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Bloated inventories and weak trade making it difficult for truckers, railroads

railyardAmerican truckers have developed a slow leak.

U.S. shipments as measured by the latest Cass Freight Index dropped 5.3 percent last month from a year ago, making it the worst October since 2011. The year-over-year decline was the eighth straight and the biggest since November 2009. Trucks transport almost 70 percent of the nation’s freight by weight, according to American Trucking Associations.

Read more from BloombergBusiness.

osha-logo_webEarlier last week, the Occupational Safety and Health Administration (OSHA) issued a final rule covering railroad whistleblower cases and employer retaliation. The rule serves to clarify whistleblower protections already in place and establishes procedures and time frames for handling employee retaliation complaints covered under the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA).

The final rule stipulates and clarifies the following:

  1. Prompt medical treatment violations or interference with medical treatment cases will be handled procedurally the same way as all other whistleblower cases.
  2. A refusal to allow an employee to return to work, which is not based on standards recorded in the railroad’s official policies, not uniformly applied or not medically reasonable, can be offered to demonstrate that the refusal is not a legitimate safety concern, but rather motivated by retaliatory intent.
  3. The time limit to file a whistleblower complaint is 180 days after the railroad’s decision has been made and communicated to the employee. To clarify this is when the employee is aware or should be aware of the decision, not when the employee learns of the retaliatory nature of the action.
  4. A contributing factor for a retaliatory action is that the adverse action must take place within a temporal time of the protected activity, or at the first opportunity available to the retaliating manager. That can be a number of years between the protected activity and the retaliatory actions in situations where the manager did not have the opportunity to retaliate until a later time.
  5. Interest on awarded back pay will be computed by compounding daily IRS interest rates for the underpayment of taxes, which is currently the Federal short-term rate plus three percent.
  6. Front pay is a potential remedy where reinstatement is not possible because of the unacceptable working relationship, the position has been abolished or the employee is medically unable to work because of severe depression caused by the retaliation.
  7. OSHA has the authority to grant injunctive relief such as expunging certain personnel files, not applying a policy to an employee, posting a notice regarding a whistleblower result, training for managers, etc.
  8. Hearsay evidence is admissible.
  9. An employee filing a complaint in district court must give notice to OSHA within seven days after filing the complaint.
  10. An employee may file both a whistleblower and a FELA complaint at the same time. If violations of other laws are involved, employees may also file those complaints at the same time. 

safety_signWisconsin State Rep. Jill Billings (D-La Crosse) on Wednesday introduced legislation aimed at improving rail safety in her state.

Co-authored by Wisconsin State Sens. Jennifer Shilling (D-La Crosse) and Jerry Petrowski (R-Marathon), the bill would provide for more state rail track inspectors; require railroads to submit prevention and response plans to the state; provide training for local emergency first responders along railroad routes; and create guidelines for coordination and response timelines in the event of a derailment.

Billings introduced the bill in the wake of two derailments in Wisconsin over the past week: a BNSF Railway Co. train derailed in Alma that led to an ethanol spill, and a Canadian Pacific train that derailed in Watertown, spilling hundreds of gallons of crude oil. CP determined that a broken rail caused the incident, the Associated Press reported.

Read more from Progressive Railroading.

Click here to read the full content of the proposed legislation.

vre_logo_webVIRGINIA – Residents Tuesday night packed the lecture hall at Gainesville Middle School to hear about plans to extend Virginia Railway Express to their neighborhood.

The state’s only commuter railroad is conducting a two-year, $4 million planning and engineering a study to examine the impacts and costs of extending VRE’s Manassas line west, and building a new station at Innovation Park at George Mason University in Manassas, in Gainesville, and in Haymarket.

Up to two trains per hour would run along the new line, dubbed the Norfolk-Southern “B-line” which branches off VRE’s main Manassas line to Haymarket. The B line is used today by freight trains, but the addition of up to two more sets of tracks would clear the way for commuter rail service to begin in 2022.
 
Read more from Potomac Local.

PHMSAOn May 8, 2015, the Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Railroad Administration (FRA), published a final rule entitled, “Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains,” which adopted requirements designed to reduce the consequences and, in some instances, reduce the probability of accidents involving trains transporting large quantities of Class 3 flammable liquids.

The Hazardous Materials Regulations provide a person the opportunity to appeal a PHMSA action, including a final rule. PHMSA received six appeals regarding the final rule, one of which was withdrawn.

The five remaining appeals were submitted by the Dangerous Goods Advisory Council (DGAC), American Chemistry Council (ACC), Association of American Railroads (AAR), American Fuel & Petrochemical Manufacturers (AFPM), and jointly the Umatilla, Yakama, Warm Springs, and Nez Perce tribes (Columbia River Treaty Tribes) and the Quinault Indian Nation (Northwest Treaty Tribes).

Dangerous Goods Advisory Council

The DGAC contends that the applicability of the final rule should be limited to the transportation of crude oil and ethanol trains, which, it says, was the stated intention of the rule. DGAC argues that, if the Department wishes to pursue enhanced tank car standards and operational requirements for other Class 3 (flammable liquid) materials, it should do so in a separate rulemaking.

American Chemistry Council

ACC believes that the scope of the final rule will inadvertently affect nearly 40,000 legacy DOT-111 tank cars that transport Class 3 flammable liquids that were not accounted for in the accompanying RIA. ACC states that because a shipper cannot know how a carrier will assemble a train, the possibility that a shipper’s tank car will be placed into an HHFT will force all shippers of Class 3 materials to retrofit or purchase tank cars to meet the DOT-117R or DOT-117 specification. ACC believes that, coupled with a retrofit timeline that does not match the Canadian timeline, the final rule will fail to properly address the risks associated with hazardous materials offered and transported in unit trains.

Association of American Railroads

AAR contests the scope of the final rule because it permits shippers to continue to package Class 3 flammable liquid materials in tank cars that do not meet the new DOT-117 tank car standard. AAR states that PHMSA has created two pools of tank cars, those that meet the heightened standard for HHFTs and those that do not. As a result, AAR asserts, shippers may continue to offer Class 3 flammable liquid materials in DOT-111 tank cars as long as the DOT-111 is not placed in an HHFT. According to AAR, this places an unjustified burden on the railroads to continuously analyze the composition of each train transporting Class 3 flammable liquid materials in DOT-111 tank cars. AAR claims that PHMSA’s argument, that through fleet management the railroads can avoid this issue, is baseless. AAR believes that PHMSA should harmonize with Canada by banning the use of DOT-111 tank cars for transporting any Class 3 flammable liquid materials. By failing to harmonize with Canada in this respect, AAR contends that the U.S. market will become flooded with legacy DOT-111 tank cars, which will further exacerbate the fleet management challenges U.S. railroads will face to construct trains to avoid meeting the definition of an HHFT. To support its appeal, AAR submitted waybill data from its subsidiary Railinc showing numbers of flammable liquid shipments tendered in smaller groups of cars that do not by themselves meet the definition of an HHFT. Data from the first quarter of 2015 illustrate that 37,000 cars of flammable liquids (other than crude oil and ethanol) were tendered in blocks of 20 cars or fewer. During the same period, 37,576 tank cars of other flammable liquids (other than the 25,009 tank cars of crude oil or 39,956 tank cars of ethanol) were tendered in groups of fewer than 35 cars. According to AAR, had the final rule been in effect, a total of 102,541 cars of flammable liquids could have moved in existing DOT-111s. AAR contends that PHMSA should specify a sunset date for discontinuing the use of DOT-111 tank cars for hazardous materials not in an HHFT.

 Summary of PHMSA and FRA response

PHMSA denies the appellants’ (DGAC, ACC, AAR, AFPM, and Treaty Tribes) appeals on Scope of Rulemaking, Tribal Impacts and Consultation, Retrofit Timeline and Tank Car Reporting Requirements, Thermal Protection for Tank Cars, and Advanced Brake Signal Propagation Systems. We conclude we reasonably determined how to apply new regulations and provided the regulatory analysis to support those decisions. While we understand that shippers, carriers, and tank car manufacturers for Class 3 flammable liquids will face new challenges in the wake of these regulations, we maintain that they are capable of complying with the final rule. We also deny DGAC’s appeal to eliminate or provide further guidance for the Sampling and Testing program. The sampling and testing program is reasonable, justified, necessary and clear as written. Additionally, we disagree that a delayed compliance date of March 31, 2016 should be provided for implementation of the requirements in § 173.41 for shippers to implement changes for training and documentation.

With respect to Information Sharing/Notification, PHMSA announced in a May 28, 2015, notice that it would extend the Emergency Order applicable to the topic of Information Sharing/Notification indefinitely, while it considered options for codifying the disclosure requirement permanently. Furthermore, on July 22, 2015, FRA issued a public letter instructing railroads transporting crude oil that they must continue to notify SERCs of the expected movement of Bakken crude oil trains through individual States. While the treaty tribes and other stakeholders will have the opportunity to comment on these future regulatory proposals in the course of that rulemaking proceeding, PHMSA will continue to seek opportunities to reach out to the tribes and consultation from tribal leaders.

Click here to read the full ruling. 

mta_long-island-railroad-logo[1]Metropolitan Transportation Authority (MTA) officials Tuesday began the process of breaking through the floor of Grand Central Terminal in New York City, marking the start of construction on one of several access points that will connect the terminal to a new concourse for Long Island Rail Road (LIRR) passengers being built below.

That concourse is part of the East Side Access construction project, which will bring LIRR trains into Grand Central, MTA officials said in a press release.

Michael Horodniceanu, president of MTA Capital Construction Co., struck the concrete floor with a pickax, signifying the start of work to remove the section of floor to make way for new escalators and stairways. He was joined by MTA Metro-North Railroad President Joseph Giulietti and LIRR President Nowakowski, along with East Side Access project and construction staff.

Read more from Progressive Railroading.

US-DeptOfVeteransAffairsWorld War I – known at the time as “The Great War” – officially ended when the Treaty of Versailles was signed on June 28, 1919, in the Palace of Versailles outside the town of Versailles, France. However, fighting ceased seven months earlier when an armistice, or temporary cessation of hostilities, between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. For that reason, November 11, 1918, is generally regarded as the end of “the war to end all wars.”

In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…”

The original concept for the celebration was for a day observed with parades and public meetings and a brief suspension of business beginning at 11:00 a.m.

The United States Congress officially recognized the end of World War I when it passed a concurrent resolution on June 4, 1926, with these words:

“Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and

“Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and

“Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.”

An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, made the 11th of November in each year a legal holiday—a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as “Armistice Day.” Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, Marines and airmen in the Nation’s history; after American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word “Armistice” and inserting in its place the word “Veterans.” With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars.

Later that same year, on October 8th, President Dwight D. Eisenhower issued the first “Veterans Day Proclamation” which stated: “In order to insure proper and widespread observance of this anniversary, all veterans, all veterans’ organizations, and the entire citizenry will wish to join hands in the common purpose. Toward this end, I am designating the Administrator of Veterans’ Affairs as Chairman of a Veterans Day National Committee, which shall include such other persons as the Chairman may select, and which will coordinate at the national level necessary planning for the observance. I am also requesting the heads of all departments and agencies of the Executive branch of the Government to assist the National Committee in every way possible.”

On that same day, President Eisenhower sent a letter to the Honorable Harvey V. Higley, Administrator of Veterans’ Affairs (VA), designating him as Chairman of the Veterans Day National Committee.

In 1958, the White House advised VA’s General Counsel that the 1954 designation of the VA Administrator as Chairman of the Veterans Day National Committee applied to all subsequent VA Administrators. Since March 1989 when VA was elevated to a cabinet level department, the Secretary of Veterans Affairs has served as the committee’s chairman.

The Uniform Holiday Bill (Public Law 90-363 (82 Stat. 250)) was signed on June 28, 1968, and was intended to ensure three-day weekends for Federal employees by celebrating four national holidays on Mondays: Washington’s Birthday, Memorial Day, Veterans Day, and Columbus Day. It was thought that these extended weekends would encourage travel, recreational and cultural activities and stimulate greater industrial and commercial production. Many states did not agree with this decision and continued to celebrate the holidays on their original dates.

The first Veterans Day under the new law was observed with much confusion on October 25, 1971. It was quite apparent that the commemoration of this day was a matter of historic and patriotic significance to a great number of our citizens, and so on September 20th, 1975, President Gerald R. Ford signed Public Law 94-97 (89 Stat. 479), which returned the annual observance of Veterans Day to its original date of November 11, beginning in 1978. This action supported the desires of the overwhelming majority of state legislatures, all major veterans service organizations and the American people.

Veterans Day continues to be observed on November 11, regardless of what day of the week on which it falls. The restoration of the observance of Veterans Day to November 11 not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day: A celebration to honor America’s veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good.

Click here to find Veterans Day events in your state. 

Click here for military discounts available on Veterans Day.

STB_logoThe Surface Transportation Board announced today that its staff will hold informal meetings with stakeholders between November 16, 2015 and December 7, 2015, on proposed rules for reporting railroad service performance data in the pending proceeding United States Rail Service Issues, EP 724.

The meetings will enable the STB to better assess what types of data might be useful to the public, and how individual railroads monitor performance. With measures in place to ensure public notice, fairness, and transparency, the Board is waiving its general prohibition on ex parte or private communications for a limited time in this proceeding.

“This will be the Board’s first permanent collection of service-related data. These informal meetings will allow open and candid conversations between STB staff and stakeholders regarding the highly technical data questions at issue here,” STB Chairman Daniel Elliott said. “Dialogue between stakeholders and STB technical staff is especially valuable and efficient in these informal circumstances, outside of an appearance before the Board.”

The Board’s decision announcing the meetings and providing information for their scheduling in United States Rail Service Issues—Performance Data Reporting, EP 724(Sub-No. 4), can be found on the Board’s website, www.stb.dot.gov, under “E-LIBRARY” / “Decisions & Notices / 11 / 9 / 2015.”

Seeks input from public, stakeholders before Jan. 30, 2016 for final vision

FRA_logo_wordsWASHINGTON – The Federal Railroad Administration (FRA) today released a Tier 1 Draft Environmental Impact Statement (EIS) for NEC FUTURE, FRA’s long-term investment framework for the Northeast Corridor (NEC) between Washington, DC and Boston, Mass.

“Over the next 30 years, an additional six million people will live along this corridor. To keep everyone to move safely, quickly and efficiently, we need smart planning and significant investment in the Northeast Corridor,” said U.S. Transportation Secretary Anthony Foxx. “We are seeking input as we work toward developing a long-term vision that will prioritize rail investments to ensure a vibrant and safe future for the northeast region and the nation.”

The Tier 1 Draft EIS includes alternative visions for investment in the NEC. The visions range from maintaining the current level of investment and service to significant investment that would dramatically increase rail’s role in transportation for the Northeast. FRA will hold 11 public hearings to gather input and feedback from stakeholders that will inform FRA’s decision on a preferred investment program.

The NEC is the nation’s busiest rail corridor, with more than 700,000 passengers traveling each weekday through eight states and the District of Columbia. The NEC contributes more than $100 million every day to the Northeast’s economy, but it currently operates on outdated infrastructure, much of it built more than 100 years ago, with capacity constraints that cannot accommodate future growth. Choke points and aging infrastructure often disrupt the system’s reliability and performance.

“Trains that connect our nation’s university hub to its financial center to its capital ride over bridges built before 1910 and through tunnels built after the Civil War,” said Federal Railroad Administrator Sarah Feinberg. “NEC FUTURE will guide the region in developing a long-term framework to build a stronger Northeast Corridor that supports economic growth and creates jobs.”

The Tier 1 Draft EIS, which outlines the various visions, is now available for download and review by the public at www.necfuture.com. Print copies are also available at libraries throughout the region.

FRA considered a broad range of alternatives for the NEC, beginning in 2012 with a public scoping process and analysis of travel markets. In 2013, the FRA consolidated nearly 100 initial concepts into 15 visions (Preliminary Alternatives) that varied by level of investment, service, and route. In 2014, the FRA evaluated the Preliminary Alternatives and identified three distinct Action Alternatives; these have been refined and analyzed in the Tier 1 Draft EIS. Each Action Alternative represents a different long-term vision for improving passenger rail service that will enhance mobility options, improve performance, and better serve existing and future passengers in the study area.

Public Hearings

The hearings provide an opportunity for public input on the Tier 1 Draft EIS. No decision has been made on which alternative best meets the region’s needs, and the FRA will consider all comments received during the comment period in making its decision.

FRA will hold public hearings in each of the eight states along the NEC and the District of Columbia. Hearings will be held from 4:00 p.m.-7:00 p.m. on the following dates and locations:

  • 12/9, Boston, MA – Back Bay Events Center, 180 Berkeley Street
  • 12/14, New Haven, CT – Gateway Community College, 20 Church Street
  • 12/15, New York, NY – CUNY Graduate Center, 365 Fifth Avenue (at 34th Street)
  • 12/16, Washington, DC – Hall of States, 444 North Capitol Street, NW
  • 12/17, Providence, RI – Rhode Island Department of Administration, One Capitol Hill
  • 1/11, Philadelphia, PA – SEPTA, 1234 Market Street, Mezzanine Level
  • 1/12, Mineola, NY – Nassau County Municipal Building, 1550 Franklin Avenue
  • 1/13, Hartford, CT – The Lyceum, 227 Lawrence Street
  • 1/14, Baltimore, MD – University of Baltimore, 21 W. Mt. Royal Avenue, 5th Floor
  • 1/19, Newark, NJ – NJ Transit, 1 Raymond Plaza East, 9th floor
  • 1/20, Wilmington, DE – Delaware Technical Community College, 333 Shipley Street

Each hearing will include brief presentations at 4:30 p.m. and 6:00 p.m. There will be an opportunity to speak following each presentation. Individuals planning to speak should sign up when they arrive. A stenographer will also be available for private testimony.

In the event of inclement weather, hearings may be canceled or rescheduled. Please check the website at www.necfuture.com. Persons requiring special assistance to attend a hearing should contact the NEC FUTURE team at comment@necfuture.com.

Email links icon at least five days prior to the hearing they wish to attend.
 
Public Comment Period
 
The public comment period for the Tier 1 Draft EIS is open until January 30, 2016. Comments may be submitted orally or in writing at the public hearings listed above, online at www.necfuture.com, by email to comment@necfuture.com.
 
Email links icon, or sent to: Rebecca Reyes-Alicea, USDOT Federal Railroad Administration, One Bowling Green, Suite 429, New York, NY 10004. Comments must be received by January 30, 2016, to ensure that they are considered and added to the public record.
 
More information is available at www.necfuture.com.

Great_Lakes_Airlines_logo_150pxGreat Lakes Airlines will begin six-day-a-week air service between Pueblo and Denver International Airport on Sunday.

The airline will operate single flights Sunday through Friday using a twin-turboprop, 30-passenger Embraer 120 airplane with a flight attendant.

The service will not operate on Saturdays, Pueblo airport officials said.

Read more from The Pueblo Chieftan.