TheTrucker.com

I-74 bridge to open next month, year late and $74M over bid

BETTENDORF, Iowa — The new Interstate 74 bridge at Bettendorf is set to open next month, a year late and nearly $75 million over the original bid. A public ceremony is set for Dec. 1 to give residents walk-on access to the new bridge that spans the Mississippi River, connecting Iowa to Moline, Illinois, the Quad-City Times reported. The bridge will open to traffic in the days after the ceremony, officials said. The Iowa-bound portion of the double-span bridge was to have opened by the end of 2020, while the Illinois-bound span was set to open at the end of this year. The Iowa Department of Transportation has also authorized up to $74.5 million in additional construction costs, pushing the price tag to $396 million from the winning bid of $322 million. Wisconsin-based Lunda Construction was awarded the construction contract based on the $322 million bid, but the price rose in an effort to meet goals in finishing construction, said corridor manager George Ryan. Much of the delay occurred in 2019, when Lunda and the DOT disagreed over whether the bridge’s arch design could be constructed for the price bid. Little-to-no arch work was performed during that time. Groundbreaking on bridge construction was made in June 2017.

Texas DPS seizes $1.5M, guns from big rig

CORPUS CHRISTIE, Texas – The Texas Department of Public Safety (DPS) seized more than $1.5 million in cash from a semi during a traffic stop on Nov. 17 along U.S. Highway 281 in Brooks County as part of Operation Lone Star. The bust happened just after 7 a.m. when a trooper stopped a south-bound 18-wheeler for a traffic violation, according to the DPS. During the stop, the trooper discovered 56 bundles of U.S. currency totaling $1,530,067 and two handguns — all of which were concealed in a false compartment within the semi-trailer. The driver, 43-year-old Miguel Martinez-Navarro, of Dallas, Texas, was arrested for money laundering and booked into the Brooks County Jail. Operation Lone Star was put into place to combat human smuggling.

Placing blame: Trucking industry takes it on chin during supply chain crisis

Although many in big media — CNN, MSNBC, FOX News and others — have been pushing the narrative that a trucker shortage is to blame for the supply-chain problem, at least one major national news source is now reporting what trucking industry publications, such as The Trucker, have been writing about all along: Truckers, or a lack of them, are not the primary cause of the clogged supply chain. People are just buying more. And more. And more. The Associated Press is reporting that the supply chain, as it is currently configured, simply cannot keep up with the soaring demand. As previously reported in The Trucker, the Owner-Operator Independent Drivers Association (OOIDA) has continued to shout that a trucker shortage is mostly untrue. Yes, many major carriers are experiencing high turnover rates and are seeking more drivers, OOIDA President Todd Spencer wrote emphatically in an e-mailed statement on the issue, “but let’s be clear, the current supply chain crisis is not due to a shortage of truck drivers!” “Because the real bottlenecks in the supply chain occur at pickup and delivery points, adding more trucks and drivers will simply makes the lines longer, NOT faster.” On the counter argument, Chris Spear, president and CEO of the American Trucking Associations, has said that the trucking industry is short 80,000 drivers. That debate aside, truck shipments were up 1.7% in September, according to the latest statistics available. And as with ports, rail lines are moving more goods. Through early November, freight shipped by America’s railroads was up 7.5% from a year ago. And the number of for-hire trucking applications received by the federal government is up, too. Avery Vise, vice president of trucking for Freight Transportation Research Associates, Inc., said that during the period of 2017 through 2019, the Federal Motor Carrier Association (FMCSA) on average authorized around 3,400 new for-hire trucking operations per month. This was stronger than the long-run average, he said. For example, from 2010 through 2019, the average was fewer than 2,800 per month. Since July 2020, the number of newly authorized for-hire trucking firms has exceeded 5,000 every single month, according to Vise. Since April, that number has not gone below 9,500, and the average in May through October has been nearly 10,100 new for-hire carriers a month. The number in October was just barely below the record level in August, Vise said. “This is happening principally because of spot rates that are extraordinarily high and that are staying high for months on end,” Vise said. “That makes it very attractive for leased owner-operators (and quite a few company drivers, no doubt) to get their own authority. Again, perspective: Mid-2018 saw the highest spot rates ever to that point. Total rates in the spot market have been running above those rates since April and are still more than 50 cents a mile above that prior record. Now, one reason for that is that diesel prices are so high, but even if we exclude fuel surcharges, rates are still about 40 cents a mile higher.” Further contributing to this surge are the enormous levels of financial support extended to consumers through three rounds of stimulus in 2020 and early 2021, Vise added. “Plus, digital freight platforms have developed, and some carriers are moving away from the leased owner-operator concept altogether because of situations like California’s AB 5 law,” he said. A number of factors have come together to create an unprecedented situation.” Through October, FMCSA has already authorized more than 92,000 new for-hire trucking firms in 2021. On the strength of the second half of the year, that figure in 2020 was about 59,000. Before that, the most new carriers authorized in a single year had been just under 44,000 in 2018, according to Vise. Over the past 16 months, more than 113,000 for-hire trucking operations have received federal motor carrier operating authority. Of those, more than 100,000 still held authority as of Nov. 1 and represent about 195,000 drivers, according FTP’s analysis of data filed with the FMCSA. “We estimate that since March 2020, this surge in new entry has resulted in a shift of about three points in market share of trucks and drivers from carriers with more than 100 trucks to those with 100 or fewer trucks,” Vise said. “That would be a notable shift over several years, but in just 18 months it is extraordinary.” U.S. households are flush with cash from stimulus checks, booming stock markets and enlarged home equity have felt like spending freely again — a lot. And since consumer demand drives much of the U.S. and global economies, high demand has brought goods shortages to the U.S. and much of the world. Add the fact that companies are ordering — and hoarding — more goods and parts than they need so they don’t run out, and you end up with an almost unquenchable demand that is magnifying the supply shortages. The Associated Press report notes “that’s where a big problem comes in: Suppliers were caught so flat-footed by how fast pent-up spending surged out of the recession that they won’t likely be able to catch up as long as demand remains so robust.” That’s especially so because Americans, still hunkered down at home more than they did before the pandemic, continue to spend more on goods — electronics, furniture, appliances, sporting goods — than on services like hotels, meals out and movie tickets. All that demand for goods, in turn, is helping to accelerate U.S. inflation. Unless spending snaps sharply back to services — or something else leads people to stop buying so much — it could take deep into 2022 or even 2023 before global supply chains regain some semblance of normalcy. “Demand is completely skewed,” Bindiya Vakil, CEO of Resilinc, a consulting firm that helps companies manage supply chains,” told the AP. “This has now become more and more painful by the day.” One reason people may eventually stop spending so much is that everything simply costs more now. Consumer prices in the U.S. skyrocketed 6.2% over the past year as food, gasoline, autos and housing catapulted inflation to its highest pace since 1990. The laws of gravity suggest that the cumulative effect of so much inflation will eventually exert a brake on spending. Since April 2020, consumer spending on goods has jumped 32%. It’s now 15% above where it was in February 2020, just before the pandemic paralyzed the economy. Goods account for roughly 40% of consumer spending now, up from 36% before the pandemic. Production at U.S. factories rose nearly 5% over the past year, according to the Federal Reserve, despite periodic ups and downs, including disruptions to auto production caused by chip shortages. Imports have narrowed the gap between what America’s consumers want and what its factories can produce. From January through September this year, the U.S. imported 23% more than in the same period in 2020. In September, thanks to surging imports, the U.S. posted a record deficit in goods trade: Imports topped exports by $98.2 billion. Voracious demand for goods has accelerated as more people have become vaccinated in wealthier countries. Yet in poorer countries, especially in Southeast Asia, the spread of the delta variant forced new factory shutdowns in recent months and crimped supply chains again. Only recently did it start to recover. At the same time, many U.S. workers have decided to quit jobs that had required frequent public contact. This created shortages of workers to unload ships, transport goods or staff retail shops. Last month, 65 ships waited off the California coast to be unloaded at the Ports of Los Angeles and Long Beach — two weeks’ worth of work. The average wait: 12 days. That has since worsened to 78 ships, with an average wait of nearly 17 days, despite around-the-clock port operations beginning in October. Before the pandemic, ships had set arrival times and went straight to a berth for unloading, said Gene Seroka, the L.A. port’s executive director. Now, with Asian factory output at record highs, the port is moving record levels of goods. Yet it’s not enough to meet the demand. Seroka doesn’t foresee the shipments easing even next year. Retailers have told him they plan to use the slower months of January and February — if they actually are slower — to replenish inventory. In China, too, manufacturers are struggling with shipping delays, container shortages and cost increases. Shantou Limei International Ltd., which makes children’s toys in the city of Shantou, expects sales to fall 30% this year because of delays and costlier shipping. “The most serious problem for us is being unable to deliver goods on time because of the difficulties in securing freight containers,” said Frank Xie, the company’s general manager. “A lot of things have gone beyond our controls and expectation.” The Associated Press contributed to this report.

New study grades states on infrastructure quality

LOS ANGELES — North Dakota, Virginia, Missouri, Kentucky and North Carolina have the most cost-effective highway systems, according to the Annual Highway Report published Thursday by the Reason Foundation, a nonprofit think tank. New Jersey, Rhode Island, Alaska, Hawaii and New York have the worst combination of highway performance and cost-effectiveness, the study finds. The Annual Highway Report measures the condition and cost-effectiveness of state-controlled highways in 13 categories, including urban and rural pavement condition, deficient bridges, traffic fatalities, spending per mile, and administrative costs per mile of highway. A number of states with large populations and busy highways performed well in the overall rankings, including Virginia (2nd overall), Missouri (third), North Carolina (fifth), Georgia (14th), and Texas (16th). Nationally, the study finds America’s highway system is incrementally improving in almost every category. However, a 10-year average indicates the nation’s highway system problems are concentrated in the bottom 10 states and, despite spending more and more money, these worst-performing states are finding it difficult to improve. For example, 43% of the urban arterial primary mileage in poor condition is in six states — California, Massachusetts, New York, New Jersey, Nebraska, and Rhode Island. Approximately 25% of the rural Interstate mileage in poor condition is in just three states (Alaska, Colorado, and Washington). While a majority of states reduced their percentages of structurally deficient bridges, five states — Rhode Island, West Virginia, Iowa, South Dakota, and Pennsylvania — still report more than 15% of their bridges as deficient. For total spending, three states — Massachusetts, New York, and New Jersey — spent more than $250,000 per lane-mile of highway. In contrast, five states — Missouri, South Carolina, West Virginia, North Dakota, and South Dakota — spent less than $30,000 per mile of highway. “States need to ensure their highway spending produces safer roads, smoother pavement, fewer deficient bridges, and less traffic congestion,” said Baruch Feigenbaum, lead author of the Annual Highway Report. “The states with the best overall rankings maintain better-than-average highways with relatively efficient spending per mile.”

‘Scoopy Doo,’ ‘Orange Crush’ to help clear Illinois snow

SPRINGFIELD, Ill. – Two plows making their debut in the Illinois Department of Transportation’s (IDOT) fleet this winter are cheekily nicknamed “Orange Crush” and “Scoopy Do” – the winning entries from the inaugural “Name the Snowplow” contest held at the Illinois State Fair. The names were among 700 entries submitted by visitors to the IDOT tent, with the finalists chosen through a statewide employee contest. The plows will be used primarily in IDOT’s District 6, which encompasses Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott counties. The Illinois Tollway mobilizes a fleet of 196 snowplows during winter storms and this year has stockpiled 88,000 tons of salt to keep its 294-mile system of five roadways clear and safe for its 1.6 million daily drivers. Information on tollway road conditions is available at www.illinoistollway.com. “Our highest priority is safety and to protect our customers this winter we will rapidly deploy full crews during severe weather to keep our roads clear and our drivers safe,” said Illinois Tollway Executive Director José Alvarez. “But we can’t do it alone. We are asking our customers to help us by slowing down and increasing the distance from other vehicles, particularly plows and other emergency vehicles so they have the room they need to safely do their work. Drivers whose cars become disabled should stay with their vehicles and dial *999 for assistance, rather than trying to go for help themselves.” Throughout the coming months of cold weather and adverse conditions, motorists should practice basic winter driving skills and build extra time into their schedules. As part of the “Winter Weather – Get it Together” campaign, travelers are encouraged to follow these guidelines: Bookmark GettingAroundIllinois.com to check travel conditions 24/7. This year’s winter road conditions map will feature more local, more precise reporting information. Wear a seat belt. It’s the law in Illinois. And it’s your best defense in a crash. Drop it and drive. Put down the mobile devices – it, too, is the law. Do not travel during bad weather unless absolutely necessary. If you do have to drive, check the forecast and make sure someone is aware of your route. Familiarize yourself with public transportation options. Slow down. Slower speeds, slower acceleration, slower steering and slower braking are required throughout the winter. Don’t crowd the plow. A snowplow operator’s field of vision is restricted. You may see them, but they may not see you. Any plow that’s hit is one less resource available to clear the roads. Watch out for black ice. A road may appear clear but can be treacherous. Be especially careful when approaching intersections, ramps, bridges and shaded areas. All are prone to icing. Prepare an emergency kit that contains jumper cables, flares or reflectors, windshield washer fluid, a small ice scraper, traction material, blankets, non-perishable food and a first-aid kit. Carry a cell phone and a car charger in case of emergency. Give them distance. Obey the Move Over Law by slowing down and changing lanes when approaching ANY stopped vehicle with flashing lights. “Winter weather causes additional dangers to the men and women of the Illinois State Police (ISP) on patrol to protect and serve all motorists,” said ISP Director Brendan F. Kelly. “In snowy and icy conditions, please refrain from driving unless it is essential. If you must get on the road, remember to adjust your driving to the weather and road conditions. Winter road conditions are unpredictable and a crash could happen at any moment. The fewer drivers on the road, the fewer crashes and the safer everyone will be. “If you approach an emergency vehicle with its lights activated or a disabled vehicle with flashing lights, please slow down and move over. Our goal is to ensure everyone makes it home safely.” For the upcoming winter, IDOT will have almost 1,800 trucks available for deployment to plow nearly 16,000 miles of roads statewide, the equivalent of driving from New York to Los Angeles and back almost three times. Last year, IDOT spread more than 522,000 tons of salt statewide. This winter, salt domes throughout the state are close to capacity, with more than 445,000 tons on hand, almost twice the weight of the Willis Tower.  

Trucker seriously hurt in canal crash

BOYNTON BEACH, Fla. — A truck driver is in serious condition at a Florida trauma center Wednesday morning after his Kenworth tractor-trailer caught fire and wrecked on its side in a canal along the Florida Turnpike. According to the Palm Beach County Fire Rescue, the crash happened at around 9:45 a.m. on the northbound side of Boynton Beach Boulevard. Further details about the accident or the driver were not provided.  

Officials approve part of new Interstate 11 corridor

PHOENIX  — State and federal transportation officials have formally selected a corridor in southern and central Arizona for construction of Interstate 11, a proposed new freeway that would link the U.S.-Mexico border and Las Vegas. The chosen 2,000-foot-wide corridor stretches 280 miles northward from the U.S. Mexico border to Wickenburg while skirting metro Phoenix’s west side. Depending on which of two alternatives is chosen, I-11 would track the existing Interstate 10 through Tucson or be routed across desert west of the city. If planning and actual construction of proceeds, I-11 would be built along a 400-foot route within the corridor. Portions of it would use existing freeways, such as I-19 between Tucson and Nogales. A short portion of I-11 has been built near Las Vegas. As envisioned by planners and supporters, I-11 could eventually extend northward to Canada. No funding has been designated for further design work or construction, but supporters are eying the newly signed federal infrastructure bill, the Casa Grande Dispatch reported. That legislation “provides an opportunity for our state to receive significant federal funding, previously unavailable, to support the next stage in the development of Interstate 11,” Scott Higginson, executive director of the Interstate 11 Coalition, said in a statement.

Louisiana announces major overhaul of busy I-20 stretch

SHREVEPORT, La. – The Louisiana Department of Transportation and Development (DOTD) has announced major repairs to a heavily-traveled section of Interstate 20 in Bossier City, as well as additional repairs along the I-20 corridor in Shreveport. The project went to bid on Nov. 10 with an apparent low bid of $82,564,848.20, according to a news release. “The long-awaited project includes a full reconstruction of all lanes of I-20 from just west of LA 3 (Benton Road) near Hamilton Road to LA 782-2 (Industrial Drive),” the news release stated. “The pavement will be removed down to the roadway sub-base and replaced along this 3.5 mile section of interstate, which services between 62,000 – 86,000 vehicles per day.” The reconstruction will be performed in phases; it also includes all on and off-ramps of the five interchanges between Benton Road and Industrial Drive in Bossier City. “An incredible amount of work as part of the project development process has gone into preparing this project for this month’s letting,” said Shawn D. Wilson, DOTD secretary. “We fully understand how highly anticipated these major repairs are and we’re anxious to begin construction.” Additionally, concrete patching repairs will be conducted on I-20 stretching from Pines Road in Shreveport to Interstate 220 in Bossier City outside of the complete reconstruction area. This work will address other sections of the busy interstate corridor that serves both residents and the thousands of motorists passing through the region on a daily basis. “An innovative queue detection system will be implemented for this project, which will provide advanced warning to motorists that they are approaching a line of congestion and may choose to detour,” according to the news release. “This type of system is effective in improving safety during construction projects – particularly on an interstate – and for helping to mitigate traffic congestion approaching the work zone.” The project also includes the replacement of the street lighting system components along the stretch of I-20 that is being reconstructed in Bossier City. Actual construction work will begin in early 2022, following the contractor’s allotted assembly period.

Pedestrian killed by semi in Indiana

LA PORTE COUNTY, Ind. — A pedestrian was struck and killed by a semi Thursday morning on Interstate 94 in Indiana. According to an Indiana State Police (ISP) report, Indiana State Police Lowell Dispatch received a call just after 7 a.m. from a trucking company advising that they believed one of their drivers had struck a pedestrian along I-94 in LaPorte County. The trucking company first called at approximately 6:28 a.m. to report that the driver had struck a deer and was waiting for a report at a rest park in Michigan at the one-mile marker, the ISP said. Responding troopers soon located a pedestrian that was deceased near mile marker 45.5, eastbound, according to the ISP report. “(A) preliminary investigation indicates that a red 2012 Volvo semi was traveling eastbound in the right lane when the pedestrian was struck and killed,” the report stated. “The pedestrian was dressed in dark clothing.” The right lane of I-94 was shut down for approximately an hour and a half for the crash investigation. The driver of the Volvo is cooperating with the investigation, the ISP said. Drugs or alcohol are not believed to be factors in the accident. The investigation is ongoing.

Tesla Semi spotted juicing up in Nevada

SPARKS, Nev. — The quirky Tesla Semi was spotted Monday at the company’s first Megacharging station located at its Gigafactory in Nevada. The truck is already available for pre-orders; however, Tesla founder Elon Musk has said that mass production will not begin for some time due to bottlenecks in the system. Twitter user and self-proclaimed Tesla lover @hwfeinstein posted the photos to his account. Here are some stats on the all-electric rig: Acceleration 0-60 mph with 80,000 pounds — 20 seconds Charging time — 80% at 30 minutes Speed up a 5% Grade — 60 miles per hour Mile Range — 300 or 500 miles Powertrain — 4 Independent Motors on Rear Axles Energy Consumption — Less than 2 kWh per mile Fuel Savings — $200,000 plus Expected Base Price — (300 mile range model) $150,000 Expected Base Price — (500 mile range) $180,000 Base Reservation —$20,000

Millions of dollars in drugs seized from semi

LAREDO, Texas — A tractor-trailer carrying thousands of pounds of illegal drugs was seized on Nov. 12 by U.S. Customs and Border Protection (CBP) in south Texas. According to a CBP news release, packages containing 2,611 pounds of methamphetamine and 113 pounds of cocaine were seized from within the trailer at World Trade Bridge in Laredo, Texas. The news release said that officers referred a 2013 Kenworth  that was manifesting a shipment of fresh cauliflower arriving from Mexico to a canine inspection team and a non-intrusive imaging system inspection. During that process, officers discovered 412 packages of alleged methamphetamine and 50 packages of alleged cocaine within the produce. The narcotics combined had an estimated street value of $53,096,364, according to the CBP. “Attempts to smuggle contraband through commercial supply chains are increasing,” said Port Director Alberto Flores, who is over the Laredo Port of Entry. “CBP’s continued robust enforcement posture and dedication to border security operations has led us to major narcotic interdictions at our cargo facilities.” There report did not provide information about any arrests made.

Tennessee to halt most lane closures for Thanksgiving travel

NASHVILLE, Tenn. — Tennessee officials are halting nearly all construction-related lane closures on interstates and state highways for Thanksgiving holiday travelers. The Tennessee Department of Transportation says the closures will be paused from midday Nov. 24 through Nov. 28. The department says workers may still be on-site in some construction zones, and long-term lane closures will remain on some construction projects. Drivers convicted of speeding in work zones with workers present face up to a $500 fine, plus court fees and possible increases to insurance premiums. The department says AAA is projecting 1.2 million travelers in Tennessee for Thanksgiving this year.

NY now allowing those under 21 to apply for CDL

ALBANY, N.Y. — Individuals between the ages of 18 and 20 will finally be able to obtain their Class A commercial drivers licenses (CDL) in New York. New York Governor Kathy Hochul signed the legislation on Nov. 16, making her state the final one in the union to authorize such a measure. After a “rigorous program,” drivers will be able to travel only within the borders of New York, according to a news release from the Trucking Association of New York (TANY). “The legislation was a priority issue for TANY during the 2021 legislative session and a critical piece of our workforce development initiative,” the news release stated. “As we continue to focus on encouraging high school students to consider careers in the trucking industry, it was imperative that they have the opportunity to obtain their Class A CDL prior to the age of 21.” To address safety concerns regarding younger drivers operating large commercial vehicles, the legislation provides for training that closely mirrors the Federal Motor Carrier Safety Administration’s entry-level driver training requirements and sets a minimum of three-hundred (300) hours of behind-the-wheel training under the immediate supervision and control of an experienced driver.

Minnesota State Patrol looking for Volvo rig involved in hit and run

BECKER COUNTY, Minn. — The Minnesota State Patrol (MSP) is searching for information about a pedestrian hit and run involving an 18-wheeler. According to an MSP Facebook post, a VNL 64 model Volvo between year models 2016-18 hauling a flatbed trailer hit a 42-year-old female at approximately 7:15 p.m. on Nov. 11 along Highway 34 near Height of Land Township in Becker County. The woman suffered life-threatening injuries. The post said that the trailer was hauling two pieces of machinery with a tarp on the back, and the tractor’s right front headlight is out. The rig also has noticeable damage to the front right bumper and headlight area, the MSP post stated. The rig was last seen headed westbound through the Detroit Lakes area. Anyone with information is asked to call (218) 846-8244 with any information.

Biden’s L.A. port promise falls short

LOS ANGELES — President Joe Biden announced a deal last month to establish around-the-clock operations at the Port of Los Angeles, the nation’s largest, to break an unprecedented container ship traffic jam blamed for driving up consumer prices. But that hasn’t happened yet. Port of Los Angeles Executive Director Gene Seroka said in an online briefing Tuesday that the sprawling complex has “24/7 capability,” but a shortage of truck drivers and nighttime warehouse workers pose problems in establishing a nonstop schedule, along with getting importers to embrace expanded hours. “It’s an effort to try to get this entire orchestra of supply chain players to get on the same calendar,” he said. Among thousands of importers, “we’ve had very few takers to date.” U.S. Transportation Secretary Pete Buttigieg said that going to a 24 hour-a-day schedule at the busiest port in the Western Hemisphere “is, of course, not flipping the switch. There are so many players, even just on the grounds of port.” As for moving cargo, Seroka said there was encouraging news: Since Oct. 24, the port witnessed a 25% drop in the number of import containers on the docks — from 95,000 to to 71,000. During the same time, cargo sitting nine days or longer dropped by 29%, he said. “There’s much more work to be done on this front but great progress by our dock workers, shipping lines, truckers, marine terminal operators and railroad partners,” he said. With container ships stranded at ports and unloaded goods waiting for trucks, the White House hoped the longer workday at the port would help loosen the bottleneck and cut into shipping delays for everything from cars to toasters to sneakers. As of Tuesday, there were 84 container ships waiting offshore to get into the Port of Los Angeles or its neighboring sister port in Long Beach, an improvement from some recent days when the number topped 100. In normal busy times, only a handful of ships have to wait to dock.

OSHA not enforcing vaccine mandate — for now

WASHINGTON — The Occupational Safety and Health Administration (OHSA) has announced it has suspended implementation and enforcement of the COVID vaccine mandate after the Fifth Circuit Court of Appeals issued a stay on Nov. 12. In a statement, OSHA officials said that while the agency “remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the (vaccine mandate) pending future developments in the litigation.” Challenges to President Joe Biden’s COVID-19 vaccine mandate for private employers will now be consolidated in the U.S. 6th Circuit Court of Appeals, a panel dominated by judges appointed by Republicans. The Cincinnati-based court was selected Tuesday in a random drawing using ping-pong balls, a process employed when challenges to certain federal agency actions are filed in multiple courts. The selection could be good news for those challenging the administration’s vaccine requirement, which includes officials in 27 Republican-led states, employers and several conservative and business organizations. They argue that OSHA does not have the authority to impose the mandate. The challenges, along with some from unions that said the vaccine mandate didn’t go far enough, were made this month in 12 circuit courts. Under an arcane system, it was up to the clerk of the Judicial Panel on Multidistrict litigation to select a ping-pong ball from a bin to choose where the cases would be heard. It was a favorable outcome for Republicans. Eleven of the 16 full-time judges in the 6th Circuit were appointed by Republican presidents. Accounting for one of the Republican-appointed judges, Helene White, who often sides with judges appointed by Democrats and adding senior judges who are semi-retired but still hear cases, the split is 19-9 in favor of Republicans. Six of the full-time judges were appointed by former President Donald Trump. Another court where a majority of judges were nominated by Republicans, the New Orleans-based 5th Circuit Court of Appeals, issued a ruling that put the mandate on hold. It’s not clear whether the court that will hear the case will act as the 5th Circuit did and side quickly with the Republican challengers. But legal experts have become increasingly concerned in recent years about the politicization of both federal and state courts, raising questions about whether justice is fairly administered or dispensed through a partisan lens. Allison Orr Larsen, a professor at William & Mary Law School, coauthored a study published this year that found growing partisanship in federal judicial decisions. For decades, the study found that rulings on cases in which all judges in a circuit weighed in generally were not decided along party lines based on the presidents who appointed the judges. “We did see a concerning spike starting in 2018 that led us to wring our hands,” Larsen said in an interview. The increasing partisanship in a branch of government that is supposed to be blind to partisan politics was seen in judges appointed by presidents of both parties, but Larsen said it’s not clear why that was or whether it will last. Some of the federal courts moved to the right when Donald Trump was president and Republicans controlled the U.S. Senate, which confirms judicial nominees. Trump appointed 54 judges to the circuit courts, which are one step below the U.S. Supreme Court, including filling one seat twice. That represents nearly 30% of the seats on the circuit courts, where cases are most often considered by three-judge panels. Trump’s appointees flipped the 11th Circuit in the South to Republican control and expanded the GOP-appointed majorities in the 5th, 6th and 8th Circuits in the Midwest and South. Biden’s three appointees switched the New York-based 2nd Circuit to Democratic control. Republican state attorneys general and conservative groups mostly filed their challenges in circuit courts dominated by conservative judges, while the unions went to circuits with more judges nominated by Democratic presidents. In all, 34 objections have been filed in all 11 regional circuits plus the one for the District of Columbia. That’s where the ping-pong balls came in to play. Under federal law, cases challenging federal agency actions get consolidated upon the agency’s request if they are filed in multiple circuit courts. Each circuit where a challenge is filed within the first 10 days of the agency taking action has an equal chance of being selected. It was up to the judicial panel’s clerk, John W. Nichols, to select a ping-pong ball from a bin, according to a Tuesday court filing by the panel. The office denied a request by The Associated Press to allow media access to the drawing. Previously this year, the lottery had been used to assign just two cases. One involved fallout from a National Labor Relations Board ruling on an anti-union Twitter message by Tesla founder Elon Musk where objectors filed in two circuits. The other was over orders from the Federal Energy Regulatory Commission in which objectors filed in three. The employer vaccine mandate is higher profile and further reaching. It calls for businesses with more than 100 workers to require employees to be vaccinated by Jan. 4 or wear masks and be tested weekly for COVID-19. Exemptions are provided for religious reasons and for those who work at home or only outdoors. Because it’s an unusual rule from the workplace safety agency, there is no consensus among lawyers on how the challenges will go. OSHA has issued just 10 emergency rules in the half century since it was formed. Of the six challenged in court, only one survived intact. The Biden administration has insisted it’s on strong legal footing. It also has the backing of the American Medical Association, which filed papers in support of the mandate. “The AMA’s extensive review of the medical literature demonstrates that COVID-19 vaccines authorized or approved by FDA are safe and effective, and the widespread use of those vaccines is the best way to keep COVID-19 from spreading within workplaces,” the group said in its filing. Among those challenging the rule is a consortium of construction contractors. They say they want their workers vaccinated, but that a requirement only on larger companies is just pushing vaccine-hesitant workers to take jobs with companies that have fewer than 100 employees. “Crafting an unworkable rule that will do little to get construction workers vaccinated is an approach that is not only wrong, but likely counterproductive,” said Scott Casabona, president of Signatory Wall and Ceiling Contractors Alliance. Officials with the workplace safety agency say they’re considering extending the mandate to smaller employers. A three-judge panel of the 5th Circuit extended the stay of the OSHA rule in an opinion released on Nov. 12, expressing skepticism that the agency had authority to implement the vaccine requirement. The 6th Circuit could modify, revoke or extend the stay. It had not yet been determined which judges from the 6th Circuit will be on a three-judge panel to hear the case or whether it will be considered by all the judges. The U.S. Department of Justice declined to comment on the selection of the court. The Trucker Staff contributed to this report.    

House votes to halt PennDOT plan to toll bridges for repairs

HARRISBURG, Pa. — A plan to add tolls on nine bridges suffered a setback Tuesday when the Pennsylvania state House passed a bill to void the proposal, although the legislation requires one more Senate vote and faces opposition from Democratic Gov. Tom Wolf. The tolling plan would pay for the bridges’ repair or reconstruction, freeing up money from the new federal infrastructure bill for other projects across the state. But opponents say tolls would hurt the local economy near the bridges, and there wasn’t enough public input. “We are all elected to represent our areas and have a voice for them, but the way this transpired, we did not have a voice,” said Rep. Sheryl Delozier, R-Cumberland, whose district would be affected by proposed tolls on the Interstate 83 South Bridge to Harrisburg. State representatives voted 125 to 74 for requiring legislative approval of specific proposals to add tolls. The bill would require PennDOT to publicly advertise toll proposals, take public comment and seek approval from both the governor and the Legislature. PennDOT has not made final decisions on which bridges to toll. Rep. Mike Carroll of Luzerne County, the ranking Democrat on the Transportation Committee, noted Republicans turned aside a Democratic proposal to require approval of specific projects by the Legislature when the Public Private Transportation Partnership was authorized by the majority Republican General Assembly in 2012. “It was your caucus’ idea,” Carroll told House Republicans. “You voted for it — your caucus. You advanced it to Gov. (Tom) Corbett and he signed it.” The infrastructure bill just approved in Washington  is a “sudden influx of money” that can be used to fund bridge repairs, said Rep. Tim Hennessey, R-Chester, the Transportation Committee chairman. “Frankly the citizens of Pennsylvania will have a hard time understanding the need for tolling in light of that,” Hennessey said. But Carroll warned that “Every single county in the state will have projects that do not get done if we have to dedicate $2 billion of the $4 billion to fix nine bridges.” Tolls would be between $1 and $2, probably both ways, to help pay for about $2.2 billion in construction work. The tolls would be put in place from the start of construction in 2023 and could last for 30 years, PennDOT officials have said. The nine that could be tolled are I-78’s Lenhartsville Bridge in Berks County; I-79’s bridges over State Route 50 in Allegheny County; I-80’s bridges across Canoe Creek in Clarion County, Nescopeck Creek in Luzerne County, North Fork in Jefferson County and the Lehigh River, near Wilkes-Barre; I-81 over the Susquehanna River in northern Pennsylvania; I-83’s South Bridge across the Susquehanna River; and Girard Point Bridge in Philadelphia. The Public Private Transportation Partnership board gave PennDOT the go-ahead a year ago to pursue tolls, the first time it’s approved a plan involving user fees since it was created in 2012.

Ryder, Georgia Tech release autonomous trucking study

MIAMI — A new study on autonomous trucking conducted by Ryder System, Inc. and Georgia Tech is promising to be a road map for commercializing self-driving trucks at a significant cost savings. According to a news release, Ryder officials say the research is based on real-world data. “I’ve worked on a lot of different transportation problems in the past, and if you have 1% (cost) improvement, that’s magic,” said Pascal Van Hentenryck, chair and professor for innovation and entrepreneurship at the H. Milton Stewart School of Industrial and Systems Engineering (ISyE) at Georgia Tech. “Here, we’re talking about 29-40%, so it’s massive. It’s really massive.” Already familiar with ISyE through the Ryder Charitable Foundation’s support of research and scholarships at the university, Ryder officials approached Van Hentenryck, who leads the Socially Aware Mobility Lab, about the idea for such a study, the news release stated. “The challenge was for Van Hentenryck and his team of students and post-doctoral researchers to apply their multimodal approach for public transportation to autonomous freight transportation,” according to the news release. Analyzing real-world data from Ryder’s dedicated transportation network in the Southeast, Van Hentenryck and his team developed an Autonomous Transfer Hub Network (ATHN) that combines autonomous trucks on highways with conventional trucking operations for the first and final miles. The team then introduced optimization models for routing and dispatching, and evaluated the proposed autonomous network by comparing it with existing operations under various assumptions. The analyses indicated that the ATHN with optimization technology can reduce costs by 29% to 40% for a large network, depending on the price of autonomous trucks as well as the direct and indirect cost of operating them. “The team looked at our dedicated transportation network, where trucks and drivers are committed to specific customers. While that particular transportation model guarantees capacity 24/7, it also creates situations where our customers’ trucks haul empty trailers,” said Karen Jones, chief marketing officer and head of new product innovation for Ryder. The researchers’ ATHN and optimization models significantly reduced the number of miles driven with empty trailers, which accounts for a large part of the cost reduction. “In the transfer hub network, there is no need to return back empty after a delivery, and there is no need to limit working hours or to return to a domicile at the end of the day,” Van Hentenryck said. “As a result, only 35% of the automated distance is driven empty, compared to 50%. This means that even if autonomous trucks would be as expensive as trucks with drivers, costs would still go down by 10%.” The study found additional cost savings came from reduced labor costs and idle time. Researchers also factored in increased flexibility in delivery appointments to keep autonomous trucks moving around the clock. “In addition to the significant projected cost savings, I think this study is particularly notable because it is based on real-world data and addresses real industry challenges,” Jones said. “It’s clear that, in order to realize the full benefit of autonomous trucking, shippers, receivers, and 3PLs will need to evolve today’s operating practices to meet the needs of tomorrow’s robotic trucks.” Ryder is planning several pilot projects with autonomous trucking companies Embark, Gatik, TuSimple and Waymo. “Our goal with these strategic alliances and our collaboration with ISyE is to help accelerate autonomous trucking nationwide,” Jones said. “If you think about ever-escalating consumer demands combined with capacity constraints, driver shortages, and regulatory and safety pressures, autonomous technology is on track to solve a host of industry disruptions. “I think the work of Pascal and his team shows that we’re on the right track, and to have that kind of validation from world-class researchers at the top school for industrial and systems engineering—that’s priceless.”  

Mississippi highway project slated for 2022 completion

JACKSON, Miss. — A Mississippi highway construction project has been ongoing for four years this month after being set back by a series of delays. Mississippi Department of Transportation crews started working on a 7.5-mile section of Highway 49 between Richland and Florence in November 2017, WAPT-TV reports.  Crews are widening the highway from two lanes in each direction to three. “It was probably the worst highway in the state of Mississippi, as far as the smoothness and the congestion down here,” project engineer Brian Ratliff told the television station. The original completion date was August 2020. That has now been pushed back to summer 2022. Engineers said there have been a number of challenges, including extreme weather, like the ice storm that hit the region last February. “We have a limited amount of right-of-way. We had a lot of utilities we had to work around. We have a lot of traffic running up and down the road,” Ratliff said. The cost of the project is $253 million, according to the Mississippi Department of Transportation.

Michigan in store for major infrastructure improvements

LANSING, Mich. — The $1 trillion federal infrastructure spending law includes billions of dollars for Michigan, including to fix roads, replace lead water pipes and expand access to high-speed internet and electric vehicle charging stations. Members of Congress expect the historic level of funding to start reaching the state by spring. The aid must go to specific priorities, though the Republican-led Legislature and Democratic Gov. Gretchen Whitmer will in many cases decide which projects to fund. The state and municipalities also will be able to apply to the federal government for competitive grants. “It’s not a stretch to say that this infrastructure bill is a generational investment,” said U.S. Rep. Elissa Slotkin, a Holly Democrat who likened it to construction of the national highway system. The legislation was supported by every Democrat in the delegation except Rep. Rashida Tlaib of Detroit and by one Republican, Rep. Fred Upton of St. Joseph. What Michigan will receive: ROADS $7.2 billion in core federal highway program funding over five years, a $340 million — or 30% — annual increase. While road and bridge work is primarily funded with state fuel taxes and vehicle registration fees, aid from the federal gas tax accounts for 28% of Michigan’s transportation budget. “We’re going to split that between MDOT and the local (road) agencies,” state transportation director Paul Ajegba said, noting that Whitmer previously authorized $3.5 billion in borrowing focused mostly on improving state-owned highways. “We think with this additional money, we can start tackling some of the issues in our trunk lines in the inner cities.” BRIDGES $563 million, or an additional $113 million a year, under a new program to replace or repair bridges. TRANSIT $1 billion for public transit. That is $47 million more annually, a 30% boost. WATER $1.3 billion to address aging water infrastructure, including to replace lead service lines and address groundwater contamination from “forever chemicals” known as PFAS. It was not immediately clear how much could be spent to swap out the pipes that can lead to elevated lead levels in a community’s drinking water if the supply is not properly treated like in Flint and Benton Harbor. Michigan has an estimated 460,000 such lines that generally must be replaced over 20 years. EV STATIONS $110M to expand the charging network for electric vehicles. The auto industry has committed to producing electric vehicles for as much as half of U.S. sales by the end of the decade. “If someone’s going to be making that next generation of cars, I want it to be us. Part of dealing with that is range anxiety that the average buyer feels because they don’t know that they can drive up north and successfully charge up,” Slotkin said. INTERNET At least $100 million to bring high-speed internet to more rural areas that lack adequate broadband infrastructure. Democratic U.S. Sen. Gary Peters has said about 400,000 residents lack access. Roughly 2.5 million low-income people will be eligible for a subsidy to make it more affordable. CLIMATE CHANGE $304 million to adapt to and mitigate the effects of climate change on roads and other parts of the transportation network. An unspecified portion of $500 million nationally so states can provide low-interest loans to local governments to reduce the risk of natural disasters. Peters, who secured the funding, said projects could include seawalls and storm water drains to address extreme flooding, shoreline erosion and rising water levels.