Transportation

By Randy Gordon, President and CEO The federal Surface Transportation Board (STB) on Nov. 24 announced it will initiate a rulemaking in coming months on whether to establish a voluntary rail rate arbitration program within the agency’s existing rail arbitration system. The agency did not issue a proposal nor a timeline for obtaining public comment on such a program, indicating instead that it would do so “in a subsequent decision.” The NGFA on Aug. 20 had submitted a 14-page statement to the STB recommending that it initiate a rulemaking and seek further public comment on a joint ... Read More

The Federal Motor Carrier Safety Administration (FMSCA) announced that for the period of Dec. 1 through Feb. 28, it is granting relief from Parts 390 through 399 of its federal motor carrier safety regulations, arguably the most important of which is its hours of service regulations for truck drivers under Part 395. Those regulations affect transporters of the following freight: livestock and livestock feed; medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; vaccines, constituent products, and medical supplies and equipment ... Read More

By Max Fisher, Vice President of Economics and Government Relations The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) on Nov. 19 released an interim final rule on the definition of agricultural commodity for use in determining which agricultural products are eligible to be hauled under the agricultural exemption to the hours-of-service (HOS) rules for commercial truck drivers. Under the agricultural exemption, HOS regulations do not apply to the transportation of agricultural commodities by truck drivers operating completely within a 150 ... Read More

By Randy Gordon, President and CEO The Senate, by separate voice votes on Nov. 18, confirmed the nominations of Robert Primus and Michelle Schultz to become members of the Surface Transportation Board (STB), the federal agency whose responsibilities include regulatory oversight of freight railroads. Primus, a Democrat, most recently served as chief of staff to Rep. Nanette Barragάn, D-Calif. A native of Madison, N.J., he spent 20 years as a staff member for former Rep. Mike Capuano, D-Mass., four of those as his legislative director and the last 16 as chief of staff while Capuano ... Read More

NGFA and 45 other food and agricultural organizations sent a joint statement on Nov. 9 to the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) expressing strong support for a pilot program allowing drivers 18, 19 and 20 years old to operate commercial motor vehicles (CMVs) in interstate commerce. The statement noted that currently, in 49 states (all except New York state), the minimum age for intrastate CMV operation is 18 (or under), while the federal minimum is 21 for interstate CMV operation. The pilot program has the potential to remove the ... Read More

By Bobby Frederick, Vice President of Legislative Affairs and Public Policy A bipartisan, bicameral group of more than 50 lawmakers sent a letter on Oct. 26 urging the U.S. Army Corps of Engineers (Corps) to include a “new start” for a construction project through the Navigation and Ecosystem Sustainability Program (NESP) in the agency’s fiscal year 2021 Work Plan. The NGFA has been a consistent supporter of NESP, which will improve the efficiency and capacity of the Upper Mississippi River and Illinois Waterway through the construction of seven new 1,200-foot locks (locks 20, 21, 22, 24 ... Read More

The United States and Brazil have signed a new protocol on trade rules and transparency, updating a 2011 agreement between the two countries, the U.S. Trade Representative’s office announced Oct. 19. The protocol, also announced by Brazilian President Jair Bolsonaro,, includes new annexes with provisions on customs administration and trade facilitation, regulatory practices and anti-corruption, USTR said in a statement. The full text of the U.S.-Brazil ATEC Protocol on Trade Rules and Transparency can be found here. “From their first meetings, President Trump and President Bolsonaro have ... Read More

By Randy Gordon, President and CEO The federal Surface Transportation Board (STB) is seeking comments by Nov. 2 on its proposal to increase to $900 million the revenue threshold used to determine whether a railroad continues to be classified as a Class II carrier. The proposal was triggered by a petition submitted to the agency by Montana Rail Link Inc., a regional Class II railroad, which sought the increase from the $504,803,294 revenue threshold at which a carrier currently is deemed to be a Class I railroad.  The railroad said it anticipated reaching the current Class I ... Read More