Federal Comments

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Highway Administration’s (FHWA) Request for Information regarding Buy America Requirements for Manufactured Products. TTD consists of 37 affiliate unions representing workers in construction and manufacturing who are directly impacted by Buy America policies.

The general applicability waiver discussed in this docket has survived for 40 years and has outlived its usefulness. Such broad and general waivers should never be used when targeted, time-limited, and transparent waivers can serve instead. In this case, targeted waivers would create market signals to increase U.S. production of needed manufactured products and their upstream components, inputs, and materials.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding Union Pacific’s (UP) petition to extend its waiver allowing Class I brake tests and other procedures associated with a train entering the United States to be performed at alternate locations instead of immediately at the border. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA deny UP’s petition to extend its waiver. Additionally, we endorse the comments of our affiliate, the Brotherhood of Locomotive Engineers and Trainmen (BLET).

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of its intent to review a quiet zone located in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA end the current quiet zone order for this area to increase safety for workers and communities surrounding rail lines. Additionally, we endorse the comments of our affiliate, the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).

With 34 serious incidents, including 22 fatalities in 2022, it is clear that this zone requires additional safety measures to mitigate risk. The most rapid plan would be to immediately discontinue the quiet zone and assess whether that provides a sufficient level of safety for workers and communities located near rail tracks. Following this period of study, there may be additional needs to increase safety. However, it is clear that there is a high level of risk presently, and it is simply unacceptable for rail operations to continue to injure and kill people.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Maritime Administration’s (MARAD) request for information concerning cargo preference. TTD consists of 37 affiliated unions representing U.S maritime workers offshore and onshore and dockworkers. Additionally, we endorse the comments of USA Maritime.

U.S.-flagged ships currently carry less than 2% of cargo in the U.S.-international trade. One way to increase the amount of cargo carried by U.S.-flag vessels is to stimulate demand by restoring and enhancing U.S.-flag cargo preference shipping requirements. In 2012, Congress arbitrarily reduced civilian cargo preference policies in the Moving Ahead for Progress in the 21st Century Act, slashing Cargo Preference or Ship-American requirements for international aid cargoes from 75% to 50%. This change has drastically reduced the size of our fleet and outsourced U.S. maritime jobs. 

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of a recent joint request from 20 railroads to amend their positive train control (PTC) safety plans. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers. Additionally, TTD endorses the comments of our affiliate, the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD).

High-Hazard Flammable Trains

The joint PTC request for amendment (RFA) from 20 railroads that use Wabtec PTC systems would restrict operating speeds to 50 mph in all areas and 40 mph in “high-threat urban areas” for trains with tank cars that do not meet the enhanced tank car standards also laid out in a 2015 Pipeline and Hazardous Materials Safety Administration (PHMSA) final rule.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of a recent petition for extension of a waiver of compliance from Norfolk Southern (NS) regarding its R-3 Dual Rail Gang. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers and maintenance of way workers who work with this equipment.[1] We ask FRA to deny this petition for the reasons discussed below. Additionally, we endorse the comments filed by our affiliated union, the Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters (BMWED).

The R-3 Gang is a system-level production gang of 78 employees and 40 roadway maintenance machines with the capability to remove both rails while simultaneously installing both new rails. During dual rail replacement, both rails are removed from the track structure and positioned on the ballast against the outside of the cross ties on the occupied track. In this position, the removed rail is nearly 16.75 inches closer to the adjacent controlled track than its normal gauge position on the crosstie. In this waiver, NS requests to continue using the removed rails of the occupied track as an envelope for on-ground work performed exclusively between these rails for the employees working on the R-3 Dual Rail Gang. Additionally, NS requests to allow up to four on-ground employees (when working with one adjacent controlled track) and up to eight on-ground employees (when working with two adjacent controlled tracks) of the R-3 Dual Rail Gang to break the plane of the outside rail to perform minor work.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Aviation Administration’s (FAA) proposed rule regarding Safety Management Systems (SMS). TTD consists of 37 affiliated unions, including those representing aviation and mechanical crafts. Additionally, we endorse the comments filed by our affiliated union, the Transport Workers Union of America (TWU).

As TWU stated in their comments, “As SMS is expanding to cover nearly the entire airline sector, leaving repair stations out of these requirements deprives the FAA and stakeholders of vital safety information. It also incentivizes outsourcing airline maintenance operations to non-SMS properties – a significant loophole clearly not envisioned by the FAA in the original SMS rule.”

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Motor Carrier Safety Administration’s (FMCSA) notice regarding an exemption application from Waymo and Aurora. TTD consists of 37 affiliated unions, including those representing transit and motorcoach workers who would be affected by the waiver Waymo and Aurora are requesting. We ask that FMCSA reject Waymo and Aurora’s exemption application for the reasons discussed below. Additionally, we endorse the comments filed by our affiliated unions, the Amalgamated Transportation Union (ATU) and the Transport Workers Union of America (TWU).

March 24, 2023   John Karl Alexy Associate Administrator for Railroad Safety Federal Railroad Administration 1200 New Jersey Avenue SE Washington, DC 20590 RE:     Petition for Extension of Waiver of Compliance, ARRC Docket No. FRA-2008-0161 Dear Mr. Alexy: On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the […]

March 20, 2023   Robin Hutcheson Administrator Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE Washington, DC 20590 RE:     Safe Integration of Automated Driving Systems (ADS)-Equipped Commercial Motor Vehicles (CMVs)             Docket No. FMCSA-2018-0037   Administrator Hutcheson, On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to […]