Government Affairs and Policy Report – September 2024
LEGISLATIVE
Nutshell
Following passage of a continuing resolution to keep the Federal Government funded a week in advance of the fiscal year deadline, both the House and Senate recessed. Members returned home to campaign and are expected to return to D.C. shortly following the elections for a lame-duck session.
FY 2025 Appropriations
Upon returning from the August recess, Speaker Johnson set up an initial attempt to pass a continuing resolution (CR) in the House to keep the Government funded beyond the Sept. 30 fiscal deadline. The proposed CR would have funded the Government into March of 2025 and included controversial text to prevent non-citizens from voting, as demanded by the conservative faction of the House. This effort failed on Sept. 18, and pressure from the Senate to initiate its own funding resolution led the Speaker to change course, offer a CR proposal to fund the Government through Dec. 20, and leave off controversial language. Due to the tight deadline and members anxious to return home to campaign, the second CR proposal quickly passed the House on the afternoon of Sept. 25. It was promptly passed by the Senate the same day, allowing both chambers to recess days in advance of the fiscal deadline. The President signed the measure on Sept. 26, avoiding a Government shutdown before the November elections. Congress is expected to return to start the “lame duck” session on Nov. 12, with FY 2025 appropriations to settle along with several other major programs for defense and agriculture. 025 appropriations negotiations.
Tax
Although there have been continuing discussions expressing interest in addressing several tax provisions this Congress and trying to do something on tax during the lame-duck session following the elections, it appears to be a long shot. Recall, 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 that includes extending bonus depreciation at 100% and business interest deduction provisions. However, Republicans in the Senate remain opposed to the bill. As well, with a number of provisions from the 2017 Tax Cuts and Jobs Act expiring in 2025, many hope to be in a better negotiating position in the next Congress.
REGULATORY/ADMINISTRATIVE
Kristin White was named Acting Federal Highways Administration Administrator on September 11, 2024, after previously serving as the Deputy Administrator and Chief Counsel.
Vinn White has been named Acting FMCSA Administrator and is the current Deputy Administrator.
U.S. DEPARTMENT OF TRANSPORTATION (DOT)
The DOT Advisory Committee on Human Trafficking (ACHT) makes triennial recommendations to the Secretary of Transportation on countering human trafficking in the transportation sector. On Sept. 6, the triennial report was published containing recommendations for countering human trafficking, an assessment of best practices by transportation stakeholders, and human trafficking violations involving commercial motor vehicles. The report recognized and highlighted the ongoing efforts of ABA and several members of the private motorcoach industry.
Federal Motor Carrier Safety Administration (FMCSA): Requests Input on New Registration System
FMCSA published notice announcing a public meeting to review its new registration system. FMCSA’s Registration Modernization Stakeholder Day III will be a hybrid event, taking place at the DOT Headquarters in Washington, DC for 100 participants (in-person) and 500 participants (via Zoom) on Oct. 21, 2024 from 1-4 pm. Click here to register for the online meeting.
FMCSA: Grants Hawaii Exemption from CDL Requirements
On Sept. 10, FMCSA announced its decision to grant an exemption to the Hawaii Department of Transportation (HDOT) to allow commercial driver’s license (CDL) holders with a passenger (P) endorsement to operate a school bus without holding a school bus (S) endorsement, provided an adult chaperone is present on the bus who is responsible for ensuring the safe loading and unloading of children. This exemption applies to drivers operating traditional school buses, i.e., buses designed to be school buses, and to motorcoaches and vans not designed to be school buses. Drivers operating motorcoaches or vans not designed to be a school bus must operate between designated central locations, such as parks or parking lots, and school or school-sponsored events. The exemption is effective September 10, 2024 and expires September 10, 2029.
FMCSA: FY 2025 Unified Carrier Registration (UCR) Fees
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.
Federal Transit Administration (FTA): Issues Transit Safety Directive
On September 25, the FTA issued a General Directive to address the safety risk related to assaults on transit workers. The General Directive requires each transit agency subject to FTA’s Public Transportation Agency Safety Plans (PTASP) Final Rule to conduct a safety risk assessment, identify safety risk mitigations or strategies, and provide information to FTA on how it is assessing, mitigating, and monitoring the safety risk associated with assaults on transit workers. For more information about the General Directive and to sign up for a webinar, click here. Comments to the General Directive are due Dec. 26, 2024. Click here to file comments.
FTA: Publishes Revised Grant Guidance
On Sept. 27, the FTA announced it had updated its program guidance and award management requirements for several grant programs. Motorcoach operators will want to review the changes to the Urbanized Areas Formula Grant Programs Guidance, C 9050.1A which covers the Urbanized Area Formula Grants Program (5307), the State of Good Repair Grants Program (5337), and the Urbanized Area formula component of the Grants for Buses and Bus Facilities Program (5339(a)) as well as the Rural Areas Formula Grant Program Guidance, C 9040.1H which covers the Buses and Bus Facilities Program (5339(a)); Formula Grants for Rural Areas Program (5311/5311(f)); and the Tribal Transit Program (5311(c)). Training briefings will be broadcast each Friday from Oct. 18 through November 15, 2024. The new guidance is effective as of Nov.1, 2024.
National Highway Traffic Safety Administration (NHTSA): 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. Click here to register.
U.S. DEPARTMENT OF THE INTERIOR (DOI)
National Park Service (NPS): Freedom Riders National Monument Master Plan
The Freedom Riders National Monument is developing a Master Plan for the Bus Burning Site in Calhoun County, Alabama. The site is the location where a violent mob set fire to a bus of Freedom Riders during the 1961 Freedom Rides, a movement to challenge discriminatory state laws and local customs that required racial segregation on buses and in bus station facilities. The bus burning site is one of two sites that comprise the national monument—the other being the Greyhound Bus Station in downtown Anniston, where the Freedom Riders initially encountered the mob and from which the bus departed. The NPS is currently welcoming public comment on preliminary management and design concepts. Comments are due Oct. 10, 2024. Click here to submit comments.
U.S. 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. Click here to file comments.
U.S. TREASURY DEPARTMENT
Internal Revenue Service (IRS): Tax Allowance Increase for Per Diem
On Sept. 20, the IRS announced a 16% increase to transportation workers’ allowable per diem rate. The basic per diem rate allowed by the IRS for meals and incidental expenses incurred by transportation workers rises to $80 per day in fiscal year 2025, which begins Oct. 1. The $80 figure is for the continental U.S. It’s $6 more than that for travel outside the continental U.S. A company can pay its workers a higher per diem than the IRS figure. Still, the general practice is to pay the same level that can be deducted from a company’s income tax liability. The 2025 per diem rates go into effect Oct. 1, 2024.
IRS: Proposed Increase to Alternative Fuel Vehicle Refueling Property Credit
On Sept. 19, the IRS published a notice of proposed rulemaking that aims to expand access to electric vehicle chargers, providing business tax credits of up to $100,000 for installation of clean transportation charging equipment. Click here to learn more about the proposal and how to claim the tax credit. Comments must be received by Nov. 18, 2024. Click here to file comments.
CANADA
On Sept. 12, the Canadian Council of Motor Transport Administrators (CCMTA) announced that they have been working on revisions to their Electronic Logging Device (ELD) Technical Standard. They are seeking industry feedback on the proposed updates to the ELD Technical Standard. There will be a 60-day consultation period for the ELD Technical Standard in which organizations can submit comments. Comments are due by Nov. 12, 2024. Click here to submit comments.
