2006 Legislative Updates
2006
Funding Levels for 2007 and SSRS Issues Deferred to the 110th Congress
The 109th Congress is now history. It adjourned without passing appropriations bills that fund nine major federal agencies and departments including the U.S. Department of Transportation. Instead, it passed another Continuing Resolution (CR), House Joint Resolution 102 (HJR102) that continues to fund these agencies at the FY 2006 levels through February 15, 2007. It is a "clean" and short CR with no exceptions.
This means that the MCSAP grant program will continue to be funded at the annual rate of $188 million instead of increasing to $197 million, the 2007 level specified in SAFETEA-LU. Other motor carrier safety grant programs including Safety Data Improvement and CDLIS modernization will also be funded at 2006 levels instead of bumping up to the 2007 authorized level. Under the reduced annual rate, FMCSA could lose $27 million in annual funding that would otherwise be available for state grant and FMCSA programs.
Since the CR was essentially the same as the one passed last September, it did not contain language extending the Single State Registration System (SSRS) to January 1, 2008. Appropriations Committee staff in both the House and Senate were sympathetic to the need for the extension, but the outgoing Congressional leadership were unwilling to pass anything other than a basically "clean" CR. Many other issues requiring "fixes" also were not addressed. The new Congress will have to deal with the 2007 funding issues as one of the first items of business when it convenes in January. Indications are that the incoming Congressional leadership plan to adopt a long term CR for the balance of the 2007 fiscal year with some adjustments. The key issue will be the scope of adjustments allowed and whether they could include the SSRS extension. Appropriations Committee staff in both the House and Senate have indicated this issue is still on their radar screen and will be considering it as the long term CR is drafted.
Given the scenario of a long term CR, CVSA and NARUC will be regrouping to consider SSRS extension options and possible other issues relating to the work of the UCR Board. Due to the uncertainty of when the new UCR plan will be up and running (probably not before mid-2007), a number of SSRS states, including those that have yet to enact enabling legislation for the new UCR, have said they still would prefer the one year extension to January of 2008 to avoid substantial revenue losses for 2007. These SSRS states indicate they have not yet sent out 2007 SSRS renewal notices, but are ready to do so, should the new Congress pass the extension early in 2007.
The SAFETEA-LU corrections bill might still be an option, but passage of such a bill is more uncertain than that of the long term CR. NARUC's Chris Mele will be attending the upcoming UCR Board meeting in Phoenix on January 15 to discuss these legislative matters.
Beyond the SSRS issue, little is known about other safety and security issues that could be on the agenda of the new Congress. Committee member and subcommittee assignments are just being finalized. Committee staff reorganization is also underway.
We will keep you informed on all of these issues as they develop.
2006
Important Issues Deferred to November Lame-duck Session
On September 30, the 109th Congress recessed until after the November elections. They will reconvene November 13 in a lame-duck session to take up unfinished business which consists of most of the FY 2007 appropriations bills including one that funds DOT (FMCSA) programs.
Before recessing, they passed a Continuing Resolution (CR) funding all government agencies and departments (except Defense and Homeland Security) at FY 2006 levels until November 17. The length of the lame-duck session and how quickly it will deal with the appropriations bills depends on which party controls the Senate or the House. If party control changes in either chamber (to the Democrats), then all bets are off as to what will pass and when. Action on the appropriations bills might then be deferred to the new 110th Congress that convenes this coming January. At this point, the chances of the House changing hands seems more of a possibility than the Senate.
This scenario also affects the disposition of issues important to CVSA members. It means that the MCSAP and other state safety grant programs will be funded at 2006 levels on an incremental basis (13.l5% of the 2006 annual funding level) through November 17th. It also means that it may not be until November, at the earliest, before SSRS states will know if the repeal of SSRS along with the effective date of the new UCR have been delayed for another 12 months until January 1, 2008. Efforts on the part of CVSA, the National Association of Regulatory and Utility Commissioners and AAMVA to get extension language in the Senate 2007 DOT appropriations bill were successful. Efforts are now underway to ensure that the House Appropriations Committee agrees to the Senate language in a Conference on the appropriations legislation.
Another possible, but less certain, legislative route to obtain the SSRS extension exists with the SAFETEA-LU corrections bill. It has passed the House, but did not clear the Senate before the recess. The House Transportation and Infrastructure Committee added SSRS extension language to this bill during the pre-conferencing process with the Senate. However, a provision was also added to the bill that would have allowed those states that levy a ton-mile tax on trucks to verify payment of such taxes with a windshield sticker. This would add one more exemption to a provision in SAFETEA-LU that along with creating the new UCR otherwise precludes windshield verification stickers except for one indicating participation in the UCR itself. The corrections bill was not voted on before the recess due to objections by the Senate Banking and Currency Committee over mass transit issues. Should these transit issues be resolved and the bill is considered again in the lame-duck session with the ton-mile tax sticker provision in it, this may be of concern to the trucking industry. Other possible last minute objections to the bill could also jeopardize chances of this bill passing the Senate. It takes the objection of only one Senator to prevent the bill from being considered on the Senate floor under unanimous consent.
Finally, Congress did pass the "Safe Port Act" before recessing that contained measures affecting truck safety and security supported by the Owner-Operator Independent Truckers Association (OOIDA). One dealt with the implementation of DOT Inspector General recommendations on legal status verification for licensed U.S. commercial drivers and on state implementation of drivers license anti-fraud programs. The DOT Inspector General has recommended that all CDL applicants demonstrate that they are either a U.S. citizen, a permanent legal resident (have a green card), or otherwise be legally present in the United States (have the appropriate visa or work permit). There was also a provision requiring DHS and DOT to draft guidelines for enforcement on how to identify non-compliance with Federal laws for trucks engaged in cross-border traffic and one requiring the FMCSA Administrator to modify their final rule regarding the enforcement of operating authority that would establish a process by which a carrier's operating authority can be verified during a roadside inspection.
Other News
Missouri Congressional Roundtable
In other news, CVSA member Ben Goodin, Motor Carrier Enforcement Administrator for Missouri's DOT, participated in a Congressional Roundtable on trucking regulation and homeland security held on October 3rd in Grain Valley, Missouri at the headquarters of OOIDA. It was sponsored by the U.S. House Subcommittee on Rural Enterprises, Agriculture and Technology. Congressman Sam Graves (6th-MO), Chairman of the Subcommittee, presided over the session. Among issues highlighted in Goodin's presentation was necessary preparation to meet the challenge of the arrival of foreign-domiciled carriers in Missouri. Bill Quade, FMCSA, also participated and discussed FMCSA's preparation to ensure the safety and compliance of Mexican trucks. Our congratulations to Congressman Graves, OOIDA and all of the participants in the Roundtable.
FMCSA Administrator Addresses Washington Transportation Group
FMCSA Administrator, John Hill, recently addressed a Washington transportation group, the Road Gang. He addressed FMCSA priorities for the next two years that included a more timely rulemaking process to address directives in SAFETEA-LU legislation with rules on electronic-on-board-recorders and carrier record keeping requirements due out shortly. Other priorities included establishing criteria for states that take advantage of a new SAFETEA-LU provision allowing states to use a percentage of their MCSAP funds for traffic enforcement; developing a driver data information resource making it easier to track drivers separately from carrier tracking; participating in a DOT department-wide traffic congestion mitigation effort; participating in a DOT "speed group" consisting of NHTSA, FHWA and FMCSA to address the issue of truck speeds; harmonizing the carrier rating process between the U.S. and Canada; working with Mexico to address the U.S. requirement of on-site carrier audits in Mexico; and maximizing the use to technology to improve motor carrier safety. Administrator Hill pointed out that a key component in the use of technology is better driver training for such systems as stability control, forward collision warning and cruise control.
Throughout his presentation, Hill stressed the importance of working closely with their state partners through CVSA in achieving the agency's priorities.
2006
FHWA Implements SAFETEA-LU Truck Parking Provision
RFP Issued Aimed at Easing Parking Shortage
In the August 28 Federal Register, the Federal Highway Administration (FHWA) issued a request for proposals from state and local governments to develop ways to ease the shortage of long term parking (10 or more consecutive hours) for trucks along highways. A wide range of projects may be eligible for funding under the $5.4 million FHWA is making available under SAFETEA-LU during the 2006. They may include construction of new spaces, capital improvements of existing parking facilities, and use of ITS technology to inform truck drivers on the availability of both public and private commercial vehicle parking spaces. Similar amounts are expected to be available annually through the 2009 fiscal year when SAFETEA-LU expires.
During the recent reauthorization process CVSA, the American Trucking Associations and the Truckload Carriers Association actively sought inclusion of this provision in SAFETEA-LU.
A copy of the Federal Register notice is attached.
2006
CVSA Legislative Update
Following up on our July 21 update in which we reported on the UCR-SSRS issue, we now have information on the state grant program funding levels in the 2007 fiscal year DOT Appropriations bill recently reported out of the full Senate Appropriations Committee. It is expected to come up for a vote on the Senate floor sometime in September.
The funding levels for motor carrier safety grants are virtually the same as in the House bill and are exactly in line with SAFETEA-LU authorization levels. They are:
| $ | 197 M | MCSAP |
| $ | 25 M | CDL |
| $ | 32 M | Border Grants |
| $ | 5 M | PRISM |
| $ | 25 M | CVISN |
| $ | 3 M | Safety Data Improvement |
| $ | 7 M | CDLIS Modernization |
In addition, the bill allocates $3.5 M of revenue aligned budget authority (RABA) from the Federal-aid highway program to the motor carrier safety grant account.
A copy of the Senate Appropriations Report is attached.
There are issues in the Senate Report such as state enforcement of farm operations and U.S. Mexico cross-border trucking that are not discussed in the House Report (see Legislative Update for June 29, 2006). We will be working on these issues and report back to you in the near future.
2006
Correction to July 21, 2006 Update
In last Friday's Update, we reported that the provision in the Senate Appropriations Committee's fiscal year 2007 bill for DOT delaying the repeal of SSRS by 12 months to January 1, 2008 also required the DOT and UCRS Board of Directors to complete their work of developing a plan by January 1, 2007. The deadline for DOT and the Board is April 1, 2007. We apologize for the error.
2006
Senate Bill Extends SSRS One Year
Yesterday, the full Senate Appropriations Committee approved HR 5576, the Transportation - Treasury - HUD - Judiciary appropriations bill for fiscal year 2007 that included language delaying the repeal of the Single State Registration System (SSRS) by 12 months to January 1, 2008. The statutory and report language are attached. It also requires the Department of Transportation and board of directors for the new replacement Unified Carrier Registration System (UCRS) to complete their job of developing a new replacement plan by January 1, 2007. This leaves the states one year to take all necessary steps so the new UCRS can be fully operational by January 1, 2008.
CVSA worked with the National Association of Regulatory Utility Commissioners and the National Conference of State Legislatures to get this measure included in the bill.
The details on levels of funding for MCSAP and other state grant programs will be provided early next week when the full text of the bill becomes available.
This bill will most likely come up for a vote on the Senate floor in September.
2006
CVSA Legislative and Regulatory Update
The following documents are attached:
- a letter sent to the House Subcommittee on Economic Security, Infrastructure Protection and Cybersecurity on HR 5604, The SAFE Trucker Act of 2006;
- comments filed with the Department of Homeland Security on Transportation Worker Identification Credential Implementation and Hazardous Material Endorsement for a Commercial Driver's License.
The SAFE Trucker Act of 2006 currently being considered by Congress is long overdue and a significant legislative step toward establishing a comprehensive risk-based threat assessment process in the Department of Homeland Security for determining a set of security sensitive materials. The proposed legislation would also limit the hazardous materials commercial driver background checks to those drivers transporting these security sensitive materials and creates a new subset of hazardous materials. Most importantly, it provides the basis for tying the above steps to a single security credential, the Transportation Worker Identification Credential (TWIC).
Whether the SAFE Trucker Act of 2006 will make its way to final passage in this session of Congress is uncertain because the mid-term elections abbreviates the Legislative Calendar.
The DHS's (Transportation Security Administration) proposed rulemaking on implementation of a Transportation Worker Identification Credential has provided CVSA with an opportunity to expand upon the security sensitive materials, threat assessments, credentials and enforcement issues commented on in our letter to the House Subcommittee.
Neither the SAFE Trucker Act nor the TSA rulemaking will be the final word on these issues. In fact, the effort to define the issues and the process to resolve them is just beginning. Through both the letter to the House Subcommittee and comments filed with TSA, CVSA is participating in this process.
2006
CVSA Legislative Update
The House has recently passed the FY 2007 appropriations bill allocating funding for the Department of Transportation that included FMCSA. A total of $521 million was approved that included $294 million for motor carrier safety grants, and $223 million for FMCSA's Operations and Programs (Administrative). These amounts are exactly in line with SAFETEA-LU authorization levels. Approximately $4 million in additional funding is made available for motor carrier safety grant programs under Revenue Aligned Budget Authority (RABA) to be transferred from FHWA to FMCSA.
The breakdown of the proposed FY 2007, $294 million allocation for motor carrier safety grants is as follows ('06 funded levels are presented for comparison):
'07 |
'06 |
||||
| $ | 197 M* | MCSAP | 188 M | ||
| $ | 25 M | CDL | 25 M | ||
| $ | 32 M | Border | 32 M | ||
| $ | 5 M | PRISM | 5 M | ||
| $ | 25 M | CVISN | 25 M | ||
| $ | 3 M | Safety Data Improvement | 2 M | ||
| $ | 7 M | CDLIS Modernization | 5 M | ||
| $ | 294 M** | Total | 282 M |
*298 M when including $4 M from RABA.
**197 M includes a $29 M takedown for the new entrant programs as well as takedowns for safety incentive and high priority state safety grants.
A copy of the Report accompanying the bill is attached.
The Senate Appropriations Subcommittee on Transportation, Treasury, and HUD is not expected to report out their bill until mid-July with a Senate floor vote coming in late July or in September after the August break. Hopefully a House-Senate Conference and final vote will occur before the adjournment of this session of Congress in October. It is too early to tell if a Continuing Resolution (CR) will be necessary as has been the case the past few years.
2006
FMCSA Appoints Uniform Carrier Registration Plan Board
Attached is a Federal Register Notice announcing direct appointment of the 15 member Board of Directors for the new Unified Carrier Registration (UCR) Plan mandated by SAFETEA-LU to replace the Single State Registration System (SSRS).
While this is good news, there is still concern that the Board will not be able to complete its work of developing a final plan and receiving comments on it from the states by September 1, 2006. This is the date on which the states must start registering carriers under the new plan in order to start collecting UCR fees from the carriers starting January 1, 2007.
If the SSRS expiration date of January 1, 2007 is not extended, the 39 states that now participate in the SSRS will lose this revenue stream. In many states this revenue is used for highway safety and motor carrier safety enforcement purposes.
CVSA is working with AAMVA, NARUC (National Association of Regulatory Commissioners), and the NCSL (National Conference of State Legislatures) to prevent this from happening by seeking a legislative solution in Congress that would extend the expiration date of the SSRS by one year. Key Congressional Committee staff in the Senate are working to determine a legislative process to resolve this problem within the remainder of the session for the 109th Congress. We will keep you informed on this issue.
FMCSA Announces Availability of Grant Money for CDL Program Improvement
Also attached is a Federal Register Notice announcing the availability of CDL grant money for the states from FMCSA. The annual authorized level for the overall program in SAFETEA-LU is $25 million. The notice details the criteria for awarding the grants that are designed to improve implementation of the CDL program in the states.
An important item to note is if funds remain available after allocations to states are made for applications submitted by June 8, 2006, FMCSA will consider additional applications until all available funds have been allocated.
- Establishment of UCR Plan Board of Directors
- Availability of Grant Program Funds for CDL Program Improvements
2006
FMCSA Announces Availability of Motor Carrier Safety Assistance Program Grant Funds
Attached is an FMCSA notice announcing the availability of the Basic/Incentive grant funds and High Priority and New Entrant grant funds.
Applications for the Basic/Incentive grants are due August 1 of each year. Applications for FY 2006 High Priority and New Entrant grants are due April 28.
The notice also lists those items that must be included in the application package.
2006
CVSA Legislative/Regulatory Update
Attached is the most recent policy guidance memorandum issued by FMCSA on April 4, 2006 covering all of the hours-of-service exemptions in SAFETEA-LU and superseding the previous preliminary policy guidance memorandum on these exemptions issued on September 6, 2005.
A significant change from the September 6 memorandum is on page 5 in the last paragraph under item 3, SAFETEA-LU Section 4132-Hours of Service for Operators of Utility Service Vehicles, in which FMCSA has determined that intrastate utility service drives are exempt in addition to interstate utility service drivers.
2006
House Subcommittee on Highways, Transit, & Pipelines Holds Hearing on Curbside Bus Operators
On March 2, the House Subcommittee on Highways, Transit, and Pipelines held a hearing on curbside bus operators. These bus operations have been increasing over the last two years, especially in the Northeastern United States. Thus far, FMCSA has identified 24 curbside operators that operate approximately 200 motorcoaches. They generally offer discounted prices for intercity service and, to some extent, offer charter and tour bus service. Many of them show little or no inspection history, and are difficult to identify because they do not operate from an identifiable place of business. They literally do their business at the curbside and depend on word of mouth marketing. The safety of these operations has come into serious question. In addition, many of these operators do not operate in compliance with the Americans with Disabilities Act.
Hearing witnesses included FMCSA Administrator Annette Sandberg and representatives from the American Bus Association, Advocates for Highway and Auto Safety, the Disability Rights Education and Defense Fund, the Transit Unions, and two owners of curbside operations.
All of the witnesses, with the exception of the curbside operators themselves, emphasized the need for stepped-up enforcement of the federal motor carrier safety regulations against these operators. The greatest enforcement challenge, however, appears to be the fact that when enforcement action is taken against these operators and they are shut down, the next day they will again resume operations under another business name. Thus, current and updated information on these carriers in FMCSA's database is essential.
In addition to initiating special strikeforce enforcement activity against curbside operations in the Northeast in conjunction with the respective state enforcement agencies, FMCSA Administrator Sandberg outlined other elements of a National Motorcoach Safety Program FMCSA plans to implement that include:
- Increased motor coach compliance reviews;
- Development of a separate compliance review prioritization system for motorcoach carriers;
- Reduction motor coach fires;
- Expedited safety audits of new entrant motorcoach carriers ( to be done in nine months instead of 18 months;
- Establishment of a formal motorcoach inspection program in all states; this is to be achieved by requiring each state enforcement plan to address the issue of bus safety.
Also, the Advocates for Highway and Auto Safety called for upgrading the testing requirements for entry-level Commercial Driver Licenses for motorcoaches and requiring special entry-level and advanced motorcoach driver training.
The Subcommittee is expected to make recommendations based on the testimony received that will be implemented either through legislation or stronger regulatory and enforcement action by FMCSA. It is possible that the Subcommittee may ask the DOT Inspector General or the GAO to study curbside operations in greater depth and make recommendations necessary to ensure a high level of public safety.
2006
DOT (FMCSA) Proposed FY 2007 Budget
The following is a brief summary of the proposed FMCSA budget for FY 2007 covering state grant programs:
| FY 2005 | FY 2006* | FY 2007 | |
| Enacted | Enacted | Proposed | |
| (before-reauthorization) | (post-reauthorization) | (post-reauthorization) | |
| MCSAP | $169 M | $188 M* | $201 M* |
| CDL | $21 M | $25 M | $25 M |
| CVISN | (FHWA) | $25 M | $25 M |
| Border | $32 M | $32 M | $32 M |
| CDLIS | N/A | $5 M | $7 M |
| PRISM | $5 M | $5 M | $5 M |
| Data Improv. | N/A | $2 M | $3 M |
| HM Border | N/A | N/A | $9 M |
- FY 2006 amounts subject to 1% recission
- FY 2006 and FY 2007 MCSAP totals include $29 M new entrant line item
The proposed FMCSA FY 2007 budget would fund all items at or above authorized levels. Final Congressionally approved funding levels are dependent upon hearings and mark-up proceedings by the Appropriations Subcommittees in the House and Senate with jurisdiction over the DOT budget.
A more detailed breakdown of the FY 2007 proposed budget will be forthcoming in the next several weeks.
