Federal Comments

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding BNSF Railway’s recent petition for waiver of compliance regarding certain brake inspection requirements. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1] TTD endorses the comments of our affiliates, the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) and the Brotherhood of Railroad Carmen (BRC). Our positions are fully aligned with our affiliates’ comments in this docket.

In this docket, BNSF is requesting a waiver from requirements under 49 C.F.R. sections 232.205 (c) (ii) (B) and 232.207 (b) (1). The railroad is asserting that an incomplete FRA-sponsored study, conducted June 28, 2022, in Staples, Minn., is definitive proof that the established safety regulations should be waived. As SMART-TD states, “As FRA is fully aware, the test being referenced by BNSF is just one phase of a multi-year four-phase study. To this point, FRA is still receiving comments from the involved parties to consider in its analysis for this particular phase of the test’s results. Again, as FRA knows, the final phase of the test will not be completed until sometime late in the summer of 2023. Upon its completion, only then will an accurate and robust assessment be able to be made.”

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) proposed rule regarding Train Crew Size Safety Requirements. These requirements are necessary to ensure the safety and efficient operation of the U.S. freight and passenger railroad systems, the millions of Americans who rely on these systems every day, and the employees who work on these systems. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers, and specifically, the engineers and conductors that drive and operate freight and passenger trains who will be most impacted by this proposed rule.

In addition to our own comments, TTD endorses the comments and testimony filed by our affiliates: the International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division (SMART-TD), the Brotherhood of Locomotive Engineers and Trainmen (BLET), the American Train Dispatchers Association (ATDA), and the International Association of Fire Fighters (IAFF).

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the U.S. Department of Transportation’s (DOT) Request for Information regarding Buy America Requirements for Construction Materials, De Minimis Costs, Small Grants, and Minor Components. TTD consists of 37 affiliate unions representing workers in construction and manufacturing who are directly impacted by Buy America policies.[1] TTD endorses the comments submitted by our affiliate, the United Steelworkers (USW).

TTD credits the Biden administration for expanding and strengthening the reach and application of domestic content preferences, both in its support for the Build America, Buy America Act (BABA) in the Bipartisan Infrastructure Law (BIL) and in executive actions such as Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, among others. We are appreciative of the DOT’s continued work to implement the BIL and prioritize BABA.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on the Canadian National Railway’s (CN) petition for a waiver of compliance from the “hands-on” component of periodic refresher training required by 49 CFR 232.203(b)(8). By way of background, TTD consists of 37 affiliate unions, including the totality of rail labor[1]. We endorse the comments of our affiliates, the Transport Workers Union of America (TWU) and the Sheet Metal, Air, Rail and Transportation Workers (SMART), that are also posted in this docket.

As discussed below, TTD opposes CN’s resubmitted waiver request and urges the FRA to reject the request because it jeopardizes the safety of rail labor employees and the public.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) proposed rule regarding Risk Reduction Programs (RRP). TTD consists of 37 affiliate unions representing the totality of rail labor and its 105,000 workers across the country. Our affiliated unions represent workers who perform every task on trains and railroad tracks and at rail yards and shops. These workers are vital to keeping our railroad system successfully operating every day.[1]

The NPRM, issued in response to a petition filed by the Association of American Railroads (AAR), seeks views on whether to retain, remove or modify the application of 49 CFR 271. 3(c) in the development of risk reduction programs, to contractors and their employees who perform a significant portion of a railroad’s operations. Currently, pursuant to final FRA rules issued on February 18, 2020 (49 CFR 271) contractors and their employees, providing “ongoing services involving significant aspects of the railroads operations” (e.g. maintenance of locomotives and rail car, dispatching, switching, flagging etc.) are covered under the development and implementation of the mandated risk reduction plans. (see 49 CFR 271.221 and 3(c)). As justification, the AAR asserts that none of the seven Class 1 freight railroads utilize such contractors, and therefore requests that the existent requirements under 49 CFR 271 be removed, notwithstanding that even if true, such arrangements could arise in the future.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on the PHMSA’s request for information (RFI) regarding electronic hazard communication. By way of background, TTD consists of 37 affiliate unions, including freight rail workers, first responders, and dispatchers who interact with hazardous materials on a daily basis.

In the RFI, PHMSA seeks input regarding the potential use of electronic communication as an alternative to current, physical documentation requirements for hazard communication (e.g. shipping papers, train consists, dangerous goods manifests, notifications to the pilot in command, and emergency response information, as well as associated administrative documentation including DOT Special Permits, approvals, and registrations) concerning transportation of hazardous materials.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Aviation Administration’s (FAA) request for comment on the Installation and Operation of Flightdeck Installed Physical Secondary Barriers on Transport Category Airplanes in Part 121 Service. TTD consists of 37 unions in all modes of transportation, including those that represent flight, cabin crew, and ground personnel at airlines throughout the United States. TTD, along with its affiliate unions, has long fought for so-called secondary barriers or Installed Physical Secondary Barriers (IPSB) on transport category aircraft. While we are pleased the FAA finally has initiated a Notice of Proposed Rulemaking (NPRM), the FAA should take further actions related to the scope of the rulemaking, compliance timeline, and application to foreign air carriers, among other important steps.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on the Federal Transit Administration’s (FTA) proposed changes regarding National Transit Database (NTD) safety and security reporting. TTD consists of 37 affiliate unions and their workers, including transit operators, maintenance workers, and other operations personnel. TTD endorses the comments by our affiliates, the Amalgamated Transit Union (ATU) and the Transport Workers Union of America (TWU), which are also filed in this docket.[1] In particular, as stated by ATU, implementation of data collection must capture both physical and other forms of assault.

The proposed changes would incorporate the updated definition of “assault on a transit worker” for the purposes of NTD reporting. The Bipartisan Infrastructure Law amended 49 U.S.C. 5302(1) to define “assault on a transit worker” as a “circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.”

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 the National Ground Water Association’s (NGWA) petition for exemption from FMCSA’s Entry-Level Driver Training (ELDT) requirements. These requirements are necessary to obtain a Class B license to operate a groundwater well drilling rig. TTD consists of 37 affiliate unions representing millions of transportation workers, including commercial motor vehicle (CMV) operators, who are subject to the FMCSA’s Commercial Driver’s License (CDL) requirements.

In its application, NGWA requests exemption from all ELDT requirements for individuals operating “any vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile equipment propelled or drawn by mechanical power and used on highways to transport water well field operating equipment, including water well drilling and pump service rigs equipped to access groundwater.” The request would include exemptions from ELDT requirements including demonstrating proficiency in proper techniques for initiating vehicle movement, executing left and right turns, changing lanes, navigating curves at speed, and stopping the vehicle in a controlled manner.

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