[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30356-30357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14892]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21034]


Clean Truck Coalition, LLC, et al.--Pooling Application

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of filing of application.

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SUMMARY: By application filed on June 3, 2009, certain participating 
motor carriers (Applicants) in the Clean Truck Coalition, LLC (CTC), a 
California limited liability corporation, jointly request approval of a 
pooling agreement under 49 U.S.C. 14302 and 49 CFR 1184.1, et seq. 
Applicants propose to pool and/or divide specialized clean truck 
equipment and corresponding traffic, as necessary, and to use 
collective purchasing options through a central buying mechanism for 
fuel, equipment, and materials to manage operations costs. As a result 
of the agreement, Applicants would be part of the Clean Trucks Program 
(program), an environmental program aimed at reducing air pollution 
caused by the trucks used to transport cargo to and from the harbor 
facilities of the Ports of Los Angeles and Long Beach, CA (the Ports). 
The program is sponsored through the San Pedro Bay Ports Clean Air 
Action Plan (the Plan),\1\ and provides grants and financial incentives 
that allow selected trucking companies to replace older, high-polluting 
trucks with newer, cleaner trucks. The Plan defines the relevant market 
as shipments transported to and from the Ports using clean trucks. The 
outbound deliveries generally would be to designated rail and truck 
container yards, nearby distribution facilities, and other regional 
service points. Inbound shipments would represent traffic moving in the 
reverse direction. Applicants would continue to conduct their own 
transportation operations serving the Ports and augment their present 
service from a separate to a joint regionalized service.
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    \1\ According to Applicants, the Plan was implemented by the 
City of Los Angeles Board of Harbor Commissioners at a meeting held 
on October 23, 2008.

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DATES: Any comments on the application must be filed by July 27, 2009.

ADDRESSES: Send an original plus 10 copies of any comments, referring 
to STB Docket No. MC-F-21034, to the Surface Transportation Board, 395 
E Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
any

[[Page 30357]]

comments to: (1) William D. Taylor, Esq., Hanson Bridgett LLP, 500 
Capitol Mall, Suite 1500, Sacramento, CA 95814; and (2) James A. 
Calderwood, Esq., Zuckert, Scoutt & Rasenberger, L.L.P., 888 
Seventeenth Street, NW., Suite 700, Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Melissa Ziembicki, (202) 245-0386. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 11322, the Board may approve 
pooling agreements that are voluntarily entered into by carriers, 
provided that the pooling or division of traffic, services, or earnings 
will be in the interest of better service to the public or of economy 
of operation and will not unreasonably restrain competition. The 
proposed pooling agreement would allow Applicants to continue to 
conduct their own transportation operations and serve the Ports with 
related revenues within the market area. Applicants contend that the 
agreement would allow them to maximize their ability to purchase 
jointly materials and equipment specialized for clean trucks, to level 
the collective buying power, and to free Applicants' resources for 
further expansion of the overall program. The Plan requires Applicants 
to meet and satisfy stringent clean truck requirements while serving 
the Ports. Thus, Applicants state that the agreement would benefit the 
public because participation in the program would result in 
improvements in the air quality and a reduction in emissions output.
    According to Applicants, the Plan defines the extent of eligible 
carriers and, therefore, Applicants' overt actions would not determine 
the competitive landscape. Applicants note that the common denominator 
among Applicants is their sanction from the Ports under the program, 
and that there are other similarly sanctioned carriers who are not part 
of the proposed pooling agreement. Applicants state that they would be 
willing to consider, with Board approval, additional qualified 
participants that would be capable of providing the services and 
conducting the operations necessary to meet the common operating 
criteria.
    Applicants state that, collectively, they represent ten percent of 
the overall monthly truck activity to and from the Ports' harbor 
facilities. Specifically, Applicants are: Green Fleet Systems, LLC, a 
Delaware limited liability company; California Intermodal Associates, 
Inc., a California corporation; Fox Transportation, Inc., a California 
corporation; Golden State Express, Incorporated, a California 
corporation; Harbor Division, Inc., a California corporation; Overseas 
Freight Inc., a California corporation; Pacific 9 Transportation, Inc., 
a California corporation; Progressive Transportation Services, Inc., a 
California corporation; Southern Counties Express, Inc., a California 
corporation; and Total Transportation Services, Inc., a California 
corporation. Together, Applicants are members of CTC, with an equal 
ownership interest in the entity. CTC would operate as a joint venture 
within a limited liability company structure.

    Decided: June 19, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-14892 Filed 6-24-09; 8:45 am]
BILLING CODE 4915-01-P