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Washington, D.C. – Sarah Feinberg, acting director of the Federal Railroad Administration (FRA), addressed the House Committee on Transportation and Infrastructure concerning the implementation of Positive Train Control (PTC) June 24, 2015. Her speech follows.

“PTC technology is arguably the single-most important railroad safety development in more than a century. The technology is not new though – elements of PTC have existed since the early 20th century. In fact, regulators and safety advocates have been calling on the rail industry to implement some form of PTC for many decades.

“The Rail Safety Improvement Act of 2008 required the current functionality of Positive Train Control to be fully implemented by December 31, 2015. PTC is required on Class I railroad main lines where any poisonous or toxic by inhalation hazardous materials are transported. It is also required on any railroad’s main line where regularly scheduled intercity or commuter rail passenger service is conducted.

“Following passage of the PTC mandate in 2008, railroads submitted their PTC Implementation Plans in 2010 – these plans laid out a path forward that would allow each railroad to meet the deadline.

“As I have stated to this committee before: safety is the Federal Railroad Administration’s top priority. The rail system is not as safe as it could be without the full implementation of PTC. A safe rail system requires the full implementation of Positive Train Control. And that’s why FRA will enforce the Dec. 31, 2015 deadline for implementation, just as Congress mandated.

“For several years, FRA has been sounding the alarm that most railroads have not made sufficient progress in implementing PTC.

“In the seven years since passage of the PTC mandate, FRA has dedicated significant resources and worked closely with the railroad industry in order to assist and guide implementation. The FRA has:

Hired staff to assist and oversee the implementation of PTC;
Worked directly with the Federal Communications Commission to resolve spectrum issues and improve the approval process related to PTC communication towers;
Built a PTC system test bed at the Transportation Technology Center in Pueblo, Colo.;
Provided approximately $650 million in grant funds to support PTC implementation. This includes American Recovery and Reinvestment Act grants as well as Amtrak grants and other annual appropriations;
Requested $825 million to assist commuter railroads for the last two years;
Issued a $967-million loan through the Railroad Rehabilitation and Improvement Financing program to the New York Metropolitan Transportation Authority, the nation’s largest commuter railroad.

“I have also established a new PTC Task Force Team within FRA – that team is aggressively managing and monitoring each individual railroads’ progress, tracking data, ensuring we have the most accurate and up-to-date information and reporting in to me multiple times per week. This team is working in close collaboration with the many individuals at FRA, based here in Washington and in offices around the country, already working on this challenge.

“But, unfortunately, despite FRA’s financial support, technical assistance and warnings to Congress, many railroads have stated publicly that they will still not meet the Dec. 31, 2015, deadline.

“Recently, FRA received updated information about PTC implementation from 32 of the 38 railroads that we are currently tracking for enforcement purposes. Initial analysis indicates that Class I railroads have:

Completed or partially completed installations of approximately 50 percent of the locomotives that require PTC equipment;
Deployed approximately 50 percent of wayside units;
Replaced approximately 50 percent of signals that need replacement; and
Completed most of the required mapping for PTC tracks.

“By the end of 2015, AAR projects that:

39 percent of locomotives will be fully equipped;
76 percent of wayside interface units will be installed;
67 percent of base station radios will be installed; and
34 percent of required employees will be trained.

“According to APTA, 29 percent of commuter railroads are targeting to complete installation of PTC equipment by the end of 2015. Full implementation of PTC for all commuter lines is projected by 2020.

“FRA continues our work to finalize an enforcement strategy for those railroads that will miss the deadline. As with any regulatory enforcement posture, our ultimate goal is to bring all railroads into compliance as quickly and as safely as possible.

“Starting on January 1, 2016, FRA will impose penalties on railroads that have not fully implemented PTC. Fines will be based on FRA’s PTC penalty guidelines, which establish different penalties depending on the violation. There are many potential violations, such as:

$15,000 to $25,000 fine for failure to equip locomotives

“The penalties may be assessed per violation, per day and may be raised or lowered depending on mitigating or aggravating factors.

“The total amount of penalty each railroad faces will depend upon the amount of implementation progress the railroad has made.

“FRA will also use additional, appropriate enforcement tools to ensure railroads implement PTC on the fastest schedule possible – be it emergency orders, compliance orders, compliance agreements, additional civil penalties or any other tools at our disposal.

“FRA is also planning for what will come after the Jan. 1 deadline. In both 2014 and 2015, the Department and FRA asked Congress to provide FRA with additional authorities that would address the safety gap that will exist on many railroads between Jan. 1, 2016 and each railroad’s full PTC implementation.

“These additional authorities would provide FRA with the ability to review, approve and require interim safety measures for individual railroads that may fail to meet the PTC deadline. These interim safety requirements would be to ensure railroads are forced to raise the bar on safety if they miss the PTC deadline – but will not and cannot be used to replace or extend the deadline.

“In conclusion, I want to extend my thanks and appreciation to this Committee for its attention and focus on achieving full PTC implementation as efficiently and quickly as possible. We look forward to working with this Committee to improve our programs and make the American rail network safer, more reliable and more efficient.”

Tags APTA, Feinberg, FRA, PTC, PTC Task Force Team, Sarah Feinberg

WASHINGTON, D.C. – The U.S. Department of Transportation’s Federal Transit Administration (FTA) announced a Notice of Proposed Rulemaking (PDF) that would improve the process for testing the safety and reliability of new transit buses funded with federal dollars. The proposed rule would establish minimum performance standards, a new pass-fail grading system for bus testing, and a weighted scoring process that would better assist local transit agencies in purchasing an appropriate vehicle.

In addition, the proposed rule would clarify and improve verification of two Departmental regulations: the Buy America requirements that have stimulated American manufacturing of transit vehicles, components and related technology; and the rules that support businesses owned by women and minorities (Disadvantaged Business Enterprises) throughout the supply chain.

“Millions of riders depend on transit buses every day to get to work, school, healthcare, and home again,” said U.S. Transportation Secretary Anthony Foxx. “While buses are already a very safe mode of travel, transit customers deserve to know that the buses they ride on are as safe and reliable as possible.”

The proposed rule would require new buses meet minimum thresholds in structural integrity, safety, maintainability, reliability, fuel economy, emissions, noise, and performance. The rule would refine and streamline the existing standardized procedures used by the FTA Bus Testing Facility at Pennsylvania State University’s Larson Transportation Institute in Altoona, Pa.

“When the FTA helps local transit agencies purchase new buses, it is imperative that those vehicles are a high-quality investment,” said FTA Acting Administrator Therese McMillan. “This proposed rule would help ensure buses are long lasting and low maintenance, saving transit agencies valuable resources and reducing the frustrating delays that riders endure when buses have to be removed from service unexpectedly.”

The proposed bus testing rule was developed following extensive outreach to FTA’s partners across the transit industry, including transit vehicle manufacturers, component suppliers, public transit agencies, and state departments of transportation. Public outreach efforts will continue throughout the comment period to solicit feedback from these and other stakeholders.

The proposed rule was directed by Congress in the Moving Ahead for Progress in the 21st Century Act (MAP-21). As FTA continues to implement its statutory safety authority under MAP-21, the proposed bus testing rule will be coordinated with FTA’s other safety initiatives.

Tags Anthony Foxx, DOT, FTA, transit buses

WASHINGTON – More than 10,000 veterans and active duty personnel have now taken advantage of the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) Military Skills Test Waiver Program. In the first three years of the Military Skills Test Waiver Program, approximately 6,000 former military personnel obtained a civilian commercial driver’s license (CDL). In the past 12 months alone, another 4,000 individuals, including Reserves, National Guard, and U.S. Coast Guard service members, have taken advantage of the Program.

“It is our duty to help returning veterans transition into civilian life, and I am proud that so many have used this program to secure careers in the transportation sector,” said U.S. Transportation Secretary Anthony Foxx. “Just as important, we want to put their valuable skills and experience to work driving the Nations’ economy.”

The Military Skills Test Waiver Program, which began in 2011, grants state licensing agencies, including the District of Columbia, the authority to waive the skills test portion of the CDL application for active duty or recently separated veterans who possess at least two years of safe driving experience operating a military truck or bus. Waiving the skills test expedites the civilian CDL application process and reduces expenses for qualified individuals and operating costs to state licensing agencies.

“In the near future, the need for skilled truck drivers is expected to grow dramatically,” said FMCSA Chief Counsel Scott Darling. “Having skillful and experienced drivers operating on our roadways will lead to increased safety for every member of the motoring public.”

The USDOT/FMCSA Military Skills Test Waiver Program has been conducted in close cooperation with the Department of Defense and the American Association of Motor Vehicle Administrators (AAMVA).

Additional information, including a standardized application form accepted in all 50 states and the District of Columbia, is available by clicking here.

Tags AAMVA, Anthony Foxx, Department of Defense, DOT, FMCSA

R. J. Corman Railroad Company has agreed to acquire the Carolina Southern Railroad for $13.9 million, with plans to rehabilitate and operate the short line.
The railroad company announced in a press release yesterday that it was selected as the owner/operator by a two-state rail committee formed to sell the short line, which was shut down in 2011. The line extends from Mullins, S.C., to Whiteville, N.C., and to Conway, S.C., where it connects to a line owned by Horry County, S.C., that reaches Myrtle Beach.
“Our company has seen significant growth over the past few years, and we are very pleased to announce this significant acquisition,” said R. J. Corman Railroad Group President and Chief Executive Officer Craig King.

Read more from Rail Resource.

Tags CSX, Framingham Secondary Rail Line, MassDOT

Washington, D.C. – The National Mediation Board (NMB) is pleased to announce that in June 2015 three new mediators have joined the NMB:

Jane Allen joins the NMB with 22 years of experience in the airline industry. She also practiced law for five years. Ms. Allen worked for five years in a senior executive capacity at a large legacy carrier. She had overall responsibility for cabin crew operations as the Senior Vice President Onboard Service. Subsequently, Ms. Allen directed the company’s human resource and labor activities as the Senior Vice President of Human Resources. As a member of the company’s executive committee, she provided advice and counsel on strategic human resource and labor matters to the senior executive team and the Board of Directors.

Ms. Allen also held a variety of positions over 17 years at another large legacy air carrier. As the Vice President of Employee Relations and Chief Labor Negotiator, she directed all collective bargaining, and was responsible for contract interpretation, labor relations, and mediation. In this position she gained broad experience under numerous Railway Labor Act provisions, and in Alternative Dispute Resolution. Ms. Allen also served as the carrier’s Vice President of Flight Service and the Managing Director of Compensation and Benefits for all employees.

Ms. Allen holds a JD from Vanderbilt University’s School of Law and a BA in Communications from The Ohio State University.

Eva Durham joins the NMB with 40 years of airline labor relations experience at regional, legacy and ULLC carriers. She began her career as a flight attendant with Ozark Airlines, where she was elected to the AFA MEC. At TWA, Ms. Durham served as a labor advocate on cross divisional labor teams and later worked with multiple labor groups as manager in the TWA human resource – labor relations organization. Her labor experience in the regional airline industry includes serving as Vice President Inflight at Atlantic Southeast Airlines, and leading the Inflight department at Compass Airline. Ms. Durham gained ULLC experience at Frontier and Spirit Airlines, where she served as Senior Director Inflight. Her tenure in the airline industry includes labor relations, contract negotiations, and leading change during airline bankruptcy, strike, mergers, spin offs, and transitions.

Ms. Durham holds a Bachelor of Science degree in Industrial and Organizational Psychology from Washington University in St. Louis, Missouri. Her MBA was earned at Clayton State University in Morrow, Georgia. She has completed mediation training at Harvard Law School and worked as a Georgia civil and domestic relations mediator.

Catherine McCann joins the NMB with considerable experience in labor relations. Prior to joining the NMB, Ms. McCann worked in the commercial aviation industry for 18 years in various Human Resources and Labor Relations capacities. She served as the Vice President of Employee Relations and the Vice President of People for American Eagle Airlines. She had responsibility for all Human Resources and Labor Relations functions and negotiated multiple labor agreements with each of American Eagle’s unions, including six restructuring agreements during bankruptcy.

During her tenure at American Eagle, Ms. McCann gained extensive experience in the utilization of interest based bargaining and alternative dispute resolution techniques. She managed labor relations, contract administration, grievance resolution and arbitration issues.

Ms. McCann also has labor relations experience with unions in Canada and the Bahamas.

Ms. McCann holds a Bachelor of Arts in English from the University of North Texas.

Tags Catherine McCann, Eva Durham, Jane Allen, Mediators, National Mediation Board, NMB

Washington, DC — Edward Wytkind, president of the Transportation Trades Department, AFL-CIO (TTD), issues this statement on the consideration of the Amtrak Reauthorization bill:

“We applaud Senators Roger Wicker and Cory Booker for working in a bipartisan fashion to craft a sensible Amtrak Reauthorization bill that will be considered by the Commerce Committee today. The bill proposed by Wicker and Booker provides Amtrak with higher funding levels than the bill passed by the House, and includes reforms to the rail financing program that meet pressing needs to replace 100-year-old rail tunnels and other major infrastructure projects.

“While we strongly support these provisions, we remain concerned that the Wicker-Booker bill allows entities other than Amtrak to bid on service without full assurances that these rail operators will be covered by the same rail labor laws Amtrak follows today. If entities other than Amtrak are going to compete for business in the intercity passenger rail sector, then they should be required to comply with the same rail labor statutes and not be permitted to gain a competitive advantage at the expense of rail employees.

“While we are pleased that the bill contains provisions to bolster rail safety, we believe this legislation misses the chance to advance a number of common sense reforms that will make rail transportation safer. We also reject efforts to use this bill to mandate inward-facing cameras without basic privacy and anti-harassment protections for workers who spend up to 70 hours a week in locomotive cabs.

“We look forward to working with Senators Wicker and Booker to address these shortcomings and to craft a final bill that ensures our nation’s passenger rail system receives the funding and support needed to make it an engine for good jobs, mobility and strong economic growth.”

Tags AFL-CIO, AFL-CIO Transportation Trades Department, Amtrak, Amtrak reauthorization bill, Edward Wytkind, TTD

Elliott, Dan; Dan Elliott; Elliott; STB; STB Chairman — Elliott

The Senate on June 22 easily confirmed the nomination of Daniel Elliott for a reappointment on the Surface Transportation Board.

Elliott’s nomination was confirmed by voice vote. During his confirmation hearing, Elliott said he would ensure the board continues “to facilitate the resolution of service issues so that interstate commerce flows as smoothly and efficiently as possible in support of the U.S. economy.”

Elliott was a lawyer with the United Transportation Union. He was the board’s chairman from 2009 until December, when his term expired.