U.S. Legislative Updates

DOT Launches CSA Program

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has officially launched the Compliance Safety Accountability (CSA) program. The centerpiece of CSA is the Safety Measurement System (SMS), which will analyze all safety-based violations from inspections and crash data to determine a commercial motor carrier's on-road performance. The new safety program will allow FMCSA to reach more carriers earlier and deploy a range of corrective interventions to address a carrier's specific safety problems.

The SMS uses seven safety improvement categories called BASICs to examine a carrier's on-road performance and potential crash risk. The BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related, and Crash Indicator. Under FMCSA's old measurement system, carrier performance was assessed in only four broad categories.

To learn more about the new CSA program, visit http://csa.fmcsa.dot.gov/. To see the new SMS, visit http://ai.fmcsa.dot.gov/sms

Tax Extension Becomes Law

Congress passed and the President has signed into law the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act." The bill represents the bipartisan tax deal between President Obama and congressional Republican leadership announced December 6, 2010.

The new law includes several provisions of interest to fleet managers. The new law extends the biodiesel and renewable diesel $1 per gallon production credit through 2011, retroactive to January 1, 2010; extends the ethanol blenders' credit for one year at a rate of 45-cent per gallon; extends the 50-cent per gallon alternative transportation fuel credit for biomass, biogas, natural gas, and propane retroactive to January 1, 2010; and extends the alternative fueling infrastructure tax credit. The new law does not include an extension of the alternative fuel vehicle tax credit.

The new law also provides for 100 percent expensing for all capital investments, including vehicles, from September 9, 2010 through 2011. For fleets, the expensing provision will allow companies to expense 100 percent of the cost of the vehicle in the first year rather than depreciating the vehicle over several years.

NAFA Comments on EPA UST Guidance

NAFA Fleet Management Association has submitted written comments to the U.S. Environmental Protection Agency (EPA) on EPA's Proposed Guidance: a proposed Compatibility of Underground Storage Tank Systems with Biofuel Blends. EPA's Office of Underground Storage Tanks intends to issue final guidance that would clarify EPA's underground storage tank (UST) compatibility requirement as it applies to UST systems storing gasoline containing greater than 10 percent ethanol and diesel containing an amount of biodiesel (yet to be determined by EPA).

NAFA noted in the comments to EPA that while compatibility of UST systems with biofuels is a valid concern and needs to be addressed, a recent survey of NAFA Members reported no compatibility problems associated with the storage of either biodiesel or ethanol. NAFA said in the comments that it supported both options proposed by EPA for demonstrating compatibility – use of components certified or listed by an independent test laboratory or approved by the manufacturer. NAFA urged EPA to "consider very carefully the need to provide flexibility to the states who wish to take a different approach for demonstrating compatibility." NAFA said, "A state should not be able to supplant EPA's determination that certification by an independent test laboratory or approval by the manufacturer is sufficient to protect human health and the environment."

NAFA asked EPA to include biodiesel blends in the guidance. "We recommend that the guidance set the biodiesel blend threshold at B20, and allow higher percentage blend if certified (UST system components) to the higher level by a national laboratory or approved by the manufacturer," NAFA said.

A copy of NAFA's comments to EPA is available here.

NAFA's CARB Council Submits Comments

NAFA's California Air Resources Board (CARB) Advisory Council recently submitted comments to CARB on Proposed Amendments to the Regulations to Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and Other Criteria Pollutants from In-Use On-Road Diesel Fueled Vehicles and Off-Road Diesel Fueled Fleets. A copy of the comments is available here.

DOT Proposed Ban on Hand-Held Cell Phones

As part of its campaign to put an end to the practice of distracted driving, the U.S. Department of Transportation has proposed a new safety regulation that would specifically prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle (CMV). The proposed Federal Motor Carrier Safety Administration (FMCSA) rule would prohibit commercial drivers from reaching for, holding, or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver's license (CDL) for multiple offenses. Additionally, states would suspend a driver's CDL after two or more violations of any state law on hand-held cell phone use.

Leggett & Platt Commercial Vehicle Products

NAFA Fleet Management Association
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Princeton, NJ 08540

Telephone: 609.720.0882 Fax: 609.452.8004