FTC Amends Fair Packaging and Labeling Act Rules
Federal Trade Commission
“The Federal Trade Commission has amended its rules under the Fair Packaging and Labeling Act (FPLA), which requires that certain products carry labels identifying the contents, source, item quantity, and other information to help consumers compare products.
In February 2015, the FTC sought public comment on proposed amendments. In response to comments received, the Commission adopted all proposed amendments, including modernizing the place-of-business listing requirement to incorporate online resources, eliminating obsolete references to commodities advertised using the terms “cents off,” “introductory offer” and “economy size,” and incorporating a more comprehensive metric chart.
Product categories exempt from FTC regulations under the FPLA are meat products, poultry, tobacco products, items under the Food and Drug Administration’s jurisdiction, alcoholic beverages, commodities subject to the Federal Seed Act, and any commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, or certain provisions of the Virus-Serum-Toxin Act. In addition, the notice specifically lists numerous products that are not subject to the FPLA.
The Commission vote approving the amendments was 4-0. The amended FPLA regulations are available on the FTC’s website and will be published in the Federal Register shortly.
CBP Agriculture Specialists in Pharr Discover Back to Back First in Nation Pests
U.S. Customs & Border Protection
PHARR, Texas –Agriculture specialists with U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Hidalgo/Pharr/Anzalduas Port of Entry have intercepted two more rare, first in the nation pests in rapid succession, this time within commercial shipments of fresh papayas and limes.
“These interceptions of more unique bugs at our commercial crossing in Pharr truly exemplifies the unparalleled commitment by our agriculture specialists in keeping harmful pests from possibly having devastating effects on the American agriculture industry,” said Acting Port Director Javier Cantu, Hidalgo/Pharr/Anzalduas Port of Entry.
In August, a CBP officer referred a shipment of fresh papayas that arrived at the Pharr-Reynosa International Bridge cargo facility for a secondary agriculture inspection. During the inspection of the product and the container, a CBP agriculture specialist observed a live insect on the floor of the commercial trailer. Upon closer examination of the specimen byU.S. Department of Agriculture entomologists, the insect was positively identified as Derobrachus inaequalis (Cerambycidae). The insect was positively identified as being a unique interception within the United States, a first-in-the-nation detection. The shipment of fresh papayas was refused entry and returned to Mexico.
Only days apart, CBP agriculture specialists at the Pharr, Texas cargo facility intercepted another significant pest within a shipment of fresh limes, which was also positively identified by USDA entomologists as a unique find, never seen in the U.S. The discovery of the insect identified as Eusattus venosus Champion (Tenebrionidae) resulted in the shipment also being refused entry and returned back to Mexico.
Both insects are members of families that include plant pests. While some Cerambycidae species (also called longhorn beetles due to the size of their antenna) may cause extensive damage to living trees and untreated wood, various Tenebrionidae species are known to be grain pests.
CBP agriculture specialists safeguard American agriculture by detecting and preventing entry into the country of plant pests and exotic foreign animal diseases that could harm agricultural resources.
Truck Appointments Expanding
Port of Long Beach
10 San Pedro Bay terminals to require reservations by the end of 2016
Mandatory appointments for trucks picking up import containers will soon be the norm at the majority of marine container terminals in the nation’s busiest port complex.
In 2016, the number of terminals at the ports of Long Beach and Los Angeles requiring appointments for trucks calling for inbound containers is expected to double. By the end of next year, 10 of the 13 container terminals will have mandatory appointments for trucks, up from five today.
More terminals are adding appointment systems to lessen the likelihood of delays by spreading truck visits throughout the day. But more terminals mandating appointments has also raised concerns because each terminal has its own separate system.
Driving the shift to appointment systems is the increase in cargo volumes. In 2014, more than 15.2 million twenty-foot equivalent units (TEUs) crossed the docks of the San Pedro Bay ports, nearing the peak of more than 15.7 million TEUs recorded in 2006.
“We are entering the growth period delayed by the recession,” said John Cushing, President of PierPass. “The physical footprint of the port will not allow the terminals to get larger so we need to work smarter.”
What’s New and What’s Not
Appointment systems for trucks at the San Pedro Bay ports are not new. They date back to 2006 after multiple years of soaring cargo volumes led to long gate waits and increased traffic congestion.
The five container terminals where appointments are already required before trucking companies can send drivers are Total Terminals International (Pier T) in Long Beach and APM Terminals, Eagle Marine Services, West Basin Container Terminal and Seaside Transportation Services in Los Angeles. Most appointments allow a three-hour window.
Those transitioning to mandatory appointments are Long Beach Container Terminal (Middle Harbor), SSA Terminals (Pier A), International Transportation Service (Pier G), and Pacific Container Terminal (Pier J) in Long Beach, and TraPac in Los Angeles.
PierPass informed stakeholders that more terminals would be adding appointment systems at the Supply Chain Optimization meeting held at the Port of Long Beach in late August. PierPass is a not-for-profit organization established under an agreement approved by the Federal Maritime Commission (FMC) that allows the San Pedro Bay marine terminal operators to discuss common issues.
More mandatory appointment systems are coming online at San Pedro Bay container terminals amid efforts to improve the flow of cargo across the Southern California supply chain. Industry dynamics in play today are new shipping alliances, bigger ships delivering more cargo in a single call, and chassis provided by third-party operators.
Between fall 2014 and spring 2015, those changing fundamentals collided with protracted contract negotiations, leading to congestion that has since eased, but that no one wants to see again. To ensure the region remains competitive, the ports are spearheading regional supply chain optimization initiatives under an FMC agreement allowing for their collaboration.
“The transaction between the truck and the terminal has always been ripe for improvement and those efficiencies were front and center during the recent congestion,” said Michele Grubbs, Vice President of the Pacific Maritime Shipping Association and a member of the ports’ Supply Chain Optimization committees. “Now there is a real process for bringing all the parties together to tackle this longstanding challenge.”
The Challenge
With trucks as the primary mode for containers leaving and entering the port complex, the challenge is not small. In 2014, trucks moved more than 11 million TEUs – about 73 percent of the total container volume – in and out of the two ports. On-dock rail handled the remaining 27 percent. Increasing that rate is also part of ongoing efforts to improve the flow of cargo in the region.
More than 15,000 trucks registered to nearly 1,500 licensed motor carriers call at the 13 container terminals throughout the harbor complex, according to the most recent drayage registry counts. The terminals with appointment systems have different systems based on operational needs, and each trucking company also has its own way of doing business.
The question for the trucking industry is whether mandatory appointments will streamline gate operations or complicate matters, said Weston LaBar, Executive Director of the Harbor Trucking Association, a coalition of intermodal carriers serving the ports of Long Beach and Los Angeles. “There is an opportunity for this to be something really good, but it is incumbent upon everyone working together to figure out the best system for all the stakeholders.”
Currently, there is no clear connection between mandatory appointments and turn times. The HTA’s most recent Truck Mobility Data report shows that San Pedro Bay terminals with mandatory appointment systems varied widely for the amount of time it takes trucks to arrive outside the gate, complete a transaction, and get back on the road. One terminal averaged one of the fastest turn times of less than an hour; another averaged turn times of nearly two hours, according to the HTA’s August data.
Long Beach’s Matson Terminal at Pier C, operated by SSA Terminals, had the best turn times of all 13 terminals with an average of 40 minutes. Matson, whose operation differs significantly from the other terminals, is not planning to implement mandatory truck appoinments. The two remaining terminals, Yusen Container Terminal and California United Terminals in Los Angeles, are expected to require appointments in the future.
Separately, the terminals track how often appointments are kept. The port-wide average is 70 percent, meaning most trucks make it within the window, but nearly one in three appointments is missed.
Bridging Gaps
Inherent differences between how terminals and trucking companies operate include how they measure turn times. Terminals track them from the time trucks check in at the gate until they leave: the amount of time inside the terminal.
“The terminals can only measure what they can control,” Cushing said. “Many truckers arrive at the port outside the terminal gates as much as two hours before they plan to go into the terminal.”
A larger difference is how each measures productivity. Maximizing resources for terminals means moving as many containers as quickly and safely as possible. For trucks, it means safely moving as many loads as possible during available hours of service, with as many dual transactions — dropping off one container and picking up another — as possible to eliminate wasted trips.
Terminal appointment systems don’t take trucking priorities into consideration, LaBar said. He cited Port Metro Vancouver in British Columbia as one example of how others are bridging the gap. Port Metro Vancouver, also a landlord port, imposes penalties on terminal operators for excessive delays.
In 2014, Port Metro Vancouver handled 2.9 million TEUs, less than 20 percent of the volume that moved through the San Pedro Bay ports. “It’s still a good place to start for discussing a system that may work,” said LaBar, whose organization is also represented on the ports’ Supply Chain Optimization committees.
PierPass has links to each terminal’s appointment system on its website. The organization researched the options for an integrated system, but found nothing suitable. “We’re not aware of any single system that can run multiple appointments systems through a single dashboard,” said Cushing, a recognized leader in goods movement technology as the founder of eModal.
That may be an area where the ports can play a more active role, said Mike Christensen, the Port of Long Beach’s Senior Executive Lead for Supply Chain Optimization. Data is a major component of every strategy the ports are looking at to improve efficiency across the supply chain.
“The success of all our efforts to improve the flow of cargo will be defined by improving the flow of information among the partners,” Christensen said. “We’re aggressively examining the role we can play in the collection, processing and dissemination of information related to the movement of goods through our gateway.”
An example of how an integrated system can improve efficiency for the entire supply chain is the “Pool of Pools” interoperable chassis system established by the three main chassis providers serving the port complex, Christensen said.
LaBar praised the ports of Long Beach and Los Angeles for actively pursuing solutions to help keep the region competitive. “The leadership at the ports has been strong.”
Cushing agreed that open communication among all the stakeholders strengthens the entire supply chain going forward. While terminals and trucking companies have talked about these issues in the past, the new framework created by the ports sets the stage for more progress.
“It doesn’t serve anyone in the supply chain if the system is not working to its fullest potential,” Cushing said. “At the end of the day, everybody just wants to keep that container moving.”
New Study Says Port's Economic Value has Grown
Port of New York & New Jersey
A new economic impact study concluded that the economic value of the Port of New York and New Jersey has grown, and this bodes well for the region. The report cites that jobs directly associated with port activity have increased by more than 13 percent since 2012. Personal and business incomes as well as federal, state, and local tax revenues associated with the port have also grown.
Commissioned by the New York Shipping Association (NYSA) and prepared by the firm of A. Strauss-Wieder Inc. of Westfield, New Jersey, the new study reflects port operations as they were conducted in 2014. The data therefore does not include the recent surge in cargo volumes which the port experienced in the first half of 2015.
Factors considered include the movement of goods and people throughout the Port District, and capital investment in the region’s port infrastructure totaling nearly $2.2 billion between 2010 and 2015.
"These investments included substantial work to terminals, roadway, and rail infrastructure, along with extensive expenditures for new equipment,' the report says.
The study goes on to cite the following impacts generated by port industry operations:
- a total of 336,600 full-time jobs in the region (up from 296,000 jobs in 2012);
- 190,100 direct jobs;
- $21.2 billion in personal income;
- nearly $53.5 billion in business income;
- almost $7.1 billion in federal, state, and local tax revenues
The Port of New York and New Jersey is the largest port on the East Coast, the third largest port in the United States by volume, and the second largest in value. It serves more than 35% of the entire population of our country. The employers and employees of the port community support the businesses and population of the largest and most affluent consumer market in the world.
"The significant economic contribution the port makes to this region is demonstrated once again in this the sixth iteration of the economic impact study of the New York-New Jersey port industry," said John Nardi, President of NYSA. "Clearly the maritime industry continues to play a critical role in the vibrancy of businesses in this region."
A copy of the report can be obtained by downloading it from the NYSA website www.nysanet.org – on the landing page under what’s new.
Port of Authority Annouces Reopening of JFK Airport Runway after Major Modernization
Port of New York & New Jersey
Work includes delay reduction, durability and safety enhancements
The Port Authority of New York and New Jersey today announced the resumption of flights on a major runway at John F. Kennedy International Airport, following substantial completion of a $400 million modernization project designed to help reduce delays, enhance safety and increase the surface’s lifespan.
JFK Airport now has all four of its runways in full use for the first time since the spring, when the Port Authority commenced the major portion of rehabilitative work on Runway 4Left-22Right, which stretches more than two miles in a northeast-southwest direction just south of Rockaway Boulevard to a peninsula jutting into Jamaica Bay.
“The Port Authority is committed to modernizing its airport system, from building state-of-art 21st century terminals to post-Sandy resiliency initiatives to on-airfield upgrades to move planes faster while enhancing safety measures,’’ said Port Authority Executive Director Pat Foye.
“With cooperation from our airline partners and the Federal Aviation Administration (FAA), the past six months of continuous work on Runway 4Left-22Right will prove to pay huge dividends in terms of operational safety and efficiency over the coming decades at JFK,” said Port Authority Aviation Director Thomas Bosco.
The complex project added a high-speed taxiway, allowing arriving aircraft to exit the runway faster and thus helping reduce ground delays by letting other planes touch down or takeoff on the same runway with greater frequency.
Concrete, which has a lifespan of up to 40 years, replaced the runway’s previous base of asphalt, which typically only lasts up to 10 years – a key durability advantage especially during winter operations. The revamped runway now has an 18-inch thick concrete surface, using a total of 220,000 tons of concrete – enough to fill every National Football League stadium to a depth of three feet. While initially more expensive, increasing the runway’s lifespan by using concrete lessens passenger inconvenience by reducing the need for more frequent runway closures.
Another critical project component was lengthening the runway safety zones at each end of the landing strip to 1,000 feet to provide extra overrun areas in case of aircraft emergencies, meeting an upgraded FAA requirement ahead of the year-end deadline. Additionally, the runway was widened from 150 feet to 200 feet to accommodate the world’s largest passenger aircraft.
During its lifespan, the project will mean creation of more than 2,460 jobs, $146.9 million in wages and nearly $712.3 million in economic activity.
The reconstruction and rehabilitation of Runway 4L-22R was a three-stage project that began last year. Through extensive planning and coordination with the FAA and airlines operating at JFK, work was staged to minimize the impact on airport operations. The staging allowed three runways to remain in operation during the work, dependent on weather and prevailing wind conditions.
Serving more than 54 million passengers annually, Kennedy Airport is a vital economic engine for the bi-state region, supporting more than 278,000 jobs, $14.1 billion in wages, and generating about $39.3 billion annually in economic activity.
For additional information about the JFK 4L-22R Runway Safety Area Compliance and Reconstruction Program, visit http://www.panynj.gov/airports/jfk-reconstruction.html.
DHS Kicks Off National Cyber Security Awareness Month 2015
Department of Homeland Security
WASHINGTON — The Department of Homeland Security (DHS) today announced the kick-off of National Cyber Security Awareness Month 2015. During this month, outreach efforts will aim to increase Americans’ understanding of basic cybersecurity practices to stay safe online and the role each of us plays in keeping cyberspace safe and secure.
“Cybersecurity is a top priority for DHS. Cyber threats are increasing in their frequency, scale, and sophistication,” said Deputy Secretary of Homeland Security Alejandro Mayorkas. “Each American is a key part of our Nation’s first line of defense and in minimizing the impact of cyber attacks. I encourage all Americans to take advantage of National Cyber Security Awareness Month as an opportunity to recognize the role they play in making the Internet safer and more secure by practicing good cyber habits at home, work, school, and on the go.”
Every day, tens of millions of Americans shop, bank, and stay in touch with friends and family online. Our Nation’s critical infrastructure systems – power grids, financial systems, and transportation systems – all rely on the Internet. This increased connectivity brings many conveniences and advantages; however, it also creates increased threats and risks to our security.
Throughout National Cyber Security Awareness Month 2015, the Department is highlighting ways cybersecurity impacts Americans in all aspects of their lives, including in their use of personal technologies and in their workplaces. Everyone has a role to play in cybersecurity, whether it’s protecting their families from identity theft, protecting their workplaces from cyber attacks, or protecting their communities from cyber predators. Here are some tips to stay safe online:
- Set strong passwords and don’t share them with anyone;
- Keep your operating system, browser, and other critical software optimized by installing updates;
- Maintain an open dialogue with your family, friends, and community about Internet safety;
- Limit the amount of personal information you post online and use privacy settings to avoid sharing information widely;
- Be cautious about what you receive or read online—if it sounds too good to be true, it probably is; and
- Visit www.DHS.gov/StopThinkConnect to learn more about how you can help strengthen America’s cybersecurity.
For more information about National Cyber Security Awareness Month 2015, visit
http://www.dhs.gov/national-cyber-security-awareness-month-2015. For more information on DHS’s cybersecurity efforts, visit
www.dhs.gov/cyber.