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Oklahoma congressman files bill to halt FMCSA’s speed limiter rule

WASHINGTON — A Republican congressman from Oklahoma has introduced new legislation that would prevent the Federal Motor Carrier Safety Administration (FMCSA) from implementing a speed limiter rule on 18-wheelers. Rep. Josh Brecheen introduced the Deregulating Restrictions on Interstate Vehicles and Eighteen-Wheelers (DRIVE) Act, on Tuesday, May 2. In a news release, Brecheen said the rule “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.” “This overreach by the Biden Administration has the potential to negatively impact all facets of the agricultural and trucking industries. 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.,” Brecheen added. “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 lbs. 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-miles per hour below the posted speed limit was found to be 227% higher than a vehicle moving at traffic speed.” The FMCSA has not set a maximum speed at this time. Groups in support of Brecheen’s legislation include: Owner-Operator Independent Drivers Association (OOIDA), American Farm Bureau Federation, National Cattlemen’s Beef Association, United States Cattlemen’s Association, Western States Trucking Association, Livestock Marketing Association, National Association of Small Trucking Companies 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.” National Association of Small Trucking Companies 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.” Not everyone is against speed limiters, however. American Trucking Associations (ATA) President and CEO reiterated in a statement that the ATA supports them. “The easiest position anyone in Washington can take is ‘No.’ It requires little effort, zero facts and an unwillingness to compromise. ATA isn’t the association of ‘No.’ We put safety first. We deploy the best technology to help save lives,” Spear said. “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.”ATA policy on speed limiters supports electronically governing Class 7 and 8 trucks manufactured after 1992 used in commerce should be governed by tamperproof devices that either limit the vehicle to a fixed maximum of 65 mph or limit the vehicle to 70 mph — with the use of adaptive cruise control and automatic emergency braking. ATA also believes that the U.S. 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.”“Everyone knows excessive speed kills, and ATA policies support technology to address this irrefutable fact of physics. It is vital that any regulation get the details right, and the technologies are changing every year,” said ATA Executive Vice President of Advocacy Bill Sullivan. “These efforts to prohibit the development of safety policies are misguided, they will lead to more serious crashes, and this bill will never become law, even if it passes the House.” The comment period on the speed limiter proposal ended with more than 15,000 respondents, with most opposed to the measure. However, the FMCSA is moving forward with the rule, and it could be finalized as early as June, according to the Unified Regulatory Agenda.

Feds ramping up program designed to bolster supply chain

WASHINGTON — Truck drivers, shippers, wholesalers, retailers and other businesses key to the nation’s supply chain must do a better job at sharing information to help address issues. This is the plan the Biden administration said on Tuesday, May 2, that it was ramping up in an effort to try and fix ongoing supply chain woes. The Freight Logistics Optimization Works (FLOW) program, which was launched in March 2022 with 18 companies, now has 53 members. Motor carriers participating in FLOW include: C&K; Gulf Winds; IMC Companies; J.B. Hunt; NFI Industries; RoadOne; and Werner. Exchange participants receive assistance from the U.S. Department of Transportation (USDOT) with things such as supply-and-demand information. U.S. Transportation Secretary Pete Buttigieg said the program will “help us to smooth out supply chains to make us more resilient to whatever it is that is coming next.” Data exchange may involve incoming container demand or available supply-side assets to move goods like terminal slots, tractors, chassis, and warehouse space, the Transportation Department said. According to a Reuters report, White House deputy National Economic Council director Celeste Drake said at a forum the program had evolved its goal from “answering the very simple question of ‘Where’s my stuff?’ to ‘How do we create a forward-looking integrated picture of the supply chain condition in the U.S.?’” Drake said the plan is to expand the program to additional ports. USDOT has spent $1.5 million to create the program and is asking for $5.3 million in the current budget request “to keep scaling this, to make it even more useful.” According to Reuters, he said officials will keep refining the program and seeking feedback from companies to make it more useful. Biden created a task force in June 2021 to address high prices and shortages of consumer goods and crucial components, thanks to pandemic-related labor and demand issues.

Average diesel prices down for second straight week as oil companies post record profits

LITTLE ROCK, Ark. — The average price for a gallon of diesel fuel has risen and fallen over the past several weeks, with this week’s price sitting slightly down. According to the Energy Information Administration (EIA), as of May 1, the average price is $4.018, down from $4.077 on April 24 and $4.116 on April 17. The only regions seeing rising prices are in the Rocky Mountains and along the West Coast, where the average price for a gallon of diesel sits at $4.146 and $4.489, respectively. The lowest price in the U.S. can be found along the Gulf Coast at $3.754 per gallon, according to the EIA. Meanwhile, oil companies around the world have been reporting bumper earnings in the wake of Russia’s invasion of Ukraine in February 2022, which sent energy prices soaring and curtailed some of Moscow’s supplies to the world. The fat profits and resulting hefty pay for energy company bosses have spurred demands that the companies do more to protect consumers squeezed by surging energy bills that have sent inflation skyrocketing. BP said it expected oil demand to “remain elevated” in the second quarter because of a recent decision by some OPEC+ nations to restrict production, combined with strengthening Chinese demand. The company also has come under fire recently for scaling back its climate goals — watering down its targets for reducing greenhouse gas emissions by a third, while planning to pump more more oil and gas by the end of the decade than it previously forecast. BP said it earned $5 billion in underlying replacement cost profit in the first three months of the year, up from $4.8 billion in the previous quarter. The figure excludes one-time items and fluctuations in the value of inventories. The company said the earnings report “reflects an exceptional gas marketing and trading result” and a “very strong oil trading result.” “This has been a quarter of strong performance and strategic delivery,” CEO Bernard Looney said in a statement.

Multiple big rigs involved in Illinois crashes caused by dust storm; at least 6 dead along I-55

DIVERNON, Ill. — A windstorm in southern Illinois kicked up dangerous clouds of blinding dust off farm fields on Monday, May 1, causing numerous crashes that killed at least six people on Interstate 55, police said. The late morning crashes involved 40 to 60 cars and multiple tractor-trailers, two of which caught fire, Illinois State Police Maj. Ryan Starrick said. I-55 was shut down in both directions in Montgomery County, 75 miles north of St. Louis, and likely won’t reopen until Tuesday, May 2. Starrick told reporters that it was a spring version of a “whiteout situation” typically seen in winter snowstorms. Gov. J.B. Pritzker described the scene as “horrific.” “The cause of the crashes is due to excessive winds blowing dirt from farm fields across the highway, leading to zero visibility,” Starrick said. Winds at the time were gusting between 35 mph and 45 mph, the National Weather Service said. “It’s very flat, very few trees,” meteorologist Chuck Schaffer said. “It’s been very dry across this area really for the last three weeks. The farmers are out there tilling their fields and planting. The top layer of soil is quite loose.” Starrick said more than 30 people were transported to hospitals with injuries, which occurred in the southbound and northbound lanes. Evan Anderson, 25, who was returning home to St. Louis from Chicago, said a semi turned before striking his vehicle, sparing him from even more damage. “You couldn’t even see,” Anderson said. “People try to slow down and other people didn’t, and I just got plowed into. There was just so many cars and semi trucks with so much momentum behind them.” Kevin Schott, director of emergency services in Montgomery County, said it was a “very difficult scene” and one that’s “very hard to train for.” “We had to search every vehicle, whether they were involved in the accident or just pulled over, to check for injuries,” he said. “People were “upset — visibly so, understandably so.” Authorities set up staging areas away from the crash site to help travelers reunite with friends and family.

USDOT approves use of oral fluid in drug testing

WASHINGTON — The U.S. Department of Transportation (DOT) has issued its final rule amending regulations to allow oral fluid testing in its industry drug testing program. The rule is set to publish on the Federal Register on Tuesday, May 2, and includes additional methodology for drug testing that “will give employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals of the program,” according to the DOT. In order for an employer to implement oral fluid testing under the DOT regulation, the U.S. Department of Health and Human Services will need to certify at least two laboratories for oral fluid testing, which has not yet been done. The final rule includes other provisions to update the DOT’s regulation “and to harmonize, as needed, with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services.” according to the Federal Register filing. DOT officials said that oral fluid testing may offer a less time-consuming alternate to existing procedures when an employee cannot produce a sufficient urine specimen – for example, in a “shy bladder” situation or when specimens show evidence of tampering. Currently, employers must give individuals up to three hours to try producing a urine specimen again. If an individual still cannot produce a urine sample, the employer must refer the individual to a physician for further evaluation. The rule would allow employers to switch immediately to an oral fluid collection after the first failed attempt. Employers could similarly switch from oral fluid to urine collection if, for example, an employee has a “dry mouth” situation. “Allowing employers to use oral fluid testing may improve the effectiveness of drug testing,” according to the Federal Register filing. “Oral fluid testing can detect the recent use of some drugs, including marijuana and cocaine, while urine drug testing has a longer window of detection. More effective drug testing could deter employee illicit drug use and reduce safety risks from drug use.” DOT says that oral fluid testing can reduce anxiety, discomfort and other burdens for individuals undergoing testing because it is less intrusive and time-consuming than urine testing. For example, while most DOT-regulated urine tests are unobserved, a small number require direct observation. In observed tests, an observer of the same gender as the employee watches the employee urinate into the collection container. “Allowing the alternative of oral fluid testing would reduce discomfort and other issues for individuals, including potential civil rights issues for transgender or non-binary individuals,” the Federal Register filing states. “Reducing the burdens associated with testing may also reduce barriers to transportation employment for individuals deterred by current testing requirements.”

Truck freight volume continues to contract nationwide, new US Bank report shows

MINNEAPOLIS — For the fourth quarter in a row, freight volume has contracted on an annual basis, with freight shipments via truck declining 6.1% year-over-year in the first quarter of 2023. This is according to the latest U.S. Bank Freight Payment Index. The drop was most intense in the Southeast, West and Northeast regions, where volume fell 16.1%, 14.1% and 13.8%, respectively, according to the index. Shipments fell just 2.4% year-over-year in the Midwest, but the region has experienced contracting volume for 12 straight quarters. Meanwhile, shipments in the Southwest region increased 14%, the region’s largest year-over-year increase since early 2018. “This quarter was a prime example of how important it is to examine regional data when assessing truck freight shipments in the U.S.,” said Bobby Holland, director of freight data solutions at U.S. Bank. “Boosted by growing truck-transported trade with Mexico and increased activity at the Port of Houston, truck freight activity in the Southwest region is markedly different than what we’re seeing in other regions.” Nationwide, spending on truck freight fell just 0.3% year-over-year and was driven by an 8% year-over-year spending drop in the Midwest, according to the index. Spending rose in all other regions, including by 16.7% annually in the Southwest and 7.8% in the Southeast. “It’s clear that capacity is not uniform across the country,” said Bob Costello, senior vice president and chief economist at the American Trucking Associations. “The spending data we’re seeing in the South is more evidence that there is real trucking supply tightness there, while the Midwest is experiencing the opposite.” Regional Data West Shipments Linked quarter: -2.8%. Year over year: -14.1%. Spending Linked quarter: 6.9%. Year over year: 2.8%. Shipments declined in the West on a quarterly basis for the fourth consecutive quarter. Low seaport volumes and a significant contraction in housing starts appear to be impacting truck freight volumes in the region. Southwest Shipments Linked quarter: 5.0%. Year over year: 14.0%. Spending Third quarter: 5.7%. Year over year: 16.7%. Continuing to be the top region for truck freight, the Southwest experienced its eighth straight quarter of year-over-year volume and spending increases. Midwest Shipments Linked quarter: 1.3%. Year over year: -2.4%. Spending Linked quarter: -5.3%. Year over year: -8.0%. The region continues to be the weakest overall, notching its 12th-straight year-over-year contraction in volume. There appears to be ample truck capacity in the Midwest, which was the only region to have a drop in spending. Northeast Shipments Linked quarter: -4.8%. Year over year: -13.8%. Spending Linked quarter: 2.2%. Year over year: 2.0%. This was the third-straight year-over-year decline in volume in the region and the largest drop since Q1 2021. Spending increased even as diesel fuel prices fell, suggesting marginally constrained capacity in the area. Southeast Shipments Linked quarter: -10.1%. Year over year: -16.1%. Spending Linked quarter: 1.8%. Year over year: 7.8%. The Southeast had the largest annual decline among all regions, with the 16.1% drop the largest on record for the region. Similar to the West, new housing starts and declining seaport activity appear to be impacting truck freight volume in the Southeast.

California OKs regulation to streamline zero-emission big rig requirements

SACRAMENTO, Calif. — The California Air Resources Board (CARB) has fast-tracked a new rule to clamp down on pollutants from heavy-duty trucks and require deployment of zero-emission vehicles (ZEVs). Leaders say it’s a first-of-its-kind requirement that will create a phased-in transition toward zero-emission medium-and heavy-duty trucks. The approval came on Friday, April 28. Under the new rule, fleet owners operating vehicles for private services, such as last-mile delivery and federal fleets, must begin their transition toward zero-emission vehicles starting in 2024. The rule cannot be implemented without approval by the U.S. Environmental Protection Agency. But it’s related to standards the Biden administration already approved last month to phase out diesel-powered box trucks, semitrailers and large passenger pick-ups. If the EPA approves California’s rule, other states could later adopt the same standards. According to a news release from CARB, the new rule, known as Advanced Clean Fleets, “helps put California on a path toward accomplishing Gov. Gavin Newsom’s goal of fully transitioning the trucks that travel across the state to zero-emissions technology by 2045.” The rule includes the ability to continue operating existing vehicles through their useful life. Additionally, state leaders say the new rule is expected to generate $26.6 billion in health savings from reduced asthma attacks, emergency room visits and respiratory illnesses. The state also claims that fleet owners will save an estimated $48 billion in their total operating costs from the transition through 2050. The American Trucking Associations President and CEO Chris Spear said in a statement that the decision to force motor carriers to purchase zero-emission vehicles ignores the fact that these types of trucks are early-stage technologies and the infrastructure to support them does not exist. “Today, an unelected Board in California voted to force trucking companies to buy zero-emission trucks. Fleets are just beginning to understand what it takes to successfully operate these trucks, but what they have learned so far is they are significantly more expensive, charging and refueling infrastructure is nonexistent, and ZEVs are not necessarily a one-for-one replacement — meaning more trucks will be needed on California roads to move the same amount of freight,” Spear said. Spear added that California is setting unrealistic targets and unachievable timelines that could lead to higher prices for the goods and services delivered to the state and fewer options for consumers. “As it becomes clear that California’s rhetoric is not being matched by technology, we hope the Board will reverse course and allow trucking companies the freedom to choose the clean technologies that work best for their operations,” Spear said. “ATA-member companies work tirelessly to deliver the nation’s freight while deploying the cleanest technologies available. Over the past 35 years, those efforts have produced a 98% reduction in truck emissions. We continue to say, ‘Yes’ to advancing cleaner technologies, but achievable targets and realistic timelines matter.” Truckload Carriers Association President Jim Ward echoed Spear, writing in a statement that “Pushing trucking companies — who are the central link in the supply chain — towards the adoption of vehicles that are still early in development and fraught with limitations is premature and irresponsible.” Ward added: “As an industry, truckload stands ready to be at the forefront of a proactive, but realistic approach to the rollout of electric commercial vehicles that aid the protection of our environment and ensure our essential equipment is reliable, affordable, and supported by sound infrastructure. The adoption of this regulation signals a lack of awareness regarding the present gap between goals and current achievability – which if ignored will inevitably lead to supply chain disruptions that will affect the consumer and their pocketbook.” Ward further wrote that “Calculated planning, realistic expectations and practical solutions are the answer towards advancing clean technologies. Today’s adoption of the ‘Advanced Clean Fleets’ regulation only proves that none of those answers were considered in this misguided transition.” While trucks represent only 6% of the vehicles on California’s roads, they account for over 35% of the state’s transportation generated nitrogen oxide emissions and a quarter of the state’s on-road greenhouse gas emissions, the CARB news release noted. Sam Wilson, an analyst with the Union of Concerned Scientists, said in a statement the technology is available to start transitioning toward electric trucks. “We need this standard to accelerate the necessary phase-out of fossil-fueled trucks that are fouling our air,” Wilson said. California communities that sit near trucking corridors and warehouse locations with heavy truck traffic have some of the worst air in the nation, CARB officials have said. California is set to invest almost $3 billion between 2021-25 in zero-emission trucks and infrastructure. This investment is a part of a $9 billion multi-year, multi-agency zero-emissions vehicle package to equitably decarbonize the transportation sector that was agreed upon by the Governor and the Legislature in 2021. “We have the technology available to start working toward a zero-emission future now,” said CARB Chair Liane Randolph. “The Advanced Clean Fleets rule is a reasonable and innovative approach to clean up the vehicles on our roads and ensure that Californians have the clean air that they want and deserve. At the same time, this rule provides manufacturers, truck owners and fueling providers the assurance that there will be a market and the demand for zero-emissions vehicles, while providing a flexible path to making the transition toward clean air.” Yana Garcia, California’s secretary for environmental protection, said her state is leading by example with these new measures to slash air pollution from heavy-duty trucks. “Where you live, work or go to school should not determine the quality of the air you breathe,” Garcia said. “The Advanced Clean Fleets rule brings California one step closer to addressing historic inequities that have placed some communities at the epicenter of environmental pollution and the resulting health consequences, while accelerating our transition to a zero-emission future.” NEW RULE AT A GLANCE Drayage trucks will need to be zero-emissions by 2035. All other fleet owners will have the option to transition a percentage of their vehicles to meet expected zero-emission milestones, which gives owners the flexibility to continue operating combustion-powered vehicles as needed during the move toward cleaner technology, according to CARB officials. The flexibility is intended to take into consideration the available technology and the need to target the highest-polluting vehicles. For example, last mile delivery and yard trucks must transition by 2035, work trucks and day cab tractors must be zero-emission by 2039, and sleeper cab tractors and specialty vehicles must be zero-emission by 2042. The rule also allows fleet owners to receive exemptions based on available technology to make sure fleet owners continue to replace their older polluting trucks with ones that have the cleanest engines in the nation. There are already about 150 existing medium- and heavy-duty zero-emission trucks that are commercially available in the U.S. today. The Advanced Clean Fleets rule includes an end to combustion truck sales in 2036, a first-in-the-world requirement that factors in public commitments to transition to zero-emission technology by truck manufacturers, potential cost savings for fleets and accelerated benefits for California communities, according to CARB. The rule also provides fleet owners flexibility and provides regulatory certainty to the heavy-duty market. “An analysis of the sales and purchase requirements estimates that about 1.7 million zero-emission trucks will hit California roads by 2050,” according to the CARB news release. “To support the needed infrastructure and services to make this transition, agencies across government have committed to the Zero-Emission Infrastructure Joint Agency Statement of Intent.” Advanced Clean Fleets follows the 2020 adoption of the Advanced Clean Trucks rule, which put in place a requirement for manufacturers to increase the sale of zero-emission trucks and its waiver was recently granted by the Biden Administration’s Environmental Protection Agency. The Associated Press contributed to this report.

Do ELDs make trucking safer? New DOT report says it’s difficult to say

WASHINGTON — A new report submitted by U.S. Transportation Secretary Pete Buttigieg to Congress analyzes the cost and effectiveness of electronic logging devices (ELDs) in commercial motor vehicles. The report, which is mandated by law, also notes the difficulty in providing data on just how much safer ELDs have made the trucking industry — or whether they have had any real impact on safety at all. “Since the full implementation of the ELD rule, multiple events have occurred that have impacted the use of ELDs, safety and hours of service (HOS) enforcement,” the report states. “Such factors include the September 2020 implementation of new HOS regulations, HOS exemptions issued in response to the COVID-19 pandemic (which suspended HOS rules for carriers transporting specified commodities in support of relief efforts during the pandemic) and the implementation of the Federal Motor Carrier Safety Administration’s (FMCSA’s) Drug and Alcohol Clearinghouse. These confounding factors have increased the challenges relating to any further analysis of the ELD mandate, making it difficult to tease out their individual safety impacts.” In evaluating safety effects, the report notes that the FMCSA performed several types of analysis and used its judgment to select a conservative result for the number of crashes and fatalities avoided by ELD use. “Using the elements of the Office of Management and Budget approved Information Collection Request for the paper records of duty status, the paperwork savings (driver time to prepare the paper records, clerical time to file and maintain the paper records and supporting documents for at least six months from the date the records are generated, and paper costs) and safety (crash reductions), the Regulatory Impact Analysis estimated the total annualized industry cost, using 2013 dollars and a 7% discount, to be $1.836 million, with annualized total benefits of $3.010 million, resulting in net benefits of $1.174 million,” the report states. To evaluate compliance with the ELD rule, FMCSA analyzed the HOS violations that encompass the 10/11-hour driving time limits for buses and trucks, respectively; the 14/15-hour driving window or on-duty limits for trucks and buses; and the 60/70-hour weekly on-duty limits. During the two-year period from the compliance date, Dec. 18, 2017, to the full compliance phase, which began Dec. 17, 2019, compliance with the HOS categories listed above improved, according to the report. In December 2017, 1.19% of driver inspections cited at least one HOS violation. “In December 2021, that percentage decreased to approximately 0.77. Increased compliance with the HOS rules reduces the risks of fatigue-related crashes attributable, in whole or in part, to patterns of violations of the HOS rules,” according to the report. The report also notes that the transition to ELDs has increased the efficiency and effectiveness of FMCSA’s enforcement personnel and State Partners. ELDs improve the efficiency of investigations by allowing motor carriers to upload requested records for review by safety officials quickly and efficiently during roadside inspections, and also in advance of an investigation. “By creating a standardized display in the Electronic Records of Duty Status software, safety officials can easily review logs, without having to decipher hand-written and hand-drawn records,” the report states. “In addition, ELDs make it easier for FMCSA and its enforcement partners to identify falsified records and take appropriate action. Due to the efficiency of using ELDs to review HOS, safety officials spend less time reviewing RODS, freeing them up to focus on other safety and enforcement matters.” Click here to view the full report.

Colorado promotes access to zero-emissions trucks with new rule

REMOTE, Colo. — Colorado’s Air Quality Control Commission has adopted new rules to promote access to zero-emissions trucks. The state health department’s Air Pollution Control Division developed the rules and proposed them to the commission following extensive public engagement, according to a news release. Colorado joins other states, including California, Massachusetts, New Jersey, New York, Oregon, Vermont and Washington in copying EPA-approved regulations from California’s so-called Advanced Clean Trucks strategy. Colorado’s new measures will: Give Colorado businesses and consumers more options when buying zero-emission trucks. Reduce maintenance, operating, and fuel costs for zero-emission truck owners. Dramatically reduce greenhouse gas emissions, like carbon dioxide, that cause climate change. Reduce air pollution emissions, like nitrogen oxides and particulate matter, that lead to the formation of harmful ground-level ozone pollution. “We’re always looking for new ways to address environmental and health inequities that still impact many Colorado communities today. By encouraging more zero-emitting trucks on the road, we take another step towards realizing clean air for all Coloradans no matter where they live,” said Michael Ogletree, director of the Air Pollution Control Division. “We’re proud of our part in developing these policies that will benefit Colorado’s air quality for years to come and save Coloradans money in the long run.” The independent commission unanimously approved three rules after a multi-day hearing on Friday, April 21. The hearing included opportunities for public comment and consideration of alternate proposals from other organizations. Ultimately, the commission voted to adopt the two most impactful rules as the division proposed them, which include the Advanced Clean Trucks rule and the Low NOx Truck rule. The Advanced Clean Trucks rule sets a sales standard for manufacturers to make more zero-emission trucks available in Colorado. It takes effect for trucks starting with model year 2027, and the sales standard percentage grows incrementally through model year 2035. This rule will only apply to manufacturers of medium-and heavy-duty trucks. It does not impact farming equipment or off-road construction equipment. The sales standard does not require Colorado businesses or consumers to purchase a zero-emission truck. The Low NOx Truck rule sets more stringent air pollution emissions standards for heavy duty vehicles, improves testing requirements for engines, and extends warranties. It takes effect for trucks starting with model year 2027. NOx refers to nitrogen oxides, which form ground-level ozone pollution when they react with other pollutants in heat and sunlight. Most trucks run on diesel, which generates even more nitrogen oxide emissions than vehicles that run on gas. The rule will lower the nitrogen oxide emissions standard for new vehicles by 90% compared to the current standard. The commission made some changes to the division’s proposal for the last rule, the Large Entity Reporting rule. It will still only apply to operators with a fleet of 20 or more trucks. As the Public Service Company of Colorado suggested, the division will collect this information twice, instead of once. The first reporting deadline is November 30, 2024. The second reporting deadline is December 31, 2027. As the Environmental Justice Coalition suggested, the division will also make all of this data publicly available. The division proposed the clean trucking rules to help meet goals in the Colorado Greenhouse Gas Pollution Reduction Roadmap. The roadmap directed the division to develop a holistic Clean Truck Strategy and to consider proposing these rules as part of that effort. “Zero-emission vehicles can lead to savings on maintenance and fuel costs for owners,” Colorado officials stated. “Cleaner vehicles also offer savings through avoided health impacts and avoided climate impacts. The air division completed a Final Economic Impact Analysis that shows total savings could be more than $15.6 billion through 2050.” To help cover up-front costs, the division recently opened two grant programs for applications to fund clean vehicles. The federal Inflation Reduction Act created significant incentives for zero-emission trucks. These include up to $40,000 off the purchase price of clean trucks through a new federal tax credit. Colorado is also positioned to access significant federal funding to assist in deployment and reduce up-front costs for zero-emission trucks.

Multiple companies, 11 people in Michigan charged after altering big rigs’ emissions systems

GRAND RAPIDS, Mich. — A total of three companies and 11 individuals have been charged with violating the Clean Air Act in a scheme to disable emissions control systems on semi-trucks. According to a news release from U.S. Attorney for the Western District of Michigan Mark Totten, this case is one of the largest of its kind ever charged in the United States. The corporate defendants are Diesel Freak LLC and Accurate Truck Service LLC of Gaylord, Michigan, and Griffin Transportation Inc. of Grand Rapids, Michigan. The individual defendants are: Ryan Lalone, 47, of Gaylord; Wade Lalone, 44, of Gaylord; Dustin Rhine, 32, of Indian River, Michigan; James Sisson, 42, of Mt. Pleasant, Michigan; Douglas Larsen, 51, of Wayland, Michigan; Craig Scholten, 58, of Byron Center, Michigan; Ryan Bos, 45, of Grandville, Michigan;  Robert Swainston, 50, of Hopkins, Michigan; Randy Clelland, 33, of Grand Rapids; Scott DeKock, 45, of Hudsonville, Michigan; and Glenn Hoezee, 55, of Howard City, Michigan. “Today’s criminal charges send a loud message of accountability to polluters who flout our environmental laws,” Totten said. “These rules not only protect the planet; they also protect people — especially the most vulnerable. They safeguard the water we drink, the lakes we fish, and the air we breathe. To the owners and drivers of the vehicles that participated in this scheme and are now spewing harmful pollutants: get them fixed now.” The three companies, along with Ryan Lalone, Wade Lalone, Larsen, Scholten, Bos, Swainston, Clelland, DeKock and Glenn Hoezee, have signed plea agreements, indicating their intent to plead guilty to a felony information, according to the news release. Rhine and Sisson were indicted by a federal grand jury. Arraignments and change of plea hearings will occur on dates to be set by the U.S. District Court. According to public records filed in the case, Ryan Lalone owns Diesel Freak LLC, and Wade Lalone, Rhine and Sisson were employed there.  Accurate Truck Service LLC is owned by Larsen, Scholten and Bos, and Swainston and Clelland were employed there. Griffin Transportation Inc. is owned by Scholten and Bos, while DeKock once owned a shipping company at which Hoezee was employed. According to Totten’s office, Accurate Truck Service LLC removed or altered the emissions hardware components of vehicles with heavy-duty diesel engines. Diesel Freak LLC then reprogrammed the engine computers of the vehicles so that they would continue to function even after the hardware was removed or altered. This process is sometimes referred to as a “deletion,” that is, “deleting” the emissions controls from the vehicles. Deleting emissions controls from the vehicles can improve performance and fuel economy and save maintenance costs; however, tampering with or removing emissions controls can drastically increase the emissions of nitrogen oxides, particulate matter, carbon monoxide and non-methane hydrocarbons found in vehicle exhaust. Exposure to and inhalation of these chemicals at greater levels is associated with serious health risks. According to the news release, Griffin Transportation Inc. and the company DeKock owned asked Accurate Truck Service LLC and Diesel Freak LLC to delete emissions equipment on trucks owned, operated or leased by the companies. During the conspiracy, Diesel Freak LLC was involved in at least 362 deletions, while Accurate Truck Service LLC involved in at least 83 deletions, the news release noted. Further, Griffin Transportation Inc. was involved in at least 12 deletions, and DeKock’s former company in at least four deletions, according to Totten. Accurate Truck Service LLC and Griffin Transportation Inc. have agreed to pay a combined $1 million fine. Diesel Freak LLC has agreed to pay a $750,000 fine subject to defense arguments regarding inability to pay. Any fine is a part of the criminal sentence and ultimately within the discretion of the sentencing judge. “By illegally tampering with emissions controls on diesel trucks operating throughout the United States and Canada, defendants caused the excessive release of diesel exhaust containing toxic gases and impurities harmful to public health and the environment,” said Acting Special Agent in Charge Richard Conrad of the U.S. Environmental Protection Agency’s Criminal Investigation Division. “This case highlights EPA and our law enforcement partners’ continued efforts to prosecute those who violate environmental and public health laws in the U.S. for financial gain.”

Used Class 8 truck volumes exceed seasonal expectations

COLUMBUS, Ind. — According to the latest State of the Industry: U.S. Classes 3-8 Used Trucks, published by ACT Research, used Class 8 retail volumes (same dealer sales) jumped 18% month-over-month in March. Average mileage declined by 5%, with average price up 4% and age down 2%. Longer term, average price, age and volumes were lower, with miles higher year-over-year. “Same dealer Class 8 retail truck sales continued their topsy-turvy run in March, jumping 18% from February. Granted, sales normally experience a boost in March, but the increase is usually smaller, about 12%,” said Steve Tam, vice president at ACT Research. “The litmus test will come next month, with history indicating sales typically decrease around 10% from March.” Combined, the total market rose 44% in March, relative to February. Compared to March 2022, the retail and wholesale markets declined, -13% and -40%, respectively. Their reductions more than counterweighted by the gain in the auction channel (+48%), resulting in a total market improvement of 4% year-over-year, Tam noted. “As the year progresses, the year-to-date scenario continues to diverge from year-over-year performance,” Tam said. “The overall market held onto a narrow gain (+1%). Our best estimate suggests that inventory continues to increase, supporting buyers working to refresh their used truck fleets. Units are flowing from both increased new truck purchases/trades, as well as owners exiting the market. The most recent fleet bankruptcy data available show failures have increased but remain well below historical levels.”

FMCSA to study automated, advanced driving systems for CMVs; comments sought

WASHINGTON — The Federal Motor Carrier Safety Administration (FMCSA) is seeking comments on a new study involving automated and advanced driving assistance systems in commercial vehicles. Characterized as a “driving simulator study,” the series of questionnaires will evaluate how commercial motor vehicle (CMV) drivers engage in vehicles equipped with SAE International Level 2 (L2) advanced driver assistance systems (ADAS) and Level 3 (L3) automated driving systems (ADS), according to the FMCSA. Approximately 100 CMV drivers will participate in the study, which will examine the effect of non-driving secondary task engagement, transfer of control and training on driver behavior in CMVs equipped with ADAS and ADS. “Higher levels of ADAS and lower levels of ADS present an environment that is ripe for overreliance,” according to the FMCSA. “An L2 vehicle offers longitudinal and lateral support to the driver; however, the driver is still responsible for driving at all times. An L2 vehicle is an example of higher levels of ADAS.” At this level, engaging in non-driving secondary tasks can be highly detrimental to driving performance as the driver may not recognize and respond to hazards timely or appropriately, the FMCSA noted. In an L3 vehicle, the role of distraction is blurred. L3 is the lowest level considered to be ADS. “The driver takes on a more supervisory role and is in full control of the vehicle in a limited number of situations,” according to the FMCSA. “When an L3 vehicle alerts the driver that a takeover is required, the driver needs to have situational awareness to resume full control of the vehicle. Engagement in non-driving secondary tasks may prevent the driver from maintaining situational awareness of the driving environment. A recently completed study by FMCSA on research involving ADSs in CMVs found a lack of research related to ADS-equipped CMVs.” To date, most commercial ADS systems on U.S. roadways are in passenger vehicles, and CMV ADSs have only recently begun being implemented in real-world operations. Therefore, FMCSA officials noted, the agency needs more data on ADS-equipped CMVs to understand driver behavior and policy implications. “The purpose for obtaining data in this study is to evaluate driver readiness to assume control in SAE L2 ADAS and L3 ADS-equipped CMVs and develop and test a CMV driver distraction training program designed to improve driver readiness,” according to the FMCSA. “The collected survey data will support the simulator experiment data.” From September through November 2022, the FMCSA opened comments on the Federal Register on the issue of automated and advanced driving systems. A total of 93 comments were received from the public. These comments revolved around nine issues: General safety concerns with advaced driving systems; concern for job loss due to ADS-equipped CMVs; concerns related to the operation of ADS within specific operational design domains; concerns with specific ADS and/or ADAs; the failure of ADS sensors; the security of ADS-equipped CMVs; driver inattention/distraction when operating an ADS; data collection efforts; and support for the study. General Safety Concerns With ADS-Equipped CMVS A total of 50% of the comments received expressed general safety concerns related to ADS-equipped CMVs. “FMCSA is actively engaged in many research and administrative activities to help improve the safety of CMV drivers and the general public, including research on ADS,” the FMCSA noted. “There are many research questions that need to be answered before ADS-equipped CMVs are deployed at scale.” Some of these research questions are focused on the ADS technology itself to ensure that the ADS technology functions as intended and incorporates the appropriate redundant failsafe systems. However, other research questions are focused on the human factors related to how individuals within the CMV industry will interact with ADS-equipped CMVs. Crashes involving ADAS illustrate why research focused on human factors is critical prior to full-scale deployment of ADS. Many of the incidents involve a mismatch between driver expectations of the technology and the driver’s true role and responsibility to monitor vehicle features. This study is focused on L2 and L3-equipped CMVs. The systems included in this study would require a driver inside the vehicle who is ready to resume control of the vehicle when needed or requested (e.g., during icy conditions). Results from this study will be used to develop and evaluate a training program designed to improve drivers’ understanding and expectation of ADS. This training program will also attempt to improve drivers’ attention maintenance and hazard anticipation while operating L2 and L3 vehicles. Although FMCSA believes this is a critical research study to understand how driver inattention may affect performance of L2 and L3 CMVs, it is only one research study of many that are needed to ensure the safety of drivers on the roadways. Concerns for Loss of Jobs Due to ADS-Equipped CMVS Ten comments from the public focused on the potential loss of jobs as a result of ADS-equipped CMVs. “The trucking industry employs millions of individuals in the U.S. who are vital to the U.S. economy,” according to the FMCSA. “Additionally, there are millions of other individuals who work in roles that support the transportation industry (e.g., gas stations, truck stops, maintenance facilities, etc.). Better pay for drivers, effective training, safe equipment, and improved quality of life for drivers are important factors for retaining safe drivers within the industry. ADAS and ADS offer possible solutions that help drivers maintain a better quality of life. For example, they may offer improved health through crash reduction and allow more home time through more regional operations for drivers who so desire.” As mentioned above, this study is focused on L2 and L3 ADS-equipped CMVs. Both systems under investigation in this study would require a driver to be in the truck at all times and ready to resume control of the vehicle when requested. Thus, the technologies investigated in this study would not result in driver job loss. Notices Concerns for ADS in Specific Operational Domains Seven comments provided by the public focused on concerns related to ADS-equipped CMVs operating outside of their intended operational design domain. Each ADS is designed to operate within specific conditions. These conditions provide parameters for the safe operation of ADS on the road. Before widespread deployment of ADS, more development, testing, and verification of ADS-equipped CMVs is needed to understand safe parameters and before they can operate in all conditions or anticipate and respond to all possible infrequent events. As mentioned above, the safety technologies being investigated require a driver inside the vehicle at all times who could assume control of the CMV if conditions dictate. Drivers operating an L2 or L3-equipped CMV must be ready to assume control in these situations. These situations demonstrate why it is important to research driver inattention and vigilance of the driver when operating L2 and L3 vehicles. This research will provide information to ensure drivers are capable and safe to assume control of the CMV when needed through the development and evaluation of a training program to educate drivers on ADS capabilities and highlight the importance of maintaining attention while operating L2 and L3 vehicles. Concerns With Specific ADAS/ADS Six comments expressed concerns related to a specific advanced driver assistance feature or a particular ADS. These comments illustrate how additional research and development are needed for many of the features that will support ADS in CMVs. Although the technology to support ADS (i.e., automatic emergency braking) has improved, there are still areas in need of improvement prior to the deployment of ADS-equipped CMVs. One of the objectives of this study is to better understand the effect of driver inattention while operating a CMV equipped with these support technologies. Ensuring drivers of L2 vehicles maintain attention to the road is important so that the drivers can anticipate hazards and potential scenarios where the L2 features may not operate as intended. Similarly, research to study inattention while operating an L3 vehicle is needed to determine what training and education will help drivers prepare to resume control when requested. This research, conducted in a simulator, will help the industry better understand how drivers of L2 and L3 vehicles can be prepared to take over control when necessary to ensure the safe operation of the CMV and the safety of the general public. Concerns Related to Sensor Failure Twelve comments primarily discussed concerns related to the failure of ADS sensors. Drivers’ concerns related to the importance of properly maintained and functioning sensors are valid. Sensors do fail and/or become dirty if covered in debris, making them inoperable. It is critical for ADS to have redundant sensors or a backup alternative sensor system in case of failure. Research on the functionality of the technologies and sensors is ongoing. However, human factors-focused research is also necessary to ensure the safety of L2 and L3 vehicles. The technologies researched in this study require a driver to be in the vehicle and ready to take over control when needed or alerted. This study will examine how driver inattention affects a driver’s ability to successfully respond to or anticipate hazards or scenarios that may require human control of the vehicle. This research is critical to help in-vehicle drivers be prepared when a sensor does fail or if the technology does not anticipate a hazard appropriately. Concerns Related to the Security of ADS Two comments focused on securing ADS against threats. The security of ADS-equipped CMVs is of incredible importance. “Research and efforts related to the security of the vehicles is needed,” the FMCSA noted. “However, this is a separate area of research and development and should not detract from the importance of human-factors research. As mentioned above, the purpose of this study is to ensure in-vehicle drivers are capable and ready to respond to unexpected hazards, scenarios, and requests to take over control of the vehicle when needed.” Concerns That Inattention/Distraction Will Increase With ADAS and ADS Five comments discussed concerns related to potential increases in driver distraction, inattention and reduced vigilance with the use of crash mitigation technologies. “There is a need for research focused on driver inattention while operating CMVs equipped with ADAS and ADS,” according to the FMCSA. “More data are needed to understand the prevalence of inattention when using, and drivers’ overreliance on, crash mitigation technologies. This study is designed to gather data on these concerns in a safe environment without putting the CMV driver and the general public at risk. Results from this study will be used to develop training materials and information that may reduce this risk.” Concerns With the Data Collection Efforts One comment focused on this study’s proposed data collection methodology. “Although driver fatigue is an important area of research, this study is focused on driver distraction,” according to the FMCSA. “However, driver fatigue may be observed in the study and will be identified and documented via eye tracking technologies. Power analyses were performed to approximate the number of participants needed to find statistically significant results (if present). The sample included in this study was based on this power analysis with additional participants to account for attrition.” The FMCSA noted that “the sample is a convenience sample, and there are no attempts to say the sample is representative of the U.S. CMV industry. Demographic information (e.g., gender, age, health, etc.) will be collected and may be used to help control for potential confounding or extraneous variables during the statistical analyses. Support for the Study Three comments provided support for the study and provided additional insights based on recent investigations or research.” Additional comments expressed the importance of focusing research on higher levels of ADS (i.e., L4 or L5). “Although FMCSA agrees much more research and data are needed on more advanced ADS, some original equipment manufacturers and developers of L2 and L3 vehicles are deploying vehicles with lower levels of driver assistance or automation,” the FMCSA noted. “For example, L2 CMVs are available for purchase now.” The FMCSA concluded that research is needed to understand how inattention affects performance in vehicles with these levels of ADS and to ensure the safety of the CMV driver and the general public. “FMCSA agrees that distinguishing between features of L2 and L3 vehicles is important,” according to the FMCSA. “This study focuses on both advanced driver assistance features (via L2 vehicles) and the lowest level of ADS (via L3 vehicles). Additional distinctions are provided in the supporting documentation, and FMCSA will ensure that distinctions between functionalities are included in the discussion of the results.”

Oil producers’ cuts could boost fuel prices even higher

LITTLE ROCK, Ark.  — With the average price for a gallon of diesel fuel breaking a 10-week downward trend on April 17, costs could grow even higher after major oil-producing countries led by Saudi Arabia said they’re cutting supplies of crude — again. According to the Energy Information Administration, (EIA), the average price for a gallon of diesel sits at $4.116 per gallon, up from $4.098 per gallon on April 10. Russia is joining in with Saudi Arabia by extending its own cuts for the rest of the year. In theory, less oil flowing to refineries should mean higher gasoline and diesel prices for drivers and could boost the inflation hitting the U.S. and Europe. And that may also help Russia weather Western sanctions over its invasion of Ukraine at the expense of the U.S. The decision by oil producers, many of them in the OPEC oil cartel, to cut production by more than 1 million barrels a day comes after prices for international benchmark crude slumped amid a slowing global economy that needs less fuel for travel and industry. It adds to a cut of 2 million barrels per day announced in October. Between the two cuts, that’s about 3% of the world’s oil supply. Here are key things to know about the cutbacks: WHY ARE OIL PRODUCERS CUTTING BACK? Saudi Arabia, OPEC’s dominant member, said Sunday that the move is “precautionary” to avoid a deeper slide in oil prices. Saudi Energy Minister Abdulaziz bin Salman has consistently taken a cautious approach to future demand and favored being proactive in adjusting supply ahead of a possible downturn in oil needs. That stance seemed to be borne out as oil prices fell from highs of over $120 per barrel last summer to $73 last month. Prices jumped after Sunday’s announcement, with international benchmark Brent crude trading at about $85 on Monday, up 6%. With fears of a U.S. recession exacerbated by bank collapses, a lack of European economic growth and China’s rebound from COVID-19 taking longer than many expected, oil producers are wary of a sudden collapse in prices like during the pandemic and the global financial crisis in 2008-2009. Capital markets analyst Mohammed Ali Yasin said most people had been waiting for the June 4 meeting of the OPEC+ alliance of OPEC members and allied producers, most prominently Russia. The decision underlined the urgency felt by producers. “It was a surprise to all, I think, watchers and the market followers,” he said. “The swiftness of the move, the timing of the move and the size of the move were all significant.” The aim now is to ward off “a continuous slide of the oil price” to levels below $70 per barrel, which would be “very negative” for producer economies, Yasin said. Part of the October cut of 2 millions barrels per day was on paper only as some OPEC+ countries aren’t able to produce their share. The new cut of 1.15 million barrels per day is distributed among countries that are hitting their quotas — so it amounts to roughly the same size cut as in October. Governments announced the decision outside the usual OPEC+ framework. The Saudis are taking the lead with 500,000 barrels per day, with the United Arab Emirates, Kuwait, Iraq, Oman, Algeria and Kazakhstan contributing smaller cuts. WILL THE PRODUCTION CUT MAKE INFLATION WORSE? It certainly could. Analysts say supply and demand are relatively well balanced, which means production cuts could push prices higher in coming months. The refineries that turn crude into gasoline, diesel and jet fuel are getting ready for their summer production surge to meet the annual increase in travel demand. In the U.S., fuel prices are highly dependent on crude, which makes up about half of the price per gallon. Lower oil prices have meant U.S. drivers have seen the average price fall from records of over $5 per gallon in mid-2022 to $3.50 per gallon this week, according to motor club AAA. The cuts, if fully implemented, “would further tighten an already fundamentally tight oil market,” Jorge Leon, senior vice president at Rystad Energy, said in a research note. The cut could boost oil prices by around $10 per barrel and push international Brent to around $110 per barrel by this summer. Those higher prices could fuel global inflation in a cycle that forces central banks to keep hiking interest rates, which crimp economic growth, he said. Given the fears about the overall economy, “the market may interpret the cuts as a vote of no confidence in the recovery of oil demand and could even carry a downside price risk — but that will only be for the very short term,” Leon said. WHAT WILL THIS MEAN FOR RUSSIA? Moscow says it will extend a cut of 500,000 barrels per day through the rest of the year. It needs oil revenue to support its economy and state budget hit by wide-ranging sanctions from the U.S., European Union and other allies of Ukraine. Analysts think, however, that Russia’s cut may simply be putting the best face on reduced demand for its oil. The West shunned Russian barrels even before sanctions were imposed, with Moscow managing to reroute much of its oil to India, China and Turkey. But the Group of Seven major democracies imposed a price cap of $60 per barrel on Russian shipments, enforced by bans on Western companies that dominate shipping or insurance. Russia is selling oil at a discount, with revenue sagging at the start of this year. WHAT DOES THE WHITE HOUSE SAY? President Joe Biden addressed the OPEC+ cut on Monday before returning to the White House from a trip to Minnesota, predicting, “It’s not going to be as bad as you think.” Earlier, White House National Security Council spokesman John Kirby expressed U.S. opposition to the move, saying, “We don’t think that production cuts are advisable at this moment given market uncertainty, and we made that clear.” But he insisted that the oil market is in a different place from last year when prices surged following Russia’s invasion of Ukraine. “We’re focused on prices, we’re not focused on barrels,” he told reporters Monday, adding that the U.S. was given a heads-up before the announcement. The White House response was milder than in October, when cuts came on the eve of U.S. midterm elections in which soaring gas prices were a major issue. Biden vowed at the time that there would be “consequences,” and Democratic lawmakers called for freezing cooperation with the Saudis. Caroline Bain, chief commodities economist at Capital Economics, said the cutback shows “the group’s support for Russia and flies in the face of the Biden administration’s efforts to lower oil prices.” The Trucker Staff contributed to this report.

New federal grant program designed to make infrastructure ‘more resilient’ to climate change

WASHINGTON — The U.S. Department of Transportation’s Federal Highway Administration (FHWA) has opened applications for the first round of the Bipartisan Infrastructure Law’s Promoting Resilient Operations for Transformative, Efficient and Cost-Saving Transportation (PROTECT) Discretionary Grant Program. As part of the Investing in America program, the grants “will invest in projects to make the country’s surface transportation system — including highways, public transportation, pedestrian facilities, port and intercity passenger rail — more resilient to the worsening impacts of climate change, while reducing long-term costs by minimizing demands for more expensive future maintenance and rebuilding,” according to a news release. “The program prioritizes innovative and collaborative approaches to risk reduction – including approaches that harness the power of nature to protect against flood, erosion, wave damage, and heat impacts.” U.S. Transportation Secretary Pete Buttigieg said climate change “threatens not just our lives and livelihoods, but the infrastructure we rely on every day. With these grants, we will help ensure that our roads, bridges, and highways are resilient enough to withstand extreme weather, and will create good-paying jobs along the way.” Projects funded by States using funding through the $7.3 billion PROTECT Formula Program include: Design phase work in Kentucky to raise a two-mile stretch of Kentucky-459 above the floodplain, including raising the Bull Run Creek Bridge. Planning in Alaska to evaluate areas to enhance the resiliency of roads, bridges, and associated infrastructure after they were damaged by Typhoon Merbok and subsequent Bering and Chukchi Sea storm events in the fall of 2022. Improvements in New Hampshire to NH Route 16 that will move the road 200 feet and address frequent wash outs and unstable slopes due flooding from the Androscoggin River. Resilience improvements to the I-20 Wateree River Bridge in South Carolina to replace the bridge’s shallow foundations with deep foundations. Raising the elevation of Louisiana Highway 1 (LA 1) to make it more resilient to flooding during extreme weather events across the Gulf of Mexico. “Every community in America knows the impacts of climate change and extreme weather, whether that means record rainfall in California, flooding up and down the Mississippi River; hurricanes venturing as far south as Puerto Rico and as far north as Delaware; or wildfires not limited to a defined season and becoming instead a constant threat to more and more Americans,” said FHWA Administrator Shailen Bhatt. “This investment from the Biden Harris Administration to ensure our infrastructure is built to withstand more frequent and unpredictable extreme weather is critical for communities counting on a road or bridge to be open for first responders, and it is critical for a business that must get its essential goods to shelves.”

Frito-Lay to deploy more than 700 electric delivery vehicles by year’s end

PLANO, Texas — Frito-Lay plans to begin using more than 700 electric vehicles for U.S. deliveries by the end of 2023. The company said in a news release that the vehicle deployments are expected to lower emissions by 7,052 metric tons of greenhouse gas emissions annually, equivalent to 1,533 passenger cars removed from the road. The company didn’t say what type of vehicles would be utilized. “Our mission is to create more smiles and a brighter future with every bite,” said Steven Williams, PepsiCo Foods North America CEO. Frito-Lay is a subsidiary of PepsiCo. “As a collective of America’s most beloved brands, we have the unique opportunity to create a real impact by boldly innovating the way food is grown, made and shared.” Frito-Lay officials said that “as sustainability becomes a core topic among consumers, Frito-Lay is using its iconic brands and its place at the table to create positive change, ensuring consumers don’t have to choose between taste and impact.” David Allen, vice president and chief sustainability officer at PepsiCo Foods North America, said that the company hopes to contribute positively to the world, and the opportunity to utilize electric vehicles does just that. “We see it as a great opportunity to ensure our business contributes positively to the world,” he said. “From how our potatoes and corn are grown to how we make, transport, and sell our products, Frito-Lay will continue to leverage our scale to create real positive impact for people and our planet.”

Lower rates beginning to impact freight capacity as ‘pendulum of pricing power’ sits with shippers

COLUMBUS, Ind. — Soft freight demand will likely linger for a while, but emerging capacity removal will be key to rebalancing, according to ACT Research. ACT points to slower declines and wider spreads between specialized and dry van rates this year and notes that a lot of rebalancing must take place to turn the proverbial ship, according to the latest release of the Freight Forecast, U.S. Rate and Volume OUTLOOK report. “Spot rates are now about 17% below truckload fleet operating costs in Q2, worse than the 15% operating loss in Q1, by our estimates,” said Tim Denoyer, ACT Research’s vice president and senior analyst. “Failures started to pick up when the loss reached 10% in Q4’22,” he continued. “This was a record at the time, and we see Newton’s third law of motion at work as the rebalancing requires a string of record losses following record pandemic profits. Q2 is the fourth straight quarter of significant losses, and both the time and magnitude of the losses should send a strong enough signal to tighten capacity.” Denoyer said that the pendulum of pricing power has been firmly with shippers for some time and that lower rates are starting to impact capacity. “Though new equipment production remains elevated, hiring and fleet exit trends tell us capacity is slowing at the margin,” Denoyer said. “With marginal fleets scrambling for miles with busted budgets, spot rates have gone far below costs, but this can only go on so long.” Denoyer added that “the symbiotic relationship between truckload and less-than-truckload is informative for understanding the freight cycle: in tight markets, freight flows from truckload to less-than-truckload and in loose markets from less-than-truckload to truckload. The trend changes so far this year suggests the industry has passed peak looseness, and a rebalancing has begun. The bottom of the spot rate cycle can’t be far now.”

Average diesel fuel price rises, breaking 10-week streak of declines

LITTLE ROCK, Ark. — The price for an average gallon of diesel fuel in the U.S. rose slightly on April 17, ending multiple weeks of declines. According to the Energy Information Administration, (EIA), the average price sits at $4.116 per gallon, up from $4.098 per gallon on April 10. This news comes as OPEC announced plans to cut production by more than a million barrels a day. Analysts say the oil market has had a few days to digest the OPEC announcement and prices have stabilized for now, but since the cost of oil accounts for more than half of what consumers pay for gasoline “drivers may not catch a break at the pump any time soon.”

Feds seeking public comment on ways to streamline infrastructure projects

WASHINGTON — In an effort to help deliver surface transportation projects faster, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) has announced a Request for Information (RFI) seeking public input on environmental review processes that can be improved under the Inflation Reduction Act (IRA). The comment period opened on Monday, April 17. FHWA will consider ideas and recommendations from public and private stakeholders on how to reduce project delays through the development of more efficient and effective environmental reviews, according to a news release. “Under President Biden’s leadership, we now have historic funding to bring better roads, bridges, railways, highways and transit to the American people,” said U.S. Secretary of Transportation Pete Buttigieg. “To make the most of that funding, we are stepping up efforts to help communities deliver their transportation projects on time, on task, and on budget.” The IRA provides guidance and resources to several federal agencies to facilitate efficient and effective reviews under the National Environmental Policy Act and other federal processes. This could include identifying new strategies that would mitigate environmental impacts and thereby reduce timeframes for environmental reviews. “The Inflation Reduction Act is providing the nation with historic investments and new opportunities to build an economy that works for working families,” said Federal Highway Administrator Shailen Bhatt. “Our goal with this request for information is to identify new strategies and evidence-based solutions that can both increase the efficiency of environmental reviews and reduce delays when it comes to delivering projects.” The IRA includes Environmental Review Implementation Program funds to be administered by FHWA to support environmental reviews of surface transportation projects. The funds may also be used by FHWA to develop guidance, technical assistance, templates, training or other tools “to facilitate an efficient and effective environmental review process for surface transportation projects,” the news release stated. “In order to use the Environmental Review Implementation Funds optimally, FHWA is seeking information through the RFI on what the agency should consider while implementing the funds.” FHWA is also seeking information on: The types of assistance that would be most beneficial to recipients of direct funding and facilitate an efficient and effective environmental review process for surface transportation projects. What program areas would most benefit from new or continued research. Ways in which FHWA can make resources available to the eligible entities while promoting equity and maximizing the opportunity to improve the efficiency and effectiveness of the environmental review process. Comments in response to FHWA’s RFI, “Inflation Reduction Act, Request for Information,” can be submitted at regulations.gov. The RFI is expected be published in the Federal Register on April 17, 2023. For more information on the IRA, please visit www.CleanEnergy.gov.

Navistar issues recall due to insufficient wiring, possible fire risk

WASHINGTON — Navistar has issued a significant recall involving 44,887 units due to wiring issues. According to a filing with the National Highway Traffic and Safety Administration (NHTSA), the recall affects certain certain 2016-20 International DuraStar, WorkStar and 2017-18 International TranStar models, as well as 2018 International ProStar, 2020 International HV, MV and 2018 IC Bus HC Commercial buses. The heating, ventilation and air conditioning (HVAC) blower motor circuit may have an insufficient wiring terminal that can overheat and cause a fire, according to the NHTSA report. Dealers will replace the HVAC blower motor load circuit wiring terminal free of charge. Owner notification letters are expected to be mailed June 5, 2023. Owners may contact Navistar’s customer service at (800) 448-7825. Navistar’s number for this recall is 23510.

EPA’s newest proposal to cut big rig emissions drawing ire from trucking industry

WASHINGTON — The U.S. Environmental Protection Agency (EPA) is proposing a new and stronger set of greenhouse gas standards for heavy-duty vehicles for model years 2027 through 2032, building from the “Phase 2” greenhouse gas standards established in 2016. The agency made the announcement on Wednesday, April 12. This comes on the heels of a December 2022 announcement that the EPA finalized its new national clean air standards to cut smog-and soot-forming emissions from heavy-duty trucks beginning with model year 2027.  That action was the first under EPA’s three-stage Clean Trucks Plan The newest “Phase 3” greenhouse gas standards “would significantly reduce carbon emissions from heavy-duty vehicles and, through the increased use of zero-emission vehicle technology projected in the proposal, would also reduce emissions of smog and soot-forming pollutants and help to address the challenges of global climate change and air pollution in communities near major roadways,” according to an EPA news release. EPA last revised the greenhouse gas standards for on-highway heavy-duty trucks and engines in 2016 under the “Phase 2” greenhouse gas program. Those standards are on track to achieve greenhouse gas reductions from medium-and heavy-duty vehicles in model year 2021 through 2027, according to the EPA. Reaction to the proposal has come swiftly from trucking industry leaders. Todd Spencer, president of the Owner-Operator Independent Drivers Association, called it a “regulatory blitz on small-business truckers.” “The latest proposal comes on the heels of a hurried NOx emissions rulemaking finalized in December, along with a California waiver mandating sales of electric trucks,” Spencer continued. “Today’s announcement is a blatant attempt to force consumers into purchasing electric vehicles while a national charging infrastructure network remains absent for heavy-duty commercial trucks.” Spencer said that professional drivers are skeptical of electric vehicle (EV) costs, mileage range, battery weight and safety, along with charging time and availability. “It’s baffling that the EPA is pushing forward with more impractical emissions timelines without first addressing these overwhelming concerns with electric (commercial motor vehicles) CMVs,” he said. “The pursuit of this radical environmental agenda in conjunction with an anticipated speed limiter mandate will regulate the safest and most experienced truckers off the road.” Chris Spear, president and CEO of the American Trucking Associations (ATA), said that the trucking industry shares “the goal of reducing greenhouse gas emissions and improving fuel efficiency and believes any regulation must be practical, achievable and based on sound science. Our members have a long history of adopting the cleanest emissions technology on the road today and are making the necessary investments to support a decarbonized future.” Spear said that while the standards are directed at manufacturers, it is fleets — the customers and end-users of this equipment — who will ultimately determine their level of success. “The Phase 3 standards must take into account the complex challenges and operating conditions facing motor carriers as we manage the transition to a zero-emission future while simultaneously moving more than 72% of the economy’s freight,” he said. “As we review the proposed rule, ATA will remain engaged in the regulatory process to ensure the agency arrives at a regulation that has realistic equipment adoption timelines, is technologically feasible, and will not cause additional inflationary pressures if finalized.” Spear also addressed the agency’s decision to reopen its Phase 2 regulation that was finalized in 2016: “We are extremely disappointed that EPA has chosen to reopen the Phase 2 regulation, which had been set for years. To make the plans and investments necessary for a successful transition, our industry needs regulatory certainty — not whimsical changes of mind from year to year,” he said. “Our industry has always found ways to partner with EPA on regulations that are tough but achievable. If EPA wants us to remain a willing participant, their going back and changing what was already agreed upon is not how to do it.” What vehicle types are covered by the proposal? The proposed Phase 3 rulemaking applies to heavy-duty vocational vehicles, such as delivery trucks, refuse haulers, public utility trucks, transit, shuttle and school buses, along with tractors, such as day cabs and sleeper cabs. Overview of proposed standards EPA’s proposal includes new and stronger greenhouse gas standards that phase in over model years 2027 through 2032. The proposed program revises the model year 2027 standards to be more stringent than the existing Phase 2 greenhouse gas standards for vocational vehicles and day cab tractors. It also introduces new standards for vocational vehicles and day cab tractors that become more stringent every model year from 2028 through 2032. For sleeper cab tractors, the proposed Phase 3 program introduces new standards in model year 2030 that increase in stringency in model years 2031 and 2032. “The proposed Phase 3 program maintains the flexible structure created in the Phase 2 greenhouse gas program, which is effectively designed to reflect the diverse nature of the heavy-duty industry,” according to the EPA news release. Under that structure, the proposed standards do not mandate the use of a specific technology and EPA expects internal combustion engine and zero-emission vehicle (ZEV) technologies will both play important roles in reducing greenhouse gas emissions. Like the Phase 2 greenhouse gas program, these standards include emission standards that are differentiated by vehicle type and use, as well as an averaging, banking and trading program that allows manufacturers to trade credits, bank credits for future years and average credits in meeting the standards. Projected mix of technologies The proposed standards are performance-based, allowing each manufacturer to choose what set of emissions control technologies is best suited for their vehicle fleet to meet the standards. EPA projects that one potential pathway for the industry to meet the proposed standards would be through: 50% ZEVs for vocational vehicles in model year 2032, which includes the use of battery electric and fuel cell technologies. 34% ZEVs for day cab tractors in model year 2032, which includes the use of battery electric and fuel cell technologies. 25% ZEVs for sleeper cab tractors in model year 2032, which primarily includes the use of fuel cell technologies. These projections are even higher for many vehicle types. Building on momentum The proposed standards align with and support the commitments and billions of dollars’ worth of investments from trucking fleets, vehicle manufacturers, and U.S. states as they plan to increase the use of zero-emissions technologies in heavy-duty fleets. As these technologies have been advancing, battery costs have continued to decline. Early ZEV models are in use today for some heavy-duty applications and are expected to expand to many more. “These ongoing technological innovations allow for appropriate and feasible reductions in greenhouse gas emission standards considering cost, lead time, and other factors,” the news release stated. “The Bipartisan Infrastructure Law and the Inflation Reduction Act provide unprecedented investments to support the development of and market for ZEV technologies and their infrastructure.” In addition, multiple states have acted to accelerate the adoption of heavy-duty ZEVs, including California’s action to set ZEV sales requirements under its Advanced Clean 2 Regulatory Announcement Trucks program (requirements that multiple other states have moved to adopt), as well as the signing of the Multi-State Memorandum of Understanding by 17 states and the District of Columbia to establish specific goals for increasing heavy-duty ZEVs. Climate and air quality urgency “Greenhouse gas emissions have significant impacts on public health and welfare,” EPA officials said, noting that “transportation is the single largest U.S. source of greenhouse gas emissions, making up 27% of total greenhouse gas emissions.” Within the transportation sector, heavy-duty vehicles are the second largest contributor, at 25% of all transportation sources. “The proposed standards for heavy-duty vehicles would avoid approximately 1.8 billion metric tons of greenhouse gas emissions from 2027 through 2055, making an important contribution to efforts to limit climate change and its impacts such as heat waves, drought, sea level rise, extreme climate and weather events, coastal flooding and wildfires,” according to the EPA. “These greenhouse gas reductions would benefit all U.S. residents, including populations such as people of color, low-income populations, indigenous peoples, and/or children that may be especially vulnerable to various forms of damages associated with climate change.” The proposed Phase 3 program is expected to increase use of zero-emission heavy-duty vehicles, which would reduce emissions of smog and soot forming pollutants by: 650 tons of particulate matter. 72,000 tons of nitrogen oxides. 21,000 tons of volatile organic compounds, compared to 2055 levels without the proposal. The proposed standards would reduce air pollution near roads as well, the EPA noted. “Near-roadway communities are often low income or communities of color, and children who attend school near major roads are disproportionately represented by children of color and children from low-income households,” the news release stated. “These populations would benefit most directly from the projected emission reductions. Reducing these emissions would also provide cleaner air for communities across the country, prevent health issues like asthma, and ultimately save money, lives and trips to the hospital.” Benefits EPA estimates that the total benefits of this proposal far exceed the total costs, by as much as $320 billion. “Society would realize approximately $87 billion in climate benefits and up to $29 billion in benefits from fewer premature death and serious health effects such as hospital admissions due to respiratory and cardiovascular illnesses, along with approximately $12 billion in reduced reliance on oil imports,” according to the EPA. Costs and consumer savings The EPA claims that heavy-duty vehicle purchasers would see approximately $250 billion in savings associated with less fuel used and less vehicle maintenance and repairs needed through 2055. EPA estimates the cost of compliance with the program for manufacturers would be only about $6 billion, after accounting for an estimated $3 billion in cost reductions from battery tax credits provided by the Inflation Reduction Act. After accounting for the vehicle purchase tax credits provided under the Inflation Reduction Act, the EPA estimates the typical buyer of a new heavy-duty zero-emission vehicle would: Pay an average of between $900 and $11,000 more in upfront costs for a model year 2032 vocational vehicle ZEV than for a conventional, including the cost of electric vehicle charging infrastructure, but recoup these costs in 3 years or less through yearly operational savings. Pay an average of $17,000 more in upfront costs for a model year 2032 day cab tractor ZEV than for a conventional, including the cost of electric vehicle charging infrastructure, but recoup these costs in three years or less though yearly operational savings. Pay an average of $15,000 more in upfront costs for a model year 2032 sleeper cab tractor ZEV than for a conventional but recoup these costs in seven years or less though yearly operational savings.