Insights - March/April 2018 - 30

GOVERNMENT NEWS
Regulatory Proceeding,
Agency Leader Confirmations
Advance
Several agency actions, as well
as multiple administration leadership
confirmations and nominations, have
taken place recently.
Following hearings held on Jan. 16
and 17, the Federal Maritime Commission
decided to proceed with a formal review
of a petition from shippers, motor
carriers and others to review the agency's
regulations on detention, demurrage and
per diem charges. The Coalition for Fair
Port Practices filed the Petition, P4-16,
seeking revisions to the rules in light of
rising expenses related to cargo delays.
The maritime agency's review,
known as an investigation, will be led
by Commissioner Rebecca Dye with a
scheduled completion on or before Dec. 2
of this year.
In a statement, the FMC said Dye
will make recommendations for action,
including "investigations of prohibited

30 Intermodal Insights | March/April 2018

acts; enforcement priorities; policies;
rulemaking proceedings; or other actions
warranted by the record developed in the
proceeding."
Acting
Chairman
Michael Khouri
noted in the
statement that,
while there
had not been
any formal
complaints
to FMC, "The
coalition raised
Khouri
substantive
issues. Various alleged practices were
described that - without countervailing
or explanatory testimony and evidence
- would be troubling."
At the Federal Motor Carrier Safety
Administration, two subtle changes were
made related to the agency's electronic
logging device mandate. It allows
drivers without an ELD who are found
in violation at an inspection to proceed,

after 10 hours of rest, to deliver a load.
"If the driver is dispatched again without
an ELD, the motor carrier will be subject to
further enforcement action," the agency's
March 13 announcement said.
Separately, the agency, in a frequently
asked questions document, stated "if your
operation uses AOBRDs before December
18, 2017, and you replace vehicles in your
fleet you can install an AOBRD that was
used in the previous commercial motor
vehicle. However, you may not purchase
and install a new AOBRD in a vehicle after
December 18, 2017."
The FMCSA announced early in March
that compliance with the ELD rule that took
effect on Dec. 18 has been steadily increasing since that date. The most recent available data showed a 96% compliance rate,
FMCSA reported.
On Capitol Hill, an omnibus spending
bill unveiled in mid-March included changes
related to transportation projects. One step
was to triple to $1.5 billion for the Transportation Investment Generating Economic
Recovery, or TIGER, projects. Funding increases also were slated for maritime and
discretionary funding for the Department of
Transportation.
Late in March, a bill was introduced in
the House that would allow 18 to 21-year
old persons to drive heavy trucks interstate.
Reps. Duncan Hunter (R-Calif.) and Trey Hollingsworth (R-Ind.) introduced the bill, known
as the DRIVE-Safe Act. Hunter said the bill
was "a common-sense approach that creates job opportunities for younger workers
and provides a vital resource to America's
trucking industry.
Two Department of Transportation
agencies now have permanent administrators with a background in the industries they
regulate. Ray Martinez heads the FMCSA
and Ronald Batory leads the Federal Railroad Administration. Both were confirmed in
mid-February by the Senate.
Batory comes to the FRA with several
decades of experience as a railroader. Most
recently, he was CEO of Consolidated Rail
Corp., the operating company that was created when CSX and Norfolk Southern Corp.
divided Conrail nearly two decades ago.
In a statement, the Association of
American Railroads said Batory is supremely
qualified to guide the FRA moving forward,
equipped with years of real world experience

http://www.galaxytransport.com

Table of Contents for the Digital Edition of Insights - March/April 2018