Monday, June 13, 2022

Rail’s safety record on the agenda

Presented by Union of Concerned Scientists: Delivered every Monday by 10 a.m., Weekly Transportation examines the latest news in transportation and infrastructure politics and policy.
Jun 13, 2022 View in browser
 
POLITICO's Weekly Transportation newsletter logo

By Alex Daugherty

Presented by Union of Concerned Scientists

With help from Tanya Snyder and Oriana Pawlyk 

Quick fix

— A new rule requiring railroads to start fatigue management programs is announced a day before Congress examines the industry's safety record.

— NHTSA is coming out soon with its report on crashes related to vehicles with advanced driver assistance systems.

— One of the federal government's last Covid rules ends, as there's no more pre-departure testing requirements for all travelers coming into the United States.

IT'S MONDAY: You're reading Morning Transportation, your Washington policy guide to everything that moves. As always, send tips, pitches, feedback and song lyrics to adaugherty@politico.com. You can find all of us on Twitter:@alextdaugherty, @TSnyderDC and@Oriana0214.

"If somebody says they figured it out/And they're leaving any room for doubt/Come up with a test/Yeah, you need a test."

 

A message from Union of Concerned Scientists:

Diesel trucks are the leading source of dangerous tailpipe emissions that cause tens of thousands of premature deaths nationwide each year —especially in BIPOC communities near ports, rail hubs, and freight corridors. The EPA has proposed new tailpipe standards to reduce pollution from heavy-duty diesel trucks. Unfortunately, the rule falls short in setting a path to zero-emissions trucks and does not address health disparities from truck pollution. Nearly 1000 scientists agree that the EPA must strengthen standards.

 
Driving the day

NEW SAFETY REGS COMING: A new rule published in the Federal Register on Monday requires certain railroads to implement fatigue risk management programs that must be approved by the Federal Railroad Administration. The new rule announcement comes a day before the House Transportation Committee holds a rail safety hearing on Tuesday. Greg Regan, president of the AFL-CIO's Transportation Trades Department, said his coalition's unions "welcome" the new rule that will help address "scheduling, drug and alcohol testing and hours of service concerns."

"This rule provides a solid framework for continued engagement between labor unions and the FRA to ensure that employers are providing working conditions that keep workers and the public safe," Regan said in a statement.

INDUSTRY CONCERNS: The Association of American Railroads, ahead of Tuesday's hearing, shared a statement with MT outlining its issues with the FRA's oversight of automated track inspection technology, arguing that the FRA "recently refused to extend the geographic scope of one railroad's ATI program and refused to permit another's to continue," along with delaying other applications to expand the technology. And AAR continues to raise concerns with a regulation that would require railroads to place at least two workers in the cab of a locomotive at all times.

"Existing and expected policy from the FRA raises questions about the agency's commitment to progress and willingness to collaborate with stakeholders, such as industry," AAR wrote in its statement.

CHINESE RAIL CARS TO CHICAGO RAISE ALARMS: The Rail Security Alliance on Friday called on FTA and members of Congress from Illinois to investigate the delivery of Chinese-made rail cars to the Chicago Transit Authority — reported in the Chinese press as "the largest railcar project exported by a Chinese enterprise to a developed country" — despite federal Buy America provisions. The cars were made by CRRC, which was explicitly targeted by a law enacted in late 2019 banning the use of federal funds to purchase rail rolling stock from Chinese state-run companies.

"Time and time again, communist China's state-owned enterprises, including CRRC, openly ignore U.S. law," the Rail Security Alliance said in a statement. "It's time they were held accountable." RSA told POLITICO that while CTA "does bear some responsibility," the onus is on CRRC to certify Build America compliance.

CTA responds: CTA spokesperson Brian Steele said that the agency's railcars fully comply with the Buy America Act and that 70 percent of the components used in the new cars are made in the United States, though the steel car body shells are shipped here from China. He also noted that CTA approved this contract with CRRC nearly four years before the law against Chinese railcars was enacted.

 

A message from Union of Concerned Scientists:

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Automobiles

CRASH REPORT COMING: NHTSA is expected to release soon its report on crashes related to Level 2 automobiles — those with advanced driver assistance systems, or ADAS — and vehicles with higher levels of automation. The report is the product of the information NHTSA collected through the standing general order the agency issued a year ago, requiring manufacturers and operators of automated and driver-assist-equipped vehicles to report crashes to the agency. In August, the order was amended to require those reports to be made within 24 hours. The requirement is in effect until June 2024, so the upcoming report is likely not the last word on the issue, but will reflect the data the agency has collected to date and could hint at its next moves. Industry officials are hoping the data will be contextualized with figures on crashes resulting from human behavior.

INFLATION BITES BACK: May saw prices for used cars and trucks rise for the first time in three months as overall inflation recorded its largest 12-month increase since 1981, your MT host reports.

GAS-POWERED: The latest Consumer Price Index numbers, released Friday, show an 8.6 percent increase in prices over the past year, with a 1 percent increase in just the last month. Unsurprisingly, record high gas prices were the largest driver of inflation, with prices up 16.9 percent in the last month and 106.7 percent over the past year. Gas prices across the country on Sunday hit another all-time high of $5.01 per gallon on average, according to AAA.

BACK TO WHERE WE WERE : But the price of used cars and trucks, one of the largest drivers of overall inflation late last year, crept up again after CPI data for February, March and April showed that used car prices were easing down despite a massive jump in gasoline prices after Russia's invasion of Ukraine.

#VANLIFE : Not all car types saw the same price increases. While most cars and SUVs saw similar price increases over the past year, the price of pickup trucks is down 0.7 percent from May 2021 and the price of vans has spiked by 27.6 percent.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 

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Around the Agencies

COVID ALERT: DOT Deputy Secretary Polly Trottenberg tested positive for Covid on Friday morning and said she was "experiencing mild symptoms." She said she plans to work from home until she can safely return to the office. Secretary Pete Buttigieg tested positive last Monday.

On the Hill

SHIPPING OUT: While Sunday'sbipartisan deal on guns will undoubtedly dominate discussion on the Hill this week, another bipartisan effort to impose new rules on large container ships is poised to finally clear Congress and President Joe Biden's desk. The House is expected to vote on S. 3580 early this week, and the bill's eventual passage into law will grant the Federal Maritime Commission significantly more authority for extensive rulemaking and potential crackdowns on ocean-going container ships, where the biggest players are all foreign companies.

"The Senate version, while not perfect, is going to deliver real value for ag producers and manufacturers," Rep. Dusty Johnson (R-S.D.) told your MT host.

COMPLAINT DEPARTMENT: American exporters have complained since the onset of the pandemic that ocean carriers were refusing to ship American goods and materials abroad in favor of sending empty containers back to fill with foreign exports faster.

FILL UP ON ETHANOL: The House is also expected to consider a broad bill, H.R. 7606 (117), that includes a provision that would allow the summertime sale of E15 gasoline. The proposal was originally written by Reps. Angie Craig (D-Minn.) and Adrian Smith (R-Neb.) and would allow the EPA to grant waivers for the year-round sale of E15 and higher-blend fuels. The EPA already issued an emergency waiver for summer E15 sales in April, as part of the White House's attempts to lower fuel costs after Russia's invasion of Ukraine.

 

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Aviation

TESTS BE GONE: Oriana reports that the Biden administration lifted pre-departure testing requirements for all travelers coming into the United States from overseas, removing as of midnight on Sunday one of the last Covid-19 travel restrictions still in place in America.

TRAVEL INDUSTRY REJOICES: Buttigieg said the announcement was "welcome news for travelers and for millions of American workers whose jobs are supported by international travel." Airlines and the travel industry spent months advocating for removing the testing requirement, arguing it discouraged air travel, while travelers stranded overseas often sought workarounds to get into the U.S. through a land border, where the testing requirement for travel did not exist.

PUBLIC HEALTH CONCERNS? NOT REALLY : The public health sector also seems on board with the decision. Scott Becker, CEO at the Association of Public Health Laboratories, cheered the decision, saying that "I was never convinced it was adding any real protection" and that overseas "my experience was that it seems to be 'pay to play' for a negative test."

ASSAULT WON'T FLY: Airline workers organized with the Transport Workers Union of America on Friday launched a national campaign called Assault Won't Fly , highlighting the surge of harassment and assault by passengers on airline workers. They're calling for legislative and regulatory action, as well as airline policies, to protect these workers, and they support H.R. 7433 (117) , the Protection from Abusive Passengers Act. TWU members will hold actions at major airports across the country asking workers and passengers to sign a letter calling for the creation of a Flight Attendants Bill of Rights. They'll also be handing out bag tags and wristbands that say "Assault Won't Fly" and postcards directing people to a website with more information about the campaign.

Shifting Gears

IN MEMORIAM: Greg Andrews, senior partner at Smith Dawson & Andrews, died June 5 after a brief illness. He worked for decades in lobbying, politics and public affairs, especially in aviation circles, including several presidential campaigns, Democratic National Conventions and DOT in the Carter administration. A memorial will be held in Washington in September. (h/t Daniel Lippman)

Doug Carr was selected by Trottenberg to be CEO of the Union Station Redevelopment Corporation, a nonprofit tasked with preserving Union Station's architecture and maintaining the station's functionality. Carr previously worked for the Moynihan Station Development Corporation, which led the development of Moynihan Train Hall in New York City.

The Autobahn

— "Governor: U.S. wants revisions to New York congestion pricing plan." Reuters.

— "Delays, shortages and strikes: Can the aviation industry get airborne by summer?" Financial Times.

— "Justice Dept. says it won't reopen Ghaisar investigation." WTOP.

— "Rumbling through modern Jordan, a railway from the past." The New York Times.

Did we miss an event? Let MT know at transpocalendar@politicopro.com

 

A message from Union of Concerned Scientists:

Diesel trucks are the leading source of dangerous tailpipe pollution that cause tens of thousands of premature deaths nationwide each year — especially in Black, Latino, Asian American and other marginalized communities near ports, rail hubs, and freight corridors.

The Environmental Protection Agency (EPA) has proposed new tailpipe standards to reduce toxic emissions from heavy-duty diesel trucks. Unfortunately, the rule caves to industry pressure, falls short in setting a clear path to zero-emissions trucks, and does not address disproportionate health impacts from truck pollution.

We can eliminate tailpipe emissions from heavy-duty vehicles by transitioning the freight sector to zero-emission trucks. Trucks are on the roads for decades, which means the choices we make now will have an effect for years to come. Nearly 1000 scientists agree that the EPA must strengthen standards.

 
 

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Kathryn Wolfe @kathrynwolfe

Alex Daugherty @alextdaugherty

Oriana Pawlyk @Oriana0214

Tanya Snyder @tsnyderdc

 

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