Posted by Randy Gordon on January 23, 2015

The Senate Commerce, Science and Transportation Committee has scheduled the first of what is expected to be a series of rail hearings this year that ultimately will culminate with consideration of legislation to reauthorize the federal Surface Transportation Board (STB).

The committee's first hearing in the new Congress is slated for Jan. 28, and will focus on challenges confronting the nation's freight rail network created by higher-volume demand from various sectors, including crude oil; pending and proposed rules and regulations, such as positive train control requirements imposed on rail carriers; and rail infrastructure needs. In announcing the hearing, new Senate Commerce Committee Chairman John Thune, R-S.D., said it was part of his ongoing efforts to improve freight rail service for ag producers and shippers and prevent future rail-service disruptions.

"Rail service challenges that began over a year ago throughout South Dakota are still fresh in the minds of ag producers and those who depend on reliable freight rail service," said Thune. "As chairman, I recognize the important role the Commerce Committee has in overseeing our nation's freight rail sector and believe this hearing is key to continuing our work on improving freight rail service. I remain committed to working with shippers, the railroads, and the STB to examine where things went wrong in the past and determine how we can prevent backlogs and service delays from occurring in the future. The railroads have taken some steps to address these challenges, including record investment, and I look forward to examining the state of the freight rail sector during the upcoming hearing."

Those scheduled to testify at the hearing are:

  • Frank Lonegro, vice president, service design, CSX Transportation.
  • Dave Brown, chief operating officer, Genesee & Wyoming Railroad Services.
  • Michelle Teel, multimodal director, Missouri Department of Transportation.
  • Chris Jahn, president, The Fertilizer Institute.
  • Bill Johnson, former director of the Port Miami and former chair of the Florida Ports Council.

During the previous Congress, the Senate Commerce Committee conducted several rail-related hearings, including one on rail service challenges facing shippers at which Jerry Cope, vice president, marketing for Dakota Mill and Grain Inc., Rapid City, S.D., testified on behalf of NGFA and South Dakota Grain and Feed Association.

In addition, the Commerce Committee on Sept. 17 passed a bipartisan STB reform bill (S. 2777) introduced by Thune and former Commerce Committee Chairman Jay Rockefeller, D-W.Va. Among other things, the bill - which died when the last Congress adjourned - would have:  1) authorized the STB to initiate investigations of rail practices (except rates) on its own initiative, rather than having to wait until a shipper filed a formal compliant; 2) required the STB to report quarterly to Congress, and in most cases to the public, on the status of ongoing STB proceedings, the status of complaints filed with the agency and how they're resolved, service complaints received by the STB and how they're resolved, and the status of unfinished STB proceedings; and 3) enabled STB commissioners to communicate with one another about proceedings and issues to create a more informed and deliberative process at the agency. Currently, STB commissioners and their respective staffs are banned from such discussions unless a public meeting is called.

It is believed widely that Thune will reintroduce an updated version of the STB reauthorization bill with other co-sponsors sometime this spring.

Elliott Renominated to STB:  In a related matter, another item of business for the Senate Commerce, Science and Transportation Committee this spring will be to consider the renomination of Daniel R. Elliott as STB chairman. Elliott's term lapsed on Dec. 31, at which time then-Vice Chairman Debra Miller was appointed to serve as acting chairman. The sole remaining STB member - Ann Begeman - was elevated to vice chairman at that time.

President Obama earlier this month renominated Elliott to another four-year term on the STB, and to serve as chairman if confirmed by the Senate. Elliott previously had served since 2009 as the agency's fifth chairman. Prior to that, he had worked since 1993 as associate general counsel for the United Transportation Union. Earlier, Elliott had served in a private law practice in both Cleveland, Ohio, and Washington handling a variety of litigation matters. A Michigan native, he grew up in Cleveland and was graduated from the University of Michigan in 1985 with a degree in political science and earned a law degree from Ohio State College of Law in 1989.

As chief operating officer, Randy Gordon is responsible for implementing the policies of the Board of Directors and for planning, coordinating and implementing the NGFA's programs, services and budget.

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