Yesterday’s T&I mark-up started off with a manager’s amendment that appeared to include roughly 60 provisions (see coverage here for everything in the manager’s) and went on to adopt another dozen amendments in roll call votes and half a dozen by voice.

There were a few themes that stood out in the amendments that received individual votes to be added to the bill. In particular, the final bill as amended now includes several new rail safety mandates while also adding numerous exemptions to trucking weight limits. In the passenger space, the new authorities and flexibilities for Amtrak TOD projects could be highly significant.

Freight Rail amendments

Numerous amendments were offered regarding freight rail and two were added to the bill, including the Railway Safety Act, offered by Troy Nehls (R-TX). Adding the entire 75 page bill to BUILD America 250 creates a range of new requirements, research studies, and grants.

Among the new requirements will be new FRA regulations on tank cars carrying hazardous materials, including 50 mph speed limits. Other requirements that will be imposed on Class I rail carriers include more data sharing with state and local emergency response coordinators on the materials and volumes being carried in high-hazard trains and the frequency of such train movements, and to develop emergency response plans in cooperation with such emergency response coordinators. Other regulatory updates are made optional, at Secretarial discretion, including for train length and weight limits, and inspection requirements.

The bill adds a definition of defect detection systems, e.g. the network of devices able to detect and communicate safety issues and directs USDOT to develop a research program and then regulate such that Class I railroad will be required to develop and implement defect detector network plans, subject to civil penalties for accidents on non-compliant railroads.

The Railway Safety Act also addresses labor issues. Most publicized has been the 2-person crew requirement for train operations on main lines, although the bill provides an exemption for railroads already operating with fewer than 2 crews as long as they’re not high-hazard or extremely long trains and unless the Secretary determines the level of safety inadequate. Other labor provisions include ensuring inspectors have sufficient time and qualifications to conduct inspections and to require inspections be made daily, with Class I railroads subject to audits by the Secretary every five years.

The language of the Railway Safety Act also authorizes new funding for various purposes, including a $25 million authorization of appropriations to FRA for Rail Safety Infrastructure Research and Development Grants, as well as for PHMSA a $5 million authorization of appropriations for stronger, safer tank car research and development.

The Railway Safety Act establishes a dedicated fund– the ‘Hazardous Materials Emergency Preparedness Fund’–for the funds currently collected in Section 5123 of Title 49 in Section 5108 from registration feels for the transport of hazardous material (by truck or rail), and bolstered by deposits of funds collected in the form of civil penalties on freight railroads. The ‘‘Hazardous Materials Emergency Preparedness Fund” also receives a higher appropriation, increasing amounts from $2 million to $4 million for planning and training grants under section 5116(i) of title 49, as well as $1 millions for the Alert Grant Program authorized under section 5116(j) of title 49.

The bill directs that funds in this HazMat fund be made available for grants, TA, and administrative costs without need for appropriation. This includes a provision to support local emergency responders, setting aside funds from the Hazardous Materials Emergency Preparedness Fund to quickly reimburse entities for costs of responding to significant hazardous materials incidents.

The second freight rail bill added as an amendment is the Secure Tracks provisions from Dina Titus (D-NV). That language requires visual track inspections twice per week and requires immediate remediation of any safety issue identified, granting the inspector sole authority to authorize subsequent movement to facilitate repairs on tracks put out of service. The bill separately requires frequency levels for Track Geometry Measurement System inspections specified for each class of railroad.

Two other rail-related amendments added to the bill may find greater favor with railroads. Mr. Nehls’s amendment increases the cost share for activities funded under the new Rail Technology and Asset pilot program, from 50% in the base bill to 80%, reducing the non-federal share for projects to deploy telematics and other technology to improve safety and efficiency, reduce cargo theft, and monitor rail network fluidity. The manager’s amendment also included language to amend 49 USC 521 to allow railroads to claim that records did not exist at the time FRA requested them, as a defense from penalties.

Trucking Amendments

The new stringency on freight rail stands somewhat in contrast to the exemptions added in for freight movement by truck. One amendment from Ms. Titus adds lithium batteries carriers to be listed as hazmat carriers and another amendment from Rep. Van Drew (R-NJ) bans trucking of horses for slaughter and human consumption, or in double-stacked trailers, but otherwise the amendments largely expand trucking flexibility, particularly with regard to truck size and weight.

Truck size and weight amendments include a pilot program proposed by Rep. Johnson (R-SD) to raise Interstate weight limits to 91,000 pounds for six-axle vehicles—states would have to apply to participate and agree to collect data on safety impacts, but there’s no limit on the number of states that may participate. Another amendment from Rep. Patronis (R-FL) creates a nationwide weight waiver for stinger-steered combination auto transporters up to 88,000 pounds gross weight and greater axle weight tolerance, that prohibits states from restricting access on the interstate and certain other highways. A separate provision in the manager’s amendment exempts stinger-steered combination vehicles from the requirement to display warning flags.

Four other truck size and weight amendments were included in the manager’s amendment:

• Extending the existing Louisiana truck size-weight exemption for sugar cane season from 100 days per year to 125 days per year.
• Expanding the truck weight exemption for Wisconsin logging vehicles to more Interstates.
• Creating a new truck weight exemption for agriculture hauling vehicles in North Carolina.
• Amending 49 USC 31111 to prevent states from imposing overall length limits on the combination of vehicles being towed by heavy-duty tow and recovery vehicles.

Outside of truck size and weight, trucking amendments addressed FMCSA’s registration system, including an amendment from  Rep. Taylor (R-OH) requiring a GAO report on “chameleon carriers” and requiring FMCSA to develop an advanced automation tool to help detect such carriers, as well as from Rep Knott (R-NC), to address cargo theft by strengthening the ability of the FMCSA registration system to detect fraud.

Another amendment offered by Rep. Collins (R-GA) will prohibit States from collecting taxes and other revenues from commercial motor vehicles.

Finally, a provision offered by Rep. Bresnahan (R-PA) will remove the obligation for retrofit a vehicle after an accident to install mandatory safety upgrades if those for parts and equipment were not part of the FMVSS requirements for the vehicle at the time the vehicle was manufactured.

Liability

Two amendments will shield companies from liability. One, from Rep. Nehls (R-TX) expands the liability protections adopted in 2005 for rental car companies to also include peer-to-peer car sharing entities and shared vehicle owners, protecting them from liability under state or local law solely based on vehicle ownership. A second, from Rep. Fong (R-CA), limits liability for Transportation Network Companies, such that as long as the TNC is not grossly negligent or guilty of committing criminal wrongdoing, they can’t be held liable solely for owning, operating, or maintaining a digital network accessed by an app-based driver.

Passenger Rail and Transit

Several amendments can be loosely categorized as passenger rail and transit amendments. Those include an amendment to make Bus Rapid Transit projects eligible under TIFIA and an amendment to change population calculations under CIG.

The most significant change was the Nationally Significant Rail Station Modernization Act offered by Rep. McDowell (R-NC), which clarifies that Amtrak’s general authority for eminent domain to acquire property necessary for intercity rail passenger includes real property located on or adjacent to rail stations or facilities to enable expansion, reconstruction, and modernization of the station as well as TOD projects. It also allows Amtrak to own, lease, license of develop those properties including through public private partnerships, and to use associated revenues for Amtrak capital projects, maintenance, debt service, or other facility costs. Per the provision, real property owned by Amtrak are exempt from state, local, and federal taxes.

The language in the bill provides additional regulatory relief to Amtrak in conducting station area developments, including exemption from state or local building or zoning laws.

The amendment also makes changes to the RRIF. First, for RRIF or TIFIA financed TOD projects, clarifying the reference to “commercial and residential development” to instead refer to ‘‘commercial, retail, office, mixed-use, residential and ancillary development”. Under this amendment, RRIF credit premiums for TOD projects shall be allowed to be financed and shall not be set so high as to make the project unviable. Additionally, USDOT will prioritize RRIF loans for Amtrak-designated TOD-project priorities and complete application reviews within 120 days.

Miscellaneous

The other two amendments voted on in committee are an amendment from Mr. Figures (D-AL) that makes road access projects to fulfill the President’s Maritime Action Plan eligible for STBGP funding, and an amendment from Mr. Begich (R-AK) that adds two Alaskan corridors to the list of high priority corridors designated under ISTEA Section 1105. (Related to the latter, a change in the manager’s amendment allows the new STAG program funds to be used on projects to accelerate improvements on high priority corridors to enable them to meet Interstate standards.)