Government Affairs and Policy Report – August 2024

Legislative

In a Nutshell

The House and Senate were in recess for most of the month, with plans to return on Sept. 9. The House passed 5 of its 12 appropriations bills before departing, while the Senate only reported most of its bills out of committee before departure. When Congress returns, there will be 13 legislative days left to resolve FY 2025 funding.

FY 25 Appropriations

The House voted for 6 of its 12 appropriations bills before recessing in August. One of the bills (appropriations for the Legislative Branch) failed on the floor vote, while the remaining six bills have been reported out of committee. The Senate scrambled to at least report 11 of its 12 bills out of committee prior to recess to position both chambers for final appropriations negotiations for FY 2025 funding.

However, with only 13 days left on the legislative calendar in Sept, before the end of the fiscal year, negotiations next month will focus on reaching an agreement on a continuing resolution (CR) to avoid the risk of a government shutdown before the November elections. Speaker Johnson intends to set up a vote in the House on an initial CR that includes controversial text blocking non-citizens from voting. It is not likely to pass, which will prolong negotiations; however, we believe an agreement will be reached to avoid a shutdown risk ahead of the elections; the only question will be its term. Once passed, though, it should set up a lame-duck session after the elections for final FY 2025 appropriations negotiations.

Tax

Before departing for the August recess, Majority Leader Schumer scheduled a vote in the Senate on HR 7024, the bipartisan tax bill passed early this year. The bill contains provisions to extend bonus depreciation at 100% and business interest deduction provisions, but it does not include the CERTS tax liability fix. It also contains provisions to expand the child tax credit, which Republican Senators oppose. The majority leader’s move was a political ploy to force Republican Senators to face a difficult vote before going home to campaign rather than any serious effort to move tax legislation this year. However, the tax battles will continue as both parties prepare to address the expiring tax provisions from the 2017 Tax Cuts and Jobs Act next year.

Tourism

On July 31, the Senate Commerce Committee reported a bill jointly sponsored by Senators Blackburn (R-TN) and Hickenlooper (D-CO), S 4212, to support and increase music tourism for domestic and international visitors to the US The bill explicitly incorporates music locations and events in the US into the Commerce Department’s framework for tourism promotion. There is also a companion bill in the House, sponsored by Rep. Harshberger (R-TN), HR 8843.

Regulatory/Administrative

US DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Request Comments on New Registration System

On Aug. 28, FMCSA published an information collection request notice in anticipation of launching its new online registration system, to be called the FMCSA Registration System or FRS. The FRS will replace the current Unified Registration System or URS. This notice is a procedural step to enable the agency to continue to collect the required information to register carriers and brokers or update their authorities, which, through the FRS, will be required to all be done online. The notice also provides a background summary of the new system initiative. Comments are due Sept. 27.

Input on Regulatory Guidance

On Aug. 13, FMCSA published notice requesting feedback as it reviews existing regulatory guidance to evaluate the need to eliminate or update such guidance materials. Comments are due Sept. 12.

FY 2025 Unified Carrier Registration (UCR) Fees

On June 17, the FMCSA published a final rule (including a fee schedule at the end)setting the 2025 Registration Year fees for the UCR program. The fees for 2025 will be ~25% more than in 2024. All states must enforce UCR requirements, regardless of being a member state participant. The UCR applies to all motor carriers and brokers required to register with FMCSA, including operators in Canada and Mexico. The 2025 UCR registration period will begin Oct. 1, 2024.

National Highway Traffic Safety Administration (NHTSA)

Renewal of Entertainer Motorcoach Seatbelt Exemption

On July 2, NHTSA published a notice requesting comments on a renewal of a 2-year exemption from the 3-point seat belt requirement for side-facing seats on entertainer motorcoaches. Thirteen (13) ABA Entertainer Motorcoach Council (EMC) members are seeking to renew the exemption granted in 2022. Comments were due Sept. 3, 2024.
ANPRM Updating FMVSS No. 207

On July 16, NHTSA published an advance notice of proposed rulemaking or ANPRM soliciting comments for updating FMVSS No. 207, “Seating Systems” and possibly FMVSS 202a, “Head Restraints.” The ANPRM covers seats, seat attachment assemblies, and their installation in passenger cars, multipurpose passenger vehicles, trucks designed to carry at least one person, and buses, including school buses. Currently, FMVSS 207 sets minimum requirements for seatback strength and associated restraining devices and adjusters and outlines a test procedure. FMVSS No. 202a specifies requirements for head restraints to reduce the frequency and severity of neck injuries in rear-end and other crashes. Comments are due Sept. 16.

Public Meeting on Safety Research Portfolio

On Aug. 23, NHTSA published notice of its multi-day virtual public meeting to share information on activities within the agency’s research programs. Advanced registration is required. It will be held Oct. 28-30, 2024.

Federal Transit Administration (FTA)

Exception to Charter Rule

Following opposition from ABA, FTA did grant the Chicago Transit Authority’s request to allow an exception to the charter regulations for the transit provider to provide some transportation services to the organizers of the Democratic National Convention that took place in Chicago, Aug. 19-22. ABA succeeded in having FTA investigate and monitor CTA’s outreach efforts, which led to CTA soliciting and several additional private operators receiving opportunities to support the event. However, as ABA has continually reminded operators, it is imperative to remain registered with the FTA Charter Bus Registration Website (registration must be renewed every 2 years).

US ENVIRONMENTAL PROTECTION AGENCY (EPA)

CARB Waiver Request for Advanced Clean Fleets (ACF) Rule

On Aug. 14, the EPA held a virtual hearing as part of its consideration of the California Air Resource Board’s or CARB’s request to waive the EPA’s preemption authority and allow it to adopt/enforce the ACF rule, which requires large fleets operating in California to begin purchasing zero emissions vehicles in 2024 and begin retiring internal combustion vehicles in 2025. Several bus companies and ABA testified at the hearing. NOW, interested parties can voice their support or opposition by filing written comments, as ABA will do. The docket and supporting materials can be found here. Comments are due Sept. 16.

US DEPARTMENT OF HOMELAND SECURITY (DHS)

Federal Emergency Management Agency (FEMA)

FY 2024 Intercity Bus Security Grant Awards

On Aug. 22, FEMA published its list (p. 21) of preparedness grantees for FY 2024. All grantees were ABA members; however, as initially announced, the funding awarded ($1.2 million) is below the amount allotted for the FY 2024 program ($1.8 million). ABA is seeking further clarification.

US DEPARTMENT OF THE INTERIOR (DOI)

National Park Service (NPS)

Road Based Commercial Tour (RBCT) Commercial Use Authorizations (CUAs)

On June 26, 2024, NPS posted a proposal to change its new online CUA registration system and require RBCT CUA applicants to use the system to obtain CUAs in 2025, limited to parks that historically required such CUAs. The proposal also noted that CUA fees would remain the same for 2025; however, in 2026, the fee structure would be standardized across parks and increased to $350 for the 2026 season and beyond. Also, more parks would be permitted to require RBCT CUAs for access. ABA filed comments on this proposal, and the comment period is now closed.

Yosemite National Park Visitor Access Management Plan (ANP)

In Dec. 2022, NPS began public outreach and soliciting comments to develop a visitor access management plan for Yosemite National Park. Following various hearings and comment periods throughout 2023, NPS developed and posted a draft ANP and environmental assessment on Aug. 14, 2024, to solicit comment on the specific proposal. The ANP aims to reduce overcrowding and traffic congestion, expand tools to better pace park vehicle volume, and provide equitable visitor access while ensuring operational sustainability and protection of park resources. Click here for details on the Draft ANP and the outreach process. Comments are due Sept. 30.

US DEPARTMENT OF LABOR (DOL)

Occupational Safety and Health Administration (OSHA)

Heat Standard Notice of Proposed Rulemaking (NPRM)

On Aug. 30, OSHA formally published an NPRM establishing standards to protect from heat injury and illnesses in both outdoor and indoor work settings. The proposal would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, transportation, and agriculture sectors where OSHA has jurisdiction. Briefly, the rule would require employers to create a plan to evaluate and control heat hazards in their workplace and clarify employer obligations and the steps necessary to protect employees from hazardous heat effectively. Comments are due Dec. 30, 2024.