The Federal Motor Carrier Safety Administration (FMCSA) announced this week it will move forward with a proposed rulemaking that would require speed limiters commercial motor vehicles (CMVs) weighing over 26,000 pounds and operated in interstate commerce. The FMCSA, in conjunction with the National Highway Traffic Safety Administration (NHTSA), proposed a speed limiter rule back on September 7, 2016 that was never acted upon. That rule would have required speed limiters on newly manufactured CMVs. The FMCSA now says it intends to issue a supplemental proposed rulemaking that would require motor carriers to retrofit CMVs manufactured after 2003 with speed limiters.

According to the FMCSA, CMVs manufactured after this date are equipped with an electronic engine control units (ECUs) capable of governing maximum vehicle speed. Motor carriers would be required to retrofit ECUs by reprograming them for use as a speed limiter set at a maximum speed that will be determined by the FMCSA in a final rulemaking. As in the previous proposed rule, the new FMCSA proposal would apply to CMVs over 26,000 pounds operating in interstate commerce. The proposed rule would also require motor carriers to maintain the ECU limit for the service life of the vehicle.

FMCSA is seeking comments and data from interested parties regarding the adjustment or reprogramming of ECUs. The data collection includes:

1. What percentage of the CMV fleet currently uses speed limiting devices?
2. If in use, at what maximum speed are the devices generally set?
3. What training is needed for maintenance personnel to adjust or program ECUs to set speed limits?
4. What tools or equipment are needed to adjust or program ECUs?
5. How long would adjustment or reprogramming of an ECU take?
6. Where can the ECU adjustment be completed, on site, at a dealership or service center?
7. Do responses to questions 3 through 6 change based on the model year of the power unit?
8. Since publication of the proposed rule in September 2016, how has technology changed as it relates to the ability to set speed limits using ECUs?
9. Should FMCSA revisit using the 2003 model year as the baseline requirement for the rule?
10. Should FMCSA consider a retrofit requirement in the rule and, if so, should it be based on model year or other criteria, and what would the cost of such a requirement be?

The data collected will then be used to issue a proposed rule later in the year. EMA will comment on the proposed rule and welcomes your comments on the 10 questions listed above. Send your Comments to Mark Morgan, EMA Regulatory Counsel at mmorgan@emamerica.org before July 1, 2022.

EPA Agrees to Finalize RFS Annual Blending Volumes for 2021 and 2022 by June 3 

The U.S. EPA has entered into a consent decree with Growth Energy to issue minimum biofuel blending volumes under the renewable fuel standard (RFS) no later than June 3. The consent decree was the result of settlement of a lawsuit between the EPA and Growth Energy over the agency’s tardiness in meeting statutory deadlines for issuing blending volumes that ethanol producers and refiners rely on to manage production. The consent decree was approved by the U.S. District Court for the District of Columbia and covers the annual volumes under the RFS for 2021 and 2022.

The litigation centered around the annual volumes of conventional biofuel, such as corn ethanol, along with other renewables including advanced biofuels. The annual blending volumes for 2020 were finalized, but the EPA proposed to change them retroactively to reduce blending requirements for advanced biofuels. The upcoming rule to be finalized in June apply to volumes for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2021 and 2022, and the biomass-based diesel (BBD) applicable volume for 2022. The EPA is also expected to modify the volumes previously established for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2020. In addition, to address the remand of the 2014-2016 annual rule by the D.C. Circuit Court of Appeals, the EPA is proposing a supplemental renewable fuel (ethanol) volume of 250 million gallons in 2022, and 2023. EMA supports limiting annual corn ethanol blending volumes to 9.7 percent of projected gasoline demand to address E15 compatibility issues with underground storage tank equipment.

Meanwhile, Midwest governors sent a letter to the EPA requesting a permanent reduction in the Reid Vapor Pressure (RVP) gasoline standard in order to allow retailers to sell E15 year-round without the need to receive temporary waivers in the future. Unfortunately, requiring a lower RVP standard will likely increase prices at the pump and not result in any additional savings to motorists given ethanol’s lower energy content. According to the EIA, because ethanol contains about 67 percent of the energy content of gasoline per gallon, use of ethanol blends results in lower vehicle fuel economy (miles traveled per gallon) relative to gasoline that does not contain ethanol.