Truck Parts and Service

November 2017

Truck Parts and Service | Heavy Duty Trucking, Aftermarket, Service Info

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factory installation of aerodynamic and fuel effi cient products on all new trailers. Had it moved forward as planned, Phase 2's implementation would have signaled the beginning of the end for the retrofi t trailer technology market. But October's stay of execution from the U.S. Court of Appeals does not elimi- nate Phase 2's threat to the aftermarket. For aftermarket businesses selling these products, the future remains uncertain. For the EPA to reinstitute its ruling, it will need to prove it has the authority to regulate trailers under the Clean Air Act. The Truck Trailer Manufacturers Association (TTMA) questioned that authority in fi ling a lawsuit against Phase 2 nearly a year ago. That action was followed last month by another TTMA appeal to delay the January start date, cit- ing the EPA's response to TTMA's request that further rule making is needed. "The Clean Air Act grants authority to the EPA to regulate motor vehicles — specifi cally, 'self-propelled' vehi- cles," TTMA said in its petition. "Trailers are neither motorized nor self-propelled. Trailers move a tremendous amount of goods in interstate commerce. If Congress had intended for EPA to regulate trailers, it would have included trailers in the defi nition of a motor vehicle when it enacted the CAA." In announcing its stay of the regula- tions last month, the D.C. Court of Ap- peals wrote the TTMA's request satisfi ed the requirements for a stay. The long-term future for Phase 2's trailer regulations are now unknown. The EPA announced it will hold public meetings to discuss its trailer regulations and consider updates, but the extent to which it will fi ght the Federal court ruling is not clear. Regulatory rollbacks in other industries — both by Federal courts and the EPA itself — have created an air of uncertainty in the trailer marketplace. If Phase 2 returns in any capacity, it's likely to be altered from its initial version. Until last month, Phase 2's requirements fell into two main groups. For long box trail- ers (50 ft. or longer) such as dry vans and reefers, manufactur- ers were required to install trailer side skirts, low-rolling resistance tires and tire pressure monitoring or automatic tire infl ation systems on all new units. Phase 2 did not require the use of any specifi c brand for these categories — in its Final Rule the EPA writes more than 25 Sales & Marketing W W W . T R U C K P A R T S A N D S E R V I C E . C O M N o v e m b e r 2 0 1 7 | T R U C K P A R T S & S E R V I C E Trailer side skirts were set to be required under the EPA's Phase 2 regulations, which were postponed by a Federal court of appeals on Oct. 27, 2017. If Congress had intended for EPA to regulate trailers, it would have included trailers in the defi nition of a motor vehicle when it enacted the CAA. – Truck Trailer Manufacturers Association (TTMA)

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