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U.S. Secretary of Transportation Elaine Chao said at CES, an annual technology show in Las Vegas, that she plans to take steps toward creating policy guiding the development of self-driving transportation for trucks, buses, transit systems and trains. One of the steps that Chao plans to take toward creating this new policy is to deregulate these industries.
“I also want to take this opportunity to announce that the Department (DOT) will be seeking public input from across the transportation industry to identify existing barriers to innovation. This includes not only barriers that impact vehicles, but also impediments to innovations that can impact our highways, railroads, trains and motor carriers,” Chao said.
In response to Chao’s announcement, SMART Transportation Division National Legislative Director John Risch wrote in an email, “This rush to autonomous vehicles of all kinds should worry all transportation workers.
“We have been working with Congress to limit legislation on self-driving vehicles to automobiles and to not include buses and trucks. So far our efforts on that front have been successful,” Risch said. “We will continue to work on this issue, but the times they are a-changing.”
As part of Chao’s efforts to deregulate the transportation industry, notices for public comment have appeared in the Federal Register on behalf of DOT’s Federal Highway Administration (FHWA), Federal Transit Administration (FTA) and National Highway Traffic Safety Administration (NHTSA).
FHWA

  • Click here to read the Request for Information on Integration of ADS into the Highway Transportation System as published by the Federal Register – to be published 01/18

FTA

  • Click here to read the Request for Comments on Automated Transit Buses Research Program as published in the Federal Register
  • Click here to read the Request for Comment on Removing Barriers to Transit Bus Automation

NHTSA

  • Click here to read the Request for Comment on Removing Regulatory Barriers for Automated Vehicles from the Federal Register

U.S. Secretary of Transportation Elaine L. Chao has announced that Federal Aviation Administration (FAA) Deputy Administrator Daniel K. Elwell will serve as Acting FAA Administrator upon the conclusion of Administrator Michael Huerta’s term. Huerta’s term ended at midnight on Jan. 7, 2018.
“Our nation is grateful for Administrator Huerta’s service to the FAA and his commitment to aviation safety,” Chao said of Huerta.

Elwell

Elwell was appointed the FAA Deputy Administrator in June 2017. Elwell took office at 12:01 a.m. on Jan. 7. He was replaced as deputy administrator by Carl Burleson, the deputy assistant administrator for policy, international and environment in an acting capacity. FAA’s Deputy Assistant Administrator for Information and Technology Tina Amereihm has taken over as FAA chief of staff, replacing Chris Rocheleau. Rocheleau was recently named as executive director for international aviation.
Elwell has a wealth of experience with the FAA and other agencies, having held various positions such as FAA assistant administrator for policy, planning and environment from 2006 – 2008; senior vice president for safety, security and operations at Airlines for America from 2013 to 2015; and vice president of the Aerospace Industries Association from 2008 – 2013.
Elwell also served the airline industry as a commercial pilot for 16 years with American Airlines. He is also a former U.S. Air Force lieutenant colonel who saw combat during the Operation Desert Storm conflict.

In response to a petition of reconsideration filed by the American Short Line and Regional Railroad Association (ASLRRA) of the final rule that requires training, qualification and oversight for safety-related railroad employees, the Federal Railroad Administration (FRA) has issued a Notice of Proposed Rulemaking (NPRM) to delay the implementation of the rule for an additional year.
On Nov. 7, 2014, the FRA published a final rule that established minimum training standards for each category and subcategory of safety-related railroad employees and required railroad carriers to submit training programs to the FRA for approval. Railroads are required to submit their training programs to the FRA by May 1, 2018. Implementation of the programs is currently required by May 1, 2020. The NPRM proposes moving the May 1, 2018, date to May 1, 2019 and the May 1, 2020 implementation date to May 1, 2021. ASLRRA holds that they are still developing their training programs and won’t be ready for submission to the FRA before fall 2018.
The NPRM has been published in the Federal Register and is open for comments until Jan. 19.
Click here to read the NPRM.
Click here to submit comments to the FRA on the NPRM.

Last week, the SMART Transportation Division National Legislative Office submitted comments to the Department of Transportation (DOT) seeking input on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification. In our comments, we remind the DOT that many rules and regulations in the railroad industry were written in blood and that the reduction in overall accident rates are thanks to the various safety regulations issued by agencies like the Federal Railroad Administration.
Furthermore, we urged the DOT to continue to engage the Railroad Safety Advisory Committee (RSAC) for future rulemaking — a collaborative process that has been successful for nearly 20 years. Alternatively, the Association for American Railroads has called on the DOT to issue rules “based on a demonstrated need, as reflected in current and complete data and sound science; and non-prescriptive regulatory tools, like performance-based regulations…” while listing a number of existing federal requirements. We believe this approach would only undermine critical safety needs in the rail industry such as the need for two-person crews and ECP braking systems.
Here are SMART TD’s comments and comments submitted by AAR.

In a blow to safety, the U.S. Department of Transportation (DOT) repealed a 2015 Federal Railroad Administration (FRA) rule that required railroads to implement electronically controlled pneumatic (ECP) braking technology on trains hauling hazardous flammable contents.
“Clearly the railroad industry’s overwhelming influence over the Trump administration is paying off in repealing the ECP brake rule,” said SMART TD National Legislative Director John Risch. “ECP brakes are the safest, most advanced braking systems in the world and without some government requirement we will continue to use our current, outdated 150-year-old braking technology for the foreseeable future.”
The ECP brakes mandate was part of the 2015 rulemaking on DOT-117 tank cars. The rule stated that trains meeting the definition of a high-hazard flammable unit train (HHFUT) with at least one tank care with Packing Group I materials must be operated with ECP brakes by Jan. 1, 2021, or face reduced maximum speeds. All other HHFUT’s were required to have the system installed after 2023. DOT defines HHFUT as a single train with 70 or more tank cars loaded with Class 3 flammable liquids.
The Association of American Railroads has been lobbying for repeal of the rulemaking since its 2015 inception.
In Nov. 2017, Risch made comments to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in support of ECP braking technology. Click here to read those comments.

On Nov. 13, 2017, the Department of Transportation (DOT) published a final rule that, among other items, expands DOT’s current drug testing panel to include certain semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). Testing for methylenedioxyethylamphetamine (MDEA) has been removed while methylenedioxyamphetamine (MDA) has been added as an initial test analyte.
The final rule also clarifies existing drug testing program provisions and definitions, makes technical amendments and removes the requirement for employers and Consortium/Third Party Administrators to submit blind specimens. The final rule becomes effective Jan. 1, 2018.
“The opioid crisis is a threat to public safety when it involves safety-sensitive employees involved in the operation of any kind of vehicle or transport,” said DOT Secretary Elaine L. Chao. “The ability to test for a broader range of opioids will advance transportation safety significantly and provide another deterrence to opioid abuse, which will better protect the public and ultimately save lives.”
Click here to read more from DOT.
Click here to read the final rule as published in the Federal Register.
 

It happens every three hours in the United States: a person or vehicle is struck by a train. When this tragedy occurs, lives are changed forever: for the people involved in the crash, their family, friends and community, and the train crewmembers.
To raise awareness of the dangers of being on or around railroad tracks, the first U.S. Rail Safety Week is happening this year on September 24-30. This event is being spearheaded by Operation Lifesaver, Inc. in partnership with the U.S. Department of Transportation and other safety organizations.
Activities are being planned each day during the week to share lifesaving messages throughout our communities, including “Operation Clear Track” on Tuesday, September 26, a three-hour exercise to raise awareness and enforce the railroad grade crossing and trespassing laws.
 

The Rail Workers Hazardous Materials Training Program is pleased to announce the following HazMat/Chemical Emergency Response Training Programs. This training addresses OSHA and DOT required training in addition to procedures, different levels of response and worker protection in a hazardous materials emergency or release, weapons of mass destruction awareness and the incident command system. The training also provides completion of the OSHA 10-Hour General Industry Outreach requirements. The programs are delivered using interactive classroom instruction, small group activities, hands-on drills and a simulated hazmat response in full safety gear.
The Rail Workers Hazardous Materials Training Program is funded to provide this training by a federal grant from the National Institute of Environmental Health Sciences (NIEHS). This five-day hazmat training course will provide rail workers the essential knowledge, skills, and response actions in the case of an unintentional release. These tools will allow rail workers to protect themselves, their co-workers and their communities.
The funding provides the following student expenses: air travel, lodging and meals. In addition, an incentive of $175.00 per day is available to all training participants of these programs, except those who are able to secure regular pay through their employer, or are paid union officers.
The dates of the training class are as follows:

  • November 12-17, 2017
  • January 7-12, 2018
  • February 11-16, 2018
  • March 18-23, 2018

Training will be conducted at the Houston Fire Department’s Val Jahnke Training Facility, 8030 Braniff Street Houston, TX 77061.
Programs begin Sunday evenings* at 5:30 p.m. and conclude Fridays at 1:00 p.m. Students may be asked to travel on Saturdays to meet program start times or where substantial reductions in airfare warrant. When registering, please select dates in order of preference:
Click here for a printable information sheet.
Click here to register for classes.
For phone inquiries please call 202-624-6963, Monday through Friday, between the hours of 9 a.m. and 5 p.m. EST.

On July 10, the House Appropriations Committee released the fiscal year 2018 Transportation, Housing and Urban Development funding bill, which includes funding for the Department of Transportation (DOT), the Department of Housing and Urban Development and other related agencies.
Although the bill will fund many important transportation projects and agencies, including Amtrak, at the same time it eliminates funding for DOT’s TIGER grant program and prohibits any funding for the ongoing California high-speed rail project.

Tiger grant defunded

In effect since 2009, the Transportation Investment Generating Economic Recovery (TIGER) grant program provides funding to improve safety and economic opportunity. It has supported innovative projects including multi-modal and multi-jurisdictional projects and has improved access to reliable, safe and affordable transportation for communities.
Since the program’s inception, the TIGER grant program has provided a combined $5.1 billion to 421 projects in all 50 states and U.S. territories. Demand is high in the TIGER grant program and 2016 saw requests that far exceeded the available funds allotted to the program.
If the House Appropriations bill passes as is, this valuable and much sought after program will be eliminated.

SMART TD reaction to bill

“These levels of funding for Amtrak are significant compared to the White House’s disastrous plan to eliminate long distance trains,” said John Risch, SMART TD national legislative director. “There is still a long ways to go in the process. We will continue to work with the entire House and Senate to strike the awful language regarding California high speed rail and try to get increased funding for both transit and passenger rail.

“In North Dakota, there is a nasty big-truck provision in the bill that would increase allowable truck weights to 129,000 lbs. – that needs to be removed,” Risch continued. “North Dakota’s roads and bridges are already being pounded by oil industry trucks and this terrible idea makes it final that passage road conditions will get far worse.”

Transportation Funding Highlights

Department of Transportation (DOT) – The bill includes $17.8 billion in discretionary appropriations for the Department of Transportation for fiscal year 2018. This is $646 million below the fiscal year 2017 enacted level and $1.5 billion above the President’s request. In total budgetary resources, including offsetting collections, the bill provides $76.7 billion to improve and maintain our nation’s transportation infrastructure.
The bill targets funding to programs and projects that will increase efficiency, safety, reliability and quality of life for the traveling public, and that will help improve commerce and economic growth.

  • Air – Included in the legislation is $16.6 billion in total budgetary resources for the Federal Aviation Administration (FAA) – $153 million above the fiscal year 2017 enacted level and $435 million above the request. This will provide full funding for all air traffic control personnel, including 14,500 air traffic controllers, 7,400 safety inspectors and operational support personnel. The bill also builds on several years of increased funding by providing over $1 billion for the FAA’s Next Generation Air Transportation Systems (NextGen), and funds Contract Towers at $162 million. These investments will help ease future congestion and help reduce delays for travelers in U.S. airspace. In addition, the bill does not include new passenger facility and general aviation fees.
  • Highways – The bill allows $45 billion from the Highway Trust Fund to be spent on the Federal-aid Highways Program, which is $968 million above the fiscal year 2017 level. This funding mirrors the authorized levels and will provide much needed growth and improvements within America’s highway system.
  • Rail – The Federal Railroad Administration (FRA) is funded at $2.2 billion, $360 million over the fiscal year 2017 enacted level and $1.1 billion above the request. The bill provides a total of $1.4 billion for Amtrak, of which $328 million is for the Northeast Corridor grants, and $1.1 billion is to support the national network. The bill also continues to require overtime limits for Amtrak employees to reduce unnecessary costs. Rail safety and research programs are funded at $258.3 million, equal to the fiscal year 2017 enacted level. This will fund inspectors and training, plus maintenance and safety investments to the physical rail infrastructure, to help ensure the safety of passengers and local communities. The bill also provides funding for two authorized grant programs. It funds the Federal-State Partnership for State of Good Repair grants at $500 million, which will address some of the $38 billion backlog on the Northeast Corridor – needs that must be addressed simply to sustain current rail services. In addition, the Consolidated Rail Infrastructure and Safety Improvements Grants are funded at $25 million, a reduction of $43 million from the fiscal year 2017 enacted level. Eligible activities include capital and safety improvements, planning, environmental work and research. The bill prohibits funding for high speed rail in California, the California High Speed Rail Authority, and for FRA to administer a grant agreement with the Authority that contains a tapered match. The bill prohibits the Surface Transportation Board from taking action regarding the construction of high-speed rail in California unless the Board has jurisdiction over the entire project.
  • Transit – The bill provides $11.75 billion in total budgetary resources for the Federal Transit Administration (FTA) – $662 million below the fiscal year 2017 enacted level and $526 million above the request. Transit formula grants total $9.7 billion – consistent with the authorization level – to help local communities build, maintain and ensure the safety of their mass transit systems. Within this amount, $1.75 billion is included for Capital Investment Grants, and $1 billion for “Full Funding Grant Agreement” (FFGA) transit projects. Core capacity projects receive $145 million in the bill, $182 million is included to fund all state and local “Small Starts” projects, and $400 million is included for new projects that provide both public transportation and inner-city passenger rail service. These programs provide competitive grant funding for major transit capital investments – including rapid rail, light rail, bus rapid transit and commuter rail – that are planned and operated by local communities. Bill language limits the federal match for New Starts projects to 50 percent.
  • Maritime – The legislation includes $490.6 million for the Maritime Administration, $31.9 million below the fiscal year 2017 enacted level. This funding level will continue to increase the productivity, efficiency and safety of the nation’s ports and intermodal water and land transportation. The Maritime Security Program is funded at the full authorized level of $300 million.
  • Safety – The legislation contains funding for the various transportation safety programs and agencies within the Department of Transportation. This includes $927 million in total budgetary resources for the National Highway Traffic Safety Administration (NHTSA) – an increase of $15 million over the fiscal year 2017 enacted level – and $758 million is included for the Federal Motor Carrier Safety Administration (FMCSA), $113.6 million above the fiscal year 2017 enacted level.  Also included is $268 million for the Pipeline and Hazardous Materials Safety Administration (PHMSA), an increase of $3.7 million over the fiscal year 2017 enacted level.
  • Grants – The legislation eliminates National Infrastructure Investment grants (also known as TIGER grants), which were funded at $500 million in fiscal year 2017.

Click here to read the full press release from the House Appropriations Committee.

FMCSAThe U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) announced a final rule, Friday, Dec. 2, that establishes a national drug and alcohol clearinghouse for commercial truck and bus drivers. The clearinghouse database will serve as a central repository containing records of violations of FMCSA’s drug and alcohol testing program by commercial driver’s license (CDL) holders.
“An overwhelming majority of the nation’s freight travels by truck, and millions of passengers reach their destinations by bus, so creating a central, comprehensive, and searchable database of commercial motor vehicle drivers who violate federal drug and alcohol testing requirements has been a departmental priority,” said U.S. Transportation Secretary Anthony Foxx. “This system will be a new technological tool that will make our roads safer.”
Once the clearinghouse is established, motor carrier employers will be required to query the system for information concerning current or prospective employees who have unresolved violations of the federal drug and alcohol testing regulations that prohibit them from operating a commercial motor vehicle (CMV). It also requires employers and medical review officers to report drug and alcohol testing program violations.
The drug and alcohol clearinghouse final rule annual net benefits are an estimated $42 million, with crash reductions resulting from annual and pre-employment queries by FMCSA-regulated motor carriers.
“This is a major safety win for the general public and the entire commercial motor vehicle industry,” said FMCSA Administrator Scott Darling. “The clearinghouse will allow carriers across the country to identify current and prospective drivers who have tested positive for drugs or alcohol, and employ those who drive drug- and alcohol-free. Drivers who test positive for drugs or alcohol will no longer be able to conceal those test results from employers and continue to drive while posing a safety risk to the driving public.”
The final rule requires motor carriers, medical review officers, third-party administrators, and substance abuse professionals to report information about drivers who:

  • Test positive for drugs or alcohol;
  • Refuse drug and alcohol testing; and
  • Undergo the return-to-duty drug and alcohol rehabilitation process.

Additionally, motor carriers will be required to annually search the clearinghouse for current employees, and during the pre-employment process for prospective employees, to determine whether a driver violated drug or alcohol testing requirements with a different employer that would prohibit them from operating a CMV.
Federal safety regulations require employers to conduct pre-employment drug testing and random drug and alcohol testing. Motor carriers are prohibited from allowing employees to perform safety-sensitive functions, which include operating a CMV, if the employee tests positive on a DOT drug or alcohol test.
In accordance with the Privacy Act of 1974 (5 U.S.C. § 552a), a driver must grant consent before an employer can request access to that driver’s clearinghouse record and before FMCSA can release the driver’s clearinghouse record to an employer. After registering with the clearinghouse a driver can review his or her information at no cost.
Congress directed FMCSA to establish a national drug and alcohol clearinghouse as mandated by the Moving Ahead for Progress in the 21st Century Act (MAP-21).
The national drug and alcohol clearinghouse Final Rule goes into effect in January 2020, three years after its effective date.
To view the drug and alcohol clearinghouse Final Rule, click this link.
To learn more about the drug and alcohol clearinghouse, click on this link.