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Kenworth Truck Co.

The Federal Maritime Commission said it will allow the Ports of Los Angeles and Long Beach, Calif., starting Feb. 18, to collect container fees that will help carriers fund the replacement of older trucks with less-polluting newer models.

In a Feb. 10 letter, American Trucking Associations had asked FMC to allow the fees to move forward, but said FMC should continue its investigation into employee-only driver provisions contained in the concession portions of the sweeping diesel-emission reduction plan.

FMC’s board formally made its decision during a meeting Wednesday.

ATA’s letter said the federation supports the ports’ plans to fund the replacement of older, more-polluting drayage trucks by collecting a $35 container fee. The ports have said they expect to raise nearly $1 billion over the next few years.

ATA also said the container fee “provides the moneys to finance that assistance and is therefore a crucial part of the Clean Trucks Program.”

However, ATA said it still supports FMC’s contention that the ports’ clean trucks concession agreements “violate provisions of the Shipping Act.” An FMC administrative judge has granted ATA intervention status in the commission’s investigation.

“As you are aware, ATA has instituted separate litigation against these provisions and is currently . . . seeking a preliminary injunction against the concession plans,” the letter said.

In addition to the investigation, the FMC is seeking a preliminary injunction in the federal courts.