ensuring heavy-duty trucks are clean and remain a competitive method of transportation.”

“I encourage regional input from industry, community groups, government agencies and other stakeholders on this new initiative,” said EPA Regional Administrator Pete Lopez. “This rule will have a major impact on improving air quality in the future and the reduction on pollutants from heavy duty trucks will help our states meet their air quality goals.”

In addition to Regional Administrator Lopez, Port Authority of New York and New Jersey Port Department Director Sam Ruda, Newark Mayor Ras Baraka and NJ Motor Truck Association Executive Director Gail Toth were also in attendance.

"The Port Authority has been laser-focused on implementing critical environmental programs that will greatly improve the air quality and the quality of life for those who live and work around our transportation facilities,” said Port Department Director Sam Ruda. “At the port, we have a comprehensive strategy to reduce harmful pollutants, including a program that provides financial incentive for drivers to replace older model trucks with newer ones, as well as programs to reduce emissions from vessel traffic. We continue to work closely with all of our stakeholders to get input on how we can move forward with additional clean air programs including ones that would migrate to the use of all electric yard equipment and drayage vehicles.”

“The New Jersey Motor Truck Association appreciates the opportunity to provide input for the Cleaner Trucks Initiative,” said NJ Motor Truck Association Executive Director Gail Toth. “The trucking industry is committed to working the EPA to continue the reduction of NOx emissions from heavy-duty diesel engines. We look forward to the development of a national standard, implemented via a streamlined process, that is achievable and reliable.”

This rulemaking will also offer opportunities to streamline and improve certification procedures to reduce costs for engine manufacturers. This action follows on the petitions from over 20 organizations, including state and local air agencies, to revise and promulgate more stringent NOx standards.

From 2007 to 2017, U.S. NOx emissions dropped by more than 40 percent, but there is more work to be done. Today, over 100 million people live in areas of nonattainment for ozone and particulate matter (PM), and according to EPA estimates, heavy-duty vehicles will continue to be one of the largest contributors to NOx emissions — a precursor of ozone and PM formation — from the transportation sector in 2025. Updating these standards will result in significant mobile source NOx reductions, which will aid communities across the country in achieving ozone and particulate matter attainment with EPA’s National Ambient Air Quality Standards program.

EPA last revised NOx standards for on-highway heavy-duty trucks and engines in January 2001. Pursuant to the Clean Air Act, the CTI will provide manufacturers sufficient time to comply with new standards and ensure that updated standards consider feasible emissions control technologies. Working together with state and industry partners, we can achieve environmental results through the pursuit of commonsense regulations that encourage economic growth.

EPA intends to publish a proposed rule in early 2020.

Learn more about the Cleaner Trucks Initiative here: https://www.epa.gov/regulations-emissions-vehicles-and-engines/advance-notice-proposed-rule-control-air-pollution-new

Dulles CBP K9 Team Detects Four Outbound Parcels Stuffed with Marijuana - U.S. Customs & Border Protection

STERLING, Virginia. – U.S. Customs and Border Protection (CBP) narcotics detector dog team detected four outbound mail parcels that contained nearly seven pounds of marijuana combined near Washington Dulles International Airport Saturday.

Narcotics detector dog Ginna, a four-year-old German shepherd, and partner swept parcels at an air cargo warehouse that were destined overseas and alerted to the four parcels.
Parcel one contained 969.1 grams, and was being shipped from El Sobrante, Calif., to Amsterdam, Netherlands.

Parcel two contained 1,098.2 grams, and was being shipped from Pinole, Calif., to a different address in Amsterdam.
Parcel three contained 489.1 grams, and was being shipped from Tracey, Calif., to Sittard, Netherlands.
Parcel four contained 489.5 grams, and was being shipped from a different address in Tracey to Bladel, Netherlands.

The marijuana weighed a combined 3,045.9 grams, or a little more than 6 pounds, 11 ounces and had a street value of about $5,300.

“Customs and Border Protection officers remains steadfast in our commitment to disrupt narcotics smuggling attempts, and our highly-skilled narcotics detector dog teams are on the frontline of this effort,” said Casey Durst, CBP’s Director of Field Operations in Baltimore. “Illicit narcotics interdictions is one way in which CBP contributes to the safety and safety of our communities.”

CBP officers screen international travelers and cargo and search for illicit narcotics, unreported currency, weapons, counterfeit consumer goods, prohibited agriculture, and other illicit products that could potentially harm the American public, U.S. businesses, and our nation’s safety and economic vitality.

CBP seized an average of 4,657 pounds of illicit narcotics every day during 2018 across the United States. Learn about what CBP accomplished during "A Typical Day" in 2018.

Final Rules to be Published Implementing Shipping Act Amendments and Revising Procedures - Federal Maritime Commission

The Federal Maritime Commission today (1/15/20) held its first meeting of 2020, publicly welcoming its newest member, voting to publish two final rules, and receiving in closed session a briefing on developments in the U.S. liner trades.

The Commission voted to issue a Final Rule implementing the Frank LoBiondo Coast Guard Authorization Act of 2018. The rule updates Commission regulations to:

Clarify that persons that advertise or hold themselves out as Ocean Transportation Intermediaries (OTIs) must be licensed as OTIs and meet associated financial responsibility requirements
Expand the prohibition on common carriers knowingly and willfully accepting or transporting cargo for OTIs that do not have a tariff or do not meet financial responsibility requirements
Make clear that OTI licensing and financial responsibility requirements do not apply to a person performing OTI services on behalf of an OTI for which it is a disclosed agent
Make comments submitted to the Commission regarding filed ocean common carrier and marine terminal operator agreements confidential
Include provisions on “nonpublic collaborative discussions” between Commissioners

The above rule permits the Commission to consider policy issues more efficiently, more effectively address deceptive business practices of unlicensed OTIs, and creates an atmosphere that encourages even more candid comments from the public in response to filed confidential agreements.

The Commission also voted to issue a final rule that modifies hearing procedures governing the denial, revocation, or suspension of an ocean transportation intermediary license. More specifically, it designates that the Commission’s Administrative Law Judge will preside over such hearings and sets out clear procedures for the hearings. The changes in these rules will streamline the OTI hearing process and is another example of the commitment of the Federal Maritime Commission to continually seek ways to ease the regulatory compliance burden while continuing to protect the interests of the public and the integrity of the marketplace.

The rule modifying OTI hearing procedures will be published next week in the Federal Register and will become effective 30 days following publication. The rule implementing provisions of the Frank LoBiondo Coast Guard Authorization Act of 2018 must be reviewed by the Office of Information and Regulatory Affairs before it can be published in the Federal Register.

During closed session, Commissioners were briefed on global and domestic economic outlooks; developments and risks in the container shipping industry; and what challenges the industry faces in the coming year. The Commission was informed that US-China trade volumes were down by more than 5% during the first half of 2019 and that simultaneously, Southeast Asian nations have realized significant growth in export volumes to the United States. Monitoring if and how trade volumes and carrier service shift in response to developments in global trade policy will be a key part of the ongoing work of the Federal Maritime Commission in 2020.