Bi-Partisan Chemical Safety Bill Introduced In Senate

Senators Frank Lautenberg (D-NJ) and David Vitter (R-LA) announced a bi-partisan agreement to modernize the Toxic Substances Control Act (TSCA) yesterday. As explained in the attached Press Release, under the Safe Chemicals Act of 2013, the EPA will be given new tools to test and evaluate existing chemicals for safety, and new chemicals before they enter the market. Highlights of the proposed changes to the TCSA are: an evaluation of all chemicals in active commerce as either "high" or "low" potential risk to human health and the environment; EPA is given authority to take action if a chemical is found to be unsafe, ranging from labeling requirements to banning or phasing out of use of a chemical; EPA will be required to assess risks posed to children and pregnant women when evaluating chemicals; and, State and local governments will have input on safety assessment and prioritization of chemical evaluation. The Bill, S. 696 attached here, has broad bi-partisan support in addition to the main sponsors, including Senators Gillibrand (D-NY), Crapo (R-ID), Durbin (D-IL), Alexander (R-TN), Schumer (D-NY), Inhofe (R-OK), Rubio (D-FL), and Manchin (D-WV), among the 14 additional sponsors.

Surface Transportation Board Issues Arbitration/Mediation Rules

The Surface Transportation Board (STB) in a decision published May 13, 2013 in Docket EP-699, issued revised rules for Arbitration and Mediation of disputes before it. The Board's decision, which includes the final rules, is attached here. Arbitration, is a form of binding dispute resolution, where parties submit their dispute to a mutually agreed arbitrator (or panel), for resolution. Mediation, by constrast, is a joint process where parties attempt to resolve their dispute, or settle the matter, with the assistance of a mediator. Under the STB's revised arbitration rules, parties must "opt-in" to arbitration, either before a dispute arises or after an action before the Board has been filed. Arbitration awards are limited to $200,000 (unless the parties agree to expand the maximum), and are limited to disputes involving demurrage, accessorial charges, misrouting/mishandling rail cars, and disputes over a carrier's published rail rules/practices (i.e. tariffs). The new mediation rules published by the Board give the Board authority to order mediation in certain disputes - i.e. "those in which the Board is not required to grant or deny a license or other regulatory approval or exemption, and those that do not invovle labor protection." Sec. 1109.1.

Supreme Court Won't Hear Airline Fee Disclosure Challenge

As an update to my post from January 2012, the U.S. Supreme Court yesterday "denied cert" or refused to hear a challenge to airline fee disclosures and other rules issued by the USDOT. The Court's denial of the petition for review affirms the July 2012 decision of the U.S. Court of Appeals for the D.C. Circuit in Spirit Airlines v. USDOT.

NTSB Recommends Railroads Monitor for Electronic Device Use by Crews

The National Transportation Safety Board (NTSB)recommended today that the railroad industry "use technology-based solutions to detect the presence of signal-emitting electronic devices and that inform railroad management about the detected devices in real time." The recommendations are R-13-5 through R-13-8 (attached here) which were issued following the Board's investigation of a September 2010 train collision between two Canadian National trains in Minnesota. The Board's recommendations call for the use of sensing equipment to report use of electronic devices by crew members to rail management. The most recent recommendations are related to 49 CFR part 220 which prohibits the use of personal electronic devices by train crews. The Board also reiterated prior recommendations to the rail industry dating to 2010 covering the installation of video equipment in train cabs to verify and monitor crew compliance with rules and procedures - classifying the state of these recommendations as "Open- Unacceptable Response." It is likely today's recommendations will not be popular with rail labor, however it should be remembered that there was resistance to forward facing video equipment on locomotives some years past. That resistance has moderated as both railroad and train crews have seen the value of video evidence of crossing accidents, which often implicate drivers in accidents.

NTSB Postive Train Control Forum Agenda Released

As follow up to my earlier post on the NTSB's planned February 27 Positive Train Control forum, the Board released the Agenda for the meeting as well as information on the speakers/panelists, which are linked here for review.

Increased Rail Haz Mat Penalties Published

The Federal Railroad Administration (FRA), published today revised civil monetary penalties for the violation of the Hazardous Materials Transportation Act. The FRA rule implements the increased penalties enacted in July 2012 with the passage of the MAP-21 Act (Moving Ahead for Progress in the 21st Century Act). The increased penalties, which apply to all violations of the federal haz mat transportation laws after October 1, 2012, increase the maximum civil penalty from $50,000 to $75,000 for "knowing violations," and from $100,000 to $175,000 if the violation "results in death, serious injury or severe injury to any person, or substantial destruction of property." Also, the prior minimum penalty of $250 has been eliminated, except that a $450 minimum penalty will apply to training violations.

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.