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Transportation Updates and

Regulatory News (TURN)

A quarterly publication of the Agricultural Marketing Service

www.ams.usda.gov/rules-regulations/transportation/turn

December 2020

FMCSA Approves Performance-Based 

Chassis Inspection Training 

On August 18, the Federal Motor Carrier Safety 

Administration (FMSCA) granted a request by 

the Intermodal Association of North America 

(IANA) for a 5-year limited exemption to the 

agency’s time-based approach to the chassis 

inspection training. The exemption will permit 

IANA to more efficiently qualify container 

chassis mechanics as equipment or brake 

inspectors, using a “performance-based” 

approach. FMCSA did not specify how IANA was 

to deliver training in chassis inspections. 

However, the agency explicitly specified a 

qualifying individual must receive at least 480 

hours of training (notably, less than the 1 year 

required without FMCSA exemption). Further, 

one-third of the training must be classroombased, and two-thirds must be hands-on 

instruction.

FMC Investigates Implications of 

“Merchant” as a Term of VesselOperating Common Carriers

On October 14, the Federal Maritime 

Commission (FMC) solicited public comment on 

use of the term “merchant” in bills of lading for 

vessel-operating common carriers (VOCCs). 

FMC seeks input on several questions, including 

how the term ‘‘merchant’’ is defined in VOCC 

bills of lading. The agency also seeks to learn 

whether (because of the definition) third parties 

who are not in contractual privity with the 

carrier may be subject to joint or several 

liability. Finally, FMC asks whether carriers have 

enforced the “merchant” definition against 

third parties that have not consented to be 

bound by, or otherwise accept, the terms and 

conditions of the bill of lading. All comments 

received would be treated confidentially and 

would not be posted to the public docket.
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Port of Brownsville Receives

$14.5 Million Grant 

On October 14, the U.S. Department of 

Transportation’s Maritime Administration 

awarded a $14.5 million infrastructure grant to 

the Port of Brownsville through its Port 

Infrastructure Development Program to expand 

and upgrade its 3-million-bushel grain elevator, 

including rail and road improvements. A deepwater seaport on the U.S.-Mexico border in 

Brownsville, TX. The Port of Brownsville 

provides a major trade channel between the 

U.S. and Mexico. The improvements are 

expected to offer all grain producers from the 

Rio Grande Valley, as well as other parts of 

Texas and the United States, a new, costefficient option to export goods around the 

world.

ATRI Releases Top Trucking Industry 

Issues Report 

On October 27, the American Transportation 

Research Institute (ATRI) recently released its 

16th Top Industry Issues report. Truck drivers, 

motor carriers, and other stakeholders were 

among the 3,122 respondents surveyed about 

issues facing the trucking industry. Driver 

shortage was the top issue of concern for the 

fourth consecutive year, followed by truck 

parking, driver compensation and retention, 

and (for the first time since 2005) insurance 

costs. Tort reform was also in the survey’s top 

10 concerns for the first time since 2011. 

FMCSA Requests Comments on Project 

To Collect Opinions on ADS 

Technologies

On November 3, the Federal Motor Carrier 

Safety Administration (FMCSA) requested

comments on a proposed project to collect 

baseline opinions of automated driving systems 

(ADS) before and after hands-on 

demonstrations with ADS technologies. The 

Trucking Fleet Concept of Operations (CONOPS) 

for Managing Mixed Fleet will survey 

approximately 2,000 people, including 

commercial motor vehicle (CMV) fleet 

managers, CMV sales personnel, State and 

Federal government personnel, industry 

engineers, researchers, and CMV drivers. 

Comments can be viewed here. 

Coalition Asks FMC To Suspend 

Detention and Demurrage Charges 

On November 16, a coalition of truckers, 

shippers, and customs brokers asked the U.S. 

Federal Maritime Commission (FMC) to 

consider immediately suspending detention and 

demurrage charges at the ports of Los AngelesLong Beach and New York-New Jersey until 

congestion at the gateways disperses. A record 

spike in imports over the past 4 months has 

created the congestion, leading to a shortage of 

available appointments for truckers to pick up 

imports or return empty containers from 

marine terminals in Los Angeles-Long Beach and 

New York-New Jersey. In response, the coalition 

asked FMC to temporarily suspend demurrage 

charges for storing containers at marine 

terminals beyond the allotted free time. The 

coalition also requested a temporary ban on 

detention charges for returning equipment late. 

In the long term, the coalition is asking FMC to 

use the interpretive rule on detention and 

demurrage as a template for rulemaking.

FMCSA Preempts Washington State’s 

Meal and Rest Rules

On November 17, The Federal Motor Carrier 

Safety Administration (FMCSA) determined that 

Washington State’s meal-and-rest-break rules 

for commercial truck drivers are preempted by 

Federal hours-of-service (HOS) regulations. In 

response to a petition by the Washington 

Trucking Associations, FMCSA found 

Washington’s meal-and-rest-break laws 

conferred no safety benefits beyond those 
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already provided by FMCSA regulations, 

conflicted with Federal HOS rules, and placed 

an “unreasonable burden” on interstate 

commerce. FMCSA received 33 comments on 

the petition, with 24 commenters supporting 

preemption and nine opposing.

Port of Los Angeles Launches New Data 

Tool To Ease Truck Congestion

On November 18, the Port of Los Angeles 

launched a new data tool. “The Return Signal” 

helps the trucking community know where and 

when it can return empty containers 

throughout the San Pedro Bay complex. The 

tool filters and customizes information and 

updates every 5 minutes. The Port hopes the 

tool will help ease the flow of chassis and 

empty containers across the cargo complex and 

avoid congestion and delay. 

FMC Expands Fact-Finding 

Investigation

On November 19, the Federal Maritime 

Commission (FMC) expanded its investigation 

into whether carriers in alliances that call on the 

ports of Long Beach, Los Angeles, New York, 

and/or New Jersey are violating Federal 

regulations. Practices under investigation for 

possible violations concern demurrage and 

detention, container return, container 

availability for U.S. export cargoes, and other 

issues. FMC’s November 19 Supplemental Order

expands the authority of its Fact Finding 29

order issued earlier this year. 

ATRI Releases 2020 Operational Costs 

of Trucking 

On November 24, the American Transportation 

Research Institute (ATRI) recently released a 

study analyzing detailed trucking costs from 

2008 to 2019. According to the study, from 

2018 to 2019, the average marginal cost per 

mile incurred by motor carriers decreased 9.3 

percent to $1.65. Still, that average was 6 cents 

higher than in 2016, the last time the freight 

market softened. Costs in most other categories 

also decreased. From 2018 to 2019, combined 

driver wage and benefits decreased from 77.6 

cents per mile to 69.3 cents per mile. Although 

total driver compensation declined, bonuses 

(particularly, retention bonuses) increased by 

over 80 percent because of a driver shortage. 

Accurate operational cost data are key to public 

agencies’ decisions to fund roadway projects. 

These projects are essential to the efficient 

movement of freight and commodities, 

including grain. 

FHWA Proposes To Allow States More 

Flexibility With Design Standards

On November 24, the Federal Highway 

Administration (FHWA) published a notice of 

proposed rulemaking to give States more 

flexibility in setting design standards for 

highway projects. These include resurfacing, 

restoration, and rehabilitation projects on all 

National Highway System (NHS) roadways, 

including interstates. The new regulation will let 

States follow the updated standards of the 

American Association of State Highway and 

Transportation Officials, among others, without 

requiring an FHWA exception. The streamlining 

measure will allow States to quickly repair 

highways and interstates needing immediate 

attention. Roughly 60 percent of U.S. grain is 

transported by truck (according to USDA’s 

Agricultural Marketing Service), and wellfunctioning roadways are essential to sustaining 

low transportation costs and the 

competitiveness of U.S. grain. Comments can be 

viewed here. 

FMCSA Clarifies Agricultural 

Commodity Definition in Hours-ofService Regulations

On November 24, the U.S. Department of 

Transportation’s Federal Motor Carrier Safety 
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Administration (FMCSA) published an interim 

final rule (IFR), clarifying the definition of 

“agricultural commodity” in the hours-ofservice (HOS) regulations. Currently, drivers 

transporting agricultural commodities are 

exempt from the HOS requirements within a 

150-air-mile radius from the origin (source of 

the commodity) to the destination during 

harvesting and planting seasons. The 

rulemaking is intended to ensure proper 

enforcement of the HOS exemption. The 

interim final rule became effective 

December 9, 2020. Comments can be viewed 

here.

FMCSA Seeks Comments On Petition To 

Eliminate Freight Broker 

Transparency Regulation

On November 25, the Federal Motor Carrier 

Safety Administration (FMCSA) published a 

request for public comment on a petition 

regarding broker transparency filed by the 

Transportation Intermediaries Association (TIA), 

representing freight brokers in the U.S. The TIA 

petition asks for the FMCSA to eliminate 49 CFR 

371.3(c), which is the current regulation 

requiring freight brokers to keep and share 

transaction records with motor carriers. The TIA 

petition also asks for FMCSA’s “regulatory 

guidance [to] ensure that interested parties can 

distinguish between a dispatch service and an 

authorized broker.” Broker transparency can 

shed light on prices paid by shippers and 

carriers, and as a result, shippers can benefit 

from a better rate. Comments can be viewed 

here.

FHWA Releases Updated Truck 

Parking Survey in Compliance with 

“Jason’s Law”

On December 1, the Federal Highway 

Administration (FHWA) released a summary of 

an updated survey of truck parking 

stakeholders. All 50 States and 11,600 drivers 

participated in the 2019 survey—up from 8,000 

in the 2014 survey. The survey found a critical 

shortage of parking spaces for truck drivers. 

About 313,000 truck parking spaces were 

available nationally—40,000 at public rest areas 

(up 6 percent from 2014) and 273,000 at private 

truck stops (up 11 percent from 2014). Similar 

to 2014, parking shortages persist in the 

Northeast, Mid-Atlantic, Chicago area, and 

California. New shortages have appeared along 

the entire I-95 corridor, Pacific corridors, and 

other major freight corridors. With challenges in 

every State, roughly 98 percent of drivers 

reported problems finding safe parking. The five 

States with the most spaces relative to roadway 

miles are Indiana, Louisiana, Ohio, Kentucky, 

and Oklahoma. Enacted in 2012, “Jason’s Law” 

established a national priority on addressing the 

shortage of long-term parking for commercial 

motor vehicles on the National Highway 

System. The law aims to improve highway 

safety for commercial motor vehicle operators 

and other motorized and non-motorized 

highway users.

NHTSA Seeks Feedback on Automated 

Driving Technology

On December 3, the National Highway Traffic 

Safety Administration (NHTSA) requested 

comments on possible development of a 

framework for Automated Driving System (ADS) 

safety. The framework identifies elements 

necessary for objectively defining and assessing 

ADS competence. Feedback is invited on key 

components that satisfy motor vehicle safety 

needs, while allowing innovative designs that 

meet agency guidelines. Comments can be 

viewed here.

FMCSA Grants Exemption for 

Additional Rear Lights

On December 7, the Federal Motor Carrier 

Safety Administration (FMCSA) published a 

notice granting a 5-year exemption from 

Section 393.25(e) of the Federal Motor Carrier 

Safety Regulations. The regulation requires all 

exterior lamps on commercial motor vehicles to 
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be “steady-burning” (i.e., not blinking or 

pulsating), with few exceptions. The exemption 

will allow motor carriers operating trailers and 

van body trucks to install amber, brakeactivated, pulsating warning lamps on the rear 

of the trailers and trucks. The new pulsating 

lamps are to be in addition to (not instead of) 

the steady-burning brake lights required by 

Federal regulation. The exemption will expire 

on December 2, 2025.

FMCSA Proposes To Eliminate 

Duplicate Traffic Convictions Report

On December 14, the Federal Motor Carrier 

Safety Administration (FMCSA) issued a notice 

to eliminate a regulation the agency says largely 

duplicates a separate provision. The regulation 

FMC has proposed for elimination requires 

commercial motor vehicle drivers to submit 

annually a list of their convictions for traffic 

violations to their employers. FMCSA estimates 

that eliminating the requirement would save 

about $4 million each year. Comments can be 

submitted by February 12, 2021.

FMCSA Proposes To Renew Study on 

CDL Skill Test Delays

On December 14, the Federal Motor Carrier 

Safety Administration (FMCSA) published a 

notice to renew a discontinued study on 

commercial driver’s license (CDL) skills test 

delays. Mandated by the Fixing America’s 

Surface Transportation Act (FAST) enacted in 

2015, the CDL skills test delay study must be 

published by FMCSA annually to gather 

information for a number of metrics on CDL 

skills test delays. The annual report is also 

required to describe specific steps the 

Administrator is taking to address delays in 

States with average skills-test or retest wait 

times of more than 7 days. Comments can be 

viewed here.

DOT Launches Regional Infrastructure 

Acceleration Program

On December 16, the Department of 

Transportation (DOT) launched a new 

demonstration program to expedite delivery of 

transportation infrastructure projects through 

innovative finance and delivery methods. DOT’s 

Build America Bureau (the Bureau) issued 

a notice of funding opportunity to designate 

and fund Regional Infrastructure Accelerators 

(Accelerators) to serve defined geographic 

areas and act as a resource to qualified entities 

within the designated areas. The demo program 

is also to show the effectiveness of these 

Accelerators in expediting the delivery of 

eligible projects through Federal credit 

assistance programs, including the 

Transportation Infrastructure Finance and 

Innovation Act (TIFIA) and other innovative 

financing methods. A total of $5 million is 

available for the program.

FMCSA Extends CDL Waivers

On December 15, the Federal Motor Carrier 

Safety Administration (FMCSA) extended its 

waiver from certain regulations affecting 

holders of a commercial driver’s license (CDL), 

commercial learning permit (CLP), and medical 

certificates. Effective January 1 through 

February 28, the extended waiver gives the 

State agencies discretion to issue local 

extensions. According to FMCSA, the extension 

was necessary to mitigate potential backlogs at 

some State driver’s license agencies. With 

increasing COVID-19 cases, the agency 

anticipates more stay-at-home orders this 

winter that could bring more disruptions. 
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OOIDA Asks FMCSA To Add Feed To 

List Of Qualifying Agricultural 

Commodities

On December 17, the Owner-Operator 

Independent Drivers Association (OOIDA) 

filed comments asking the Federal Motor 

Carriers Association (FMCSA) to consider adding 

feed ingredients to the list of qualifying 

agricultural commodities in its interim final rule 

on the definition of agricultural commodities. 

OOIDA stated that feed ingredients are an 

integral part of the agricultural and livestock 

supply chains and, given the unpredictable 

nature of the feed production process, drivers 

can often experience lengthy delays at these 

facilities. Therefore, to maximize efficiency and 

clarity for drivers, OOIDA believes feed 

ingredients should also be covered in the 

definitions.

FMCSA Publishes Final Rule on New 

Driver Testing

Published December 17 and effective 

60 days after publication in the Federal 

Register, a new final rule of the Federal Motor 

Carrier Safety Administration (FMCSA) allows 

States to commission third-party skills test 

examiners to administer the commercial 

driver’s license test (CDL). Previously, Federal 

rules had prohibited use of third-party CDL skills 

test examiners. Intended to eliminate testing 

delays, inconvenience, and expense to CDL 

applicants, the final rule lets States have thirdparty instructors conduct both teaching and 

testing. States that wish to take advantage of 

the new Federal rule will need to adjust local 

rules. FMCSA hopes the new rule will help 

alleviate a shortage of commercial drivers

resulting from the COVID-19 pandemic.

Photo credits: 

Truck: Burt Barnes

All other photos: USDA

USDA is an equal opportunity provider, 

employer, and lender.