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FMCSA Administrator Robin Hutcheson resigns

WASHINGTON — Robin Hutcheson, administrator of the Federal Motor Carrier Safety Administration (FMCSA) is resigning from the agency, effective Jan. 26, 2024. Following her departure, Sue Lawless, FMCSA’s executive director and chief safety officer, will serve as acting deputy administrator. The official announcement came from the FMCSA on Friday, Jan. 19. The previous day, Jan. 18, rumors about Hutcheson’s resignation swirled through the transportation world, and The Trucker received word that an “unnamed source” at FMCSA had confirmed her impending departure. Hutcheson joined the Biden-Harris administration in January 2021 and was confirmed as FMCSA administrator in September 2022, replacing former administrator Meera Joshi, who departed in December 2021 after less than a year at the agency’s helm. “It has been the most profound honor to serve in the Biden-Harris Administration, and I am grateful to President Biden for appointing me to these roles,” Hutcheson said in a prepared statement distributed by the FMCSA. “I thank Secretary Buttigieg for his leadership and confidence and recognize the dedicated team of professionals at the Department of Transportation who work hand in hand with industry partners to serve the American people and keep our country moving forward,” she said. During her three-year tenure with the Biden-Harris administration, Hutcheson served first as the deputy assistant secretary for safety policy within the Office of the Secretary and then as the FMCSA administrator. A statement released Jan. 19 by the FMCSA noted Hutcheson’s milestone achievements, which include combatting the COVID-19 pandemic on air and ground transportation, leading the development of the National Roadway Safety Strategy, developing key components of the Bipartisan Infrastructure Law and helping secure billions in funding, including for the Safe Streets for All program. “As FMCSA Administrator, Hutcheson focused on the safety of commercial motor vehicle drivers to improve safety outcomes and strengthen the supply chain,” the statement reads. “She took numerous regulatory actions to enhance roadway safety, improve quality of life for drivers, leverage technology and innovation to improve safety, increase the impact of FMCSA grant dollars in communities across the country, and promote transparency across the industry. Hutcheson was a fierce champion for women in the transportation industry and a committed partner to stakeholders.” Following the FMCSA’s announcement, the American Trucking Associations (ATA) released the following statement: “Administrator Hutcheson led FMCSA through a critical time as the pandemic, natural disasters, workforce shortages and supply chain disruptions challenged the freight economy in ways never seen before. America’s trucking industry is the heartbeat of this nation, and we depend on partners in government like Administrator Hutcheson who value data and stakeholder input to meet real-world needs and ensure the safe movement of freight across our nation’s highways. We applaud her communication, transparency and commitment to ATA and our members, and we wish her well in her future endeavors.” David Heller, senior vice president of safety and government affairs for the Truckload Carriers Association, thanked Hutcheson for her efforts. “Administrator Hutcheson’s service to our industry provided us with a partnership at the federal level so that we could advance safety performance and principals in a manner that benefitted all who traveled along our nation’s roadways,” Heller said. “The value she placed on industry involvement by engaging and communicating with our members continues to be viewed as the optimum approach towards understanding the enormity of the trucking business and the effects of rules and regulations that are placed on it,” he continued. ”On behalf of all the members of the Truckload Carriers Association, we wish Administrator Hutcheson the best of luck in her future endeavors.” Debbie Sparks, executive director of the National Motor Freight Traffic Association, also extended a word of thanks to Hutcheson. “We thank Robin for her service and her commitment to improving highway safety, both the general motoring public and truck drivers,” Sparks said. “Further, we hope that FMCSA continues to further their regulatory agenda without pause, and we look forward to working with acting Deputy Administrator Sue Lawless on important issues for NFMTA members.”

Soft demand cools LTL, keeps truckload rates flat, new freight report says

ATLANTA — In their Q1 2024 Freight Index report, third-party logistics provider AFS Logistics and TD Cowen report that less-than-truckload (LTL) rates are expected to remain relatively flat — with subtle fluctuations — while truckload rates continue hovering near the floor established in Q2 2023. For parcel, the index anticipates seasonal growth consistent with established patterns, but at more muted levels than previous years as lower overall demand clashes with the general rate increase (GRI) and other carrier pricing actions, according to a news release. “While the Federal Reserve is expected to cut interest rates later this year, the near-term economic outlook continues trends established in the second half of last year,” said Tom Nightingale, CEO of AFS. “Carriers are taking action to scrape out extra revenue, particularly in parcel, but the underlying reality of soft demand puts a damper on any upward pricing momentum.” Parcel: Carriers pull levers to raise revenue, compete for limited volumes Carriers typically communicate fuel surcharge increases with annual GRI announcements late in the year, but this latest round of fuel surcharge increases came separately. December 2023 saw UPS initiate an increase, FedEx follow suit, and then UPS implement another — all before the end of the month. When the dust settled, both carriers had introduced a 1% increase in express, while in ground, FedEx bumped up fuel by 1% and UPS increased it by 1.25%. Discrepancies also emerged between the two carriers’ demand surcharges, and are significant enough to affect how shippers allocate volumes. The UPS surcharge is 75% higher than FedEx for additional handling and twice as much as the FedEx fee for oversize/large packages. “The GRI, fuel surcharge increases and demand surcharges provide a view of carriers trying to address seemingly conflicting challenges – the need to boost revenue in the face of higher labor costs, while operating in a softer market that requires more aggressive pricing to compete for demand,” said Micheal McDonagh, President of Parcel for AFS. “The reality of limited volume continues to shine through in the data, driving expectations for a more limited-than-usual bump to rates in Q1 as carrier discounting diminishes the impact of the GRI.” Q1 2024 projections for ground parcel have rates at 28.9% above the January 2018 baseline, a 3.7% increase quarter-over-quarter (QoQ) powered by the GRI and fuel surcharge increases, but down 1.6% year-over-year (YoY). Data from Q4 2023 shows the result of holiday shipping patterns, with higher accessorial charges, average zone and fuel driving a modest increase of 0.7% in ground parcel rates from the previous quarter. With FedEx and UPS in a competitive pursuit of volume, discounting rose by a percentage point in Q4 2023, helping offset upward pressure on rates from other factors. In express parcel, the index is projected to reach 1.8% above the January 2018 baseline in Q1 2024, representing a 1.6% QoQ increase – more moderate compared to the same time in previous years – and a 2.2% YoY decrease. The continued “price war” as carriers compete for volume is anticipated to stymie the ultimate effect of the GRI and fuel surcharge increases on rates. Looking back at Q4 2023, express parcel rates declined 2.2% from Q3 2023 levels, the result of increased discounting and a shift away from premium services to less expensive offerings like two-day and three-day service. LTL: Rates flatten as Yellow volumes settle into new homes The index projects LTL rates to be 58.9% above the January 2018 baseline in Q1 2024, representing a small 0.7% decline from Q4 2023, but up 0.8% YoY, keeping rates at the escalated levels established since Q2 2022 and upheld partly due to the Yellow collapse in Q3 of 2023. The consolidation in capacity is expected to dull some of the downward pressure on rates that would normally be expected without a resurgence in demand, leading to the continued pattern of subtle fluctuations in LTL rate per pound. “The LTL market is in a bit of a stasis, as continued soft demand tests just how tight Yellow’s exit left capacity,” says Kevin Day, President of LTL for AFS. “While it won’t bring immediate changes, the auction of former Yellow terminals to other carriers is a major development. XPO and Estes in particular emerged as top acquirers, and those acquisitions should boost carrier network efficiency and overall capacity in the long run.” Truckload: Rates keep bouncing along the bottom The truckload rate per mile index is projected to be 4.6% above the January 2018 baseline in Q1 2024, down 0.2% QoQ and 2.9% YoY. While truckload rate per mile has exhibited consistency since establishing a floor in Q2 2023, average linehaul cost per shipment has declined in step with miles per shipment. Short-haul shipments – defined as less than 500 miles – grew from 79.8% of all shipments in Q2 2023 to 84.9% in Q4 2023. Despite the continued decline in Q4 2023, cost per shipment still sits 16% higher than pre-pandemic levels. “With pandemic-era inventory imbalances no longer subjecting businesses to the ‘tyranny of the urgent,’ shippers can be more strategic and optimize networks with more efficient moves,” says Andy Dyer, President of Transportation Management for AFS. “Will truckload rates finally rebound in 2024? We do not expect that to happen in Q1, but easing inflation and widely speculated interest rate cuts indicate macroeconomic conditions could support upward momentum later in the year.”

ACT Research: Freight cycle poised for new stage in ’24

COLUMBUS, Ind. — The nation’s freight cycle fundamentals will improve in 2024, according to the latest release of the Freight Forecast, U.S. Rate and Volume OUTLOOK report. Freight demand is below trend, but starting to recover, as post-pandemic effects fade, both real disposable incomes and retail sales are accelerating, and disruptions in ocean shipping are likely catalyzing the end of the 18-month destock. “The new year begins with global shipping in turmoil, import freight shifting from East to West, and for-hire demand on the long side of a two-plus-year downturn,” said Tim Denoyer, ACT Research’s vice president and senior analyst. “Changing ocean and inventory dynamics support an upturn in freight demand, particularly intermodal, where we raise our rate forecasts this month.” Global ocean shipping disruptions will likely add to air and land freight movements in 2024, according to ACT. The two primary routes from Asia to the U.S. East Coast have been severely impacted by conflict in the Red Sea and low water in the Panama Canal. This is pressing freight to the west coast ports, where the intermodal network will likely experience strong demand, which will eventually flow into the truckload market. “Real retail sales recently turned positive after a year of declines, and after 18 months of destocking, a restock is drawing near, spurred by ocean risks,” Denoyer said. “Supply dynamics are also shifting as 2024 begins, setting up a new stage of the cycle. While partly temporary, the mid-January cold-related slowdown in rail volumes is already sparking truckload spot activity.”

FTR analysts: Industry’s road to recovery will be long, progress sluggish

BLOOMINGTON, Ind. — The trucking industry will recover from the current downcycle, but progress will be slow. That was the consensus reached during a Jan. 11 webinar hosted by FTR Transportation Intelligence. The event was moderated by FTR CEO Jonathan Starks, while Avery Vise, vice president of trucking, and Eric Starks, chairman, contributed their insights and expertise. State of the Industry Vise kicked off the webinar, providing an overview of the economy and what the trucking industry can expect in the coming months. “We’re at record levels in both services and goods in spending,” he said, explaining that spending for services is high, but that inflated spending could well be due to … well, inflation. Another economic sign Vise pointed to is average household debt. Using data from the Federal Reserve, he showed consumers are borrowing more and saving less — both negative trends. However, the other side of that coin is an uptick in available cash in checking accounts and other liquid assets. “What we see is a dramatically larger amount of money in the system right now to support consumption,” he explained. “So, this level of consumption certainly can continue in the absence of some type of inflection.” Vise also addressed inventories to sales ratios in the wholesale sector. “The inventories are actually quite lean relative to history,” he said. “In fact, they’re the leanest on record except for the period of endemic disruption itself, which we would put in between mid-2020 through the end of 2021. So, this is something to watch.” “Sluggish” is the word Vise used to describe industrial production, another of the key indicators used in his analysis. “We’re looking at having a decline this year of about a half a percent, certainly nothing to get excited about. That was after not much of an improvement last year — basically two tenths of a percent,” he said. “As we go into 2025, we’re expecting maybe a half percent or more growth over 2024. Not horrible, but certainly not good.” Truckers, of course, want to know how all this ties into the freight market and what they can expect going forward. “When we look at the portion of the economy that is tied to freight — the goods transport sector — that is decidedly less rosy even than GDP (gross domestic product),” Vise explained. “We were flat, basically, last year, and this coming year, we expect 1.2% growth. We’re projecting a little over 2% in 2025. One point two percent growth does not get you very much in terms of actual freight volumes.” Vise addressed another hot topic — inflation. “We are seeing inflation starting to cool,” he said. “The increases in (interest) rates are probably done, and we’re going to potentially see declines. I think our assessment is that the risks are probably still a little bit weighted to the downside, but not really significantly. “Let’s go on and talk about the elephant in the room, which is capacity,” he continued. “That’s really where things are going to change in the coming year, as we don’t see a lot of reason to expect a big increase or decrease in freight volume.” Turning his attention to carrier population, using the number of carriers registered by the U.S. Department of Transportation, Vise noted that the fourth quarter of 2023 saw the largest-ever net decreases in carriers across the nation. However, he said, the number of active motor carriers is still considerably high. “More to the point is that we still are somewhere in the neighborhood of 100,000 carriers higher than we were before the pandemic,” he explained. Even though many of those extra carriers are smaller businesses with only one to three trucks, that’s still a lot of trucks competing for the available freight, he added. In addition, even when carriers close their doors and registrations are revoked, it doesn’t always mean trucks and drivers are removed from the freight market. The owners of some of those trucks enter lease agreements with carriers and continue to operate, just under another carrier’s authority. Other trucks may be parked or sold, with the owner taking a job as a company driver, filling one of that carrier’s parked trucks. Vise predicts the industry will see some rises in freight rates by the end of the year — but he says they’ll be small ones. He pointed out that rates are still about 10% higher than they were at the peak of the 2018 market; however, operating costs have risen substantially since then. Rail and Intermodal Impact Eric Starks spoke next, providing an update on rail freight before going into the intermodal segment of the market. He explained that, as rates rise in the trucking industry, more shippers look to rail to move shipments. Unfortunately, not all railroads have a good record with time-sensitive freight and for some shipments rail isn’t an option, but that still leaves plenty of available shipments. In the meantime, he said, the rail industry has suffered from the same falling rates as trucking. Rail intermodal will likely be impacted by the same conditions as trucking — the difficulty of getting containers to U.S. ports. One major problem is the Panama Canal, which depends on the availability of water from inland lakes to operate locks and keep canal levels high enough for shipping. Dry conditions, as well as the additional water needed by the expanded canal, have resulted in water levels dropping low enough at times to halt operation. On the other side of the world, another vital canal could be in trouble. The Suez Canal depends on traffic through the Red Sea. Since late 2023, Houthi rebels in Yemen have directed targeted attacks at commercial shipping vessels, and have vowed to continue doing so, despite missile strikes by the U.S. and Britain. (See related stories here.) Because of the unrest and increased risk of attack, ship owners have announced rerouting of container ships. Because of this, numerous ships may arrive at different U.S. ports than they normally would, changing both rail and truck transportation needs. In the end, analysts say, the freight industry can expect conditions for all types of trucking to remain difficult through at least the first half of the year — perhaps easing slightly toward the end of 2024.

Used truck market ended 2023 on positive note

COLUMBUS, Ind. – Preliminary Class 8 same dealer used truck retail sales volumes jumped 22% month-over-month in December, significantly more than normal seasonality would suggest, according to the latest preliminary release of the State of the Industry: U.S. Classes 3-8 Used Trucks published by ACT Research. Compared to November 2023, average retail price increased 1%, while miles and age declined 2% and 3%, respectively. Compared to December 2022, volumes increased 40%, but price, miles and age declined. According to Steve Tam, Vice President at ACT Research, “Auction volumes were 47% higher month-over-month, while wholesaler transactions jumped 9% month-over-month. In total, the used truck industry advanced, with preliminary same dealer sales accelerating 34% month-over-month. December sales are historically close to average and see an eight-percentage point gain from November. Framed in that context, used truck demand seems solid.” Tam added that sales will likely slow in January, especially with the bitter cold some of trucking’s hot spots are experiencing.  

December net trailer orders include more than 24K units

COLUMBUS, Ind. — December’s preliminary net trailer orders increased nominally from November to December, according to ACT Research. However, at 24,300 units, orders were lower compared to last December, down nearly 58% year-over-year. “As we’re still in the peak order season, seasonal adjustment (SA) lowers December’s tally considerably, to 17,200 units,” an ACT news release stated. Final December results will be available later this month. This preliminary market estimate should be within +/-5% of the final order tally. “While orders were down materially from year-ago levels, preliminary net orders, at 17,200 seasonally adjusted, were about 10% higher sequentially,” said Jennifer McNealy, director of commercial vehicle market research and publications at ACT Research. “After a disappointing, although not unexpected, drop last month, December’s preliminary net orders aligned with less-than-stellar expectations, particularly amid a backdrop of weak profitability for truckers and anecdotal commentary from trailer manufacturers who have shared that orders are coming but at a slower pace than they have the last few years.” McNealy said that this month’s results “continue to support our thesis that when fleets don’t make money, their ability and/or willingness to purchase equipment is muted. That said, the lower orders don’t indicate a catastrophic year in the offing either, simply the slowest December we’ve seen since before the pandemic began.” She added, “Other indicators being watched closely include cancellations, which oscillated above comfortable levels for most segments in December, and the backlog-to-build ratio, which in aggregate is weakening, now around five months. However, some specialty segments have no available build slots until late in 2024 at the earliest, while others are in the three-month range.”    

US endures another day of frigid wind chills and brutal cold

BUFFALO, N.Y.  — Brutally cold temperatures and dangerous wind chills stayed put across much of the U.S. Monday, promising the coldest temperatures ever for Iowa’s presidential nominating contest, holding up travelers, and testing the mettle of NFL fans in Buffalo for a playoff game that was delayed a day by wind-whipped snow. About 150 million Americans were under a windchill warning or advisory for dangerous cold and wind, said Zack Taylor, a meteorologist with the National Weather Service in College Park, Maryland, as an Arctic air mass spilled south and eastward across the U.S. Sunday morning saw temperatures as low as minus 20 degrees Fahrenheit to minus 40 F in northern and northeast Montana. Saco, Montana, dropped to minus 51 F. Subzero lows reached as far south as Kansas, Missouri, Illinois and parts of Indiana, Taylor said. About 110,000 U.S. homes and businesses were without power late Monday, the bulk of them in Oregon after widespread outages that started Saturday. Portland General Electric warned that strong winds forecast for Monday and threat of an ice storm Tuesday could delay restoration efforts. Classes were cancelled Tuesday for students in major cities including Chicago — the nation’s fourth-largest public school district — Denver, Dallas, Fort Worth and Portland. The storm was blamed for at least four weekend deaths around Portland, including two people who died of suspected hypothermia. Another man was killed after a tree fell on his house and a woman died in a fire that spread from an open-flame stove after a tree fell onto an RV. Three deaths of homeless people were under investigation in the Milwaukee area. They likely died from hypothermia, officials said. A 64-year-old man was found dead under a bridge Friday, a 69-year-man was pronounced dead after being found in a vehicle on Saturday and on Monday a 40-year-old man was found dead near railroad tracks, the Milwaukee County Medical Examiner’s Office said. In Utah, where almost four feet of snow fell in the mountains over a 24-hour period, a snowmobiler was struck and killed Sunday night by a semitrailer about 70 miles southeast of Salt Lake City, according to the Utah Highway Patrol. The victim was attempting to cross U.S. Highway 40. In Wyoming, a backcountry skier was killed after triggering a 50-feet wide avalanche. The victim was swept into a gully and through brush and trees, then remained buried for about fifteen minutes before being found by a companion in the mountains south of Alpine, Wyoming, on Sunday afternoon, according to the Bridger-Teton Avalanche Center. It marked the third U.S. avalanche fatality in recent days, following a Wednesday accident at a California ski resort that killed one person and injured three others, and another that killed a person on Thursday in the Idaho backcountry near the Montana border. Swirling snow and avalanche dangers prompted numerous road closures across the Rocky Mountains. East of the resort community of Vail, Colorado, officials closed a 20-mile stretch of Interstate 70, the primary east-west highway through the state. Crews on Monday continued clearing snow after a weekend avalanche briefly trapped the occupants of 10 cars and shut down the road over Berthoud Pass in central Colorado. Kaitlyn Punzalan was in a car with her husband and some friends heading home to Denver when they were caught in the slide. “My friend was driving my car and all of a sudden he goes – ‘Ah, avalanche!’ And we just look up and see all of this snow coming down towards us,” Punzalan told KUSA-TV. She said it took them about an hour to dig out, with help from others who were on the road. No injuries were reported. The Buffalo Bills renewed their call for shovelers at Highmark Stadium in Orchard Park, New York, on Monday morning to dig out from more than a foot and a half of snow that fell through a blustery weekend. Crews had the turf cleared by midmorning. Citizen shovelers working for $20 an hour worked in temperatures in the teens to clear seats for fans ahead of the 4:30 p.m. game. At first glance it was a daunting task, Bob Isaacs of Buffalo acknowledged a few hours after arriving at 7:30 a.m. He considered his work a contribution to the team. “You got to remember you’re a Bills fan. It’s all part of the deal,” he said. Neighboring towns saw even higher snow totals, with 41 inches in Hamburg and Angola. Presidential campaigns were expecting the cold and dangerous travel conditions to hamper turnout for the Iowa caucuses, the opening contest in the monthslong Republican presidential primary. Voting was set to begin Monday night. Transportation officials in Portland, Oregon, urged residents to avoid travel all day Tuesday as a forecast of up to half an inch of freezing rain could make roads hazardously slick with ice and weigh down trees and power lines, causing them to fall. Multnomah County, home to Portland, said it served a record number of people — 1,136 — at a record number of 12 overnight emergency weather shelters on Sunday night as low temperatures hit 17 degrees, according to the National Weather Service. The county estimated it needed 100 additional volunteers to respond to the high demand in a city that has thousands of homeless people living on its streets. “As we head into day five of the weather emergency … the real limitation for us right now is staffing,” said Dan Field, director of the joint county-city homelessness office. “We have to have enough people to keep the doors open of the emergency shelters.” Air travelers across the country experienced delays and cancellations. The flight tracking service FlightAware reported about 2,900 cancellations Monday within, into or out of the United States. Freeze warnings were issued by the National Weather Service across the Deep South. Mississippi forecasters warned of a “long duration freeze” that would last in some locations until Thursday. Highs of 15 or 20 degrees F were expected across Oklahoma, Arkansas, northern Texas and western Tennessee. Louisiana and Alabama also had freeze warnings. The winter storm was affecting travel across the central Appalachian region, with areas of Tennessee seeing as much as 8 inches of snow. The Tennessee legislature canceled its meetings for the week. The snow was expected to continue accumulating through early Tuesday with bitter cold wind chills. With the potential for record low temperatures in Texas, the state’s electrical grid operator asked consumers to conserve energy. About 11,000 Texas customers were without power Monday, according to poweroutage.us. Light snow was expected through the Mid-Atlantic and the Northeast through Monday and Tuesday, Taylor said, including 2 to 3 inches of snow forecasted for Washington, D.C. — what would be the most snowfall in a day in the nation’s capital in at least two years. Another round of cold air was expected in coming days to drop south into the Northern Plains and Midwest before reaching the Deep South by the end of the week.  

Old Man Winter rages across US, wreaking travel havoc

PORTLAND, Ore. — Subfreezing temperatures across much of the U.S. left millions of Americans facing dangerous cold as Arctic storms left four dead and knocked out electricity to tens of thousands in the Northwest, brought snow to the South, and walloped the Northeast with blizzard conditions that forced the postponement of an NFL game. An estimated 95 million people nationwide faced weather warnings or advisories Sunday for wind chills below zero Fahrenheit. Forecasters said the severe cold was expected to push as far south as northern Texas while the bitter blast sends wind chill readings as low as minus 70 degrees in Montana and the Dakotas. “It takes a matter of minutes for frostbite to set in,” the South Dakota Department of Public Safety said in a statement Sunday urging people to stay indoors. In Iowa, cars were stuck for five hours in blowing snow on Interstate 80 after semitrailers jackknifed in slippery conditions. State troopers had handled 86 crashes and 535 motorist-assist calls since Friday, State Patrol Sgt. Alex Dinkla said. Road crews were “working the snow-blowers like crazy,” Dinkla said, but high winds were blowing snow right back onto roadways. In Buffalo, New York, where snowfall of 1 to 2 feet was forecast, severe conditions led officials to postpone the Buffalo Bills-Pittsburgh Steelers NFL playoff game from Sunday to Monday. Winds whipped at 30 mph, and snow was falling at a rate of 2 inches per hour. Workers with shovels and trucks worked to clear snow from the field at Buffalo’s Highmark Stadium as the Bills warned volunteers eager to help with the shoveling to stay at home and not defy a travel ban on area roads. “Looks like a pretty good day to not have a football game,” New York Gov. Kathy Hochul, a Buffalo native, posted on X with a video clip of whiteout conditions in the western New York city. At least one Bills player was out in the bad weather Sunday putting his newfound free time to good use. Offensive tackle Ryan Van Demark shared a video on Instagram showing fellow lineman Alec Anderson helping a motorist struggling with icy road conditions. “Good Samaritan, Alec, helping the people,” Van Demark narrates on the brief clip. Zack Taylor, a National Weather Service meteorologist in College Park, Maryland, warned some parts of the Northeast would see intense snowfall and extreme winds, with gusts up to 50 mph possible. “That’s why they’re expecting to see near-blizzard conditions at times,” Taylor said. TRAVEL BANS ISSUED IN NEW YORK AND PENNSYLVANIA Heavy lake effect snow continues to fall in Western New York. Snowfall rates of 5-7 inches per hour have been reported in some locations. The snow is expected to last through the night and travel bans are anticipated to be kept in place as well. Trucks that have violated the ban have been getting stuck on the NYS Thruway, creating challenges for snowplows and emergency vehicles. Trucks violating the ban will be ticketed. Travel in the area should be avoided until the storm has cleared. Current Full Closures Buffalo Skyway (Route 5) is closed in both directions (eastbound and westbound) between Ridge Road in Lackawanna and Church Street in Buffalo. Route 219 in Erie County to Peters Road in Cattaraugus County is closed. Route 400 from Interstate-90 (NYS Thruway) to Route 16 is closed. The following travel restrictions are in place Erie County — A travel ban is in effect in portions of the County. I-90 (NYS Thruway) between the PA Line and Exit 46 — All commercial vehicles are restricted (All vehicles are restricted within Erie County). Current restrictions on empty and tandem trailers Interstate 190 (Niagara Expressway) Route 219 (in Cattaraugus County) Interstate 86 in Chautauqua and Cattaraugus Counties Restrictions will be in place until conditions improve. NYC MTA Bridges and Tunnels All Empty tractor-trailers and tandem trailers restricted at the following locations: Bronx-Whitestone Bridge Robert F. Kennedy Bridge Throgs Neck Bridge Verrazano Narrows Bridge Cross Bay Bridge Marine Parkway Bridge PENNSYLVANIA Tier 2: Empties & Loaded Tandem Trailers w/o Chains or ATD Onboard I-86: I-90 to New Yort line I-90: New York line Across the country in Oregon, more than 120,000 homes and businesses were without electricity, most of them in the Portland metro area, a day after high winds and a mix of snow and ice brought down trees and power lines. “Given the extent of the damage and the high level of outage events, restoration efforts will continue into the week and customers are encouraged to plan accordingly,” Portland General Electric said in a statement. The utility said it was watching a second weather pattern that could bring high winds and freezing rain on Tuesday. The City of Portland Bureau of Environmental Services said its crews were working non-stop at multiple locations to make emergency repairs and prevent sewage releases into homes and businesses. Portland’s largest sewage pump station, which serves downtown and the surrounding inner city, was under partial service due to a frozen pipe. Widespread power outages affecting tens of thousands were also reported Sunday in Michigan, New York, Pennsylvania and Wisconsin. In Nebraska, the Omaha Public Power District asked customers to conserve electricity to prevent outages. “The weather came on faster and has been more prolonged than anticipated,” the district said in a statement Sunday. Airports across the country were impacted. More than half of flights into and out of Buffalo Niagara International Airport were canceled. Scores of flights also were canceled or delayed at Chicago, Denver and Seattle-Tacoma airports. Forecasters also warned that rapid bursts of heavy snow and wind could cause drastic and sudden drops in visibility in eastern Pennsylvania and parts of northern New Jersey and Delaware with some “near whiteout conditions” possible. Another Arctic storm that’s dumped heavy snowfall in the Rockies was forecast to push further south, potentially bringing 4 inches to 6 inches of snow to parts of Arkansas, northern Mississippi and west Tennessee. Juan Villegas wore layers of clothing beneath his heavy coat Sunday as he and roughly a dozen subcontractors in downtown Des Moines, Iowa, shoveled away a blanket of snow, which also covered park benches and partially buried fire hydrants the day before the state’s presidential caucuses. Working in temperatures of minus 15 degrees, Villegas said the best way to feel warm was to “just keep moving.” “If you stay doing nothing, it’s when you really feel the cold,” Villegas said. Much of Wisconsin were under advisories through Monday afternoon, with predicted wind chills as low as 30 degrees below zero. Even parts of northern Louisiana, Alabama and Georgia could see snow. In Shreveport, Louisiana, Mary Trammel was among residents who stocked up on bottled water, food and fuel for generators ahead of subfreezing weather expected to coat some roads in ice and up to an inch of snow. “It’s cold out here,” said Tramel, who told KSLA-TV she bought bread and ingredients for enough soup to last days. Arkansas Gov. Sarah Huckabee Sanders declared a state of emergency in advance to give utility trucks and trucks hauling essential supplies greater flexibility to respond. Officials in Mississippi’s capital city of Jackson were preparing for days of freezing weather after cold snaps in 2021 and 2022 caused pipes to burst and water pressure to drop across the city of 150,000. “We feel as confident as we can that we’re prepared for whatever comes our way,” Ted Henifin, Jackson’s interim manager of the city’s long-troubled water system, told WAPT-TV. He said crews were on standby to respond to any broken pipes. The wild weather didn’t just bring snow and ice. Record high tides that flooded some homes in Maine and New Hampshire on Saturday also swept three historic fishing shacks into the sea from where they had stood for more than 130 years in South Portland, Maine. “History is just being washed away,” Michelle Erskine said Sunday, a day after capturing video footage of the last two wooden shacks sliding into the ocean. In Oregon, just south of Portland, 100 trees toppled Saturday, including one that fell on a house and killed a man. Two other people died of suspected hypothermia and a fourth died in a fire that spread from an open-flame stove after a tree fell onto an RV. The snow and gusting winds had let up Sunday in Oregon, but frigid temperatures meant roads remained treacherous and much of Portland was shut down. In nearby Lake Oswego, Glenn Prohaska was looking for a business that had WiFi so he could book a hotel. With the power out, the temperature in his home had dropped to the 20s overnight. “In the 40 years I’ve been here, this is the worst I’ve seen,” he said. The Trucker Staff contributed to this report.

Trucking industry shines light on human trafficking during awareness month

WASHINGTON — The National Motor Freight Traffic Association (NMFTA), a non-profit association that represents the interests of the less-than truckload motor carrier industry, recently lent its support to the U.S. Department of Transportation’s Transportation Leaders Against Human Trafficking (TLAHT) as part of Human Trafficking Prevention Month, which runs through the end of January. “NMFTA is committed to doing everything in our power to be a source of aid for this cause,” said Debbie Sparks, executive director of NMFTA. “As a leader in the industry, it is our responsibility to contribute resources to help create a solution to this highly problematic trend that we are witnessing and is also impacting the transportation sector. When all companies unite, more can be accomplished, and further insight into this problem will create safer environments for statistically at-risk individuals.” Last year, the Federal Motor Carrier Safety Administration (FMCSA) launched its new human trafficking awareness campaign dubbed “Your Roads, Their Freedom.” The campaign seeks to give the nation’s 8.7 million commercial motor vehicle drivers the information needed to identify and report suspected human trafficking. “Human trafficking is a heinous crime, and it has no place in the transportation industry,” said FMCSA Administrator Robin Hutcheson. “But the hard-hitting reality is that our nation’s transportation systems are exploited by human traffickers every day, and FMCSA is working to help stop it.” According to the DOT, more than 27.6 million women, children and men are trafficked into forced prostitution and labor. TLAHT notes that it prioritizes five aspects of human trafficking and connects transportation stakeholders to available resources regarding industry training and education, public awareness, policy awareness, information sharing and analysis and industry leadership. The initiative’s goal, leaders say, is to increase knowledge pertaining to the national crisis and create additional resources to support the efforts of directly combating the issue. NMFTA’s pledge calls for all participating companies to unite within the transportation industry against human trafficking, Sparks said. Secondly, all participants pledge to educate their employees and other stakeholders to recognize and report signs of human trafficking. “This effort will also raise awareness among the traveling public by utilizing common messaging in targeted outreach campaigns and measuring the collective impact on human trafficking by tracking and sharing key data points,” according to NMFTA. Every year since 2010, the president has dedicated the month to raise awareness about human trafficking and to educate the public about how to identify and prevent this crime. The U.S. Department of State raises awareness of human trafficking domestically and abroad, through U.S. embassies and consulates. During this month, the nation recognizes the efforts of foreign governments, international organizations, anti-trafficking entities, law enforcement officials, survivor advocates, communities of faith, businesses and private citizens all around the world to raise awareness about human trafficking. More than 20 years ago, the Trafficking Victims Protection Act of 2000 (TVPA) was established. In 2010, by presidential proclamation, President Obama declared January National Slavery and Human Trafficking Prevention Month — and every year since, each president has followed this tradition. President Biden has proclaimed January 2023 as National Human Trafficking Prevention Month, “reaffirming his administration’s commitment to protect and empower survivors of all forms of human trafficking, to prosecute traffickers, and to bring an end to human trafficking in the United States and around the world,” according to a White House news release. “Since human trafficking disproportionately impacts racial and ethnic minorities, women and girls, LGBTQI+ individuals, vulnerable migrants, and other historically marginalized and underserved communities, our mission to combat human trafficking must always be connected to our broader efforts to advance equity and justice across our society.” As part of Human Trafficking Prevention Month, the annual Combating Human Trafficking in Transportation Impact Award seeks to raise awareness among transportation stakeholders about human trafficking and increase training and prevention to combat the crime. The award, which is a component of the TLAHT initiative, “serves as a platform for transportation stakeholders to creatively develop impactful and innovative counter trafficking tools, initiatives, campaigns and technologies that can help stop these heinous crimes,” a DOT news release stated. The award is open to individuals and entities, including non-governmental organizations, transportation industry associations, research institutions and state and local government organizations. Entrants compete for a cash award of up to $50,000.  

Engine maker Cummins to repair trucks in $2 billion emissions cheating scandal

SACRAMENTO — Engine maker Cummins Inc. will recall 600,000 Ram trucks as part of a settlement with federal and California authorities that also requires the company to remedy environmental damage caused by illegal software that let it skirt diesel emissions tests. New details of the settlement, reached in December, were released Wednesday. Cummins had already agreed to a $1.675 billion civil penalty to settle claims — the largest ever secured under the Clean Air Act — plus $325 million for pollution remedies. That brings Cummins’ total penalty to more than $2 billion, which officials from the Justice Department, Environmental Protection Agency (EPA), California Air Resources Board (CARB) and the California Attorney General called “landmark” in a call with reporters Wednesday. Cummins was found to be using illegal defeat devices to bypass the vehicle emissions control equipment in diesel vehicles. The case involves about 97,000 engines in the state of California and nearly 1 million nationwide. The CARB was able to discover the defeat device violations in Ram 2500 and 3500 vehicle models built between 2013 and 2018 that have the 6.7-liter diesel engine manufactured by Cummins. The EPA partnered with CARB for the investigation, leading to the revelation of additional violations in the same model vehicles built between 2019 to 2023. The state will receive $164 million in penalties and more than $175 million for mitigation, and the company has agreed to correct the affected engines at no cost to vehicle owners. “The collaboration between California and its federal partners makes it clear that companies will be held accountable for violating essential environmental laws that are in place to provide the clean air that communities across California and the nation want and deserve,” said CARB Executive Officer Dr. Steven Cliff. “California’s air quality regulations protect public health and are backed by a world-class emissions testing laboratory that ensures CARB’s enforcement efforts are rigorously supported with data and science, which CARB was happy to contribute to this landmark case.”  According to a news release, using defeat devices results in excess emissions from the vehicle. “Cummins knowingly harmed people’s health and our environment when they skirted state emissions tests and requirements,” said Attorney General Bonta. “Today’s settlement sends a clear message: If you break the law, we will hold you accountable. I want to thank our federal and state partners for their collective work on this settlement that will safeguard public health and protect consumers across the country.” In certain and specific conditions, software that alters the operation of the emissions control system (known as an auxiliary emission control device) is permitted, but it’s usually to protect the vehicle’s engine. However, it must be disclosed to regulators as part of the engine’s certification. In this case, Cummins did not disclose the existence of the auxiliary emission control devices. “Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “This record-breaking Clean Air Act penalty demonstrates that EPA is committed to holding polluters accountable and ensuring that companies pay a steep price when they break the law.” The Cummins software changed the engine’s performance to meet rigorous emission standards during certification testing in the lab. However, the vehicle would shut down the emission control equipment in everyday driving. The news release also mentions that the Cummins engines “emitted smog-forming oxides of nitrogen (NOx) that were above the legal limit” and that the “pollution contributes to the formation of ozone and particulate matter and can aggravate health problems such as asthma and cardiopulmonary disease.” The settlement resolves two cases: one nationwide and one specific to the state of California. The total sum of the settlement is more than $2 billion, which includes a $1.675 billion federal penalty, the largest ever for a Clean Air Act case. The state of California receives approximately $164 million from the consent decree in the nationwide case. The case also includes a partial consent decree of the California case pays the state about $175 million dollars for mitigation with an additional $33 million to the California Attorney General for the company’s environmental violations and unfair business practices. The state’s share of both consent decrees is over $372 million dollars. “Today’s agreement, which includes the largest-ever Clean Air Act civil penalty, stands as notice to manufacturers that they must comply with our nation’s laws, which protect human health and the health of our environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We appreciate the work of our partners, the EPA and the State of California, in helping us reach this significant settlement.”

Houthi rebels launch largest-ever Red Sea attack toward commercial vessels

DUBAI, United Arab Emirates — Yemen’s Houthi rebels fired their largest-ever barrage of drones and missiles targeting shipping in the Red Sea, forcing the U.S. and British navies to shoot down the projectiles in a major naval engagement, authorities said Wednesday, Jan. 10. No damage was immediately reported. The attack by the Iranian-backed Houthis came despite a planned United Nations Security Council vote later the same day to potentially condemn and demand an immediate halt to the attacks by the rebels, who say their assaults are aimed at stopping Israel’s war on Hamas in the Gaza Strip. However, their targets increasingly have little — or no — connection to Israel, and the attacks imperil a crucial trade route linking Asia and the Middle East with Europe. That raises the risk of a U.S. retaliatory strike on Yemen that could upend an uneasy cease-fire that has held in the Arab world’s poorest country. The assault happened off the Yemeni port cities of Hodeida and Mokha, according to the private intelligence firm Ambrey. In the Hodeida attack, Ambrey said ships described over radio seeing missiles and drones, with U.S.-allied warships in the area urging “vessels to proceed at maximum speed.” Off Mokha, ships saw missiles fired, a drone in the air and small vessels trailing them, Ambrey said early Wednesday. The British military’s United Kingdom Marine Trade Operations also acknowledged the attack off Hodeida. The U.S. military’s Central Command said the “complex attack” launched by the Houthis included bomb-carrying drones, anti-ship cruise missiles and one anti-ship ballistic missile. It said 18 drones, two cruise missiles and the anti-ship missile were downed by F-18s from the USS Dwight D. Eisenhower, as well as by American Arleigh Burke-class destroyers the USS Gravely, the USS Laboon and the USS Mason, as well as the United Kingdom’s HMS Diamond. “This is the 26th Houthi attack on commercial shipping lanes in the Red Sea since Nov. 19,” Central Command said. “There were no injuries or damage reported.” “Vessels are advised to transit with caution and report any suspicious activity,” the UKTMO added. U.S. Secretary of State Antony Blinken stressed the gravity of the Houthi threat to global commerce, and renewed U.S. warnings of a response. “I’m not going to telegraph or preview anything that that might happen,” Blinken said in Bahrain, the latest stop in a Mideast tour seeking to calm the region. “All I can tell you again, we’ve made clear – we’ve been clear with more than 20 other countries – that if this continues, as it did yesterday, there will be consequences. And I’m going to leave it at that.” British Defense Secretary Grant Shapps described the assault as “the largest attack by the Iranian-backed Houthis in the Red Sea to date,” saying the Diamond used Sea Viper missiles and guns to shoot down multiple drones. “The U.K. alongside allies have previously made clear that these illegal attacks are completely unacceptable and if continued the Houthis will bear the consequences,” Shapps said in a statement. “We will take the action needed to protect innocent lives and the global economy.” The Houthis, a Shiite group that has held Yemen’s capital of Sanaa since 2014, later claimed responsibility for the attack in a televised statement by rebel spokesman Brig. Gen. Yahya Saree. Saree claimed the attack “targeted an American ship that was providing support to the Zionist entity,” without offering any further information. He also described it as an “initial response” to American troops sinking Houthi vessels and killing 10 rebel fighters last week. The Houthis will “continue to prevent Israeli ships or those heading to the ports of occupied Palestine from navigating in the Red Sea until the aggression stops and the siege on our steadfast brothers in the Gaza Strip ends,” Saree said. The Houthis say their attacks aim to end the pounding Israeli air-and-ground offensive targeting the Gaza Strip amid the ongoing Israel-Hamas war. However, the links to the ships targeted in the rebel assaults have grown more tenuous as the attacks continue. The Red Sea links the Mideast and Asia to Europe via the Suez Canal, and its narrow Bab el-Mandeb Strait. The strait is only 18 miles wide at its narrowest point, limiting traffic to two channels for inbound and outbound shipments, according to the U.S. Energy Information Administration. Nearly 10% of all oil traded at sea passes through it and an estimated $1 trillion in goods pass through the strait annually. A U.S. draft resolution before the U.N. Security Council, obtained late Jan. 9 by The Associated Press, says the Houthi attacks impede global commerce “and undermine navigational rights and freedoms as well as regional peace and security.” The resolution would demand the immediate release of the first ship the Houthis attacked, the Galaxy Leader, a Japanese-operated cargo ship with links to an Israeli company that the rebels seized in November along with its crew. An initial draft of the resolution would have recognized “the right of member states, in accordance with international law, to take appropriate measures to defend their merchant and naval vessels.” The final draft is weaker, eliminating any U.N. recognition of a country’s right to defend its ships. Instead, it would affirm that the navigational rights and freedoms of merchant and commercial vessels must be respected, and take note “of the right of member states, in accordance with international law, to defend their vessels from attacks, including those that undermine navigational rights and freedoms.” A U.S-led coalition of nations has been patrolling the Red Sea to try and prevent the attacks. There’s been no broad retaliatory strike yet, despite warnings from the U.S. However, most recent attacks appeared to be testing what response, if any, will come from Washington. Meanwhile, a separate, tentative cease-fire between the Houthis and a Saudi-led coalition fighting on behalf of Yemen’s exiled government has held for months, despite the long civil war in Yemen. This has raised concerns that any wider conflict in the sea — or a potential reprisal strike from Western forces — could reignite those tensions in Yemen. It also may draw in Iran, which has so far largely avoided directly entering the wider Israel-Hamas war, further into the conflict. Report written by Jon Gambrell, the Associated Press. Associated Press writers Edith M. Lederer at the U.N. and Jill Lawless in London contributed to the report.

Trucking groups slam DOL’s new worker classification rule as ‘un-American’

NEW YORK — The Biden administration enacted a new labor rule Jan. 9 that aims to prevent the misclassification of workers as “independent contractors,” a step that could bolster both legal protections and compensation for millions in the U.S. workforce. Business groups, including those in the trucking industry, warned the rule creates uncertainty for employers and much depends on how the Labor Department decides to enforce it. The Labor Department rule, which the administration proposed 15 months ago, replaces a Trump-era standard that narrowed the criteria for classifying employees as contractors. Such workers are not guaranteed minimum wages or benefits, such as health coverage and paid sick days. “Truckers are tired of the endless parade of classification rules that do not listen to their concerns,” said Todd Spencer, president and CEO of the Owner-Operator Independent Drivers Association (OOIDA). “This constantly changing landscape has created uncertainty that makes it more difficult for them to operate their businesses. We are still reviewing all the details in the final rule, and it is too soon to know what the exact effect of this final rule would be.” Spencer said that OOIDA has had concerns since the Biden administration first issued the proposal. “We have concerns that some details contained in the rule may disregard specifics of the trucking industry and could lead to the reclassification of independent contractors as employees,” Spencer said. “With that said, we support the Department’s stated intent to follow decades-long practices for classification under the Fair Labor Standards Act, as well as its rejection of the ABC Test as signed into law in California with AB5.” Spencer continued: “As we have stated before, any classification rule must allow for owner-operator relationships to be examined on a case-by-case basis. This approach has historically allowed owner-operators to work as independent contractors and generally protected workers from misclassification. As we continue to review the final rule and engage with the Department and Congress about this rulemaking, we will fight to protect the rights of small-business truckers, owner-operators, and all of America’s hard-working truckers.” American Trucking Associations President and CEO Chris Spear said the rule takes way Americans’ freedoms. “I can think of nothing more un-American than for the government to extinguish the freedom of individuals to choose work arrangements that suit their needs and fulfill their ambitions,” Spear said. “More than 350,000 truckers choose to work as independent contractors because of the economic opportunity it creates and the flexibility it provides, enabling them to run their own business and choose their own hours and routes. That freedom of choice has been an enormous source of empowerment for women, minorities, and immigrants pursuing the American Dream.” Spear said that the trucking industry has used independent contractors since the inception of interstate trucking, and court decisions over the last 90 years have continually reaffirmed the legitimate role independent contractors play in the economy. “It’s unfortunate that the administration has chosen to replace a clear and straightforward standard with a tangled mess that weakens our supply chain and undermines the livelihoods of hundreds of thousands of truckers across the country,” Spear said. “The coordinated release of this rule with the renomination of Julie Su to lead the Department of Labor is proof positive that the Administration is doubling down on destructive policies that eliminate choice and opportunity for our workforce. Had Su actually taken the time to talk to independent contractors, she’d know firsthand what a misguided rule this really is. That is exactly why we opposed her nomination before and why we will continue to oppose it now. Radical California agendas have no place in federal policy.” Spear vowed that the ATA “will work with members of Congress and other stakeholders to defeat this ill-advised rule.” In a statement, the Intermodal Association of North America (IANA) called the new requirements “burdensome,” adding that they “significantly limit the use of independent contractors in the trucking industry and threaten to force the reclassification of over 80 percent of intermodal drayage drivers that currently enjoy independent contractor status.” “For decades, the independent contractor business model has been widely favored by intermodal motor carriers and drivers,” said Joni Casey, president and CEO of the IANA. “Although employee-driver positions are readily available, these owner-operator drivers explicitly chose the freedom, flexibility, and independence that comes with small business ownership. By maintaining control over their schedules, opportunities, and business decisions, independent drivers are highly incentivized to provide safe, efficient, and cost-effective services that contribute to our nation’s economic growth.” Labor advocates have supported the rule, saying employers have exploited lax rules to misclassify workers and avoid properly compensating them. In a report, the left-leaning Economic Policy Institute said construction workers, truck drivers, cleaners, landscapers, security guards and call center workers are among the most commonly misclassified workers. It estimated that misclassified construction workers lose between $10,177 and $16,729 per year. The rule, while will take effect March 11, directs employers to consider six criteria for determining whether a worker is an employee or a contractor, without predetermining whether one outweighs the other. That’s a change from the Trump-era rule, which prioritized two criteria: how much control a company has over its workers and how much “entrepreneurial opportunity” the work provides. Advocates say the new rule offers a more comprehensive approach to determining whether workers are truly in business for themselves. In a briefing with reporters Monday evening, Acting Secretary of Labor Julie Su said misclassified workers “sometimes work side by side with individuals who are properly classified, doing the same work.” “But misclassified employees don’t get paid for all of their hours,” Su said. “They’ve seen their economic security eroded because of misclassification.” Potentially at issue for ride-hailing, delivery and other apps is a requirement that employers consider whether the jobs performed by workers are an integral part of the company’s business. Mary Kay Henry, president of the Service Employees International Union, which represents about 2 million workers, said in a statement that the new rule “takes direct aim” at the practices of corporations like Uber and Lyft that have taken “advantage of misclassifying workers to shirk accountability as employers, avoid paying their fair share and game a system already rigged in their favor.” But it’s up to employers initially to decide how to weigh each criteria, which also include how much control the employer has over the worker, whether the work requires special skills, the degree of permanence of the relationship between worker and employer, and the investment a worker makes, such as car payments. This rule does not materially change the law under which we operate, and won’t impact the classification of the over one million Americans who turn to Uber to make money flexibly,” Uber’s head of federal affairs, CR Wooters, said in a prepared statement. Lyft also said the new rule will not force the company to change its business model, while warning that “this new guidance creates additional complexities and ambiguities for companies and courts alike across the country.” Flex Association, a group that represents major app-based rideshare and delivery platforms, said it will “seek to ensure implementation of this rule does not target workers who overwhelmingly turn to app-based platforms to earn supplemental income on their own terms.” The new rule comes at a time when more states are passing laws that guarantee a minimum wage and other benefits for app-based workers, including New York last year. The U.S. Chamber of Commerce is considering challenging the rule in court, said Marc Freedman, the chamber’s vice president of workplace policy. Freedman said the new guidelines make it difficult for companies to know whether they are giving enough importance to any of the six criteria. He said it will depend on how aggressively the Labor Department decides to implement the rule, but the structure is biased toward classifying workers as employees. “It leaves employers in the dark about whether they made the right decision,” Freedman said in an interview with The Associated Press. “The only time they can be confident is if they call a worker an employee.” Jessica Looman, administrator of the Department of Labor’s Wage and Hour Division, said during the briefing that the final rule isn’t intended to apply specifically to certain industries or type of work. Asked about enforcement, Looman said the department will focus on the “most vulnerable workers,” particularly those who are being unfairly deprived of minimum wages and overtime pay. The rule does not carry the same weight as laws passed by Congress or state legislatures. Instead, it offers an interpretation of who should qualify for protections under the 1938 Fair Labor Standards Act. The Associated Press contributed to this report.

Average US diesel prices fall for 3rd straight week

LITTLE ROCK, Ark. — The average price for a gallon of diesel in the U.S. is down again, marking three straight weeks of declines. According to the Energy Information Administration (EIA), as of Jan. 8, the average price sat at $3.828 per gallon. That’s down from $3.876 per gallon on Jan. 1 and $3.914 per gallon on Dec. 25. The highest prices are in California at $5.152, while the lowest can be found along the Gulf Coast at $3.531 per gallon. In the Midwest, expect the average price to run $3.692 per gallon, while along the East Coast, the price sits just under $4 per gallon at $3.959. GasBuddy reports that diesel prices will continue to fall incrementally from 2023 and peak at $4.13 per gallon in March 2024. “The global refining picture continues to improve, providing more capacity and peace of mind that record-setting prices will stay away from the pump in 2024. I anticipate that we’ll still have some volatility, unexpected outages and disruptions, and potentially weather-related issues, but I do not expect it to lead to record prices. Offsetting OPEC+’s production cuts is contributing to the rise of U.S. oil production, which now stands at record levels. Combined with Canada, North American oil production could further stabilize countries that have decided to curb oil production,” GasBuddy’s head of petroleum analysis, Patrick De Haan, said.

Winter weather wallop: Nation dealing with icy mess

MAHA, Neb.  — A “highly impactful” winter storm delivered a punch to the country’s midsection on Monday, with blizzard conditions dumping as much as a foot or more of snow and shutting down schools and highways in several Midwest states. Through Tuesday, snow as deep as 8 to 12 inches could blanket a broad area stretching from southeastern Colorado all the way to the Upper Peninsula of Michigan, including western Kansas, eastern Nebraska, large parts of Iowa, northern Missouri and northwestern Illinois, said Bob Oravec, a forecaster with the National Weather Service in College Park, Maryland. “So a very, very highly impactful event coming forward,” Oravec said. Kentucky state highway crews are on alert for any travel impacts caused by rounds of strong winds beginning this evening and continuing into Wednesday morning. Kentuckians are advised to secure any objects that cannot be brought inside and motorists driving high-profile vehicles should exercise extreme caution when winds are strong. “Strong gusty winds as high as 40 mph mixed with rain can pose some serious safety concerns and we want everyone to take precautions ahead of and during the event,” said Gov. Andy Beshear. Kentucky Transportation Cabinet (KYTC) staff are on high alert, monitoring the weather and ready to respond should downed trees or debris hinder travel on state-maintained routes. “Strong winds can be just as hazardous as snow and ice,” said KYTC Secretary Jim Gray. “If you are on the road during periods of high wind gusts, slow down, keep a safe distance from other cars or safely pull over. It’s important to stay weather aware this week as winter weather and cold temps are expected in the coming days.” There were widespread school closures across Nebraska and Kansas on Monday ahead of the storm, where forecasters predicted 5 to 8 inches of snow. The school district that includes Nebraska’s capital, Lincoln, told students to stay home. Lines were long Sunday at a Target Store drive-up in Omaha as residents stocked up on milk, bread and booze ahead of the storm. Whiteout conditions in central Nebraska closed a long stretch of Interstate 80. Kansas closed Interstate 70 from the central city of Russell all the way to the Colorado border due to dangerous travel conditions, as well as many secondary roads in northwestern Kansas. Several vehicles slid off I-70 in the northeastern part of the state. Federal courts in Omaha and Lincoln closed at noon Monday. The U.S. Army Corps of Engineers began increasing the flow through a Missouri River dam that sits on the Nebraska-South Dakota border near Yankton by 2,000 cubic feet per second to reduce the chance of ice jams forming. The weather service office in Des Moines, Iowa, warned of the potential for “widespread heavy, possibly extreme, snowfall,” with up to 9 to 15 inches and said that commuters on Monday evening and Tuesday morning would face “significant impacts,” with possible whiteout conditions at times. Dubuque, on Iowa’s eastern border with Illinois, closed its city offices Tuesday. Schools in Cedar Rapids in eastern Iowa were among those closing Tuesday. In South Dakota, Sioux Falls Mayor Paul TenHaken urged residents not to travel Monday if they did not have to, and to give snowplows time and patience so they can clear the roads. The Illinois Tollway, a state agency that maintains nearly 300 miles of toll roads across 12 northern Illinois counties, urged drives to take a similar “go it slow” attitude. The agency planned to deploy its entire fleet of 196 snowplows to clear snow and ice and help stranded drivers. Parts of northern Missouri braced for up to a foot of snow. Officials in Kansas City, Missouri, said City Hall would be closed Tuesday and municipal courts would operate remotely. But the Missouri Department of Transportation said it was ready for its first big snowfall of the season, with at least 100 new employees after a shortage of snowplow drivers last winter. Much of western and southern Minnesota as well as west-central Wisconsin were under winter storm warnings or advisories with snow accumulations of up to 10 inches predicted. In Wisconsin, cancellations started Monday morning, with the state Homeland Security Council calling off a Tuesday meeting in Madison. The council advises Gov. Tony Evers on security issues. The state’s capital city was under a winter storm warning until early Wednesday with as much as 9 inches of snow and 40 mph winds on tap. City officials canceled garbage collection Tuesday morning to prevent residents from putting trash cans along curbs and making it difficult for snowplows to navigate. The city of Stevens Point, Wisconsin, declared a snow emergency prohibiting street parking from 5 p.m. Tuesday until 6 a.m. Wednesday so the city can plow the roads. “If you are parked on the street, you will probably get cited,” Lt. Joe Johnson told WAOW-TV. “And you could potentially get towed if your vehicle is obstructing the plow truck’s ability to clear the street properly.” Northwestern Illinois was also under a winter storm warning with forecasts calling for 7 to 12 inches of snow by early Wednesday morning. The Chicago area as well as Gary, Indiana, were under winter storm advisories, with forecasts calling for up to 6 inches of snow by Tuesday evening and wind gusts of up to 30 mph in Chicago. Snowfall rates could exceed an inch per hour during the day Tuesday, the weather service said. The disruptions extended as far south as the Oklahoma panhandle, where Cimmaron County emergency managers asked citizens to stay home. More than a dozen motorists were stranded there Monday afternoon, with whipping winds and blizzard conditions leading to near-zero visibility, said Lea Lavielle, the county’s emergency management director. Roads and major highways were closed “from every corner of our county and in between,” Lavielle said. “At this point in time, we are advising individuals to shelter in place the best they can.” A blizzard warning remained in effect through Tuesday morning for the Oklahoma Panhandle and northern and western parts of the Texas Panhandle, with snowfall accumulations of up to 8 inches expected along with wind gusts up to 75 mph. The Gulf Coast in southeastern Louisiana and Mississippi was under a tornado watch, as residents in New Orleans and other communities braced for storm weather, and several school systems dismissed classes early Monday. New York’s governor is warning that heavy rains and high winds on Tuesday could lead to major power outages throughout the state and flash flooding, especially in the Hudson Valley. The storm follows a separate storm that has moved offshore after dumping over a foot of snow Sunday on parts of Pennsylvania, New York state and portions of New England, Oravec said. And another storm is on the way that will affect the Pacific Northwest into the northern Rockies, he said. Blizzard warnings were out for much of the Cascade and Olympic ranges in Washington and Oregon. The Trucking Association of New York released a statement about the forecasted sustained winds of 30 to 40 mph and gusts of more than 70 mph that New York is implementing. The following commercial vehicle restrictions: NYS THRUWAY Beginning at 10 a.m. Tuesday, the New York State (NYS) Thruway will implement a ban on all empty tractor-trailers and tandem trucks from: Exit 36 (Watertown-Binghamton-I-81) to the Pennsylvania border Niagara Thruway from I-90 to exit 22 (Route 62) NYS DOT Beginning at 10 a.m. Tuesday, the NYS Department of Transportation will implement a ban on all empty trucks/trailers and all tandem trucks from: Buffalo Skyway (NY 5) NY 219 NY 400 I-290 Kensington Expressway (NY 33) I-86 in Chautaqua and Cattaraugus County Beginning at 12 p.m., Tuesday, the NYS Department of Transportation will implement a ban on all empty trucks/trailers and all tandem trucks from: I-81 between I-90 (Syracuse) and Exit 38 (US 11) NYS MTA Beginning at 6 p.m. Tuesday the NYS MTA Bridges and Tunnels will implement a ban on empty tractor-trailers and tandem trucks. The ban is expected to be in place until 6 a.m., Wednesday. PENNSYLVANIA Effective at 8 a.m. on Tuesday, if conditions warrant: Tier 2 — Empties and Loaded Tandem Trailers w/o Chains or ATD Onboard I-76 PA Turnpike — New Stanton to Breezewood Effective at 10 a.m. on Tuesday if conditions warrant: Tier 2 — Empties & Loaded Tandem Trailers w/o Chains or ATD Onboard I-86 — I-90 to NY Line I-90 — Ohio Line to NY Line Please refer to 511PA for updates. The Associated Press contributed to this report.

Winter storms dump snow on both US coasts as icy roads make for hazardous travel

BOSTON — Winter weather is wreaking havoc across the nation with frigid temperatures and snarled traffic. A major winter storm bringing heavy snow and freezing rain to some communities spread across New England on Sunday, sending residents scurrying for their shovels and snowblowers to clear sidewalks and driveways. Winter storm warnings and watches were in effect throughout the Northeast, and icy roads made for hazardous travel as far south as North Carolina. The Northeast snow came as a Sierra Nevada storm packing heavy snow shut down a stretch of interstate Saturday and briefly knocked out power to tens of thousands in Reno, Nevada. Meanwhile, the Colorado Department of Transportation (CDOT) is warning drivers of a potentially hazardous morning commute on Monday due to forecasted snow and high winds, which could create blizzard-like conditions with blowing snow and low visibility. Areas of higher concern include the Palmer Divide (Interstate 25, CO 83 and CO 105) and Interstate 70 near Limon. Wind gusts of up to 55 mph are possible along the Palmer Divide and up to 70 mph are possible on eastern I-70, according to a CDOT news release. “There remains uncertainty with snow amounts, so those who have to travel Monday morning will want to keep up to date with current forecasts,” the news release stated. “Safety closures are likely due to high winds and blowing snow. If you are able to work remotely and avoid traveling during the brunt of the storm Monday morning, it is encouraged.” In the Denver area, drivers should expect snow to accumulate quickly due to below freezing pavement temperatures ahead of the storm. Snow is anticipated to hit the urban corridor in the early morning hours Jan. 8, with impacts expected through the morning commute. Conditions will worsen both south of Denver along I-25 and east of Denver along I-70. CDOT crews will be out in advance of and throughout the winter storm to clear and treat state-owned highways, with a priority focus on interstates, overpasses, and bridges.  Southeast Colorado can expect blizzard conditions south and east of Pueblo and in northern El Paso County with appreciable snowfall and wind gusts in excess of 50 MPH. Snowfall of up to 6” overnight and into the early morning commute in northern El Paso County will affect the I-25 commute into the Denver Metro area. Blizzard conditions may necessitate highway safety closures in the southeastern plains.The weekend storm dropped significant amounts of snow along several mountain corridors. Travelers should be aware that closures may occur at any time due to winter maintenance operations at snow slide and avalanche areas. Travelers are encouraged to frequently check COtrip.org for updates. Farther west in California, more than 11,000 electric customers were without power Sunday afternoon. Some communities in Massachusetts had recorded more than a foot of snow by Sunday afternoon, according to the National Weather Service. Nearly 13,000 electric customers in the state were without power Sunday afternoon. Hundreds of flights at Logan International Airport were delayed or canceled Sunday according to tracking website FlightAware. Snow totals were lower for coastal communities, with Boston reporting just a few inches (centimeters). Snow was expected to continue throughout the day. In Cambridge, where snowfall was lighter, residents quickly ventured out. “I think it’s funny because everyone’s been freaking out about it,” said Alison Conley, 26, a consultant. “We’ve been betting as to how much snow we’re actually going to have and it’s looking like not that much is going to stick.” Conley, who was out walking her dog Sunny, said the possibility that climate change is contributing to relatively warmer winter days in the region — the temperature in Boston is expected to be in the 50s on Wednesday, melting much of the snow — is a concern. “I think it’s super alarming,” she said. “It is very weird, but, I don’t know, from a selfish side it’s like kind of nice to not have snow.” The storm reached into Maine with snow totals of up to 12 inches in some places — with locally higher amounts over southern New Hampshire and southwestern Maine. Wind gusts up 35 mph could add to blowing and drifting snow. Moderate to heavy snow was expected to continue in Vermont, with total snow accumulations of 6 to 12 inches. Major winter storm conditions were expected into Sunday evening, including snow in parts of New England and rain and freezing rain around the central Appalachian mountains. New York City mainly saw rain, but counties to the north and west recorded double-digit snow totals by Sunday morning. Millbrook in Dutchess County, about 75 miles north of New York, recorded a foot of snow. Port Jervis in Orange County reported 13 inches. New York Gov. Kathy Hochul said Saturday that she expected two-thirds of her state to get 8 inches (20 centimeters) of snow or more, “fortunately missing some of our more populated areas downstate, the Long Island and New York City.” In the West, a winter storm warning was in effect through Saturday night in the Sierra Nevada from south of Yosemite National Park to north of Reno, where the weather service said as much as 20 inches (50 centimeters) of snow could fall in the mountains around Lake Tahoe with winds gusting up to 100 mph. The California Highway Patrol said numerous spinouts and collisions forced an hour-long closure of Interstate 80 from west of Truckee, California to the state line west of Reno. In Arizona transportation officials said several highways in the state’s northern reaches — including Interstate 40 near Williams and State Route 64 near Grand Canyon National Park — were closed Sunday afternoon due to weather-related crashes and slide-offs from snowfall. The National Weather Service said Flagstaff was expected to get 4 to 8 inches of snow by Sunday night with Window Rock was forecast to receive 3 to 5 inches. In Nevada, the weather service said the wind chill dropped to 32 degrees at Harry Reid International Airport in Las Vegas around 7:30 a.m. Sunday. Winds were gusting to 37 mph (60 kph). In northern and western New Mexico, wind chills of 10 to 25 degrees below zero were forecast for early Tuesday. The East Coast system was expected to track along the Northeast coast throughout the weekend. A foot (30 centimeters) of snow was reported in parts of Monroe County, Pennsylvania, and 11 inches in New Jersey’s Sussex County. While warnings were being canceled and highway reduced-speed limits and other restrictions were lifted Sunday, motorists were being cautioned about the hazards of spotty freezing rain and black ice in southeast Pennsylvania and northern New Jersey. In Massachusetts and portions of Rhode Island, the National Weather Service declared a winter storm warning from 4 p.m. Saturday through 1 a.m. Monday, with snow accumulations of between 6 and 12 inches and winds gusting to 35 mph. Ice arrived early Saturday in some western North Carolina and southern Virginia areas, ranging from a fine coating to around a quarter-inch. Forecasters also warned of another Northeast storm Tuesday into Wednesday that is expected to drop heavy rain on already saturated ground. They warned of possible flooding and coastal flooding and a threat of damaging winds that could topple trees and power lines. The Trucker Staff contributed to this report.

Class 8 tractor orders at healthy levels, despite December downtown, FTR reports

BLOOMINGTON, Ind. — Preliminary North American net orders for Class 8 tractors came in at 26,620 units in the final month of 2023. That’s 26% less than November and down 6% year-over-year, according to FTR Transportation Intelligence (FTR). Although the December number was less than the month and year before, the comparisons still fell within expectations given the seasonal tendencies, according to FTR. FTR’s Board Chairman Eric Starks spoke on the numbers: “Despite the slight year-over-year decrease in orders in December, the market is still performing at a high level historically. Even as the freight markets have been weak for an extended period.” Starks added that fleets are still ordering equipment. “Order levels were above the historical average but continue to follow seasonal trends, reinforcing our expectations for replacement demand in 2024,” he said. The amount of Class 8 orders for the previous year has equaled 253,000 units. More recent running rates are even stronger than that. The annualized rate for the past six months was 302,000 units, and the three-month annualized rate was 362,000 units.

Drivers should take steps to protect against cargo theft year-round

Hunting for bargains is a common response to inflation. When everything costs more, people naturally shop for the best available deal. Unfortunately, that “best available deal” you just found could be stolen merchandise. And sadly, sometimes that merchandise is stolen during transit while under the care of truck drivers. CargoNet, a national data-sharing system that combats cargo theft by offering theft prevention and recovery solutions, reports that cargo thefts during the holiday season (Dec. 23 through Jan. 2) have increased in each of the past five years. That number is expected to rise once again for the 2023-24 season. However, cargo theft is not just a seasonal issue; it can happen any time of the year. California clearly leads the cargo-theft field, according to CargoNet, with Texas and Georgia rounding out the top three. Appliances, furniture and cleaning supplies are noted as the most targeted commodities, but electronics, energy drinks, liquor, footwear and other products are sought by thieves as well. While some crimes occur because of opportunity, many are carefully planned. Perpetrators want to steal products that are popular with consumers — and that can easily be resold. Often, the final consumer has no idea that the product they just bought is stolen; most folks simply assume the retail establishment selling the merchandise obtained it honestly. Some thefts are as simple as stealing a parked tractor-trailer while the driver is away, or picking up a dropped trailer. Other strategies involve deception, such as pretending to be a particular carrier that is scheduled to pick up a load. The phony driver pulls up and has the freight loaded, signing for it with a fictitious name, and then vanishes with the cargo. Even the most honest of drivers can become unwilling participants in theft schemes by unwittingly providing information to thieves. A person pretending to be a shipper representative, security person or lumper can ask for pickup numbers and other information that is then used to steal the load, so always make sure you know exactly who you’re talking to. Other common driver actions that can help thieves include dropping loaded trailers when bobtailing home, announcing their cargo and destination over C.B. radios, or leaving their rig unattended at truck stops. Truckstop has reported a rise in reported cargo thefts, and notes that thefts are often unreported. Some of Truckstop’s blog posts detail common theft-related activities, such as the use of master keys to gain entry to parked equipment, altering trailer markings, changing license plates and even choosing times close to holidays, when trucks are likely to be unattended for longer periods. As a truck driver, you can reduce your risk of adding to your load to the long list of cargo theft statistics with just a few steps. The first is to remember that no cargo is worth your life or safety. If you’re approached by thieves who threaten you, especially if they are armed, do not resist. Just try to memorize as many details as you can to provide to law enforcement later. Phone cameras can be used to help you remember all the details. It’s rare for a driver to remember the license plate number of a trailer they picked up to transport, but a quickly snapped photo “remembers” it for you. Taking photos of paperwork can provide shipment details that may help in the event of theft. In addition, taking photos of anything suspicious around the pickup facility or truck stop could provide valuable clues. Pictures can preserve details you may not notice — and they can be erased after the shipment is delivered if you need to clear out space on your phone. There’s an old World War II adage: “Loose lips sink ships.” This applies to the cargo you’re transporting, too. (Perhaps for trucking the term should be: “Conversation leads to confiscation.”) Thieves don’t often announce themselves as having bad intentions. Instead, they may appear to be friendly, asking questions that can seem like small talk. Watch what you say to that talkative stranger at the diesel fuel island or inside the c-store deli. Questions about where you’re headed, where you’ve just been or what you’re carrying may seem innocent, but criminals know where the shippers they target are located. They can often determine what’s in your trailer without asking you directly. Never answer questions about your route or your cargo. Even if you’re talking to another driver on the C.B., thieves can be listening. Some drivers routinely claim they’re hauling scrap paper or another low-value cargo, but it’s best not to answer at all. Every driver knows that trailer door seals and locks can’t prevent determined criminals — but they can deter amateur thieves and help prevent thefts of opportunity. Use them. If you drop the trailer, choose the safest possible spot and use a kingpin lock as well. In truth, many carriers have policies against dropping a loaded trailer. There’s a reason for this policy. When possible, arrive at the pickup location well rested and ready to run. Stopping for a meal and a shower can provide criminals with just enough time to make a clean getaway with your vehicle. Thieves know where valuable loads are picked up and where drivers are likely to stop after loading them. Of course, it isn’t realistic to eliminate all stops between a pickup and delivery, so choose your parking as carefully as you can. Well-lit parking areas with plenty of people around are your best choice, but those often fill up quickly. Avoid parking anywhere that’s dark and secluded, if possible. When you can, it’s a good idea to park in a manner that makes it difficult for thieves to open trailer doors. For example, backing very close to a building, a fence or even another trailer can increase security. Parking in the last row of a truck stop may provide more privacy, but that remote location can also assist cargo thieves, if they can gain access to the trailer doors. If you suspect someone is stealing freight, avoid confronting them directly, especially if there aren’t other people around. Most of the time, criminals aren’t going to politely wait for the police. To keep from getting caught, they could cause you injury (or worse). Also, keep this in mind: If you use a weapon, in many jurisdictions you can be charged, and you might end up with a worse sentence than the thieves. Instead, call the police, attract attention with your air horn and gather as much information as you can. Cargo theft is on the rise, but you don’t have to be a victim. By using some common-sense procedures, you can reduce your chances of involvement in a cargo theft or at least provide information that assists law enforcement in finding the criminals.

Average US diesel prices down across nation

LITTLE ROCK, Ark. — The average price for a gallon of diesel fuel is down across the nation, according to the latest figures from the Energy Information Administration (EIA). As of Jan. 1, the national average sits at $3.876 per gallon. That’s down from $3.914 per gallon on Dec. 25 and $3.894 on Dec. 18. The lowest average price in the nation can be found along the Gulf Coast at $3.565 per gallon, while the highest prices are in California at $5.184 per gallon. In the Midwest, the average price as of Jan 1 sat at $3.750 per gallon, while along the East Coast, prices sat at just over $4 per gallon.

USDOT looking at ways to innovate transportation across nation

WASHINGTON — The U.S. Department of Transportation (DOT) has launched a new committee designed to provide advice to DOT officials and the U.S. secretary of transportation about plans and approaches for transportation innovation. According to a news release, the Transforming Transportation Advisory Committee (TTAC) committee members were selected for their ability to provide diverse perspectives across sectors, geographies, and areas of expertise. The 27 TTAC members include experts from academia, think tanks, the public sector, labor and industry covering topics including automation, cybersecurity, safety, accessibility, law, government, entrepreneurship, privacy, equity and more. “We are living in a time filled with unprecedented opportunity and unprecedented challenges in transportation,” said Transportation Secretary Pete Buttigieg. “The deep expertise and diverse perspectives of this impressive group will provide advice to ensure the future of transportation is safe, efficient, sustainable, equitable, and transformative.” TTAC members will serve two-year terms and may be reappointed. DOT officials say the strived to select individuals with in-depth knowledge of their respective industries or sectors and worked to achieve the most diverse and comprehensive points of view.  Membership is an unpaid position. The first TTAC meeting will be held Jan. 18. The committee will explore and consider issues related to: Pathways to safe, secure, equitable, environmentally friendly and accessible deployments of emerging technologies. Integrated approaches to promote greater cross-modal integration of emerging technologies, in particular, applications to deploy automation. Policies that encourage innovation to grow and support a safe and productive U.S. workforce, as well as foster economic competitiveness and job quality. Approaches and frameworks that encourage the secure exchange and sharing of transformative transportation data, including technologies and infrastructure, across the public and private sectors that can guide core policy decisions across DOT’s strategic goals. Ways the department can identify and elevate cybersecurity solutions and protect privacy across transportation systems and infrastructure. Other emerging issues, topics and technologies. TTAC members include: Nat Beuse, vice president of safety, Aurora John Bozzella, president and CEO, Alliance for Automotive Innovation Jim Burg, president and CEO, James Burg Trucking Company Laura Chace, president and CEO, ITS America Mark Chung, executive vice president of Roadway Practice, National Safety Council Matthew Colvin, chief of staff of the transportation trades department, AFL-CIO Steve Dellenback, vice president of intelligent systems, Southwest Research Institute Thomas Dwiggins, chief fire officer, Chandler Fire Department Carol Flannagan, research professor and director of the Center for the Management of Information for Safe and Sustainable Transportation, University of Michigan Transportation Research Institute Shelley Francis, co-founder and managing partner, EV Noire Kelly Funkhouser, associate director of vehicle technology, Consumer Reports Mayor Kate Gallego, mayor, city of Phoenix Kim Lucas, director of mobility and infrastructure, city of Pittsburgh Tekedra Mawakana, co-CEO, Waymo Swati Mylavarapu, co-founder, Incite Raj Rajkumar, professor of electrical and computer engineering, Carnegie-Mellon University Bryan Reimer, research scientist, Center for Transportation and Logistics/AgeLab at MIT Catherine Ross, Harry West professor of city and regional planning, Georgia Institute of Technology Cole Scandaglia, senior legislative representative and policy advisor, International Brotherhood of Teamsters Steve Shladover, research engineer, University of California-Berkeley Bryant Walker Smith, associate professor, University of South Carolina School of Law Bernard Soriano, deputy director, California DMV Amie Stepanovich, vice president of U.S. policy, Future of Privacy Forum Jeffrey Tumlin, director of transportation, San Francisco Municipal Transportation Agency Carol Tyson, government affairs liaison, Disability Rights Education and Defense Fund Eileen Vélez-Vega, secretary, Puerto Rico Department of Public Works and Transportation Maria Trinidad (“Triny”) Willerton, president and founder, It Could Be Me

FMCSA misses December deadline on CMV speed limiter ruling

WASHINGTON — December came and went without the Federal Motor Carrier Safety Administration (FMCSA) issuing a ruling on its proposal to add speed limiters to most commercial vehicles. The U.S. Department of Transportation had said that Dec. 29 was its target date. Now, it’s unclear how long it will take. Significant rulemakings must be reviewed by the White House Office of Management and Budget before they can be published. That didn’t happen in 2023. Meanwhile, many in the trucking industry have been waiting with bated breath — and uncertain accelerator foots — for answers. The comment period on the speed limiter proposal ended in July 2022 with more than 15,000 respondents — most opposed to the measure. The Truckload Carriers Association (TCA) has spoken out in favor of speed limiters, publishing this stance in April 2021: “The speed of all electronically governed Class 7 and 8 trucks manufactured after 1992 should be governed by tamperproof devices either limiting the vehicle to a fixed maximum of 65 mph or limiting the vehicle to 70 mph with the use of adaptive cruise control and automatic emergency braking. The Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure that the regulations are appropriate and consistent with currently deployed technologies. Although TCA does not have a position on setting speed limiters or engine control modules (ECMs) for passenger vehicles, it recommends states consider setting the speed limiters on the vehicles of drivers with certain driving convictions.” TCA recently sent a survey about the speed limiter issue to carrier members in its Regulatory Policy Committee, Advocacy Advisory Committee, and carrier benchmarking network (TCA Profitability Program). Only one respondent said their fleet does not currently use speed-limiting technology, citing a high prevalence of owner-operators. The rest of the carriers responding shared that they do currently use speed limiters, and that the devices are set anywhere from 62 to 72 mph; the majority of these fleets said they set the limiters within the upper 60s. The majority of respondents to TCA’s survey said they are comfortable with a 2003 model year requirement (the year floated in the list of questions provided by FMCSA for the comment period). The American Trucking Associations (ATA) has also spoken out in support of speed limiters. According to an ATA statement, the group supports the use of tamper-proof electronic governors, or limiters, on heavy trucks that were manufactured after 1992 and are used in commerce. The association has also opined that the U.S. Department of Transportation should conduct a recurring five-year review of speed-governing regulations to ensure the regulations are appropriate and consistent with currently deployed technologies. “We put safety first,” said Chris Spear, ATA’s president and CEO. “We deploy the best technology to help save lives. In short, we care about the motoring public, and we feel our position on a speed limiter rule is based on data, not baseless rhetoric. Driving as fast as you can as long as you like kicks safety to the curb. It’s irresponsible. Safety is a winning issue, and ATA enjoys winning. This issue is no exception.” Meanwhile, a Republican congressman from Oklahoma has introduced new legislation that would prevent speed limiters from being required. Rep. Josh Brecheen introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act on May 2. In a news release, Brecheen said the speed limiter mandate “would negatively impact both the agricultural and trucking industries and include vehicles like semi-trucks, livestock trailer/truck combos, grain trucks, and other large commercial vehicles.” He described the mandate as an “overreach by the Biden administration.” Brecheen is no stranger to the trucking industry. “I know from experience, driving a semi while hauling equipment and years spent hauling livestock, that the flow of traffic set by state law is critical for safety instead of an arbitrary one-size-fits-all speed limit imposed by some bureaucrat sitting at his desk in Washington, D.C.,” he said. “This rule will add one more needless burden, and Congress must stop it. For example, if a rancher is transporting cattle in a trailer across state lines, under this rule, the federal government would require a speed limiter device when above 26,000 pounds. Out-of-control bureaucrats are trying to impose ridiculous regulations on Americans who are trying to make ends meet.” FMCSA’s proposed rule to require speed limiters on commercial vehicles with a gross weight over 26,000 pounds will add extra transportation costs to the private sector and make roads less safe, Brecheen contends, noting that one study found that “the frequency of interactions by a vehicle traveling 10 mph below the posted speed limit was found to be 227% higher than a vehicle moving at traffic speed.” The FMCSA has not said what the maximum speed will be, although it quickly pushed back from a report that the speed is 68 mph. A spokesperson said that limit was only “an option.” Groups in support of Brecheen’s legislation include the Owner-Operator Independent Drivers Association (OOIDA), the American Farm Bureau Federation, the National Cattlemen’s Beef Association, the U.S. Cattlemen’s Association, the Western States Trucking Association, the Livestock Marketing Association, the National Association of Small Trucking Companies (NASTC) and the Towing and Recovery Association of America. “The physics is straightforward: Limiting trucks to speeds below the flow of traffic increases interactions between vehicles and leads to more crashes,” said OOIDA President Todd Spencer. “OOIDA and our 150,000 members in small business trucking across America thank Congressman Brecheen for his leadership in keeping our roadways safe for truckers and for all road users.” NASTC President David Owen also spoke out for the DRIVE Act. “Mandating speed limiters on commercial vehicles would increase speed differentials between cars and trucks, increase traffic density and increase impatience and risky driving by those behind a plodding truck,” Owen said. “Mandatory speed limiters would likely cost more lives and cause more accidents and injuries. NASTC commends the DRIVE Act for stopping a predictable regulatory disaster.” Driver reactions Big rigs whiz down Interstate 30 in Saline County, Arkansas, day and night, creating a steady roar that has become a symbol of the area’s commerce. Mona Sims, a local truck driver who lives in nearby Bauxite, Arkansas, grew up near this interstate and said she couldn’t wait to hit the road in an 18-wheeler. When asked about the speed limiter proposal, Sims, who has been a professional truck driver for 18 years, said she’s given it a lot of thought — but she can’t support it. “I just think it’s dangerous territory,” Sims said. “I am an independent driver, and this just feels like more government overreach to me. I am a safe driver. I follow all the laws. Why do we need more rules?” Ralph Sanders drives for a large trucking company. He says he hates the governor that’s been put on his rig by the corporation. It’s limited to 65 mph, and he says it’s often put him into tough positions on the road. “If I need to get up some speed on a hill or to pass, I can’t,” he said. “I understand it’s about safety, but I think we should at least have 80 miles an hour on these trucks in case we need that extra speed.” In all, 12 professional truck drivers The Trucker recently surveyed at a Pilot along Interstate 30 all said they were against the proposal. Two others pledged support for it. Company driver Paul Gibbons said set speeds can save lives. “I am all for it, because you get hot shots out there who want to break the law and go as fast as they can, especially in bad weather,” Gibbons said. “If you get these hot heads rigs that can only go, say, 65 mph, they will cool down real quick. We need cooler heads out here on these interstates.” Rachel Kessler says she supports speed limiters to help save fuel. “I am an independent driver, but I always drive 65,” she said. “It’s better on my fuel, and it may just help save a little bit of the environment. I know that isn’t a popular subject in this industry, but we need to all do what we can, even if it’s just driving a couple miles slower an hour.”