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faa_logoThe Senate’s bill to prevent a government shutdown on Oct. 1 would extend federal aviation funding for six months. 

The measure, which was released by Senate appropriators on Tuesday, Sept. 22, contains language that would extend the Federal Aviation Administration’s (FAA) funding until March 31, 2016. 

The FAA’s previous appropriations measure, which includes funding for air traffic controllers, is set to expire on Sept. 30, along with funding for most federal government functions.

Read more from The Hill. 

osha-logo_webWashington – The Occupational Safety and Health Administration is extending the deadline for submitting comments on the proposed rule that clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness. The comment due date has been extended to Oct. 28, 2015.

OSHA issued this proposed rule in light of the decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of Labor (Volks)* to clarify its long-standing position that the duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness. The proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.

The proposed rule was published in the July 29, 2015, issue of the Federal Register. Members of the public can submit written comments on the proposed rule at http://www.regulations.gov, the Federal e-Rulemaking Portal. See the Federal Register notice for submission details.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

The White House Office of Management and Budget, Council on Environmental Quality, Department of Transportation join federal agencies in commitment to expediting permitting and environmental review for federal infrastructure projects

whitehouselogoWashington – The White House Office of Management and Budget, Council on Environmental Quality, and U.S. Department of Transportation announced new actions by the Obama Administration to accelerate the Nation’s critical infrastructure projects, including an enhanced Federal Infrastructure Permitting Dashboard, new guidance to Federal agencies establishing metrics for the permitting and environmental review of infrastructure projects, and the first update in nearly 30 years to the Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects handbook (known as the Red Book) – an interagency effort spearheaded by the U.S. Army Corps of Engineers.

President Obama has been committed to building a 21st century infrastructure that will strengthen our Nation’s economy, create jobs, and improve U.S. competitiveness in the global market, while also improving environmental and community outcomes. From taking executive action through the 2011 Presidential Memorandum and 2012 Executive Order to speed infrastructure development and improve and expand permitting reform government-wide, proposing a six-year surface transportation reauthorization, the GROW AMERICA Act, which increases investment and includes a series of legislative proposals to further expand on efforts to increase the efficiency of project delivery, to releasing the 2014 comprehensive plan to modernize infrastructure permitting, the President has worked to ensure America has a first-class infrastructure.

DOT_Logo_150pxAs part of these efforts,  Federal agencies previously expedited the review and permitting of over 50 major infrastructure projects, including bridges, transit, railways, waterways, roads, and renewable energy projects, employing common sense practices like running different reviews concurrently rather than sequentially, and using the Administration’s online Dashboard to promote accountability for a shared schedule. Over half of those projects have completed the permitting process, yielding notable successes like the permitting of the Tappan Zee Bridge in just a year and a half. The Administration’s 2014 comprehensive plan offered recommendations to expand on those initial projects, and today’s actions fulfill several key recommendations from that plan.

Traditionally, the federal permitting and environmental review process can take months and, sometimes years to complete, layered with complex requirements and costing millions of taxpayer dollars. Today’s announcement takes major steps to turn best practices into common practices, building on a series of successful efforts over the past several years to modernize the infrastructure permitting process, and increase investment in U.S. infrastructure.

“To deliver infrastructure projects that achieve real impacts for the American people, we need to act with urgency and recognize that every day counts,” said Transportation Secretary Anthony Foxx. “Today’s actions help us get there. We are pushing ourselves to improve efficiency, coordination, and collaboration, so that federal permitting becomes a sprint rather than a relay race.”

“Our Nation’s economy thrives when the foundation of America’s communities – from roads and bridges to ports and waterways – are built to meet the needs and requirements of the 21st Century,” said White House Office of Management and Budget Director Shaun Donovan. “Today’s actions reflect this Administration’s continued commitment to meet those needs by further improving the efficiency of the Federal permitting process in an environmentally sound way and accelerating U.S. economic growth and competiveness.”

“This Administration has worked hard to improve the efficiency of the environmental review processes to ensure Federal permitting decisions and environmental reviews are timely and responsive,” said White House Council on Environmental Quality Managing Director Christy Goldfuss. “Today’s announcements reflect the Administration’s commitment to conducting the hard work necessary to harmonize economic growth, infrastructure development, and environmental protections.”

“The Army Corps of Engineers is proud of partnering with other federal agencies to update the ‘Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects’, also known as the Red Book,” said Assistant Secretary of the Army Jo-Ellen Darcy. “The Red Book supports more timely permit decisions, allowing a diverse set of infrastructure projects to advance through the permitting process in a more transparent and efficient manner. Infrastructure projects will be evaluated and permitted faster.” 

Federal Infrastructure Permitting Dashboard

In 2011, the Administration launched the Federal Infrastructure Permitting Dashboard to highlight and track 52 high-priority projects, such as the Tappan Zee Bridge, as they progressed through the required federal permits and reviews. Most of those projects have now completed the review process, many well ahead of schedule. New guidance from the White House Office of Management and Budget and Council on Environmental Quality will significantly expand use of the Dashboard by requiring its use for major projects meeting a defined set of criteria. The guidance will drive better coordination across agencies by designating specific permitting and review schedules and milestones for each project to report. The Dashboard website has also recently been redesigned to accommodate this expansion and the Administration will continue to add features and functionality over the coming months.

Beginning in October 2015, under the new guidance, the eleven Federal agencies that play a significant role in the permitting, review, funding and development of infrastructure projects will begin identifying new infrastructure projects for which standardized milestones and coordinated schedules will be posted within 90 days. The posted projects are those expected to experience complex and potentially lengthy Federal environmental permit and review processes. Such projects would include major transit projects, airport capital improvements, ports and dams, electricity transmission and broadband internet networks, renewable energy generation facilities, and others.

The Dashboard update and guidance to agencies will benefit both businesses and the environment, as the efforts will facilitate faster decisions, save money, and increase agency coordination to achieve improved environmental and community outcomes.

The Red Book

To further
strengthen the efficiency and effectiveness of the environmental review process, the U.S. Army Corps of Engineers led a process with a number of Federal agencies, including the Department of Transportation and the U.S. Coast Guard, to update the “how-to” handbook (also known as the Red Book), Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects.

Last updated in 1988, the newly revised Red Book provides practical, real-world techniques, models, and assistance to agencies to coordinate and better synchronize environmental reviews, permits, and other Federal decisions needed to site and build infrastructure projects across the nation. The new interagency guidance specifically encourages agencies to utilize the practices described in this guide.

Together, today’s actions were identified as key deliverables in the Administration’s 2014 plan to reduce the total time it takes to conduct reviews and make permitting decisions, while producing better outcomes for the environment and communities.

Charlotte_CATS_logoWashington – U.S. Transportation Secretary Anthony Foxx today announced a $180 million Transportation Infrastructure Finance and Innovation Act (TIFIA) loan to the Charlotte Area Transit System (CATS) for construction of the LYNX Blue Line light rail extension. The TIFIA loan will support the expansion of the popular light rail system from Center City Charlotte to the UNC Charlotte Campus.

“This project is already catalyzing economic growth and opportunity by connecting the city’s financial, high tech and cultural centers with the thriving UNCC campus and giving commuters an alternative to sitting in traffic on I-85 and U.S. 29.  The project also connects and will help revitalize many historically underserved neighborhoods,” said Secretary Foxx.  “The Blue Line extension is an important piece of the overall transit system that Charlotte needs in order to thrive in the 21st Century.”

CATS officials estimate that the light rail extension will create approximately 7,600 jobs during construction with total light rail ridership at more than 18,900 additional riders each weekday when the extension opens in 2018. The 9.3 mile extension will add service along what will become an 18.6-mile light rail corridor in Northeast Charlotte and will help to reduce congestion along Interstate 85 and US Route 29, where commercial and residential growth is expected to continue.

“The LYNX Blue Line extension is critical to the City of Charlotte. The TIFIA loan reduces financing costs to ensure that CATS can complete this project and have a more robust capital plan going forward,” said Lana Hurdle, DOT Deputy Assistant Secretary for Budget and Programs.

In addition to the $180 million TIFIA loan, the U.S. Department of Transportation’s Federal Transit Administration (FTA) is providing $580 million for the $1.16 billion project through FTA’s Capital Investment Grant Program. The remaining cost is covered by state and local funding.

“For residents and visitors alike, Charlotte’s transportation system provides a lifeline to jobs, attractions, events, and all that Charlotte has to offer,” said FTA Acting Administrator Therese McMillan. “With this project, CATS, the City of Charlotte, and the State of North Carolina  continue to make the critical investments in modern infrastructure that riders expect and deserve.”

The TIFIA credit program is designed to fill market gaps and leverage substantial non-federal investments. Each dollar of federal funding can provide up to $10 in TIFIA credit assistance and support up to $30 in transportation infrastructure investment. Since its launch, the TIFIA program has helped 54 projects turn more than $22 billion in U.S. Department of Transportation assistance into more than $81 billion in infrastructure investment across America.

As part of the President’s Build America program, the Department has revamped the TIFIA website with a cleaner design, helpful tools, and interactive map that make it easier than ever to learn about how TIFIA helps projects get built using innovative financing. The new site is located at www.transportation.gov/tifia. 

The Obama Administration has proposed the GROW AMERICA Act to expand financing options under the Transportation Infrastructure Finance and Innovation Act (TIFIA), which leverages Federal dollars by facilitating private participation in transportation projects and encouraging innovative financing mechanisms that help advance projects more quickly. The Act will provide $6 billion over 6 years, which is estimated to result in $60 billion of direct loans. In addition, the Act increases the accessibility of the Railroad Rehabilitation and Improvement Financing Program by reducing the cost of obtaining a loan for short line railroads and increases the availability of Private Activity Bonds by raising the existing $15 billion cap to $19 billion.

Union Yes; Union check yesDays after the Republican presidential candidate Scott Walker announced his plan to get rid of the National Labor Relations Board, Democratic lawmakers are rolling out a plan to strengthen the government agency. The bill, introduced on Wednesday, will also serve as a litmus test to Democrats vying for union endorsements in the 2016 presidential election.

The Wage Act, which stands for Workplace Action for Growing Economy Act, is being sponsored by Washington senator Patty Murray and Virginia congressman Bobby Scott.

“Too often, as workers are underpaid, overworked, and treated unfairly on the job, some companies are doing everything they can to prevent them from having a voice in the workplace,” Murray said in a statement. “The Wage Act would strengthen protections for all workers and it would finally crack down on employers who break the law when workers exercise their basic right to collective action.”

Read more from The Guardian. 

Secretary urges continued cooperation to build project. Project would reduce trip time to just over 2 hours from current 3.5.

DOT_Logo_150pxWashington –  The U.S. Department of Transportation (DOT)’s Federal Railroad Administration (FRA), the State of North Carolina and the Commonwealth of Virginia announced today that they have signed off on the Final Environmental Impact Statement (FEIS) for the proposed Richmond to Raleigh (R2R) passenger rail line along the Southeast Corridor. The completion of the FEIS is one of the final steps necessary before construction of the project can move forward once funding is secured.

“Without a strong passenger rail system, the Southeast’s growth will be choked by congestion for a very long time,” U.S. Transportation Secretary Anthony Foxx said. “North Carolina, Virginia and the Department of Transportation have worked together to bring us closer to high-speed rail connecting Richmond and Raleigh, and I urge everyone involved to continue pushing this effort forward. High-speed rail in this region is not a luxury but a necessity.”

The 162-mile route between the two cities would utilize existing and former rail lines for approximately 60 percent of the route and is planned to be free from at-grade crossings of track and roads. This route is part of a larger multi-state planning effort to provide high-speed passenger service between Washington, D.C., and Atlanta. In July, Secretary Foxx announced that the Department of Transportation would invest approximately $1 million to develop a regional long-term vision for the corridor and engage states and stakeholders to help the region form a governance organization that can sustain planning efforts and implement the vision.

“Today brings us closer to breaking ground on this critical project for one of the fastest growing areas of the country.  The project will improve safety and reliability, reduce the travel time between Richmond and Raleigh, and increase opportunity for jobs and growth in the Southeast,” FRA Acting Administrator Sarah Feinberg said.

A recent U.S. Department of Transportation report, Beyond Traffic, in turn found that our country will add 70 million more people by 2045, and that the Southeast will indeed absorb a significant portion of that growth. The FEIS includes responses to comments from citizens, elected officials, residents, businesses and other stakeholders that have been involved in the process.

Feinberg
Feinberg

At a nomination hearing September 17, 2015, before the Senate’s Committee on Commerce, Science, and Transportation, the Federal Railroad Administration’s (FRA) Acting Administrator Sarah Feinberg testified on her qualifications as Administrator. Below is her speech.

“Chairman Thune, Ranking Member Nelson, and Members of the Committee, thank you for the opportunity to appear before you today. Senator Manchin, thank you for your kind introduction. I am grateful for your friendship, your decades of service to our home state, and your strong support.

“I’ll just briefly note that I’m so pleased that my brothers, David and Matthew, are here with me, and other members of my family are with me in spirit.

“It is an honor to have been nominated by President Obama to serve as the Administrator for the Federal Railroad Administration and to have earned the confidence of Secretary Foxx. It is also a great responsibility, one that I take seriously.

“Just one month after I became Acting Administrator, a Metro-North train traveling out of New York City with hundreds of passengers hit a car at a grade-crossing. Six people were killed doing what millions of Americans do every day: traveling home from work; visiting friends; on the way to see family.

“Days later, in Senator Manchin’s and my home state of West Virginia, a mile-and-a-half long train carrying 109 tank cars loaded with crude oil derailed near the town of Montgomery. One person was injured; multiple small communities were evacuated; a fire burned for days. And anyone who visited the scene would agree: we got lucky.

“In May, an Amtrak train traveling significantly over the speed limit derailed in Philadelphia. The horrific accident took the lives of eight people—again, men and women simply closing out an evening commute and heading home to see their families.

“These accidents are searing reminders that millions of Americans depend on railroads, and FRA’s diligent oversight, to transport them safely to their jobs each morning, to their homes and families each night, and to deliver goods and products safely every day.

“Next year, FRA will be a half-century old. The agency has a proud history and a long list of accomplishments, most notably its significant contributions in recent years to improving rail safety. Rail deaths and injuries are down dramatically, worker injuries are down, derailments and incidents are down. And those decreases are very much a testament to the work of the men and women of FRA and the rail industry too.

“But, in many ways, safety in the rail industry has plateaued. Improvements are generally not as dramatic as they used to be, and we occasionally even see spikes in the wrong direction. That calls for action.

“The American people expect every federal agency to adapt to new conditions and new realities, to be willing to change, to be open to criticism. Over the last eight months, that is what FRA has done – willing to respond to new leadership, and a new direction. Along the way, we found new solutions to old challenges.

“We have tried new solutions to end the old challenge of grade crossings accidents and fatalities. We partnered with police around the country to step up enforcement. And, in June, Google agreed to integrate our grade crossing data to add audio and visual alerts on Google maps, marking the first time the agency has partnered with a technology company.

“We have taken a new approach to the way we handle old NTSB recommendations. When I arrived at FRA in January, there were more than 70 NTSB recommendations awaiting action. With new determination, we have taken action on more than half of them – reducing the number of outstanding recommendations by nearly 15 percent. Some of these recommendations had been sitting for at least five years. Today, we await word back from the NTSB on another 30. I will not be satisfied until each recommendation is acted upon, implemented, or at the very least responded to.

“We’ve also been looking for new solutions when it comes to our financing programs.

“FRA listened to the frustrations that many members of this committee expressed about the Railroad Rehabilitation & Improvement Financing (RRIF) program, and we’ve acted.

“With more staff and greater attention, we made the program stronger and faster. This year, we have already completed two and expect to complete two more soon. You have my word: the RRIF program is open for business.

“While working to try to bring new solutions to these old challenges, we’ve also stayed focused on our ongoing priorities. The men and women of FRA have spent much of 2015 delivering significant results on those priorities.

“With our sister agency, the Pipeline and Hazardous Materials Safety Administration, we completed the High Hazard Flammable Train rule. Since the crude oil train derailment in Lac-Mégantic, Canada, two years ago, the United States has seen more than a dozen crude oil train derailments of our own. In May, the Department of Transportation issued a final, comprehensive rule that aims to prevent these types of accidents—and lessens their impact if they do occur.

“We’ve prioritized PTC implementation – hiring staff and creating a task force that reports to me regularly on progress and the performance of each railroad. We were also proud to work with many here today and in the greater New York City region to provide a nearly $1 billion loan to implement Positive Train Control on MTA’s system.

“Both the Administration’s budget and its GROW AMERICA Act have requested significant funding to assist commuter railroads on PTC installation. Chairman Thune, I want to thank you and members of this committee, in particular, for the recently passed legislation that seeks to leverage $200 million to cover some of the costs and expenses railroads face when taking out a RRIF loan to implement PTC.

“All this activity is in addition to our continued focus on making sure the agency’s partners deliver High Speed Intercity Passenger Rail projects for the American people.

“We continue to closely monitor the funding that Congress invested across the country to provide faster, more frequent and more reliable passenger rail service.

“None of this success would have been possible without the tireless work of the nearly 900 public servants at the agency who are dedicated to rail safety. It’s been my honor to lead them as Acting Administrator.

“Chairman Thune and Ranking Member Nelson, I am pushing FRA each day to be vigilant in the pursuit of safety, and open to paths to innovation from any source. The agency is engaged, enthusiastic, and driven, because we know the gravity of our responsibilities and the size of our opportunities. A safe rail system is a strong rail system. And our country continues to need rail to build its future.

“If confirmed, I would eagerly work with all members of this committee and all members of Congress to build a stronger and safer rail system. One we can all be proud of.

“Thank you Mr. Chairman, and members of the Committee, and I look forward to your questions.”

RRB_seal_150pxBeginning in 2002, a significant portion of the assets of the Railroad Retirement Board (RRB) has been invested in private stocks, bonds, and other investments. Prior to the Railroad Retirement and Survivors’ Improvement Act of 2001, P.L. 107-90, surplus railroad retirement assets could only be invested in U.S. government securities— just as the Social Security trust funds must be invested. The 2001 act established the National Railroad Retirement Investment Trust (NRRIT; hereinafter, the Trust) to manage and invest part of the RRB’s assets in the same way that the assets of private-sector and most state and local government pension plans are invested. The remainder of RRB’s assets continues to be invested solely in U.S. government securities.

Congress structured the Trust to ensure independence of investment decisions and limit political interference. It also aimed to increase railroad retirement system funding, add enhanced benefits, potentially reduce taxes, and protect system financing in case of market downturns. The Trust’s assets are invested in a diversified portfolio, both to minimize investment risk and to avoid disproportionate influence over an industry or firm. Since the Trust is a nongovernmental agency, it is not subject to the same oversight as federal agencies. However, the act requires an annual management report to Congress.

The Trust’s investments have generally followed the markets’ recent performance. From FY2003 to FY2014, the Trust’s annual returns averaged 8.7 percent, just slightly above the expectations of the bill’s drafters, who assumed nominal annual returns of 8.0 percent. The economic downturn did not spare the Trust, which lost 19.1 percent in FY2008, 0.7 percent in FY2009, and 0.1% in FY2011. However, the Trust exceeded its own strategic policy benchmarks in FY2012, FY2013, and in FY2014 with a FY2014 rate of return of 10.2 percent. As the Trust’s investment portfolio diversified over time, its administrative expenses steadily increased, to 36 basis points in FY2011, but fell to 29 basis points in FY2013 and remain low when compared with other mutual funds.

The Trust is designed to maintain four to six years’ worth of benefits in case of lower-than-expected returns. To maintain this balance, the tier II tax rates are set to automatically adjust as needed. This tax adjustment does not require congressional action. The tier II tax rates increased in 2013 and again in 2014.

Read the full report from the House Ways and Means Committee here. 

Washington — Edward Wytkind, president of the Transportation Trades Department, AFL-CIO (TTD), issued the following statement on the progress to build a new Hudson River rail tunnel:

Wytkind
Wytkind

“We are pleased that Governors Chris Christie (N.J.) and Andrew Cuomo (N.Y.) have advanced a joint plan — in a letter to President Obama — to build a desperately needed Hudson River tunnel that serves Amtrak and commuter rail traffic between New Jersey and New York, and links to the entire Northeast Corridor. We applaud the governors for coming together to offer a path forward and thank Senators Charles Schumer (D-NY), Cory Booker (D-NJ) and Robert Menendez (D-NJ) for their leadership on this important issue.

“While we will want to review the details of this proposed funding partnership between New York, New Jersey and the federal government, today’s news gives us hope that this looming mobility and economic crisis may be resolved.

“We have long called for investment in a new Hudson River rail tunnel, especially since Superstorm Sandy devastated the region’s infrastructure including these tunnel crossings. Soon, Amtrak will be forced to initiate rolling shut downs of tunnels for major repairs and upgrades. The chaos and economic damage a shutdown of any of Amtrak’s tunnels would cause are immeasurable as commuters and businesses alike would face many years of severe disruptions.

“We want to thank Secretary of Transportation Anthony Foxx for his persistence. The Secretary’s aggressive effort to bring the parties together kick-started New Jersey-New York negotiations and led to today’s progress.

“We urge the Obama Administration and Governors Christie and Cuomo to reach an agreement quickly on a full funding plan for a Hudson River rail tunnel. This project will put thousands to work, give Amtrak and commuter railroads the infrastructure they need to meet projected growth in traffic and serve as a much needed shot in the arm for our economy.”

Aii report_small“Back on Track: Bringing Rail Safety to the 21st Century,” is a study conducted by the Alliance for Innovation and Infrastructure (Aii) on opportunities that are currently available to enhance rail transportation safety in the United States. 

The study, which focuses largely on crude oil and hazardous shipments, gives real-world solutions that are intended to prevent accidents, rather than mitigate them. Included in that study is a recommendation for the Federal Railroad Administration (FRA) to require two-person crews (see page 14). 

To view the report in its entirety, click here.