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By Cecile Entleitner, Associate, Blakey & Agnew
As we begin the new calendar year, both Congress and the Administration are gearing up to advance their policy priorities for 2020. Some of these legislative and regulatory proposals are annual formalities, while others have been years in the making. However, perhaps the biggest changes over the past decade have occurred in the technology sector, providing new prospects and challenges for lawmakers and federal agencies alike. Here's a closer look at some of the current and anticipated proposals addressing emerging technologies in transportation.
In late December, the U.S. Department of Transportation (USDOT) issued a request for information seeking stakeholder input to develop a National Freight Strategic Plan (NFSP). The requirement to establish the NFSP was first included in transportation legislation passed in 2012. Although a draft plan was published by the previous Administration, a final plan was never released. The 2015 FAST Act again directed USDOT to create a NFSP, adding a specification of eleven components the plan must address. These included assessments of current freight network performance as well as forecasts of future needs. The section criteria only briefly referenced technology within the portion of the plan pertaining to the assessment of barriers to improved freight transportation performance.
Although the final NFSP was due in 2017, the recent request for information is the first opportunity for public comment since the passage of the FAST Act. In addition to the eleven statutory components of the plan, USDOT is also soliciting feedback on several questions. Of these ten questions, three are focused on technological advancements, specifically pertaining to innovations such as Blockchain and Internet of Things, emerging technologies in freight infrastructure and facilities, and technological barriers to freight efficiency. These additions seem to demonstrate the growing impact of new technologies on the transportation industry, as well as USDOT's increased interest in and consideration of these advancements.
In recent years, the implementation and regulation of automated vehicles (AV) has been a recurring topic of interest both in the media and in Washington, DC. While driverless cars are often at the center of these discussions, there has been some activity related to automated freight operations across various transportation modes. In 2018, USDOT published its most recent automated vehicle (AV) guidance document titled, "Preparing for the Future of Transportation: Automated Vehicles 3.0." While previous iterations mostly focused on light vehicles, the 3.0 document was the first to incorporate all surface transportation modes, specifically addressing automation in commercial motor vehicles, intermodal port facilities, transit, and rail grade crossings. The new guidance document also updated USDOT's definition of "driver" and "operator" to note that these terms do not have to refer to a human and may include automated systems.
Following the publication of the 3.0 guidance, several federal agencies issued proposals or comment solicitations to further consider the implementation of these emerging technologies. Last year, the Federal Motor Carrier Safety Administration as well as the National Highway Traffic Safety Administration sought comments on how to safely integrate commercial motor vehicles equipped with automated driving systems and whether any current regulatory barriers to entry
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exist. After reviewing the submitted comments the agencies will decide whether to move forward with a formal rulemaking.
Similarly, the Maritime Administration published a request for information in August 2019 to further its research activities in the development and implementation of automated port systems and technologies. In the notice, the agency highlighted the unique nature of port facilities as an intersection of transportation modes within both domestic and international supply chains. Considering the scope of their operations, MARAD requested comments on a broad range of potential strategies, including the integration of autonomous vehicles, rail, vessels, infrastructure, and equipment. Additionally, the notice called for responses to several questions concerning the potential impacts on the workforce, safety considerations, funding, and regulatory or statutory barriers.
Recognizing the jurisdictional and oversight challenges individual modal administrations face when considering the deployment and regulation of new technologies, USDOT created the Non-Traditional and Emerging Transportation Technology Council. The Council, established in April 2019, is an internal deliberative body consisting of USDOT officials as well as representatives of each of its modal operating administrations. By offering a central point of contact for transportation technology discussions, USDOT hopes to streamline environmental review processes, project oversight, and safety authorizations. The Council plans to develop Department-wide processes and best practices to foster the implementation of innovative transportation technologies.
Over on Capitol Hill, lawmakers are reportedly working to draft new autonomous vehicle legislation, though it is unclear whether this proposal would incorporate provisions relating to heavy-duty vehicles. The Senate Commerce, Science, and Transportation Committee recently held a hearing featuring testimony from USDOT and National Transportation Safety Board officials on AV policy recommendations. During the hearing Senator Capito (R-WV) briefly touched on trucking technologies, advocating for increased safety measures (such as automatic breaking and other crash avoidance technologies) on roads with heavy truck traffic.
The capabilities offered by emerging technologies are becoming increasingly ingrained in every aspect of society, including transportation. As we enter the new decade, the ever-growing impacts of these innovations are sure to generate both novel opportunities and hurdles for policymakers. With several pending regulatory proposals and Congress working to develop its surface transportation reauthorization package in the coming months, 2020 could become the most significant year for new technologies to date.
Blakey & Agnew, LLC is a public affairs and
communications consulting firm based in
Washington, DC.
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