U.S. Legislative News

 

 

FMCSA Seeks Input on Barriers to Deployment of Automated Driving Systems in CMVs

On March 26, the U.S. Federal Motor Carrier Safety Administration (FMCSA) issued a notice and request for comment “on existing Federal Motor Carrier Safety Regulations that may need to be updated, modified, or eliminated to facilitate the safe introduction of automated driving systems-equipped commercial motor vehicles onto our Nation’s roadways.”

In September 2017, the U.S. Department of Transportation released its autonomous vehicle voluntary guidance called “Automated Driving Systems: A Vision for Safety 2.0.” However, those guidelines do not apply to trucks, which fall under the FMCSA. Current FMCSA rules require a trained driver behind the wheel at all times, regardless of autonomous technology. FMCSA is exploring the possibility of doing away with that requirement.

“The absence of specific regulatory text requiring a driver be behind the wheel may afford the Agency the flexibility to allow, under existing regulations, automated driving systems to perform the driver’s functions without the presence of a trained commercial driver in the driver’s seat,” the Agency stated in its request for comment.

The voluntary guidance adopts definitions for levels of automation, ranging from 0-5. For the purposes of this comment request, FMCSA’s primary focus is levels 3-5, which meet these definitions:

• SAE Level 3, Conditional Driving Automation; the driver is a necessity, but is not required to monitor the environment. The driver must be ready to take control of the vehicle at all times with notice.
• SAE Level 4, High Driving Automation; the vehicle is capable of performing all driving functions under certain conditions. The driver may have the option to control the vehicle.
• SAE Level 5, Full Driving Automation: the vehicle is capable of performing all driving functions under all conditions.

Comments on this notice will be accepted through May 10, 2018.

 

Full Enforcement of Electronic Logging Device Mandate Now in Effect

On April 1, the Federal Motor Carrier Safety Administration’s (FMCSA) electronic logging device (ELD) mandate went into full effect, requiring most commercial motor vehicles (CMVs) to have a compliant ELD in the cab to track the driver’s hours of service. Any driver operating a property-carrying CMV without a compliant ELD or grandfathered Automatic Onboard Recording Device will be placed out of service for 10 hours. Passenger-carrying CMV drivers will be placed out of service for eight hours. Violations will be recorded on a roadside inspection report and the driver may be cited (e.g., issued a violation ticket or a civil penalty) for failing to have a required electronic record of duty status.

All ELD violations will be counted against a motor carrier’s Safety Measurement System score, which will drive selection for investigation within FMCSA’s Compliance, Safety, Accountability program. FMCSA will determine appropriate action against non-compliant motor carriers.

For more information, visit the FMCSA’s ELD Compliance website.

 

EPA to Revise Obama-Era Auto Emissions Standards

On April 2, the U.S. Environmental Protection Agency (EPA) announced the completion of the Midterm Evaluation (MTE) process for the greenhouse gas emissions standards for cars and light trucks for model years 2022-2025. In the announcement, EPA Administrator Scott Pruitt said the agency will revise current emissions standards for cars and trucks in light of recent data. Current regulations from the EPA would have required automakers to reach an average fuel economy of 54.5 miles per gallon (mpg) by 2025. 

“The Obama Administration's determination was wrong,” said Pruitt in a statement. “President Obama’s EPA cut the MTE process short with politically charged expediency, made assumptions about the standards that didn’t comport with reality, and set the standards too high.”

Revisions to the current standards are likely to result in a lengthy showdown with California, which has the authority under the Clean Air Act to set its own emissions limits. Currently the federal and California standards are the same and the state does not want to see them weakened. California has already threatened to sue if its waiver is revoked and it is blocked from imposing stricter targets. Such a fight has broad implications given that 12 other states, representing more than a third of the U.S. auto market, follow California’s standards. 

The auto industry largely applauded the decision, arguing that the current requirements were too costly and would have resulted in raised vehicle prices due to the cost of developing the necessary technology.  “This was the right decision, and we support the Administration for pursuing a data-driven effort and a single national program as it works to finalize future standards,” said Gloria Bergquist, Vice President of Communications and Public Affairs for the Alliance of Automobile Manufacturers.

Pruitt did not specify what limits would be put in place, saying the EPA and the U.S. National Highway Traffic Safety Administration would establish a standard that “allows auto manufacturers to make cars that people both want and can afford — while still expanding environmental and safety benefits of newer cars.” The EPA said Pruitt is still considering the status of California’s waiver.

 

White House Infrastructure Adviser Resigns

On April 3, the White House announced that David J. Gribbin, President Trump’s Infrastructure Advisor, would be stepping down from his post to pursue other opportunities. Gribbin is the key architect of President Trump’s $1.5 trillion infrastructure proposal, which was unveiled last February. His midstream departure is being seen by some critics as an indication that the Administration’s heavily-touted infrastructure plan has stalled.

Many Republicans in Congress have been reluctant to take up the President’s 10-year, $200 billion proposal, which the White House says will spur $1.5 trillion in overall spending. Passage of the Republican tax cut package late last year may be a factor for the lack of GOP enthusiasm surrounding the plan. Democrats have suggested reversing some of the corporate tax cuts to pay for $1 trillion in federal infrastructure spending, but this idea was quickly panned by the White House.

A date for Gribbin’s departure has not been given, but the White House says a replacement will be named shortly. Alex Herrgott, the White House Council on Environmental Quality’s Associate Director for Infrastructure, is widely believed to be a top candidate, but a final decision has not been made.