House Appropriations Committee Issues Report on DOT, HUD, Related Agencies Appropriations Bill, 2018 (Part 3 of 8)
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(TABLE OMITTED)
This limitation controls FMCSA spending on salaries, operating expenses, and research. It provides resources to support motor carrier safety program activities and to maintain the agency's administrative infrastructure. This funding supports nationwide motor carrier safety and consumer enforcement efforts, including the Compliance, Safety, and Accountability Program, regulation and enforcement of freight transport, and federal safety enforcement at the
COMMITTEE RECOMMENDATION
The Committee recommends
The Committee continues bill language specifying funding amounts for the research and technology program and adds language specifying funding amounts for information management, both to remain available until
Bus lease and interchange rule.--On
Wireless roadside inspection programs.--The Committee remains concerned about the FMCSA wireless roadside inspection program's impact on private sector innovation and motor carrier safety and operations. The Committee urges the Secretary to continue to monitor this program, as well as other commercially available systems and products, and to take steps to avoid any conflict with existing non-Federal electronic screening systems, duplication of commercially available software applications, overreach of existing authority, and failure to address privacy concerns.
30-minute rest period exemptions.--The 30-minute rest period appropriately seeks to protect safety by ensuring that drivers are not driving more than eight hours without a thirty- minute, non-driving rest period. FMCSA has granted a number of exemptions to these regulations without compromising safety in order to meet the needs of specific industries. Drivers that make multiple stops throughout the day and are working during those non-driving periods, including the loading and unloading of products to be delivered, are experiencing routine breaks from driving while performing on-duty activities. When evaluating exemption requests, the Committee encourages FMCSA to consider: (1) the safety benefits of making routine stops during the day, (2) the safety benefits of drivers remaining physically active during non-driving periods, and (3) the safety implications of adding additional vehicle miles operated to the road if exemptions are not granted.
Safety management system data sharing.--The Committee believes that, as important safety partners, motor carrier insurers should have the same access to safety management system (SMS) data as the motor carriers they insure. The Committee therefore urges FMCSA to implement appropriate credentialing that will allow insurers or potential insurers of motor carriers access to SMS data. The Committee believes that doing so will advance highway safety. The Committee urges the Department to provide for such access within the time frame specified in Sections 5221-5223 of the FAST Act for implementing improvements to the Compliance, Safety, Accountability Program and SMS, and restoring public access to previously available information.
Livestock and insect carriers.--FMCSA has been responsive to problems encountered by motor carriers attempting to comply with the hours-of-service (HOS) regulations while transporting live cargo. The requirement that drivers take a 30-minute break no later than eight hours after coming on duty is problematic for livestock which can become overheated and may sometimes die without the air flow provided by the motion of the truck. A 30- minute break also extends the time animals must spend on the vehicle which is unavoidably stressful. When approached for relief, FMCSA issued a 90-day waiver of the break requirement to get agricultural carriers through the heat of the summer months. The Agency followed up with a 1-year exemption, and because no adverse effects on highway safety were observed, it subsequently extended the exemption for an additional 2 years. Transporters of bee hives reported similar problems with the 30-minute break and FMCSA granted those carriers a 2-year exemption from the break requirement as well. Recognizing the significance of the problem identified by livestock and bee transporters (and other segments of the motor carrier industry),
Livestock transporters have also drawn attention to the FMCSA rule that limits driving time to 11 hours within a 14- hour window after the driver comes on duty. Although drivers transporting "agricultural commodities," including livestock, are exempt from the HOS regulations while operating within 150 air-miles of the source of such commodities, livestock haulers sometimes make deliveries well beyond the exempt zone. On these trips, they may exceed the 11- and 14-hour limits, even though their HOS "clock" does not start until they go beyond the 150 air-mile radius. The Committee directs FMCSA to balance the welfare of livestock and the risks of driver fatigue on trips beyond the exempt zone and to pay close attention to the special circumstances of agricultural transporters. FMCSA shall continue using its regulatory tools to grant relief that appropriately reconciles highway safety with the unique needs of these carriers and their living cargo.
Regulatory compliance burdens on small carriers.--Small and independent commercial freight carriers are the backbone of the trucking industry and several rulemakings advanced under the previous administration have placed an unusually heavy burden on this critical segment of the trucking industry. While the Committee acknowledges the importance of ensuring the safety of truckers and the rest of the driving public, new regulations must be implemented and enforced in a way that is mindful of the thousands of small businesses that bear the cost of compliance. For example, the Electronic Logging Device (ELD) mandate is projected to cost over
The Committee is concerned by reports of serious complications associated with implementation. Many significant technological concerns remain unresolved, including certification of devices, connectivity problems in remote locations, cyber vulnerabilities, and the ability of law enforcement to access data. Further, there are several industries such as carriers of livestock, insects, and other agricultural products that operate under a complex array of HOS exemptions due to the nature of their business and concerns remain as to whether the technology can process these exemptions. As a consequence, many carriers have delayed purchase and installation of ELDs until they can be certain the technology will be compliant. The Committee directs FMCSA to review ELD manufacturers technology platforms to confirm that devices not only meet standards and specifications necessary for all affected industries and fleet sizes to be compliant but also provide a user interface that is reasonably easy to navigate.
In light of the heavy burden of this mandate, especially on small carriers, the Committee directs the Department to analyze whether a full or targeted delay in ELD implementation and enforcement would be appropriate and, if so, what options DOT has within its statutory authority to provide temporary regulatory relief until all ELD implementation challenges can be resolved. FMCSA shall provide a report on its findings to the House and Senate Committees on Appropriations within 60 days of enactment of this Act.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(TABLE OMITTED)
FMCSA's motor carrier safety grants are used to support compliance reviews in the states, identify and apprehend traffic violators, conduct roadside inspections, and conduct safety audits of new entrant carriers. Additionally, grants are provided to states for improvement of state commercial driver's license oversight activities.
COMMITTEE RECOMMENDATION
The Committee recommends
The Committee recommends the following obligation limitations for programs funded under this account:
Motor carrier safety assistance program.............. (
High priority activities program..................... (43,100,000)
Commercial motor vehicle operator grants program..... (1,000,000)
Commercial driver's license program implementation program........................... (31,800,000)
Highly automated commercial vehicle research and development program................................. (100,000,000)
Highly automated commercial vehicle research and development program.--The Committee recognizes the rapid pace at which vehicle technology is developing, and is interested in validating the safety of these new technologies. As automated safety features continue to advance, it is imperative that DOT has a clear understanding of new technologies and related cybersecurity issues. Understanding how technology advances are evolving and converging will ensure that businesses, consumers, regulators, and other stakeholders are best able to navigate and implement new vehicle capabilities. To forward this understanding, the Committee recommendation provides
No less than
In addition to direct research and development activities, the Secretary shall solicit applications for autonomous vehicle project grants to test the feasibility of deployment through geographically contained demonstrations including but not limited to demonstrations of commercial freight corridors, commercial bus service, and ridesharing programs. In reviewing applications, the Secretary shall give priority to applicants that (1) evaluate HAV or ADAS technologies related to commercial motor vehicle and ridesharing applications, (2) include or are coordinated with research underway at designated automated vehicle proving grounds, (3) provide for the gathering and sharing of critical safety data with the government and other key stakeholders, or (4) evaluate HAV or ADAS applications that benefit transportation-challenged populations including the elderly, individuals with disabilities, and children.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 subjects the funds appropriated in this Act to certain terms and conditions regarding Mexican-domiciled motor carriers.
Section 131 requires FMCSA to send notice of 49 CFR section 385.308 violations by certified mail, registered mail, or some other manner of delivery that records receipt of the notice by the persons responsible for the violations.
Section 132 prohibits funds from being used to enforce the requirements of section 31137 of title 49, or any regulation pursuant to such section, with respect to carriers transporting livestock or insects.
Section 133 prohibits funds from being used to amend, revise, or otherwise modify safety fitness determination regulations until certain conditions are met.
Section 134 clarifies the preemption of certain state and local laws and regulations by federal laws and regulations related to motor carriers, and makes such preemption retroactive to the date of enactment of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103-305).
The
NHTSA's mission is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes through education, research, safety standards, and enforcement activity. To accomplish these goals, NHTSA establishes and enforces safety performance standards for motor vehicles and motor vehicle equipment, investigates safety defects in motor vehicles, and conducts research on driver behavior and traffic safety.
NHTSA provides grants and technical assistance to state and local governments to enable them to conduct effective local highway safety programs. Together with state and local partners, NHTSA works to reduce the threat of drunk, impaired, and distracted drivers, and to promote policies and devices with demonstrated safety benefits including helmets, child safety seats, airbags, and graduated licenses.
NHTSA establishes and ensures compliance with fuel economy standards, investigates odometer fraud, establishes and enforces vehicle anti-theft regulations, and provides consumer information on a variety of motor vehicle safety topics.
COMMITTEE RECOMMENDATION
The Committee recommends
The following table summarizes the Committee's recommendations:
(TABLE OMITTED)
The Committee recommends funding levels that provide NHTSA with sufficient resources to continue its critical work improving the safety of passenger travel on the nation's highway system.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(TABLE OMITTED)
The operations and research appropriations support research, demonstrations, technical assistance, and national leadership for highway safety programs. Many of these programs are conducted in partnership with state and local governments, the private sector, universities, research units, and various safety associations and organizations. These programs address alcohol and drug countermeasures, vehicle occupant protection, traffic law enforcement, emergency medical and trauma care systems, traffic records and licensing, traffic safety evaluations, motorcycle safety, pedestrian and bicycle safety, pupil transportation, distracted and drowsy driving, young and older driver safety programs, development of improved accident investigation procedures, and emerging technology and cybersecurity research including automated vehicles.
COMMITTEE RECOMMENDATION
The Committee recommends
Automated vehicles.--The auto industry is in the midst of a seismic technological shift that will revolutionize the transportation of people and goods in our lifetime. Connected and self-driving cars have the potential to dramatically reduce the more than 40,000 lives lost on our roads and highways every year and fundamentally transform transportation networks. In addition to reducing roadway fatalities, automated vehicle (AV) technology will drastically improve mobility options for the elderly, persons with disabilities, and other individuals who cannot obtain a drivers' license. The Committee also believes that it is critical
The Committee is aware of the
The Committee continues to be concerned that the Department not create regulatory burdens to the safe development of AV technology and directs the Department to implement a streamlined application process for 49 CFR Part 555 exemption requests and grant or deny a request for exemption within 60 days. Furthermore, the Committee is encouraged by the Department's commitment to respond to interpretation requests of existing federal motor vehicle safety standards within an expedited timeline and encourages the Department to provide these responses within 30 days of submittal.
While there is great promise with the development of advanced driver automation systems (ADAS) technologies, including fully automated vehicles, there are many potentially unexpected consequences in driver cognition and the ultimate safety and success of the automation systems. The Committee is concerned that insufficient research has been conducted around the impact ADAS technologies will have on driver cognition, specifically driver fatigue and situational awareness. The Committee directs NHTSA to work collaboratively with industry and academia to conduct research on the relationship between driver automation technologies and cognitive response. Since several automation systems with near-term deployment opportunity are focused on commercial vehicles, the committee recommends this research focus initially on the trucking industry.
The transition to self-driving vehicles will take place over many years during which these vehicles will interact, and sometimes collide with, vehicles driven by humans. Our legal system has a vast amount of experience apportioning liability after auto accidents but that task could be made more difficult should access to data from AVs involved in accidents be limited. Automakers in both
Highway-rail grade crossing safety.--NHTSA has vast experience in addressing driver behaviors that threaten highway safety. Highway-rail grade crossings pose a major risk to highway safety and are an ongoing challenge for the safety community. Eliminating the most hazardous grade crossings will help reduce the risk to automobile and train passengers. The Committee urges NHTSA to work with states to target resources toward the most hazardous crossings. Additionally, increased public awareness will help educate drivers on the dangers of entering active highway-rail grade crossings. Therefore, the Committee recommends that up to
Crashworthiness research.--The Committee recognizes the importance that lightweight plastics and polymer composites play in meeting consumer demand for innovative vehicles, increased fuel efficiency, and improved automotive structural safety. At the same time, the Committee recognizes there has been an increase in vehicle crashes, injuries, and fatalities that could be mitigated in part by the safety capabilities of these lightweight materials. NHTSA is encouraged to prioritize research of updates to countermeasures in its frontal, side, rollover, front seatbacks and lower interior impacts for children and small adults, as well as pedestrian crashworthiness research, with an emphasis on vehicle light- weighting. NHTSA should leverage existing research being done by the
Truck underride safety research.--The Committee notes that NHTSA's proposed rulemaking in
Child hyperthermia prevention.--In prior years, the Committee has recognized the severe child safety crisis involving children left alone in motor vehicles that die of hyperthermia. The Committee has favorably cited the awareness programs conducted by NHTSA. In the 19 years since records have been maintained, more than 700 children, mostly three years old or younger, have died in this tragic way. While progress was made in 2014 and 2015, there were 39 deaths in 2016, and several children have died in early 2017. The Committee therefore directs NHTSA to continue its public education and outreach efforts on child hyperthermia prevention through a public call to action encouraging public messaging and the involvement of a broad coalition of organizations, government agencies, medical professionals, and others who regularly interact with parents and the public. The campaign should focus on parents and caregivers who transport children and encourage bystanders to take action when they see children left alone in cars. We urge that the campaign commence earlier in the year compared to prior campaigns. In addition to public awareness, the Committee urges NHTSA to continue to pursue technological solutions in coordination with industry that can serve as a reminder to parents to remove children from the rear seat prior to leaving their vehicle.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(TABLE OMITTED)
The highway traffic safety state grant programs authorized under the FAST Act include: Highway Safety Programs, the National Priority Safety Program, and the High Visibility Enforcement Program.
These grant programs provide resources to states for highway safety programs that are data-driven and that meet states' most pressing highway safety problems. They are a critical asset in reducing highway traffic fatalities and injuries.
COMMITTEE RECOMMENDATION
The Committee recommends
The Committee recommends the following funding allocations for grant programs:
Highway safety programs (section 402)................. (
National priority safety programs (section 405)....... (280,200,000)
High visibility enforcement program................... (29,900,000)
Administrative expenses............................... (26,329,000)
Drug recognition expert and advanced roadside impaired driving enforcement training.--The Committee is concerned about increasing rates of impaired driving, especially as additional states consider and adopt measures to decriminalize marijuana. The use of marijuana, other illicit drugs, and certain prescription drugs before or while driving is a critical public safety issue and the Committee has previously instructed the agency to conduct a study of marijuana-impaired driving to fulfill the requirement of the FAST Act. The Committee recognizes the importance of impaired driving countermeasures at the community level in protecting public safety, and encourages NHTSA to expand its efforts with law enforcement to increase awareness and use of Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training particularly in those states that have adopted recreational or medicinal marijuana laws. The Committee urges NHTSA to expand its efforts to increase awareness and use among law enforcement of DRE and ARIDE training.
Driver alcohol detection system for safety (DADSS).--The FAST Act includes a total of
Safety promotional materials.--For the purpose of federal grants administered by NHTSA, safety equipment purchased for traffic safety educational trainings, such as child car seats, bicycle helmets and lights, and reflective vests, shall not be considered promotional materials or memorabilia.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Section 140 provides limited funding for travel and related expenses associated with state management reviews and highway safety core competency development training.
Section 141 exempts from the current fiscal year's obligation limitation any obligation authority that was made available in previous public laws.
Section 142 prohibits funding for the national roadside survey.
Section 143 prohibits funds from being used to mandate global positioning system tracking without providing full and appropriate consideration of privacy concerns under 5
The
SAFETY AND OPERATIONS
Appropriation, fiscal year 2017.......................
Budget request, fiscal year 2018...................... 199,000,000
Recommended in the bill............................... 218,298,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +19,298,000
The safety and operations account provides funding for FRA's safety program activities related to passenger and freight railroads. Funding also supports salaries and expenses and other operating costs related to FRA staff and programs.
COMMITTEE RECOMMENDATION
The Committee recommends
Railroad safety information system (RSIS).--The recommendation includes a total of
Automated track inspection program (ATIP).--The Committee's recommendation includes
Safe transportation of energy products.--The Committee includes funding for FRA's safe transport of energy products programs. The program includes funding for crude oil safety inspectors, safety route managers and tank car quality assurance specialists, tank car research and increased mileage of ATIP on routes that carry energy produces.
Positive train control (PTC).--The Committee provides
Confidential close call (C3RS).--C3RS provides insights about precursor behavior that may lead to human-factor-caused accidents, which account for about one-third of rail accidents. The recommendation includes
Trespasser Prevention.--Trespasser fatalities (not including suicides) represent nearly half of all rail operation related fatalities in the
Bridge support program.--FRA developed a bridge inventory database and a bridge management plan review risk model. The Committee provides
The Committee looks forward to receiving studies on standards and protocols to facilitate a passenger and freight rail line at international land crossings between
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2017.......................
Budget request, fiscal year 2018...................... 39,100,000
Recommended in the bill............................... 40,100,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +1,000,000
The railroad research and development program provides science and technology support for FRA's policy and regulatory efforts. The program's objectives are to reduce the frequency and severity of railroad accidents through scientific advancement, and to support technological innovations in conventional and high speed railroads.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of
Safe transportation of energy products (STEP).--The Committee provides
Short-line safety.--The Committee's recommendation includes
Intelligent railroad systems.--The Committee's recommendation includes
System safety and risk reduction programs.--The Committee recognizes that continued investments in critical rail infrastructure programs will make our rails, railcars, and trains safer for all who use them. Therefore, the Committee urges FRA to prioritize investments in the development of technologies designed to verify the functional performance of complex electronic systems such as: positive train control, electronically controlled pneumatic brakes, automated train control, passenger door control, train communications, train environmental control, and railcar signs. In addition, the FRA should work with industry to develop standardized performance verification and diagnostics for such systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Railroad Rehabilitation and Improvement Financing (RRIF) program was established by Public Law 109 178 to provide direct loans and loan guarantees to state and local governments, government-sponsored entities, and railroads. Credit assistance under the program may be used for rehabilitating or developing rail equipment and facilities. No Federal appropriation is required to implement this program.
The Committee continues bill language specifying that no new direct loans or loan guarantee commitments may be made using Federal funds for the payment of any credit premium amount during fiscal year 2018, except for Federal funds awarded in accordance with section 3028(c) of Public Law 114- 94. The Committee directs GAO to report on the efficacy of and implications to the RRIF program and communities of allowing Federal funds to serve as the credit risk premium for RRIF loans, and what type of Federal funds would likely be used for this purpose.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
Appropriation, fiscal year 2017.......................
Budget request, fiscal year 2018...................... 25,945,000
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +475,000,000
Budget request, fiscal year 2018.................. +474,055,000
The FAST Act authorized the federal-state partnership for state of good repair under section 11302. The purpose of these grants is to reduce the state of good repair backlog on publically-owned or Amtrak-owned infrastructure, equipment, and facilities. Eligible activities include capital projects to (1) replace existing assets in-kind or with assets that increase capacity or service levels, (2) ensure that service can be maintained while existing assets are brought into a state of good repair, (3) bring existing assets into a state of good repair.
COMMITTEE RECOMMENDATION
The Committee recommends
According to the
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
Appropriation, fiscal year 2017.......................
Budget request, fiscal year 2018...................... 25,000,000
Recommended in the bill............................... 25,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -43,000,000
Budget request, fiscal year 2018.................. - - -
Authorized under Section 11301 of the FAST Act, the purpose of the consolidated rail infrastructure and safety improvement (CRISI) grants is to improve the safety, efficiency, and reliability of passenger and freight rail systems. Eligible activities include a wide range of capital, regional and corridor planning, environmental analyses, research, workforce development, and training projects.
COMMITTEE RECOMMENDATION
The Committee recommends
The Committee is encouraged by the efforts of commuter railroads to develop and implement PTC. While the technological and financial hurdles can be formidable, PTC is a lifesaving technology that enjoys broad support across the nation. The Committee encourages the Department to make certification a priority and to provide the necessary technical assistance to commuter railroads as they move toward full implementation.
GRANTS TO THE
Amtrak, created as a for-profit business in 1970, operates trains on over 20,000 miles of track owned by freight railroad carries, and over 654 miles of its own track, most of which is on the Northeast Corridor (NEC) from
The FAST Act authorizes funds for Amtrak through 2020 under a new structure that includes two lines of businesses, the Northeast Corridor (NEC) that runs from
Congressional budget justification.--The Committee appreciates the level of detail in the fiscal year 2018 budget justification and directs Amtrak to submit justification with a similar level of detail for fiscal year 2019.
NORTHEAST CORRIDOR GRANTS TO THE
Appropriation, fiscal year 2017.......................
Budget request, fiscal year 2018...................... 235,000,000
Recommended in the bill............................... 328,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. + 93,000,000
The Committee recommends
NATIONAL NETWORK GRANTS TO THE
Appropriation, fiscal year 2017.......................
Budget request, fiscal year 2018...................... 525,000,000
Recommended in the bill............................... 1,100,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -67,000,000
Budget request, fiscal year 2018.................. + 575,000,000
The Committee recommends
ADMINISTRATIVE PROVISIONS
Section 150. The Committee continues a provision that limits overtime to
Section 151. The Committee includes a provision prohibiting funds from being used for high speed rail in
Section 152. The Committee includes a provision prohibiting the
Continues with Part 4 of 8
House Financial Services Committee Issues Report on National Flood Insurance Program Administrative Reform Act
House Appropriations Committee Issues Report on DOT, HUD, Related Agencies Appropriations Bill, 2018
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