U.S. Legislative Issues

FMCSA Again Delays Entry-Level Driver Training Rule

On December 8, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced a final rule establishing comprehensive national minimum training standards for entry-level commercial truck and bus operators seeking to obtain a commercial driver’s license (CDL). According to the FMCSA, the standards established in the rule address the knowledge and skills necessary for the safe operation of commercial motor vehicles and also establish minimum qualifications for entities and individuals who provide entry-level driver training. The rulemaking was mandated by Congress in the Moving Ahead for Progress in the 21st Century Act (MAP-21).

The December 8 final rule was originally scheduled to take effect on February 6, with a compliance date of February 2020, but was delayed to March 21 and again until May 22. FMCSA has now announced that the effective date for the final rule is being delayed yet again, this time until June 5. FMCSA said the delay is a result of the presidential directive issued on January 20, 2017, that ordered federal agencies to temporarily postpone for 60 days from the date of the memorandum the effective dates of certain regulations that had been published in the Federal Register but had not yet taken effect.

The three-year phase-in period for the rule was included to give states time to make the required adjustments, but delaying the publication has taken time away from states to comply with the rule, says Don Lefeve, President of the Commercial Vehicle Training Association, a group that represents truck driving schools. "The effect of not implementing an effective date has slowed state legislatures from technically adopting the rule because it has not been completed."

U.S. Senators Look to Reform, Extend Biodiesel Tax Credit

On April 26, 2017, Sen. Chuck Grassley (R-IA) and Sen. Maria Cantwell (D-WA) joined with 14 other senators to introduce S. 944, the American Renewable Fuel and Job Creation Act of 2017, legislation to reform and reinstate the biodiesel and small producers tax credits that expired at the end of 2016.

Specifically, S. 944 would convert the blender’s credit for biodiesel to a $1-per-gallon production credit for fuels produced in the U.S. for three years. The bill would also provide an additional 10-cent-per-gallon credit for small U.S. biodiesel producers. The bill’s sponsors argue that the switch would incentivize domestic production and ensure taxpayers aren’t subsidizing imported fuel.

"Well-crafted and efficient tax incentives can be powerful policy mechanisms to achieve the nation’s energy objectives and to create jobs," said Anne Steckel, Vice President of Federal Affairs for the National Biodiesel Board, "but subsidizing foreign manufacturing and hurting U.S. workers were not Congress’ intent. We applaud the senators’ bill to close this loophole by reforming the credit as a domestic production credit."

The National Association of Truck Stop Operators, however, condemned the proposed legislation, saying that moving the biodiesel tax credit to the producer level would force retailers to pay more for fuel. "Those costs inevitably will be passed down to consumers in the form of higher prices at the pump," NATSO President and CEO Lisa Mullings said in a statement.

Lawmakers Push Regulators for Hair-Testing Drug Screening Guidelines

On May 18, a bipartisan group of Senators led by Commerce Committee Chairman John Thune (R-SD), sent a letter to Health and Human Services (HHS) Secretary Tom Price urging federal guidelines for hair-testing drug screening standards be expedited.

In the letter, the Senators noted that the FAST Act highway bill, signed into law in 2015, required HHS to issue scientific and technical guidelines for hair testing as a method of detecting the use of drugs within one year, but the December 4, 2016, deadline passed without action. Failing to meet the deadline, the letter adds, has prevented the U.S. Department of Transportation (DOT) from allowing hair testing to be a federally approved testing method. "Development of these standards will pave the way for more employers to use this testing method and could potentially identify a greater number of safety-sensitive employees who violate federal drug testing regulations," the letter states.

The American Trucking Associations voiced its support to the senators, saying one of its top priorities is making sure truck drivers are safe and drug-free. "The inherent advantages of hair testing are clear, which is why the previous administration’s failure to act – as required by law – was deeply frustrating," said ATA President and CEO Chris Spear. "That lack of action is having a real impact on the trucking industry."

In April, seven House members sent a letter to the Federal Motor Carrier Safety Administration asking the agency to allow a group of large trucking companies to begin testing by hair sample exclusively. The National Transportation Safety Board has also recommended that the DOT adopt hair testing in lieu of urine testing.