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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Showing posts with label Postive Train Control. Show all posts
Showing posts with label Postive Train Control. Show all posts

Thursday, December 5, 2013

NY Rep. Proposes Funding for PTC in Wake of Metro-North Accident

Positive Train Control, and the current statutory deadline for railroads to implement the technology of December 31, 2015, is once again front and center news following the December 1 Metro-North commuter rail accident. The accident, apparently caused by a speeding train, caused 4 deaths and dozens of injuries.

Congressman Sean Patrick Maloney (D-NY) has proposed new legislation titled the "Commuter Rail Passenger Safety Act" in a recent press release. The proposed legislation has not been released, but is intended to assist commuter rail lines in implementing PTC.

Specifically, the proposed law would provide access to Federal Railroad Administration loan guarantees under its Railroad Rehabilitation & Improvement Financing program (RRIF), which provides both direct loans and loan guarantees. Also, the law proposes reauthorizing the Railroad Safety Technology Grant Program, which fell victim to the recent budget battles and expired on October 1, 2013.

Other news related to the Metro-North accident, is the NTSB's revocation of "Party Status" to the investigation of the union which represents the train's engineer. The NTSB removed the Association of Commuter Rail Employees (ACRE) from the investigation for discussing details of the on-going investigation, a violation of the NSTB's "Party Agreement." This NTSB press release explains.

Prior the recent Metro-North accident, there seemed to be consensus that not all railroads would meet the December 2015 PTC deadline, with the GAO recommending that Congress permit the FRA to grant case-by-case extensions and approve alternative technologies (see my post of 9/17/13 on the GAO's report here). In the post Metro-North environment, the question is whether significant extensions to the current PTC deadline will be granted or not.

Monday, February 11, 2013

NTSB to Hold Forum On Positive Train Control February 27

The National Transportation Safety Board (NTSB) announced today it will hold a 1-day forum, titled "Positive Train Control: Is it on Track?" on February 27, 2013 at its Washington headquarters. No specific agenda or list of speakers has been named for the forum, however it is clear the status of the implementation of the long-proposed technology to control trains will be the main focus. The NTSB's page on this issue is attached here. The pending FRA docket on the PTC rulemaking is attached here.

Wednesday, February 1, 2012

Surface Transportation Bill Delays Positive Train Control, Cuts Amtrak, Calls for Harbor Funds to Be Spent

The House Transportation and Infrastructure Committee has released its proposed surface transportation reauthorization bill, titled "The Amercian Energy & Infrastructure Jobs Act." According to the Committee's schedule, a mark-up session is scheduled for tomorrow.

Here is Chairman John Mica's (R-FL) Press Release and the House Republicans Summary of the proposed bill (H.R. 7), is attached here. A link to the actual text of the 846 page bill is included within the chairman's press release.

Among the items covered in the bill is a five year extension, to 12/31/2010 for railroads to install Positive Train Control systems on certain track, which is explained as increasing "the opportunity for successful implementation" of PTC.

Also in rail arena, Amtrak would lose 25% of its operating subsidy in fiscal years 2012 (i.e. now), and 2013 in an effort to "focus it on providing better service."

For waterborne transport, the bill notes the Harbor Maintenance Trust Fund (HMTF) has had increased revenue of 17.3% in 2011, but that expenditures from the fund have declined. The Bill does not mandate specific action, but makes these pronouncements about the Fund: 1) that "HMTF is not being used for its intended purpose and charging maritime commerce a maintenance tax while failing to provide the service for which it was established is unfair and places the Nation at economic risk." The Bill also urges the Administration to "request full use" of the fund "for operating and maintaining the Nation's navigation system; and for Congress to "fully expend the amounts" in the fund." (see Bill text at pages 823 and following).

The Bill also contains various consolidation/elimination proposals for duplicative programs, and for streamlining agency rule making. I hope to post in the near future on the proposed regulatory reforms.