U.S. Legislative News
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Electronic Logging Device Rule to Take Effect in December
Motor carriers subject to the Federal Motor Carrier Safety Administration’s (FMCSA) electronic logging devices (ELD) rule must use either a self-certified and registered ELD or a grandfathered Automatic Onboard Recording Device (AORD) starting December 2017.
Congress directed FMCSA to develop the rule mandating the use of ELDs back in 2012 as part of the Moving Ahead for Progress in the 21st Century (MAP-21) highway funding bill. The final rule was published by the agency in December 2015. In its simplest form, an ELD is used to electronically record a driver’s Record of Duty Status (RODS), which replaces the paper logbook some drivers currently use to record their compliance with hours-of-service (HOS) requirements. Fleets have until December 18, 2017, to implement certified ELDs to record HOS. Fleets already equipped with electronic logging technology will have until December 2019 to ensure compliance with the published specifications.
Law enforcement will take a phased-in approach to the regulation. The Commercial Vehicle Safety Alliance has announced that officers will begin enforcing the mandate as soon as it goes into effect December 18, but will not place trucks out of service for operating without an ELD until April 1, 2018.
For additional compliance information regarding the ELD rule, click here.
DOT Secretary: No Progress on Infrastructure Until Congress Passes Tax Reform
Earlier this year, the White House unveiled a blueprint that called for a $1 trillion, 10-year infrastructure plan that would rely primarily on $200 billion in federal funds as a way of garnering $800 billion in private capital investments. The Administration also set an ambitious timeline of advancing the plan through Congress by Thanksgiving.
In remarks delivered at the 2017 American Trucking Associations Management Conference & Exhibition, Transportation Secretary Elaine Chao emphasized that action on President Trump’s $1 trillion infrastructure proposal will be on hold until Congress completes work on tax reform.
"Originally, we anticipated the Administration’s infrastructure proposal by late fall 2017, but the Affordable Health Care Act was delayed and lawmakers are toiling with a tax overhaul," Chao told executives at the Management Conference.
Whether Congressional Republicans can move a tax overhaul package is uncertain. Rep. Kevin Brady (R-Texas), Chairman of the House Ways and Means Committee, told reporters on October 24 that the "odds are very good Congress will send tax legislation to President Trump’s desk by the end of the year."
EPA Abandons Changes to Biofuels Program amid Lawmaker Pressure
On September 27, the U.S. Environmental Protection Agency (EPA) announced it was weighing changes to the Renewable Fuel Standards (RFS), the federal program that requires the blending of ethanol with gasoline, to allow exported ethanol to count toward annual quotas mandated by Congress. Current rules only count fuels blended in the U.S. and exclude ethanol that’s exported abroad in the required credits that come from either blending 10 percent ethanol into gasoline or buying credits from ethanol producers.
The EPA also announced that it was considering potential reductions in the 2018 and 2019 renewable volume requirements (RVOs) for biomass-based diesel, advanced biofuel, and total renewable fuel under the RFS.
However, in an October 19 letter to seven senators, EPA Administrator Scott Pruitt pledged that he would not pursue any actions to lower the biodiesel mandate or allow ethanol exports to count toward the mandate. "EPA has not taken any formal action to propose this idea, nor will EPA pursue regulations," Pruitt stated in the letter. The EPA is due to release final biofuel volume mandates by November 30, a date Pruitt said he is on track to meet.
Pruitt also stated in his letter that the agency would not shift the obligation for compliance away from fuel refiners to fuel distributors and that the EPA will actively explore whether it can allow the sale of gasoline with 15 percent ethanol (E15) year-round. Under current law, sales of E15 are restricted to the summer.
DOT Releases FY 2018-2022 Strategic Plan
On October 19, 2017, the U.S. Department of Transportation (DOT) released its draft strategic plan for fiscal years (FY) 2018-2022. The plan reflects the secretary’s priorities for achieving DOT’s mission through the following strategic goals:
Motor carriers subject to the Federal Motor Carrier Safety Administration’s (FMCSA) electronic logging devices (ELD) rule must use either a self-certified and registered ELD or a grandfathered Automatic Onboard Recording Device (AORD) starting December 2017.
Congress directed FMCSA to develop the rule mandating the use of ELDs back in 2012 as part of the Moving Ahead for Progress in the 21st Century (MAP-21) highway funding bill. The final rule was published by the agency in December 2015. In its simplest form, an ELD is used to electronically record a driver’s Record of Duty Status (RODS), which replaces the paper logbook some drivers currently use to record their compliance with hours-of-service (HOS) requirements. Fleets have until December 18, 2017, to implement certified ELDs to record HOS. Fleets already equipped with electronic logging technology will have until December 2019 to ensure compliance with the published specifications.
Law enforcement will take a phased-in approach to the regulation. The Commercial Vehicle Safety Alliance has announced that officers will begin enforcing the mandate as soon as it goes into effect December 18, but will not place trucks out of service for operating without an ELD until April 1, 2018.
For additional compliance information regarding the ELD rule, click here.
DOT Secretary: No Progress on Infrastructure Until Congress Passes Tax Reform
Earlier this year, the White House unveiled a blueprint that called for a $1 trillion, 10-year infrastructure plan that would rely primarily on $200 billion in federal funds as a way of garnering $800 billion in private capital investments. The Administration also set an ambitious timeline of advancing the plan through Congress by Thanksgiving.
In remarks delivered at the 2017 American Trucking Associations Management Conference & Exhibition, Transportation Secretary Elaine Chao emphasized that action on President Trump’s $1 trillion infrastructure proposal will be on hold until Congress completes work on tax reform.
"Originally, we anticipated the Administration’s infrastructure proposal by late fall 2017, but the Affordable Health Care Act was delayed and lawmakers are toiling with a tax overhaul," Chao told executives at the Management Conference.
Whether Congressional Republicans can move a tax overhaul package is uncertain. Rep. Kevin Brady (R-Texas), Chairman of the House Ways and Means Committee, told reporters on October 24 that the "odds are very good Congress will send tax legislation to President Trump’s desk by the end of the year."
EPA Abandons Changes to Biofuels Program amid Lawmaker Pressure
On September 27, the U.S. Environmental Protection Agency (EPA) announced it was weighing changes to the Renewable Fuel Standards (RFS), the federal program that requires the blending of ethanol with gasoline, to allow exported ethanol to count toward annual quotas mandated by Congress. Current rules only count fuels blended in the U.S. and exclude ethanol that’s exported abroad in the required credits that come from either blending 10 percent ethanol into gasoline or buying credits from ethanol producers.
The EPA also announced that it was considering potential reductions in the 2018 and 2019 renewable volume requirements (RVOs) for biomass-based diesel, advanced biofuel, and total renewable fuel under the RFS.
However, in an October 19 letter to seven senators, EPA Administrator Scott Pruitt pledged that he would not pursue any actions to lower the biodiesel mandate or allow ethanol exports to count toward the mandate. "EPA has not taken any formal action to propose this idea, nor will EPA pursue regulations," Pruitt stated in the letter. The EPA is due to release final biofuel volume mandates by November 30, a date Pruitt said he is on track to meet.
Pruitt also stated in his letter that the agency would not shift the obligation for compliance away from fuel refiners to fuel distributors and that the EPA will actively explore whether it can allow the sale of gasoline with 15 percent ethanol (E15) year-round. Under current law, sales of E15 are restricted to the summer.
DOT Releases FY 2018-2022 Strategic Plan
On October 19, 2017, the U.S. Department of Transportation (DOT) released its draft strategic plan for fiscal years (FY) 2018-2022. The plan reflects the secretary’s priorities for achieving DOT’s mission through the following strategic goals:
• Safety: Reduce transportation-related fatalities and serious injuries across the transportation systemAs part of the release, DOT is asking the public to weigh in on the draft by November 13, 2017. DOT anticipates that the final DOT strategic plan for FY 2018-2022 will be submitted to Congress and posted on the DOT website in February 2018.
• Infrastructure: Invest in infrastructure to ensure mobility and accessibility and to stimulate economic growth, productivity, and competitiveness for american workers and businesses
• Innovation: Lead in the development and deployment of innovative practices and technologies that improve the safety and performance of the nation's transportation system
• Accountability: Serve the nation with reduced regulatory burden and greater efficiency, effectiveness and accountability
