FRA_logo_wordsThe Federal Railroad Administration (FRA) Nov. 7 issued a final rule that strengthens training requirements for railroad employees and contractors who perform safety-related work. The rule, which was mandated by the Rail Safety Improvement Act (RSIA) of 2008, ensures safety-related employees are trained and qualified to comply with any relevant federal railroad safety laws, regulations, and orders.

“Safety is our top priority and this is just the latest step in our mission to ensure the safety of railroad employees, the public and the communities these railroads pass through,” said U.S. Transportation Secretary Anthony Foxx. “The GROW AMERICA Act will help advance safety by harnessing technology and research, as well as implementing Positive Train Control and updating federal hours of service regulations.”

The rule improves training for all safety-related railroad employees, regardless of whether the person is employed by a railroad, a contractor or a subcontractor, by requiring:

  • Minimum training standards for each type of safety-related railroad employee;
  • FRA review and approval of each employer’s training program to ensure employees will be qualified to measurable standards;
  • Greater use of structured on-the-job and interactive training;
  • Methods for each employer to review and improve training programs annually with a focus on closing performance gaps; and
  • A streamlined, nation-wide approach that bolsters training for operators of roadway maintenance machines equipped with a crane that work across multiple jurisdictions.

“Quality training is fundamental to the execution of safety sensitive railroad duties,” said Federal Railroad Administrator Joseph C. Szabo. “This regulation ensures the heightened professionalism of the workforce that keeps our railroads running safety and efficiently every day.”

Through the Railroad Safety Advisory Committee (RSAC), FRA is working to complete the actions mandated by RSIA, including developing a framework for the creation and implementation of performance-based programs that anticipate and reduce risk. An RSAC working group has developed recommendations for fatigue management provisions and the agency moving forward with rulemakings related to the transportation of crude oil and ethanol by rail – one focusing on the securement of equipment and the other on the appropriate crew size requirements when transporting highly flammable liquids.

Additionally, FRA is preparing a final rule amending its regulations related to roadway workers and is developing other RSAC-supported actions that advance high-performing passenger rail, such as proposed rules on standards for alternative compliance with FRA’s Passenger Equipment Safety Standards.

The Federal Railroad Administration’s (FRA) mission is to ensure the safe, reliable, and efficient rail transportation of people and goods for a strong America, now and in the future. The GROW AMERICA Act supports this mission with predictable, dedicated investments that enhance safety and modernize our rail infrastructure to meet growing market demand. The Act also builds on current investments to vastly improve the system in areas ranging from Positive Train Control (PTC) implementation to enhancing flexibility in financing programs that will better enable the rehabilitation of aging infrastructure.

To view the final rule, click here.

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Szabo

After nearly six years serving as chief of the U.S. Department of Transportation’s Federal Railroad Administration, Joe Szabo is stepping down in January.

In a statement to FRA staff, Szabo said, “I will head home to accept a position as a senior fellow for the Chicago Metropolitan Agency for Planning. In my new capacity, I’ll work with the region’s local elected officials, the Illinois General Assembly, the freight and passenger rail industry, organized labor, and logistic firms, and other metropolitan regions on transportation planning and programming.

“It is a role that allows me to return to my roots in local government, to serve as a senior advisor on transportation policy, and – from Chicago – continue to advance the safe, efficient, and reliable movement of people and goods for a strong America, just like we’ve done together here at FRA.”

“It has been an honor to serve my President, former Secretary Ray LaHood and Secretary Anthony Foxx.”

Nominated March 20, 2009, and confirmed by the United States Senate on April 29, 2009, Szabo is the twelfth Administrator of the FRA and the first to come from the ranks of rail workers.

Prior to becoming FRA administrator, Szabo served as the former United Transportation Union’s Illinois state legislative director.

He also served as vice president of the Illinois AFL-CIO, mayor of Riverdale, Ill., and vice chairman of the Chicago Area Transportation Study’s Executive Committee. In 2002, he chaired the governor’s Freight Rail Sub-Committee and, in 2005, was assigned by the UTU to the FRA’s Railroad Safety Advisory Committee (RSAC), where he participated in the development of rail-safety regulations.

As FRA administrator, he is the principal advisor to the secretary of the U.S. DOT on railroad affairs and other transportation matters, where he helped set freight and passenger rail policy and safety regulations and initiatives.

“Our work is not done until new record bests in safety are achieved,” Szabo said in his statement. “As a 38-year veteran of the rail industry – one who worked out in the ranks – the most meaningful improvement to me was the dramatic drop in employee fatalities to a new record low. Over the course of my railroad career, I’ve lost five good friends to on-duty fatalities and, like most rail workers, survived my share of close calls in the workplace.”

“In 2008, the year before I came to FRA, 26 rail workers perished in on duty fatalities – a rate of more than two per month. Through your good work, we drove that down to a record low number of 14 employee fatalities in 2013 – still too many, but a remarkable improvement. Now, 10 months into 2014, we are at five fatalities for the year and getting so close to the ultimate goal of zero. I’m counting on the practices we’ve put into place, particularly proactive programs like Confidential Close Calls Reporting, to get us to zero in 2015.”

 

FRA_logo_wordsWASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) today announced the findings and recommendations from its focused safety assessment of Chicago’s Metra. The assessment finds Metra to be generally compliant with federal safety regulations, but also directs the commuter railroad to take immediate steps to enhance its safety culture, which is an area of concern, and to better utilize safety technology.

“Safety is our highest priority and after three serious safety incidents on Metra within a seven day period, we proactively intervened,” said U.S. Transportation Secretary Anthony Foxx. “Our safety assessment identifies specific actions Metra should take to address risks to improve the safety of all passengers.”

FRA identified and prioritized specific safety concerns and actions Metra should take to mitigate them:

  • Empower conductors to prioritize the safety of operations over collecting fares, on-time performance and customer service;
  • Ensure heightened crew interactions during higher risk operations;
  • Establish new procedures to strengthen the flow of information between operating lines and Metra headquarters;
  • Add technical skills training for managers;
  • Add safety measures and procedures that would provide a level of safety redundancy to protect crossover movements;
  • Implement a Confidential Close Call Reporting System (C3RS); and
  • Immediately prioritize the acquisition, testing and installation of Positive Train Control

(PTC) systems that monitor and control train movements to provide increased safety.

“Continuous safety improvement must be the goal of every railroad,” said Federal Railroad Administrator Joseph C. Szabo. “The roadmap we’ve laid out for Metra today is an opportunity for them to renew their commitment to safety and win back the faith of the traveling public.”

FRA announced the launch of the safety assessment on June 6, 2014 after three serious incidents occurred between May 27, 2014, and June 3, 2014, that resulted in the decertification of three Metra locomotive engineers. Review the entire report on Metra. Read our original announcement of the Metra Safety Assessment.

FRA’s strategy for continuous safety improvement is founded on three pillars: a rigorous oversight and inspection program based on strategic use of data; advancing proactive approaches for early identification and mitigation of risk; and capital investments and a robust research and development program.

 

WASHINGTON — Two railroad industry trade groups have quietly asked the U.S. Department of Transportation to drop its requirement that rail carriers transporting large volumes of Bakken crude oil notify state emergency officials.

The railroads have maintained that they already provide communities with adequate information about hazardous materials shipments and that public release of the data could harm the industry from a security and business standpoint. But they haven’t been successful in convincing numerous states or the federal government.

Read the complete story at The Columbian.

WASHINGTON — How many people does it take to safely operate a freight train?

Two, say railroad labor unions, the Federal Railroad Administration and some members of Congress, arguing that having just one person in the cab of a locomotive was unsafe. They cite a series of deadly accidents involving trains with a solo engineer, including last year’s disaster in Lac-Megantic, Quebec, where 47 people were killed after an oil train jumped the tracks.

One, argues the railroad industry, which counters that there’s no data to prove multiple-person crews are safer.

Read the complete story at The Fresno Bee.

FRA_logo_wordsFederal regulators are putting the brakes on new alcohol and drug regulations for railroad maintenance workers.

The Federal Railroad Administration (FRA) proposed new testing requirements for railroad track workers in July but said Wednesday (Sept. 24) it is extending the comment period at the request of industry groups.

Read the complete story at The Hill.

FRA_logo_wordsWASHINGTON – The U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) today issued a Notice of Proposed Rulemaking (NPRM) that will help protect communities from crude oil and hazardous materials incidents by strengthening requirements for securing unattended freight trains. The proposed rule codifies many of the requirements included in Emergency Order 28, which the FRA issued in August 2013 following the Lac-Megantic accident and strengthens existing regulations for railroad cars containing certain hazardous materials.

“Safety is our top priority,” said U.S. Transportation Secretary Anthony Foxx. “Today’s action is only the latest in more than two dozen steps we have taken in the last year to further safeguard communities along train routes that carry crude oil and other flammable liquids.

The new measures proposed in the NPRM would require railroads to:

Prevent trains or vehicles transporting specified hazardous materials from being left unattended on a mainline track or side track outside a yard, unless specific securement requirements are followed.Develop a plan identifying such locations or circumstances.Verify securement by qualified persons; and ensure that locks on locomotive cab are secure. Include securement requirements in job briefings.Perform additional inspections by qualified persons when emergency responders have been on equipment.Install locking mechanisms on locomotive doors and repair them in a timely manner.

The rule covers equipment containing poisonous by inhalation (PIH) materials and those defined as Division 2.1 (flammable gas), Class 3 (flammable or combustible liquid), Class 1.1 or 1.2 (explosive) materials, or a hazardous substance listed in 49 CFR 173.31(f)(2). This includes most crude oil moved in the United States.

“While our existing securement regulations have been largely successful, it’s important in light of events over the past year that we take additional steps to mitigate risk here in the United States,” said Federal Railroad Administrator Joseph C. Szabo. “This rulemaking will solidify our existing securement regulations and provide additional safeguards against the rolling of unattended freight trains, especially those carrying hazardous materials.”

The NPRM is the result of collaborative effort between the industry and other stakeholders who formed a working group to review securement rules, practices and operating procedures over the last year. The working group, convened through the Railroad Safety Advisory Committee in August 2013, submitted its final recommendations for a proposed rule to the FRA in April 2014. The Department has also continued to collaborate with Canada.

The Department of Transportation, the FRA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have taken more than two dozen actions as part of a comprehensive approach to ensure that the safe transport of hazardous materials by rail is preserved and enhanced. Over the last year, they have issued emergency orders and safety advisories, conducted special inspections such as Operation Classification, and brought together railroad companies and the oil industry to reach an agreement on a series of immediate actions they can take to improve safety including reducing speeds, increasing inspections, using new brake technology, developing improved sampling and testing plans, and investing in first responder training. Additionally, they have issued a Notice of Proposed Rulemaking (NPRM) for a comprehensive rulemaking package regarding the safe transportation of crude oil and plan to announce a proposed rule to address train crew size.

FRA_logo_wordsIn response to Congress’ mandate in the Rail Safety Improvement Act of 2008 (RSIA), the Federal Railroad Administration is proposing to expand the scope of its alcohol and drug regulations to cover employees who perform maintenance-of-way (MOW) activities.

In addition, FRA is proposing certain substantive amendments that either respond to National Transportation Safety Board (NTSB) recommendations or update and clarify the alcohol and drug regulations based on a retrospective regulatory review (RRR) analysis.

“This NPRM addresses the application of drug and alcohol testing for maintenance-of-way employees that are not now covered by those requirements. These maintenance-of-way employees will not be covered by hours of service, but will soon be covered by the same drug and alcohol testing protocols that hours of service employees are under,” SMART Transportation Division National Legislative Director James Stem said.

“These employees will be also tested at a higher rate for the first two years under this NPRM than the other covered service employees.”

Comments can be posted to the docket [Docket No. FRA–2009–0039] at www.regulations.gov and should be offered on or before Sept. 26, 2014.

To read the complete proposed rule, click here.

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Szabo

Federal Railroad Administrator Joseph C. Szabo spoke to attendees at the First Transportation Division Convention of the International Association of the Sheet Metal, Air, Rail and Transportation Workers in San Diego, Calif., July 1, 2014. His speech, as prepared, is below.

Good morning, everyone. It is great to be here with you today.

I am joined by Bob Lauby, FRA’s Chief Safety Officer, and Mike Lange, our chief track inspector here in California. I’d like to acknowledge all of our inspectors at FRA for the tremendous job they do every day to keep all of you safe, and to achieve higher levels of safety.

I know I say this every time I see you all of you: But five years into this job, I still am incredibly humbled to be the first FRA Administrator to have come out of the ranks of rail labor.

A while back, I was looking at some old safety statistics from 1967, the year the Federal Railroad Administration was formed. And what I saw – back then in 1967 – a rail worker was killed on the job nearly every other day.

Think about that: nearly one employee on-duty fatality every other day.

People with families. People who worked hard every day to move this nation’s freight and economy, and get travelers to jobs and other places. People like us – one of them not going home every other day.

And, if you think about it, at that time there were no guarantees that this industry, and these jobs, would continue being there in the future.

When I hired out in 1976, one-third of the nation’s railroads were in bankruptcy; one- third were on the edge of bankruptcy; and the remaining third were barely making a profit.

Conditions were so bad, we had standing derailments. The tracks would simply give out beneath cars sitting in the yard.

While on-duty injuries and fatalities continued to occur at a frightening pace, rail was a dying mode: rapidly losing freight to trucks and passengers to air and auto.

Thankfully, this great union has always lived by the motto that working men and women – when united together – have great power to make positive change.

Rail workers have fought through difficult conditions, and through years when funding for Amtrak and commuter rail was threatened to be cut, if not outright eliminated.

And an industry has emerged from that struggle that is now uniquely positioned to help our transportation system move more people and more goods as we grapple with climate change – an industry that is stronger and is safer.

In 2013, the number of rail workers killed on the job – instead of one every other day – was down to approximately one a month. Still too many, but a remarkable improvement.

And so far in 2014 we’ve only had two fatalities in the first six months. Yet again, remarkable improvement.

Train accidents have decreased to new lows for five straight fiscal years now, part of a nearly 50 percent reduction since Fiscal Year 2004. During that time, employee fatalities have declined by 59 percent.

Amtrak is now the nation’s fastest-growing major travel mode, with ridership records set in 10 out of the last 11 years.

And the freight rail industry is now in a better position than ever to meet the nation’s growing transportation needs.

But I’m not satisfied with any of this – not even close. Because that was still 14 unnecessary deaths in 2013 – and two so far in 2014.

And, while record investments have been made in passenger rail during this Administration, we have yet to succeed in our goal of securing predictable, dedicated rail funding: the resources we need for rail to achieve parity with other modes of transportation.

As we look towards the year 2050, we know freight railroads are going to play a growing role in moving more than 4 billion more tons of freight across the network, and a much greater role in meeting this nation energy’s needs.

So we have to work harder than ever to create a framework that will ensure these goods move safely, reliably and efficiently. We have to drive continuous safety improvement, protect communities, and see that every railroader goes home safely.

This is what President Obama, Secretary Foxx, and I are all fighting for.

And that is why we recently sent to Congress a bill that will tackle these challenge.

It is called the GROW AMERICA Act.

As the title implies, the GROW AMERICA Act will grow federal investments in all surface transportation modes – including rail – and it will advance safety.

For all of you, that means a safe workplace, and job growth.

GROW AMERICA will provide FRA with $19 billion in funding to advance a high- performing freight and passenger rail network and advance rail safety.

But it does even more.

For the first time ever, rail will achieve predictable, dedicated funding – like all other transportation modes – and allow it to grow as a safe, cost-effective, environmentally friendly, and efficient way to move people and goods.

Let me talk about the rail development side of our proposal.

GROW AMERICA will invest in both a Current Passenger Rail Service Program – meeting Amtrak’s needs – and a Rail Service Improvement Program to allow the system to grow.

The Current Passenger Rail program will fully fund Amtrak: ensuring a state of good repair system-wide, replacing obsolete equipment, and bringing stations into compliance with the Americans with Disabilities Act.

To continue the development of a high-performing passenger rail network, the Rail Service Development Program will provide grants to build new corridors – with service levels and speeds targeted to the market – improve existing corridors, and address chokepoints that delay passenger services.

To enhance safety, communities will be eligible for grant funding for projects such as rail-line relocation efforts, and grade-crossing improvements, and projects that seal off corridors by building over-passes and underpasses – things that create a safer operating environment.

And GROW AMERICA will enable us to both improve and expand rail options while driving continuous safety improvement.

New records in safety have not been achieved by mistake. They are due largely to railroad workers’ individual and collective commitment to safety – and to the success of FRA’s data-based oversight and enforcement program.

But human error continues to be our most vulnerable safety area, contributing to nearly 40 percent of accidents last fiscal year.

And there are limits to what our data-driven oversight and enforcement program can achieve. This was proven by the series of accidents on Metro-North and the tragedy with the crude oil train in Quebec.

In neither case did the data indicate an imminent tragedy.

This means we need to continue to empower you to undertake honest yet non-punitive assessments of human factors – the goal being to truly understand root causation.

Ultimately, these proactive approaches to safety, overlaid above our traditional oversight and enforcement program, is how we’ll reach the next generation of safety.

And GROW AMERICA supports this evolution.

For one, our proposal calls for a nationwide rollout of the Confidential Close Call Reporting System: a partnership between FRA, labor, and the carriers that our Risk Reduction Program Division has been testing through a series of pilot projects.

It allows us to learn from mistakes that were close calls instead of accidents – and take corrective actions before any harm occurs.

It is an important turn away from the old culture of waiting for an accident
to happen, then punishing an employee for being human.

So far, our pilot projects have had remarkable results, including a 70 percent reduction in certain types of accidents and a 90 recent reduction in discipline. Just as important, it has developed a positive and proactive safety culture.

GROW AMERICA will reduce confusion and create a safer working environment by harmonizing railroad operating rules in terminals with multiple operations.

And – critically – it will give us authority to establish new hours-of-service regulations that are based on fatigue science.

That way, we can address what all of us know is the root cause of fatigue for over-the- road freight train crews: those unpredictable work schedules.

The time for meaningful action, to prevent work fatigue, and to require more predictable work schedules, is now.

There are two others areas of safety I want to talk about that are not covered by the GROW AMERICA Act, but that are very important.

The NTSB has made multiple recommendations regarding the use of inward- and outward-facing cameras in controlling locomotives.

And we recently asked the Railroad Safety Advisory Committee – which your union is a part of – to develop standards that ensure these devices are used to enhance safety and not as a tool to discriminate or violate employee privacy.

I know what can happen every day out on there on the property. I’ve been that union officer who was subject to “special attention” by an overly aggressive supervisor. I’ve walked in those shoes.

So I’ll repeat what I said to the committee, which is: we owe it to everyone – the public and rail workers – to get this right. And I know we can.

Some of you are involved in the transport of significantly higher volumes of crude oil.

In partnership with the Pipeline and Hazardous Materials Safety Administration, or PHMSA, FRA is examining the entire system for the safe delivery of crude oil.

There is not one silver bullet to solve this complex problem. It requires a comprehensive approach to evaluate risk and develop effective strategies to mitigate that risk.

As part of that, it is a fundamental premise of safety – and a tenet of the design of fail- safe systems – to never allow a single point of failure.

Safety science speaks repeatedly to the need for appropriate redundancy.

As you know, after the accident in Lac Megantic, Canada, we called the Railroad Safety Advisory Committee together for discussion on the subject of single-person crews.

But the Secretary made clear to me — the working group would either reach consensus by April 1, or FRA was to use its authority to move forward with a regulation on its own.

As you know, after six months of deliberations, the RSAC did not reach a consensus on this issue. But, as expected, we learned a great deal from the stakeholders.

The point I’m trying to make is, we understand the challenges, opportunities and potential effects of regulations – and have a responsibility to all parties to get this right.

It cannot be about job preservation, but must be solely driven by ensuring safety.

And so, we look forward to putting out proposed rulemaking language that is soundly developed, well-reasoned and balanced. And we look forward to your continued input during the comment period.

This union has supported its members and helped to build a safer, stronger industry. The next generation of railroaders – in many ways – will have you to thank.

And I think, the next generation of railroaders, looking back on this time, will say: “this is when we changed the conversation.”

Five years ago, there was no passenger rail development program, and we were just beginning to move forward with Rail Safety Improvement Act mandates that are now starting to lead an evolution in railroad safety culture.

But rail still has yet to achieve funding parity with other modes. And regarding safety, the loss of even one rail worker is just one too many.

The ideas we are fighting for in GROW AMERICA will move us forward. This is where we go beyond changing the conversation to changing history.

So I need all of you to get involved in this issue.

I need you raising your voices in unison – through your union – to let Congress know what this could mean for rail safety, for our nation’s economy, and for jobs.

So, look out for each other out there. Take no shortcuts in your duties and continue to be engaged in peer-to-peer efforts like SOFA and Confidential Close Calls reporting.

As we grow the role rail will play in moving people and goods, you have the power to continue to raise the professionalism of this industry; to ensure dignity and respect for craft employees by supporting a culture change in this industry; and, to create a safer operating environment.

And if Congress supports GROW AMERICA – together – that’s exactly what we’ll do. Thanks so much.

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SMART Transportation Division President John Previsich and Vice President John Lesniewski listen to a speech by Federal Railroad Administrator Joe Szabo at the First SMART Transportation Division Convention July 1.

FRA_logo_wordsWASHINGTON – The U. S. Department of Transportation’s Federal Railroad Administration (FRA) June 27 issued a Record of Decision (ROD) for the 114-mile Fresno to Bakersfield Section of the California High-Speed Train System. The ROD is the last step in the National Environmental Policy Act process and clears the way to break ground on the project.

“This represents a major step forward, both for the State of California and for High Performance rail in the U.S.,” said U.S. Transportation Secretary Anthony Foxx. “It will create jobs, provide travelers with new options, and improve connectivity up and down the West Coast. This project is an important example of our commitment to investing in modernizing our rail infrastructure to meet growing market demand.”

The California High-Speed Train System will provide a reliable high-speed electric-powered train system that links the major metropolitan areas of California, delivering predictable and consistent travel times that are competitive with air and highway travel. It will also provide connectivity to commercial airports, mass transit systems, and the highway network; and help alleviate capacity constraints of the existing transportation system as increases in intercity travel demand in California occur, in a manner sensitive to and protective of California’s unique natural resources.

In its ROD, the FRA selects the preferred alternative outlined in its Final Environmental Impact Statement (FEIS), which was issued earlier this year. The preferred alternative is comprised of the alignment alternative adjacent to the BNSF Railway bypasses of Corcoran, the Allensworth area, and the Bakersfield Hybrid alternative. The preferred alternative includes a Downtown Fresno Station, a Kings/Tulare regional station, and a downtown Bakersfield station. FRA selected this combination of route alignments because they are more compatible with the long-range development planning goals of the region, and will result in fewer potential impacts on wetlands and special-status species habitat. The alignment will also reduce displacements and result in fewer impacts to religious facilities when compared to the other alignment alternatives.

FRA’s decision reflects the balancing of multiple considerations including environmental, technical, economic, operational, as well as community and stakeholder input. Between March 2007 and March 2014, more than 900 meetings in the Project area were held as part of the California High Speed Rail Authority (Authority) and FRA’s outreach efforts. The public summited more than 2200 written comment letters and verbal comments at public hearings in response to the 2011 Draft EIR/EIS and the 2012 Revised Draft EIR/Supplemental Draft EIS. The ROD also includes a Mitigation Monitoring and Enforcement Plan that describes measures the Authority must implement as part of the project to reduce, avoid, and minimize potential adverse environmental impacts.

“This ROD represents a major milestone in the planning process, which included a rigorous analysis that thoroughly incorporated public input to recommend these routes,” said FRA Administrator Joseph C. Szabo. “Public feedback is an essential component of the environmental review process and we relied upon it heavily while conducting this review.”

DOT’s historic investment in the California High Speed Train System through funding in the American Recovery and Reinvestment Act (ARRA) reflects the importance of investing in the modernization of our nation’s rail system.

The GROW AMERICA Act, or Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act, will further advance this goal by providing for predictable, dedicated investments that enhance safety and modernize our rail infrastructure to meet growing market demand, while promoting innovation and ensuring transparency and accountability. The Act will invest $19 billion over four years to improve rail safety and invest in a National High-Performance Rail System, as states and local communities need the certainty of sustained funding to make the transportation investments necessary to improve our infrastructure and support our economic growth.

A copy of the ROD can be found here.