Legislative & Regulatory Status — 113th Congress

May 24, 2013, Updates

Click Senate, House or Regulations panels to View Legislative & Regulatory Matrices

For additional information visit http://www.gpoaccess.gov/fr/index.html.
Items in RED text indicate a change of status or new item.

Key Updates on IANA Legislative Policy Issues:


  • The Partnership to Build America Act was introduced and referred to the House Transportation and Infrastructure Committee and the House Ways and Means Committee. (See H.R. 2084 in House matrix below)
Name

Sponsor

Date

Introduced
Description

(As introduced by sponsor)
Status

S. 880 The Safe Highways and Infrastructure Preservation Act of 2013

Lautenberg, F.

05/07/13

A bill to amend title 23 and 49, United States Code, to modify provisions relating to the length and weight limitations for vehicles operating on Federal-aid highways, and for other purposes.

Keywords: Truck Size and Weight

05/07/13 Referred to the Committee on Environment and Public Works

S. 823 The Projects of National and Regional Significance Act of 2013

Whitehouse, S.

04/25/13

A bill to authorize the appropriation of $500,000,000 for fiscal year 2014 to provide grants to States for surface transportation projects of national and regional significance.

Keywords: Transportation Infrastructure Financing/ Funding

04/25/13 Referred to the Committee on Environment and Public Works.

S. 732 The Harbor Equity Act of 2013

Paul, R.

04/16/13

A bill to modify the criteria used by the Corps of Engineers to dredge small ports.

Keywords: Ports, Dredging

04/16/13 Referred to the Committee on Environment and Public Works.

S. 638 The Railroad Antitrust Enforcement Act

Klobuchar, A.

03/21/13

A bill to amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

Keywords: Rail, Staggers Act

03/21/13 Referred to the Senate Committee on the Judiciary.

S. 601 Water Resources Development Act of 2013

Boxer, B.

03/18/13

To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

Keywords: Ports, Transportation Infrastructure Funding/Financing

05/15/13 Passed the Senate; Transmitted to the House of Representatives.

S.566 Water Infrastructure Now Public-Private Partnership Act

Durbin, R.

03/14/13

To establish a pilot program to evaluate the cost-effectiveness of allowing non-Federal interests to carry out certain water infrastructure projects, and for other purposes.

Keywords: Dredging, Ports, Capacity

03/14/13 Referred to the Committee on Environment & Public Works.

S. 565 The Mississippi River Navigation Sustainment Act

Durbin, R.

03/14/13

To provide for the safe and reliable navigation of the Mississippi River, and for other purposes.

Keywords: Dredging, Ports, Capacity

03/04/13 Referred to the Committee on Environment & Public Works.

S. 444 The Consolidated and Further Continuing Appropriations Act of 2013

Mikulski, B.

03/11/13

A bill to make appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for the fiscal year ending September 30, 2013, and for other purposes.

Keywords: Transportation Infrastructure Funding/Financing

03/20/13 Passed by Senate & House; Awaiting Presidential Signature.

S.AMDT.26 to H.R. 933 The Consolidated and Further Continuing Appropriations Act of 2013

Mikulski, B.

03/11/13

A bill to make appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for the fiscal year ending September 30, 2013, and for other purposes.

Keywords: Transportation Infrastructure Funding/ Financing

03/14/13Considered by Senate.

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S. 411 Short Line Railroad Rehabilitation and Investment Act of 2013

Rockefeller, J.

02/28/13

A bill to amend the Internal Revenue Code of 1986 to extend and modify the railroad track maintenance credit.

Keywords: Transportation Infrastructure Funding/ Financing, Rail

02/28/13 Introduced and referred to Senate committee on Finance

S. 407 Reinvesting in Vital Economic Rivers and Waterways Act of 2013

Casey, R.

02/28/13

A bill to provide funding for construction and major rehabilitation for projects located on inland and intracoastal waterways of the United States, and for other purposes.

Keywords: Transportation Infrastructure Funding/ Financing, Ports

02/28/13 Referred to Senate Committee on Environment and Public Works. 

S.387 American Infrastructure Investment Fund Act of 2013

Rockefeller, J.

02/26/13

A bill to establish the American Infrastructure Investment Fund and other activities to facilitate investments in infrastructure projects that significantly enhance the economic competitiveness of the United States by improving economic output, productivity, or competitive commercial advantage, and for other purposes.

Keywords: Transportation Infrastructure Funding/ Financing

02/26/13 Referred to Senate Committee on Commerce, Science, and Transportation.

S. 218 The Harbor Maintenance Act of 2013

Levin, C.

02/14/13

A bill to Ensure that amounts credited to the Harbor Maintenance Trust Fund are used for harbor maintenance.

Keywords:Ports, Capacity, Dredging, Transportation Infrastructure Funding/ Financing

02/4/13 Referred to Senate Committee on Environment and Public Works.

S. 178 Cross Border Trade Enhancement Act of 2013

Cornyn, J.

01/30/13

A bill to provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry, and for other purposes.

Keywords: Transportation Infrastructure Funding/Financing; Canada & Mexico

01/30/13 Referred to Committee on Homeland Security and Governmental Affairs.

S. 4 Rebuild America Act

Reid, H.

01/22/13

A bill to create jobs and strengthen our economy by rebuilding our Nation’s infrastructure.

Keywords: Surface Transportation Infrastructure Funding/Financing

01/22/13 Referred to Senate Commerce, Science and Transportation Committee.

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For additional information visit http://www.gpoaccess.gov/fr/index.html.
Items in RED text indicate a change of status or new item.

Key Updates on IANA Legislative Policy Issues:


  • The Partnership to Build America Act was introduced and referred to the House Transportation and Infrastructure Committee and the House Ways and Means Committee. (H.R. 2084)
Name Sponsor Date

Introduced
Description

(As introduced by sponsor)

Status

H.R. 2084 The Partnership to Build America Act

Delaney, J.

05/22/13

To establish the American Infrastructure Fund, to provide bond guarantees and make loans to States, local governments, and non-profit infrastructure providers for investments in certain infrastructure projects, and to provide equity investments in such projects, and for other purposes.

Keywords: Transportation infrastructure funding/ financing

05/22/13 Referred to the Committee on Transportation and Infrastructure and the Committee on Ways and Means.

H.R. 1906 The Safe Highways and Infrastructure Preservation Act of 2013

Hahn, J.

04/12/13

To direct the Secretary of HomelandSecurity to conduct a study and report to Congress on gaps in port security in the United States and a plan to address them.

Keywords: Ports, Security (trucks, rail, ocean carrier)

04/12/13 Referred to the House Committee on Homeland Security.

H.R. 1535 Gauging American Port Security (GAPS) Act

Hahn, J.

04/12/13

To direct the Secretary of HomelandSecurity to conduct a study and report to Congress on gaps in port security in the United States and a plan to address them.

Keywords: Ports, Security (trucks, rail, ocean carrier)

04/12/13 Referred to the House Committee on Homeland Security.

H.R. 1534 Port Security Grant Act of 2013

Hahn, J.

04/12/13

To amend section 70107 of title 46, United States Code, to authorize appropriations for the port security grant program through 2017.

Keywords: Ports, Security (trucks, rail, ocean carrier), Transportation Worker ID Card (TWIC)

04/12/13 Referred to the House Committee on Transportation and Infrastructure.

H.R.1419 The Bridge to Jobs Act

Hahn, J.

04/09/13

To provide funds to each State to cover all the costs to repair or reconstruct a bridge determined by the Federal Highway Administration to be structurally deficient.

Keywords: Surface Transportation Infrastructure Funding/Financing

04/09/13 Referred to the House Committee on Transportation and Infrastructure.

H.R. 1153 Water Infrastructure Now Public-Private Partnership Act

Bustos, C.

03/14/13

To establish a pilot program program to evaluate the cost-effectiveness of allowing non-Federal interests to carry out certain water infrastructure projects, and for other purposes.

Keywords: Dredging, Ports, Capacity

03/14/13 Referred to the House Committee on Transportation and Infrastructure.

H.R. 1152 The Mississippi River Navigation Sustainment Act

Enyart, W.

03/14/13

To provide for the safe and reliable navigation of the Mississippi River, and for other purposes.

Keywords: Dredging, Ports, Capacity

03/14/13 Referred to the House Committee on Transportation and Infrastructure.

H.R. 1149 Waterways are Vital for the Economy, Energy, Efficiency, and Environment Act

Whitfield, E.

03/14/13

To provide for funding for construction and major rehabilitation for projects located on inland and intracoastal waterways of the United States, and for other purposes.

Keywords: Dredging, Ports

03/14/13 Referred to the Committee on Transportation and Infrastructure and the Committee on Ways and Means.

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H.R.1124 TIGER Grants for Job Creation Act

Waters, M.

03/13/13

Making supplemental appropriations for fiscal year 2013 for the TIGER Discretionary Grant program, and for other purposes.

Keywords:

03/13/13 Referred to the Committee on Appropriations and Committee on the Budget.

H.R. 1108 The Cross Border Trade Enhancement Act of 2013

Cuellar, H.

03/13/13

To provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry, and for other purposes.

Keywords: Canada & Mexico, Transportation Infrastructure Funding/ Financing

03/13/13 Referred to the Committees on Ways and Means, Transportation and Infrastructure, and the Judiciary.

H.R. 974 Multimodal Opportunities Via Enhanced Freight Act of 2013

Sires, A.

03/05/13

To amend titles 23 and 49, United States Code, to establish national policies and programs to strengthen freight-related infrastructure, and for other purposes.

Keywords: Freight, Intermodal, Transportation Infrastructure Funding/ Financing

03/05/13 Referred to the House Committee on Transportation and Infrastructure.

H.R. 949 Invest in American Jobs Act of 2013

Rahall, N.

00/05/13

To ensure that transportation and infrastructure projects carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other purposes.

Keywords: Infrastructure; Rail

03/05/13 Referred to House Committees on Transportation and Infrastructure and Committee on Financial Services.

H.R. 933 Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing Appropriations Act, 2013

Rogers, H.

03/04/13

Making appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for the fiscal year ending September 30, 2013, and for other purposes.

Keywords: Transportation Infrastructure Funding/ Financing

03/20/13 Passed by Senate & House; Awaiting Presidential Signature.

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H.R. 787 Infrastructure Jobs and Energy Independence Act

Murphy, T.

02/15/13

To greatly enhance America's path toward energy independence and economic and national security, to rebuild our Nation's aging roads, bridges, locks, and dams, and for other purposes.

Keywords: Infrastructure; Transportation Infrastructure Funding/ Financing

02/15/13 Referred to House Committees on Natural Resources, the Judiciary, Energy and Commerce, Rules, the Budget, and Transportation and Infrastructure.

H.R. 612 Safe and Efficient Transportation Act

Michaud, M.

02/13/13

To amend title 23, United States Code, with respect to vehicle weight limitations applicable to the Interstate System, and for other purposes.

Keywords: Truck, Safety, Capacity, Truck Size and Weight

02/13/13 Referred to House Committee on Transportation and Infrastructure and the Committee on Ways and Means.

H.R. 583 Putting our Resources Toward Security (PORTS) Act

Vela, F.

02/06/13

To enhance the safety of ports of entry in the United States, and for other purposes.

Keywords: Port, Canada & Mexico

02/06/13Referred to the Committees on Homeland Security, Ways and Means, Agriculture, and Transportation and Infrastructure.

H.R. 335 Realize America’s Maritime Promise Act (RAMP) of 2011

Boustany, C.

01/22/13

A bill to ensure that amounts credited to the Harbor Maintenance Trust Fund are used for harbor maintenance.

Keywords: Port, Infrastructure, Dredging

01/22/13 Referred to the Committee on Transportation and Infrastructure and the Committee on Rules.

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For additional information visit http://www.gpoaccess.gov/fr/index.html.
Items in RED text indicate a change of status or new item.

Key Updates on IANA Regulatory Policy Issues:

  • DHS Announces $93 million is available for Port Security Grants. Applications due 06/24/13; selections made 10/02/13; awards made 09/01/13. (More info.)
  • FHWA plans to consult all eligible applicants when compiling its list of PNRS-eligible projects, per MAP-21. MAP-21 called for consulting State DOT’s only. Comments on this change are due 07/19/13. (More info.)
  • To reduce paperwork burden, FMCSA is proposing to eliminate the quarterly financial reporting requirements for certain for-hire motor carriers of property. Comments due 07/23/13. (More info.)

Agency

Type

Date Posted

Title

(As Published in the Federal Register)

Federal Register

Page No. (Vol.No.)

Status

FMCSA

Notice of proposed rulemaking (NPRM); request for comments

05/24/13

FMCSA-2012-0020: Rescission of Quarterly Financial Reporting Requirements

Keywords: Truck; Freight

31475 (78)

To reduce paperwork burden, FMCSA is proposing to eliminate the quarterly financial reporting requirements for certain for-hire motor carriers of property. Comments due 07/23/13.

DHS

Notice of Funding Availability

05/23/13

FY 2013 Port Security Grant Program

Keywords: Safety, Security, Scanning, Transportation Worker ID Card (TWIC)

Announcement

DHS Announces $93 million is available for Port Security Grants. Applications due 06/24/13; selections made 10/02/13; awards made 09/01/13.

FHWA

Notice and Request for Comment

05/20/13

FHWA–2013–0024: Agency Information Collection Activities: Request for Comments for a New Information Collection

Keywords: Transportation Infrastructure Financing/ Funding

29430 (78)

FHWA plans to consult all eligible applicants when compiling its list of PNRS-eligible projects, per MAP-21. MAP-21 called for consulting State DOT’s only. Comments on this change are due 07/19/13.

OST

Notice of Funding Availability

04/26/13

DOT–OST–2013–XXXX: Notice of Funding Availability for the Department of Transportation’s National Infrastructure Investments Under the Consolidated and Further Continuing Appropriations Act, 2013

Keywords: Transportation Infrastructure Funding/ Financing

24786 (78)

$473.847 million is available for award through the TIGER Discretionary Grant program. Applications are due 06/03/13.

DHS

Final Rule

04/25/13

TSA-2004-19605: Provisions for Fees Related to Hazardous Materials Endorsements and Transportation Worker Identification Credentials

Keywords: Transportation Worker ID Card (TWIC), Security

24353 (78)

TSA is revising specified fee amounts collected through TWIC card process. TSA may now increase or decrease fee amounts after giving notice in the FR. Current fee amounts are $43.25 for enrollment, $72 for risk assessment and card production, and $60 for card replacement. Effective 05/28/13.

FMCSA

Notice and Request for Comments

04/11/13

FMCSA–2013–0051: Agency Information Collection Activities; New Information Collection: Commercial Motor Vehicle Marking Requirements

Keywords:

21704 (78)

FMCSA announces plans to submit an ICR to enable documentation of the burden associated with marking "Self-Propelled CMVs and Intermodal Equipment." Comments due 06/10/13.

DHS

Update

05/10/13

USCG- 2007-28915: Transportation Worker Identification Credential (TWIC)—Reader Requirements

Keywords: Transportation Worker ID Card (TWIC), Security

27335 (78)

The comment period for the proposed rule published March 22, 2013, at 78 FR 17781, is extended. Comments and related material must be submitted to the docket by June 20, 2013.

 

Proposed Rule; Extension of Comment Period

05/08/13

 

 

Report

GAO report finds TWIC Card Reader Pilot Results Are Unreliable; Security Benefits Need to Be Reassessed

 

NRPM

03/22/13

 

17782 (78)

DHS Would require only “Risk Group A” vessels & facilities to use biometric TWIC readers; Risk Groups B&C would only use visual TWIC inspections. 2009 ANPRM proposed Risk Groups A&B use biometric TWIC readers. Comments due 05/21/13.

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OST

Notice

02/14/13

Notice of Establishment of National Freight Advisory Committee (NFAC or Committee) and Solicitation of Nominations for Membership

Keywords: Freight

11727 (78)

The Secretary notifies the public and solicits nominations for the National Freight Advisory Committee, which will advise on MAP-21 implementation and other relevant freight issues. Applications are due 03/21/13.

STB

Notice of Proposal

02/13/13

Railroad Cost Recovery Procedures — Productivity Adjustment

Keywords: Rail, Surface Transportation Board (STB)

10262 (78)

STB proposes increasing the measure of average change in railroad productivity between 2007-2011 by .1% over the average used between 2006-2010, making 1.009 (0.9% per year) the measure of average change in railroad productivity. Comments are due 02/26/13 and the adjustment is effective 03/01/13.

FHWA

Notice

02/06/13

Establishment of the National Freight Network

Keywords: Freight, Highways

8686 (78)

FHWA defines process for the designation of the national freight network as required by MAP-21.

STB

Update

05/16/13

Docket Number EP 431: Review of the General Purpose Costing System

Keywords: Rail, Railroad Regulation (Staggers Act), Surface Transportation Board (STB)

Update

STB proposes adjusting how URCS calculates certain system-average unit costs to better reflect railroad operations.

 

Extension for Comments

03/13/12

 

Update

STB has extended its comment deadline until 05/06/13; replies are now due 07/22/13.

 

Notice of Proposed Rulemaking

02/04/13

7718 (78)

STB is proposing changes to its Uniform Railroad Costing System (URCS) with a goal of producing more accurate movement costs. Comments due 04/22/13.

STB

Notice of Decision

001/17/13

North American Chassis Pool Cooperative, LLC — Pooling Application

Keywords: Intermodal, Surface Transportation Board (STB)

Decision

This decision approves a motor carrier pooling application filed by the North American Chassis Pool Cooperative, LLC (NACPC). NACPC members may now combine resources to acquire and contribute international intermodal chassis to existing chassis pools.

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FMCSA

Notice of Proposed Rulemaking

11/13/12

FMCSA-2011-0321 Patterns of Safety Violations by Motor Carrier Management

Keywords: Safety, Truck

67613 (77)

Rule would enable FMCSA to suspend or revoke registration of motor carriers that have shown egregious disregard for safety compliance. Comments due 01/14/13.

STB

Notice of Proposed Rulemaking

11/02/12

Information Required in Notices and Petitions Containing Interchange Commitments

Keywords: Railroad Regulation (Staggers Act); Surface Transportation Board (STB)

66165 (77)

STB currently requires requires a party seeking Board authority to sell or lease a rail line disclose an interchange commitment. The Board's proposed rule would require information on the impact any interchange commitment has on shippers and on the purchaser or lessee railroad.

OST

Notice

10/15/12

Interim Guidance on State Freight Plan and State Freight Advisory Committee

Keywords: Freight; Intermodal; Surface Transportation Reauthorization

62596 (77)

Per MAP-21 the Secretary has issued Interim Guidance on both state freight plans and state freight advisory committees. Comments due 11/15/12.

FRA

Notice

08/14/12

Request for Public Comment on Proposed State Rail Plan Guidance

Keywords: Rail, Transportation Infrastructure Funding/Financing

48591 (77)

FRA seeks comments on the agency's technical guidance for the development, submission, and acceptance of State rail plans. State plans are required for eligibility to receive capital grants authorized by PRIIA. Comments due 10/15/12.

STB

Update

03/05/13

STB Acts to improve ways to protect captive rail shippers from unreasonable rates

Keywords: Intermodal, Rail, Ports

Update

AAR rejects NITL’s proposal citing anticipated service failures and decreased efficiency.

 

Notice of Proposed Rulemaking

07/30/12

 

 

44571 (77)

 

STB proposes changing some of its regulations and procedures concerning rate complaint proceedings to ensure the Board’s processes for resolving rate disputes are more accessible. Comments due 10/23/12.

Announcement

07/25/12

Announcement

To protect captive shippers, STB proposes to reform its rules on how it resolves rate disputes and also announces consideration of a proposal submitted by The National Industrial Transportation League (NITL) to increase rail-to-rail competition.

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PHMSA

Advance Notice of Proposed Rulemaking

07/05/12

PHMSA-2011-0143: Hazardous Materials; Reverse Logistics

Keywords: Hazmat, Intermodal

39662 (77)

PHMSA is seeking comments on ways to reduce the regulatory burden for persons who ship consumer products containing hazardous materials in the "reverse logistics" supply chain. Following this ANPRM, PHMSA anticipates publishing an NPRM that will propose to simplify the regulations for reverse logistics shipments and provide avenue means for regulatory compliance that maintains transportation safety.

Comments due 10/03/12.

STB

Final Rule

06/28/12

STB Proposes Rules to Increase Use of Mediation and Arbitration

Keywords: Surface Transportation Board (STB)

29071 (78)

STB issued a final rule allowing the Board to mandate mediation; it also establishes a new arbitration program for carriers and shippers. Effective 06/13/13.

 

Hearing Notice

06/28/12

 

Announcement

STB will hold a public hearing on 08/02/12 in Washington, DC to explore issues related to this proposal.

 

Notice of Proposed Rulemaking

04/18/12

 

23208 (77)

STB proposes that Class I & II rail carriers must participate in STB's arbitration program (unless granted an exemption); Class III rail carriers and shippers have the option to participate.

Comments due 06/18/12.

Notice; Request for Comments

03/28/12

 

19591 (77)

Notice

 

STB proposes changes that would require mediation for certain cases and would modify its existing regulations that permit parties to engage voluntarily in mediation. STB also proposes an arbitration program under which carriers and shippers would voluntarily participate.

Comments due 05/17/12.

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FMCSA

Update

12/03/12

FMCSA 2012-0074: Improvements to the Compliance, Safety, Accountability (CSA) Motor Carrier Safety Measurement System (SMS)

Keywords: FMCSA Compliance, Safety, Accountability Program (CSA), Hazmat, Truck 

Update

FMCSA has released a series of guides explaining elements of the CSA program’s Safety Management Cycle.

 

Update

12/03/12

 

Update

The SMS changes announced 08/24/12, and scheduled to go live at some point in December, went into effect.

 

Announcement

10/05/12

 

Announcement

The Pre-Employment Screening Program has been expanded to allow for motor carriers and companies directly involved with hiring drivers to access PSP records with a driver’s consent.

 

Motor Carrier Safety Advisory Committee (MCSAC): Public Subcommittee Meeting

10/03/12

 

60507 (77)

On 10/16/12 and 10/17/12 the Motor Carrier Safety Advisory Committee will be provided recommendations on the CSA program from the Committee’s CSA subcommittee. The meeting is open to the public and will be held in Arlington, VA.

 

Notice; Response to Comments

08/24/12

 

52110 (77)

FMCSA gives notice that SMS changes previewed in March will become effective in December, as will an additional four changes made available for preview through this notice.

 

Notice of meeting of Motor Carrier Safety Advisory Committee

08/03/12

 

46555 (77)

On 08/27/12 the Motor Carrier Safety Advisory Committee will be provided with a briefing on (CSA) program, assigned a new task concerning CSA, and it will establish a CSA subcommittee. Meeting is open to public.

Comments due 08/21/12.

 

Notice to amend a system of records

07/20/12

 

42548 (77)

FMCSA gives notice and requests comment on changes to the privacy of Pre-Employment Screening Program data which is used for the CSA program. Among other changes, the agency plans to revise a category of records identified as "Access Transaction Records" to clarify that the information is kept on the users who have access to the system for pre-employment screening.

Comments due 08/21/12.

 

Announcement

07/16/12

 

Announcement

The Alliance for Safe, Efficient and Competitive Truck Transportation seeks judicial review of the agency's May 16 publication, "New Resources Available for Shippers, Brokers and Insurers".

 

Announcement

07/13/12

 

Announcement

OOIDA filed suit against FMCSA over the agency's Pre-Employment Screening Program which is used by the CSA program. OOIDA alleges FMCSA released violations were not yet upheld in court and were dismissed in court.

 

Notice; Extension of Comment Period

05/24/12

 

31066 (77)

FMCSA extends comment period for motor carriers and law enforcement to 07/30/12.

 

Notice; Request for Comment

03/27/12

 

18298 (77)

FMCSA proposes changes to the CSA program that are designed to better enable enforcement interventions through more accurate identification and prioritization of high-risk motor carriers. Proposed changes can be viewed here: http://csa.fmcsa.dot.gov/.

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FRA

Notice of Proposed Rulemaking

12/11/12

FRA-2011-0028: Positive Train Control Systems

keywords: Rail, Positive Train Control (PTC)

73589 (77)

Proposal would expand exceptions to PTC implementation, including an allowance for double the number of freight cars holding poison-by-inhalation hazmat materials and revising the grade limitation.

 

Final Rule

05/14/12

 

28285 (77)

FRA will hold a public hearing 11/10/11 in Washington, D.C. to discuss proposed PTC rulemaking. Attendees must RSVP at least 5 days prior to the hearing. FRA is also extending the comment period for its proposed rulemaking to 11/25/11.

 

Notice of public hearing and extension of comment period

10/14/11

 

63899 (76)

FRA will hold a public hearing 11/10/11 in Washington, D.C. to discuss proposed PTC rulemaking. Attendees must RSVP at least 5 days prior to the hearing. FRA is also extending the comment period for its proposed rulemaking to 11/25/11.

 

Notice of Proposed Rulemaking

08/24/11

 

52918 (76)

FRA proposes removing various requirements for railroads to either conduct further analyses or meet certain risk-based criteria to avoid PTC system implementation on track segments that do not transport poison-or toxic-by-inhalation (PIH) hazardous materials and are not used for intercity or commuter rail. Comments due by 10/24/11.

FMC

Notice of Request for Additional Information

03/13/13

FMC Agreement Number 011962-007: Consolidated Chassis Management Pool Agreement

Keywords: Maritime Law

15951 (78)

 

FMC requests additional information on the proposed amendment to the CCM Pool Agreement from parties involved, thus delaying the amended agreement’s effective date. Comments due 03/28/13.

 

Notice of Amendment Filed

01/30/13

 

 

6325 (78)

Parties involved in the Consolidated Chassis Management Pool filed an amendment which would allow contributors to the CCM chassis pools, including non-regulated entities, to serve on the Governing Board and on Board of individual pools, among other things.

 

Agreement

 

12/29/11

 

Agreement

The FMC will allow Consolidated Chassis Management to directly manage chassis pools, and will allow truckers and shippers to participate in equipment co-op pools.

 

Request for Additional Information

09/21/11

 

 

58514 (76)

 

FMC requests additional information from the agreement’s listed parties, preventing the agreement from becoming effective as originally scheduled. Comments must be filed by 10/06/11.

 

Notice of Agreement Filed

08/17/11

 

51033 (76)

FMC gives notice of an agreement filed under the Shipping Act of 1984, and allows for a ten day comment period. The agreement requests authority for the corporate restructuring of Consolidated Chassis Management and its affiliated chassis pools, including authority to form separate business entities to facilitate the purpose of the Agreement. Comments were due 8/27/11.

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FMC

Notice of Meeting Scheduled

02/07/13

Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements; Tariff Filing Exemption

Keywords: Cargo, Maritime Law

Notice

FMC will hold an open meeting 02/13/13 during which Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements will be discussed.

 

Direct Final Rule; Request for Comments

06/18/13

 

 

33971 (77)

FMC is revising the regulations which govern negotiated rate arrangements. The rule eliminates some recordkeeping requirements to make them less burdensome. Rule effective 09/10/12. Comments due 08/10/12.

 

Notice of Inquiry

01/03/12

 

 

33971 (77)

FMC is seeking comments on ways to make the tariff filing exemption provided to licensed non-vessel-operating common carriers in its regulations more useful, including its possible extension to foreign-based non-vessel-operating common carriers not licensed by FMC. Comments due 03/26/12.

 

Final Rule

03/02/11

 

 

11351 (75)

FMC is exempting licensed non-vessel-operating common carriers that enter into negotiated rate arrangements from the tariff rate publication requirements of the Shipping Act of 1984 and certain provisions and requirements of the Commission’s regulations. The final rule was effective 04/18/11.

STB

Notice of commencement of proceeding and request for comments

07/31/12

EP 705: Competition in the Railroad Industry

Keywords: Antitrust, Capacity, Freight, Rail, Regulation

45327 (77)

STB is beginning a proceeding to consider National Industrial Transportation League's (NITL) proposal to increase rail-to-rail competition. Comments due 11/23/12.

 

Update

06/22/11

 

Opening Statement — Commissioner Mulvey

STB held the hearing on rail competition 06/22/11 — 6/23/11. A list of speakers who testified is available here.

 

Announcement

02/04/11

 

Announcement



Original Notice

STB delayed its hearing on rail competition, originally scheduled for 05/03/11. The hearing took place 06/22/11. Written comments were due 04/12/11. Replies were due 05/27/11. Notices of intent to participate in the hearing were due 06/10/11.

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FMCSA

Notice of Public Listening Session

02/29/12

FMCSA-2010-0167: Electronic On-Board Recorders and Hours of Service Supporting Documents

keywords: Electronic On Board Recorders (EOBR), Hours of Service (HOS), Safety

74267 (77)

FMCSA seeks to collect collect information from drivers & carriers on the issue of driver harassment to determine the extent to which EOBRs could be used to harass drivers and/or monitor driver productivity. Comments due 02/11/13.

 

Notice of Public Listening Session

02/29/12

 

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FMCSA will hold a public listening session to solicit information on EOBRs and the issue of driver harassment. To be held 03/23/12 at the Mid-America Trucking Show in Louisville, KY.

 

Update

02/29/12

 

Update

ATA has filed an amicus brief supporting FMCSA's defense of EOBRs. OOIDA originally filed suit against in January of 2011.

 

Notice: request for additional public comment

04/13/2011

 

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FMCSA has republished its call for comments. Comments were due 05/23/11.

 

NPRM

02/01/2011

 

5537 (76)

FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to require certain motor carriers operating CMVs in interstate commerce to use EOBRs to document their drivers' HOS.

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FMCSA

Final Rule

05/14/12

FMCSA-2004-18940: Electronic On-Board Recorders for Hours-of-Service Compliance

keywords: Electronic On Board Recorders (EOBR), Hours of Service (HOS)

28448 (77)

 

Officially rescinds final rule published on April 5, 2010. This action responds to August 2011 decision by the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule. Effective 05/14/12.

 

Update

08/26/11

 

Update

Court overturns onboard truck recorder rule citing that FMCSA did not meet a specific requirement set by Congress to ensure that EOBRs not be used to harass truck drivers.

 

Update

10/25/10

 

Update

The Owner-Operator Independent Drivers Association filed a petition seeking review of the final rule mandating EOBR for motor carriers with persistent noncompliance with hours-of-service regulations, arguing that there is no proof the devices can accurately and automatically record a driver's hours of service and duty status.

 

Final rule/ Technical amendments and response to petitions for reconsideration

09/13/10

 

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In response to petitions for reconsideration, FMCSA made adjustments to the requirements relating to the temperature range in which EOBRs must be able to operate, and the connector type specified for the USB interface. The amendments in this final rule became effective 09/13/10.

 

Final rule

04/05/10

 

17208 (75)

 

 

EOBR Docket

FMCSA requires mandatory use of EOBRs for motor carriers that have demonstrated serious noncompliance with the HOS rules.

This final rule was effective 06/04/10. Motor carriers must comply with this final rule by 06/04/12.

FRA

Update

07/08/11

FRA-2008-0132 — Positive Train Control Systems

keywords: Rail, Safety, Positive Train Control (PTC)

 

Update

The PTC rule has been approved by the Office of the Secretary and sent to OMB. Publication is scheduled for 10/10/11.

 

 

Announcement

03/07/11

 

Announcement

In response to requests from Class I Railroads and AAR, FMCSA has agreed to issue a new proposed rulemaking to reduce the number of route miles requiring positive train control (PTC) systems by about 10,000 miles.

 

Final rule amendments

09/27/10

 

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FRA made amendments to the final PTC Rule. The amendments to the final rule are effective 11/26/10.

 

Final rule; request for comment on specific issues

01/15/09

 

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PTC Docket

FRA has issued a final rule guiding the implementation of the Positive Train Control (PTC) provisions included in the Rail Safety Improvement Act of 2008.

FMC

Update

12/03/12

FMC Docket #: 08-05/ Agreement No.s 201178 / 201199 City of Los Angeles, CA, Harbor Department of the City of Los Angeles, Board of Harbor Commissioners of the City of Los Angeles, City of Long Beach, California, Harbor Department of the City of Long Beach, and the Board of Harbor Commissioners of the City of Long Beach—Possible Violations of Sections 10(B)(10), 10(D)(1) and 10(D)(4) of the Shipping Act of 1984; Order of Investigation and Hearing

Keywords: Owner-Operator, Ports, Clean Ports, Clean Truck Programs (CTP)

Update

The Supreme Court will review the U.S. Court of Appeals decision regarding the Port of LA Clean Truck Program’s concession requirements.Opening arguments will be heard 04/16/13.

 

Update

12/03/12

 

Update

The Office of the Solicitor General has advised the Supreme Court against reviewing the 9th Circuit Court’s decision regarding the Port of LA’s Concession Agreements.

 

Update

07/19/11

 

Update

The 9th U.S. Circuit Court's Judge Snyder has ruled that the Port of Long Beach violated state law by reaching a settlement with the trucking industry without first performing an environmental impact study.

 

Update

06/17/11

 

Update

The 9th Circuit Court heard arguments on the case on 06/10/11. A ruling is not expected for at least 2 months.

 

Update

11/10/10

 

Update

Citing the injunction ruling from Judge Snyder, the U.S. Court of Appeals for the 9th Circuit denied ATA's request for an expedited hearing of its appeal in the Port of Los Angeles clean-truck case. The case will like extended well into 2011.

 

ATA has filed suit against the Port of Los Angeles over portions of its Clean Truck program.

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FMCSA

Update

03/18/13

FMCSA-2004-19608: Hours of Service of Drivers

keywords: HOS

Update

 

The U.S. Court of Appeals for the District of Columbia Circuit heard opening arguments; the court has no deadline to produce a decision.

 

Update

1/28/13

 

Update

Oral arguments have been scheduled to take place 03/15/12 in the U.S. Court of Appeals for the District of Columbia Circuit.

 

Update

12/18/12

 

 

Update

Oral arguments have been scheduled to take place 03/15/12 in the U.S. Court of Appeals for the District of Columbia Circuit.

 

Update

09/24/12

 

Update

FMCSA has filed a court brief in defense of its HOS rule. ATA must reply to the brief by 10/24/12.

 

Update

07/31/12

 

 

Update

15 industry groups have filed a joint amici curiae brief which supports the ATA petition.

 

Update

07/25/12

 

 

Update

ATA et al filed a petition seeking review of the final HOS rule. Specifically, petitioners challenge the rule’s restart provisions and off-duty break requirements.

 

Final Rule; Correction

02/13/12

 

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Notice corrects the amendatory language or guidance to legal editors of the Code of Federal Regulations on the proper codification of the rule.

 

Final Rule

01/27/12

 

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Full compliance is required by 07/01/13. Compliance for penalty schedule, violations and monetary penalties, and definition of on-duty time must be complied with by effective date of 02/27/12.

 

Final Rule

12/22/11

 

Final Rule

FMCSA has issued final rule. Rule cuts maximum weekly hours worked by 12, redefines "on-duty" time and requires 34 hours "off duty" before restarting weekly clock.

 

Update

11/02/11

 

Article

FMCSA submitted its final rule to OMB for review; FMCSA owes a status update to the court by 11/28/11.

 

Update

05/30/11

 

Article

FMCSA has delayed the scheduled release of the final rule to October 2011 in order to allow time to review comments on the new materials added to the docket in May.

 

Notice; availability of supplemental documents; reopening of comment period

05/09/11

 

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FMCSA has placed four additional documents in the public docket of its recent HOS NPRM. The Agency is reopening the comment period on the NPRM to allow for review and discussion of these documents and FMCSA's possible consideration of their findings in the development of the final rule. Comments will only be considered on the four new documents.

Comments were due 06/08/11.

 

GAO Study

01/26/11

 

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The GAO has released a study entitled “Commercial Motor Carriers: More Could Be Done to Determine Impact of Excessive Loading and Unloading Wait Times on Hours of Service Violations.”

The full report is available here.

Highlights of the report are here.

 

NPRM; notice of availability of supplemental documents and corrections; extension of comment period

 

02/16/11

 

82170 (75)

FMCSA has released additional documents regarding the HOS rulemaking. The public comment period ended 03/04/11.

 

NPRM

12/23/10

 

HOS Docket

FMCSA proposes to amend the HOS regulations for CMV drivers.

Comments were due 02/28/11.

FDA

Advance Notice of Proposed Rulemaking

08/30/10

FDA-2010-N-0013: Implementation of Sanitary Food Transportation Act of 2005

Keywords: Safety

22713 (75)

FDA issued this ANPRM as part of its implementation of the 2005 SFTA, which requires the Secretary of HHS to issue regulations setting forth sanitary transportation practices to be followed by shippers, carriers by motor vehicle or rail vehicle, receivers, and others engaged in food transport.

Comments were due 08/30/10.

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FMCSA

Final Rule Sent to OST

06/12/12

FMCSA-2005-23315: Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment

keywords: Intermodal, Roadability

Update

The White House Office of Management and Budget has completed its review of the Federal Motor Carrier Safety Administration's revised Final Rule on the inspection, repair and maintenance of intermodal equipment as it pertains to filing a DVIR on equipment that has no defects.

 

Final Rule Sent to OST

02/28/12

 

Update

This rule has moved to the Office of the Secretary of Transportation for review and approval.

 

Final rule; partial extension of compliance date.

05/20/11

 

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FMCSA has once again extended the compliance deadline for no-defect DVIRs.

The new deadline is 06/30/12.

 

Final rule; partial extension of compliance date.

08/20/10

 

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In response to petitions, FMCSA has announced that the requirement to file no-defect DVIRs goes beyond stated requirements and is likely to provide only negligible safety benefits. Therefore, the department has determined that it may be necessary to issue a NPRM to propose eliminating the requirement for no-defect DVIRs. In the meantime, FMCSA extended the compliance deadline from 06/30/10 to 06/30/11.

 

Announcement

01/27/12

 

Announcement

IANA launched their Driver Vehicle Inspection Report (DVIR) Processing System. The system assists motor carriers, intermodal equipment providers (IEPs), facility operators, and maintenance & repair vendors with regulatory compliance and identification of defective equipment.

DVIR reporting was required by 06/30/10.

Register for IANA DVIR processing services here: www.DVIR.Intermodal.org

 

Final Rule/ Technical Amendments

12/29/09

 

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Roadability Docket

In response to petitions, FMCSA has announced that the requirement to file no-defect DVIRs goes beyond stated requirements and is likely to provide only negligible safety benefits. Therefore, the department has determined that it may be necessary to issue a NPRM to propose eliminating the requirement for no-defect DVIRs. In the meantime, FMCSA extended the compliance deadline from 06/30/10 to 06/30/11.

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