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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

Second Quarter 2021 (April, May, June)

Published October 2021

Illinois DOT Issues $7 Million for Improving Roads 

On April 5, the Illinois Department of Transportation (IDOT) awarded $7 million in grants for 21 projects 

through IDOT’s Truck Access Route Program. The program helps counties, municipalities, and towns 

upgrade roads to make them designated truck routes accommodating 80,000-pound trucks. Up to 

$900,000 may be awarded to projects that improve connections with other designated truck routes and 

with freight-traffic-generating businesses. In total, these projects cost $36 million and are expected to 

manage truck traffic, create jobs, and boost economic activity in Illinois. The full list of awards can be 

found here.

STB Adopts Final Rule on Demurrage Billing Requirements 

On April 6, the Surface Transportation Board (STB) adopted a final rule, effective October 6, 2021, 

requiring Class I carriers to include certain minimum information on demurrage invoices and provide 

machine-readable access to this information. Railroads charge demurrage fees when shippers hold cars 

beyond a specified time. However, shippers have expressed concerns that railroad invoicing practices 

can be difficult to verify and lack basic information about the shipments covered. The rule requires the 

demurrage invoice to include (among other details) the date and time the railroad received the cars, the 

date and time of the original estimated arrival, the actual placement and release of each car, and where 

applicable, the number of demurrage credits and debits attributable to each car. 

White House Releases State-by-State Fact Sheet Highlighting Infrastructure Needs 

On April 12, the White House released State-by-State fact sheets highlighting the urgent need for 

infrastructure investments across the country. For each of the 50 States, District of Columbia, and 
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Puerto Rico, an individual fact sheet highlights the number of bridges and miles of road in poor 

condition. Each individual fact sheet also details the investment required for that particular region to 

improve infrastructure resiliency and adapt to extreme weather events, among other infrastructure 

needs. All State-by-State fact sheets can be found here. 

Ninth Circuit Court Upholds AB5

On April 28, the U.S. Court of Appeals for the Ninth Circuit ruled that California’s worker classification 

law known as Assembly Bill 5 (AB5) is not preempted by Federal law. The court also removed a 

preliminary injunction against enforcing the State law on motor carriers. Under AB5, a person is 

presumed to be an employee rather than an independent contractor, unless the hiring entity shows 

certain conditions are satisfied. The judges rejected the California Trucking Association’s (CTA) argument 

that the Federal Aviation Administration Authorization Act preempts AB5 from being applied to the 

trucking industry. The April ruling overturns a January 2020 ruling that had granted CTA’s request for a 

preliminary injunction blocking enforcement of AB5 against interstate motor carriers. Currently, as the 

case awaits review by the U.S. Supreme Court, the injunction remains in effect. However, if the Supreme 

Court decides not to hear the case, the injunction will be lifted immediately, and AB5 will 

become enforceable.

DOL Withdraws Independent Contractor Rule Under Fair Labor Standards Act

On May 6, the Department of Labor (DOL) finalized its proposal to withdraw the rule on Independent 

Contractor Status under the Fair Labor Standards Act rule. The rule had been due to take effect May 7, 

but DOL made the decision to withdraw it after reviewing roughly 1,000 comments. DOL had initially 

said that the rule would “promote certainty” to guide the trucking industry’s use of contractors. 

However, in its withdrawal notice, DOL states the rule would introduce “substantial confusion and 

uncertainty on the topic of independent contractor status, to the detriment of workers and 

businesses alike.”

Illinois Releases Highway Improvement Program for FY 2022-27 

On May 19, the State of Illinois released its proposed highway improvement program for fiscal years

(FY) 2022-27. The program allocates $20.7 billion in total investment, including $3.3 billion for fiscal 

year 2022. Over the next 6 years, the plan aims to improve 2,779 miles of roadway and 7.9 million 

square feet of bridge deck. Additionally, $42 million is allocated for upgrading local truck routes. Other 

major investments include $5.79 billion for roadway reconstruction and preservation, $4.82 billion for 

bridge improvements, and $2.59 billion for roadway expansion efforts. According to the American Road 

and Transportation Builders Association, about 8.8 percent of Illinois’s bridges are classified as 

structurally deficient. The planned investment is funded by Rebuild Illinois—an infrastructure 

improvement initiative approved in 2019 that supports investment in road and bridges.

Panama Canal Makes Way for Larger Vessels

As of May 21, the maximum allowable length for vessels transiting the Panama Canal’s Neopanamax 

Locks has increased from 367.28 meters (1,205 feet) to 370.33 meters (1,215 feet). With this increase, 

96.8 percent of the world’s container fleet can now transit the Canal, thereby shortening routes and 

benefiting economies around the world. The Panama Canal Authority also increased the maximum 
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allowable draft to 15.24 meters (50 feet). By offering larger capacity along with shorter travel distances, 

the Canal reduces vessels’ fuel consumption and emissions. The changes in allowable vessel length and 

draft were made in anticipation of the fifth anniversary of the Canal’s expansion, on June 26. The 

Panama Canal is an important outlet for grain shipped from the U.S. East and Gulf Coasts destined for 

China and other Asian countries.

FHWA Provides Almost $2 Million to Innovative Highway Projects in Key GrainProducing States 

On May 26, the U.S. Department of Transportation’s (USDOT) Federal Highway Administration (FHWA) 

awarded $977,398 in grants to Michigan and $1 million to South Dakota to help them make costeffective, timely upgrades to their transportation infrastructure. The funding source—FHWA’s 

Accelerated Innovation Deployment Demonstration program—helps States make the most of limited 

resources. Michigan’s FHWA funding will be used to improve bridge conditions on local routes. As a

major grain-producing State, Michigan has more than 11,000 bridges that afford critical connections in 

grain transportation. According to the American Society of Civil Engineers, in 2018, approximately 11 

percent (1,234) of the State’s 11,156 bridges were structurally deficient. FHWA’s funding for South 

Dakota (another major grain producer) will be used to develop criteria to adjust speed limits in response 

to weather, road, visibility, and traffic conditions.

STB Asks Class I Railroads To Keep Reporting Revenues From Demurrage and 

Accessorial Charges 

On May 28, the Surface Transportation Board (STB) requested Class I railroads to continue providing 

quarterly information about their revenues from demurrage and accessorial charges. STB first requested 

this information in 2018, in response to informal shipper complaints about unreasonable railroad 

demurrage and accessorial practices. Railroads charge these fees when shippers hold cars too long or 

require additional service, such as train diversions. However, railroads sometimes charge these fees 

even when delays are not the shipper’s fault, but rather result from broader rail service issues. Average 

Class I accessorial and demurrage revenue, as a share of total revenue, has trended upward from 2.5 

percent, in first quarter 2018, to 3 percent, in fourth quarter 2020. In recent months, shippers have 

complained of unreasonable, accumulating fees amid congestion and service issues. This latest request 

followed STB letters sent to the railroads expressing concern over recent reports of subpar service.

FMC Announces Rulemaking for Common Carrier Tariffs 

In early June, the Federal Maritime Commission (FMC) published public comments received for a notice 

of proposed rulemaking. The comments regard the reasonableness of fees charged to access an ocean 

carrier’s public tariff. Carrier tariffs contain common carrier rates, charges, classifications, rules, and 

practices, which shippers can default to once contract terms are fulfilled. Through the comments, FMC 

sought to understand why carriers’ fees and minimum requirements to access the online tariff systems 

vary and the impact of such variance. Further, the agency asked whether existing fees or requirements 

are unreasonable. FMC sought additional information from industry stakeholders on why certain nonvessel-operating common carriers apply “pass-through charges” inconsistently under common carrier 

tariffs. Comments can be viewed here.
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USDA’s $4 Billion Initiative To Bolster Food System Includes 

Transportation Infrastructure 

On June 8, the USDA announced its Build Back Better initiative—a plan to invest more than $4 billion to 

strengthen the U.S. food system, including investments in “distribution and aggregation.” The agency 

notes the system’s infrastructure has been stressed during the COVID-19 pandemic because of “long 

shipping distances and lack of investment in local and regional capacity.” USDA intends to invest in 

distribution-and-aggregation infrastructure that can “remain resilient, flexible, and responsive.” Further 

supporting infrastructure solutions to supply-chain issues, the Secretaries of Agriculture, Transportation, 

and Commerce will co-chair a new Supply Chain Disruptions task force to bring a “whole of government” 

response to near-term supply-chain challenges to the economic recovery.

ATRI Releases Study on Truck Driver Perspectives on Truck Parking

Information Systems

On June 14, the American Transportation Research Institute (ATRI) released a study on current use of 

parking availability systems for trucks, as well as truck drivers’ perspectives on how truck parking 

information is distributed. Surveying over 1,100 truck drivers, the study cross-tabulated findings from all 

sectors, age groups, experience levels, and genders. The study found the system was most favorable for 

long-haul interstate drivers. Although the researchers recognize truck parking information systems are 

managed at a facility level, they concluded that, ideally, system designs and approaches should not vary 

considerably across State lines. The study can be found here.

Minnesota Approves Over $800 Million for Road Projects

On June 21, Minnesota State lawmakers recently approved a transportation budget bill to provide over 

$800 million for State roads and bridges. As part of the budget, the State’s trunk highway system will 

receive $413 million in trunk highway bonds, including $200 million for the Corridors of Commerce 

program, $100 million for general State road construction, and $113 million for State road construction 

projects under the Minnesota Department of Transportation’s Regional and Community Investment 

planning category. As a major producer of corn and soybeans, Minnesota depends on the condition and 

performance of its roads for grain transportation. As of 2019, 4.7 percent (13,346) of bridges in 

Minnesota were structurally deficient, and in 2018, 16 percent of roads in the State were in poor 

condition—according to the American Society of Civil Engineers. The new funding is expected to boost 

highway capacity and improve freight movement statewide, which can benefit grain transportation.

FMCSA Opens Registry for Providers of Entry-Level Driver Training

On June 29, 2021, FMCSA opened its training provider registry (TPR), which helps commercial driver’s 

license applicants connect with training providers. Providers that register with the TPR will be included 

in the public list of certified trainers. The list will be made available before FMCSA’s entry-level driver 

training (ELDT) regulations take effect. Once the ELDT regulations are in effect, they authorize only 

training providers who are listed in the TPR to provide the training. This restriction will ensure only 

certified drivers operate commercial motor vehicles. The registry will connect entry-level drivers—who 

require a commercial learner’s permit or commercial driver’s license—with providers who can teach 

them to properly operate commercial motor vehicles.
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FMCSA Extends Compliance Dates for Medical Examiner’s Certification Integration

On June 22, the Federal Motor Carriers Safety Administration (FMCSA) extended the compliance date to 

June 23, 2025, for several provisions of its April 23, 2015, Medical Examiner’s Certification Integration 

final rule. Effective June 22, the extension will allow FMCSA time to develop information technology (IT) 

for its National Registry of Certified Medical Examiners (National Registry). The additional time will also 

allow State driver licensing agencies to make the necessary IT programming changes after the new 

National Registry system is available.

FMCSA Extends Compliance Date for Entry-Level Driver Training

On June 30, FMCSA extended until February 7, 2022, the date for complying with the agency’s interim 

rule (effective as of July 30) on minimum ELDT requirements. The extension will also allow State driver 

licensing agencies time to update their systems and procedures to receive driver-specific ELDT data from 

the TPR. ELDT regulations are not retroactive, and the requirements do not apply to individuals holding 

a valid commercial driver’s license or an S, P, or H endorsement issued prior to February 7, 2022.

Preferred Citation

Mulik, Kranti. October 2021. Transportation Updates and Regulatory News. U.S. Department of 

Agriculture, Agricultural Marketing Service. Web. <http://dx.doi.org/10.9752/TS345.10-2021>

Photo credits: 

Truck: Burt Barnes

All other photos: USDA

USDA is an equal opportunity provider, employer, and lender.