In brief: border changes, independent contractor rule and fuel shortages

From the elimination of commercial vehicle traffic in El Paso to Nebraska's fuel shortage, read some of today's top industry news.

Commercial vehicle traffic to be eliminated on the Bridge of the Americas, Texas

Authorities in Texas and the U.S. General Services Administration have decided to move forward with a plan to eliminate commercial vehicle traffic on the Bridge of the Americas in El Paso as part of a port modernization project. This decision was confirmed on May 2 with the publication of the final environmental impact statement, which selected Alternative 4 as the preferred option after a public comment period that began in September 2024.

The reasons cited for this decision include improved operational efficiency and safety for personnel and travelers, as well as reduced noise and air pollution in nearby residential areas. The plan also aims to more evenly distribute commercial traffic across other ports of entry in the region.

Despite support from some U.S. officials, the plan has faced opposition from Mexican authorities, who warn it may lead to increased costs and wait times at the border. However, the Texas Department of Transportation maintains that data shows commercial vehicle traffic on the Bridge of the Americas has declined in recent years.

Construction is scheduled to begin in spring 2027 and be completed by summer 2030. The project continues with the goal of modernizing infrastructure to meet both federal requirements and local concerns.

DOT issues new guidance on independent contractor rule

The U.S. Department of Labor has issued new guidance on the classification of workers as employees or independent contractors, while considering rescinding the 2024 rule, which remains in effect but is under legal dispute. Although the 2024 rule was designed to replace a 2021 rule approved under the Trump administration, it is now being legally challenged, particularly by companies in the transportation sector.

The new guidance, while similar in content to the 2024 rule, omits its extensive regulatory details and instead relies on a 2008 guidance that uses seven key factors to determine employment relationships. This omission gives the Department more discretion in decision-making, while maintaining workers’ rights and employers’ obligations under the Fair Labor Standards Act.

The 2024 rule is technically still in effect, meaning workers may still file misclassification claims. However, if the Trump-era rule is reinstated, such claims may become invalid. In the meantime, the Department has chosen not to enforce the 2024 rule in its investigations, reflecting a shift in its compliance approach.

Fuel shortage in Nebraska

In recent weeks, Nebraska has declared a state of emergency due to a fuel shortage caused by high demand for petroleum products. This has forced carriers to travel longer distances and face delays at terminals to meet the state’s needs. In response, a temporary waiver has been issued suspending maximum driving time limits for vehicles transporting various fuels, effective through May 15.

The order requires that drivers not operate if they are ill or fatigued, and those requesting rest must be given 10 consecutive hours off duty. Drivers operating under the declaration must also carry a copy of it as proof of direct support. Kansas issued a similar measure, effective through May 13, due to regional supply issues.

As for prices, the national average for diesel is $3.497 per gallon, while in the Midwest it stands at $3.432 per gallon, down 2.4 cents from the previous week.