is the fast act still in effect

Section 71003 of the FAST Act allows an issuer to omit financial information that "relates to a historical period that the issuer reasonably believes will not be required to be includedat the time of the contemplated offering." above, section 5103(b) of the HMTA authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. The Secretary has delegated this authority under the HMTA to the PHMSA Administrator at 49 CFR 1.97(b). The collision resulted in the derailment of six locomotives and 17 cars. The Patriot Act: Mass Surveillance Before and After 9/11 And although PHMSA understands that one potential compliance tool (namely, the AskRail system) may not currently contain information on the origin and destination of hazardous material on a train, it expects that (based on the widespread use of sophisticated, real-time tracking of goods generally discussed at Section III.F. Legal challenges based on state or federal constitutional theories of separation of powers and equal protection also may be forthcoming. e.g., Provision of train consist information. A substantial wage increase will affect all restaurants in California, not just Fast Food restaurants, as all businesses will likely be pushed to raise wages, salaries, and benefits to be competitive with the market. In the early morning hours of July 10, 2005, two Canadian National Railway Company (CN) trains transporting mixed freight including hazardous material collided head-on in Anding, MS. The signatories must be employed by a Fast Food restaurant, as defined in the bill, in California at the time of signing. [19] As a backstop for that performance-based approach, PHMSA has within paragraph (b) included a straightforward, one-size-fits-all minimum 10-mile default radius that it believes strikes an appropriate balance between each of the safety benefits anticipated from a conservative advance notification requirement for the variety of hazardous materials moved across the nation's railroads,[34] The changes to the rail transportation requirements in the HMR as part of this proposed action have national scope, and also are limited to establishing baseline requirements for the compilation, updating, and electronic exchange of hazardous materials information between railroads and first responders, emergency response officials and law enforcement personnel; PHMSA, therefore, does not expect this action to significantly or uniquely affect tribal communities, nor impose substantial compliance costs on Native American tribal governments or mandate tribal action. To the extent possible, PHMSA will consider late-filed comments as a final rule is developed. 16. The FAST Act defines these restaurants as part of a chain that provides its food and beverages in the following manner:(1) in disposable containers; (2) for immediate consumption either on or off the premises; (3) with limited or no table service; and (4) to customers who order or select items and pay before eating. Pursuant to the Trade Agreements Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. However, PHMSA solicits comment on whether permitting such substitution in a final rule in this proceeding would have both meaningful safety and compliance cost advantages compared to hard copy versions. Additionally, 174.26(b) requires that the train crew must have a hard copy of a document showing the information required by part 172 ( Designates a National Strategy for Freight. Nearly three years ago, the Fixing Americas Surface Transportation Act (FAST Act) amended the GLBA to provide for such an exception. The National Technology Transfer and Advancement Act (NTTAA) of 1995 (15 U.S.C. See our summary of the changes to FTA's Grant Programs. This new grant program could help to expedite research and deployment of VMT fees or other user-based mechanisms, seen by some as more viable than the gas tax in the long term. PHMSA must receive comments regarding information collection burdens prior to the close of the comment period identified in the that agencies use to create their documents. E. How will requiring electronic train consist information affect rail transportation safety? There would be no additional requirements for railroads to generate, maintain, and provide in electronic form, information regarding hazardous material to first responders, emergency response officials, and law enforcement personnel or to forward this information to emergency response personnel in accident or incident situations. 114-94) into lawthe first federal law in over a decade to provide long-term funding certainty for surface transportation infrastructure planning and investment. 1503 & 1507. The risk to labor is job loss, either because of increased consumer prices reducing demand or job loss due to increased costs. https://www.regulations.gov, The following table summarizes the quantified annual costs and qualified benefits of the major provisions of this rulemaking. L. 104134, section 31001; Pub. Each railroad must implement security and confidentiality protections in generating, updating, providing, and forwarding train consist information in electronic form pursuant to this section to ensure they provide access only to authorized persons. Text of H.R. 22 (114th): FAST Act (Passed Congress version Planning for 2022: Year-End Deadlines and Considerations for Employee With the enactment of the FAST Act, states and local governments are now moving forward with critical transportation projects with the confidence that they will have a federal partner over the long term. As the Act is drafted, the Council could propose a significant wage increase in 2023, given that wage increases are thereafter capped at 3.5% per annum commencing in 2024. Section 7302(a)(4) directs the Secretary to prohibit any Class I railroad, employee, or agent from withholding, or causing to be withheld, that information from authorized entities. in advance of their arrival to an accident or incident. Transportation Initiates Shutdown Procedures At midnight on September 30, 2021, the law authorizing federal surface transportation programs, the Fixing America's Surface Transportation Act (FAST Act; P.L. The passing of the Act will have a significant and long-term impact on the California restaurant industry, and likely restaurants and other industries in and outside of California. PHMSA also proposes a conforming revision to 180.503 to delete a definition of train consist that is not used in that part. [13] As discussed in Sections III.E.F. The changes made by the FAST Act, together with other recent developments, will help shape the IPO landscape in the coming year and beyond. California is one of the most expensive and complex states in which to operate a restaurant, and the passing of the Act may cause operators and brands to rethink business in California, including, specifically, new ways to manage labor. In a 5-4 ruling in 2013, the supreme court weakened the Voting Rights Act, clearing the way for state legislatures to pass voter suppression laws. Dirk Der Kinderen, 2023668553, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 205900001. et seq.) Sales Tax Cut, Ban on Gender Affirming Care for Minors, Take Effect in South Dakota on Saturday. The law mandates extensive new workplace health and safety protections in response to the COVID-19 pandemic. Lastly, PHMSA has also included proposed language at paragraph (d)that in the event that railroads employ technology ( As discussed above, much of the train consist information that PHMSA contemplates would be generated, maintained, and provided in electronic form is largely already maintained by the railroads pursuant to existing HMR requirements in printed, hard copy form; and PHMSA's proposed requirement that such information be readily accessible in advance of an accident or incident, and forwarded to state-authorized local first responders electronically promptly following an accident or certain incidents, is similar to existing HMR requirements to make certain information available to emergency response personnel and train crews. Federal Additionally, PHMSA estimates railroads will need to make an initial investment in building a system for electronic sharing of train consist information. L. No. The basis for exempting grocery establishments and bakeries in the recent amendments to the Act is unstated. In 2016, the Hazardous Materials Issues Working Group (hereafter referred to as Working Group) met several times to discuss updates to the HMR's rail transportation safety requirements. (2020). Journal of Urban Economics, 120, railroads, and not just those that were the subject of the FAST Act mandate. 5103 gives the Secretary general authority to issue regulations for the safe transportation of hazardous material in commerce. . [32] in the cloud) compilation and maintenance of an electronic copy of train consist information that is synced in real-time with the hard (printed) copy of that information maintained by train crews per 174.26 promotes the accuracy of both electronic and hard (printed) copy versions of that information, each of which can be checked against the other. the official SGML-based PDF version on govinfo.gov, those relying on it for The FAST Act removes a restriction on the Water Infrastructure Finance and Innovation (WIFIA) program (a TIFIA-like program for water projects enacted last year) that prevented local governments from using both WIFIA financing and tax-exempt debt in a single project. The Aug. 25 Senate amendments also removed this prohibition. 64 FR 43255 (Aug. 10, 1999). ET The Affordable Care Act (ACA) colloquially called Obamacareis still in effect, but an upcoming Supreme Court decision could take it down.. The importance of timely, accurate train consist information is also underscored by the recent Norfolk Southern train derailment in East Palestine, OH. 38. Although the Working Group discussed a variety of potential approaches to address this concernincluding supplementation by train crew voice reports and a standardized requirement for placement of installed, trackside AEI readers within three miles of each train yard ( $10 million (in 2005 dollars) of property damage and environmental clean-up costs. Yet the FAST Act cut TIFIA from an authorized level of $1 billion in FY 2015 to $275 million in 2016 and 2017, $285 million in 2018, and $300 million in 2019 and 2020. But electronic train consist information is not itself a cure-all; gapped or intermittent internet or phone connectivity in rural, small-town, and tribal areas can limit each of (1) the ability of AEIs to capture material changes in the train consist information, (2) the ability of train crews to report changes in the same by voice, or (3) access to electronic train consist information by emergency response personnel. A Proposed Rule by the Pipeline and Hazardous Materials Safety Administration on 06/27/2023, This document has a comment period that ends in 58 days. Executive Order 12866 (Regulatory Planning and Review),[40] e.g., Railroads must also ensure that, in updating that electronic train consist information, they also update hard (printed) copy versions of the same information provided to train crews such that both hard (printed) copy and electronic versions of that information are consistent, accurate, and available when needed most. See FTA Program Fact Sheets under the Fast Act. For the same reasons described in the above discussion of the proposed 174.26, PHMSA proposes that this new provision's requirements would apply to PHMSA has developed a more detailed economic analysis in the PRIA, a copy of which has been placed in the docket. PHMSA has considered the effects of the NPRM and has preliminarily determined that its proposed regulatory amendments would not materially affect the cybersecurity risk profile for rail transportation of hazardous materials. The law creates an Advanced Transportation and Congestion Management Technologies Deployment Program to provide grants for testing and deployment of new technologies. Journal of Urban Economics, 120, FAST Act | FTA - Federal Transit Administration Indeed, PHMSA submits that the fact that commercial entities can implement cost-effective, real-time status tracking procedures and equipment for non-hazardous goods, suggests that reasonably prudent railroad operators would be incented to employ similar equipment and procedures when transporting materials known to be hazardous to public safety and the environment.[18]. A. ), no person is required to respond to an information collection unless it has been approved by the Office of Management and Budget (OMB) and displays a valid OMB control number. Please see Section III. all Opponents have 90 days from the date of the bill's enactment to collect the requisite number of signatures, based on voter turnout in previous elections, to qualify a measure for the ballot. PHMSA understands emergency response personnel may include any personnel from any of Federal ( Making it illegal to pay less than a given amount does not make a workers productivity worth that amountand, if it is not, that worker is unlikely to be employed.. Similar to the proposed action to all railroads, this approach also builds on the HMR provisions for hazardous material information sharing, just to a narrower extent, applicable to only Class I railroads. . An example taken from a 2007 NTSB investigation report[11] DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Provides New Grants and Pilot Programs. [25] The FAST Act authorizes $305 billion over fiscal years 2016 through 2020 for highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and statistics programs. including for six Class I railroads: DOTSP 20954 (issued to BNSF Railway Company); DOTSP 21046 (issued to CSX Transportation and recently expired); DOTSPs 21053 and 21323 (issued to Canadian National Railway Company); DOTSP 21059 (issued to Union Pacific Railroad Company); and DOTSP 21110 (issued to Norfolk Southern Railroad). 77 FR 26413 (May 4, 2012). As discussed at length in the PRIAposted in the rulemaking docketthe proposed action will not, if adopted as proposed, have a significant economic impact on a substantial number of small entities. (last accessed May 3, 2023). publication in the future. You may submit comments by any of the following methods: Further, PHMSA envisions that railroad would be able to communicate with the local police and fire department(s) servicing its limited route to make arrangements for communication of the train consist information for the rail car using instant messaging, email, or even fax notification before movement of a train carrying hazardous material as well as following either an accident involving that train, or incident involving release (or suspected release) of hazardous material from that train. IAFC Comments at 6. railroads immediately provide real-time train consist information to emergency responders following an accident or incident involving rail transportation of hazardous material. The Act applies to a business that has a single location in California so long as it has 100 or more locations nationally. It is estimated that a railroad employee making $51.73 per hour will perform this function resulting in an increased salary cost of $297,813 (6,098 burden hours $51.35 per hour). Symbols refer to GT's office structure, which is detailed on the Disclosures page. Retention and notification requirements. 5. Prospective teachers in Md. appreciate Educator Shortage Act - WTOP This approach is consistent with the current, broad scope of 174.26, and as explained in Section II.C. Executive Order 12866 and DOT Order 2100.6A require that PHMSA submit significant regulatory actions to the Office of Management and Budget (OMB) for review. In 180.503, remove the definition Train consist. 17. e.g., Additionally, the Working Group discussed the prevalence of installed, trackside AEI readers and whether those AEI readers can provide accurate, real-time updates to train consist information. Is the Fast Act still in effect? - Rattleinnaustin.com IV. all What's Covered? In addition, PHMSA and FRA worked with stakeholders through several RSAC Hazardous Material Issues Working Group meetings. 8. requires Federal agencies to consider the environmental impacts of their actions in the decision-making process. was still in full effect. Railroads must also ensure that train consist information is generated and updated in electronic form, maintained offsite of the train itself, and immediately accessible by the railroad's designated emergency response point of The cornerstone of the Act is the creation of a Fast Food Council whose purpose is to evaluate the adequacy of current laws and protections for Fast Food Restaurant employees and establish minimum wages, working hours, and other health and safety conditions The Council is structured to consist of up to 10 members representing one representative from the Department of Industrial Relations; two representatives of Fast Food restaurant franchisors; two representatives of Fast Food restaurant franchisees; two representatives of Fast Food restaurant employees; two representatives of advocates for Fast Food restaurant employees; and one representative from the Governors Office of Business and Economic Development. Biden Pulls the Plug on CARES Act - Update for January 31, 2023 wreckage. Section i.e., Based on estimates, for Class II and III railroads, the per railroad undiscounted average annual cost of the proposed rule is $5,473 (2021$). Not sure if you've heard, but there's a presidential . With respect to the proposed new term train consist information the proposed required information largely consists of the information that railroads are already obliged by the HMR to provide in hard (printed) copy to their train crews and to make available to emergency response personnel in connection with hazardous materials that are subject to shipping paper requirements. In accordance with 5 U.S.C. What is PHMSA's authority for this proposed action? The End of Affirmative Action - The New York Times all This platformwhich is available for use in both desktop and mobile device applicationsprovides authorized emergency response personnel with accurate, continuous access in electronic format to most of the train consist information contemplated by PHMSA's proposed revisions, including the following: the proper shipping name and United Nations ID number of the hazardous material; packing group and placarding requirements and links to pertinent Emergency Response Guidebook (ERG) and safety data sheets; quantity and location of the material on the train; car type, DOT specification, and location within the consist ( Also included is a new pilot program that would allow up to five states to use their own laws and regulations for environmental review rather than those under the National Environmental Policy Act, which is designed to help projects avoid duplicative requirements in the permitting process. The proposal responds to a safety recommendation of the National Transportation Safety Board and statutory mandates in The Fixing America's Surface Transportation Act, as amended, and complements existing regulatory requirements pertaining to the generation, maintenance, and provision of similar information in hard copy form, as well as other hazard communication requirements. 6. e.g., This GT Alert discusses the contents and potential impact of the Act post-amendment. L. 11474 section 701 (28 U.S.C. This proposed rule addresses covered subject items (3) and (4) above and is expected to preempt state, local, and Indian tribe requirements not meeting the substantively the same standard. This concern was acknowledged by Congress in its FAST Act Conference Report. 19, 2017). The CN official obtained accurate train consist information on the northbound train via cell phone from the CN dispatcher and provided it to emergency responders, but cell phone service was disrupted before any information about the southbound train could be obtained. PHMSA's proposed action applies to PHMSA invites comment, for potential inclusion within a final rule in this proceeding, on the appropriateness of modification (by way of limitations or exceptions) of the scope of application of its proposed 174.28 requirements. The proposed rule will not result in any adverse environmental or health impact on minority populations and low-income populations. Opponents have 90 days from the date of the bills enactment to collect the requisite number of signatures, based on voter turnout in previous elections, to qualify a measure for the ballot. 44. The HMR's emergency response information standards at part 172, subpart G also contain requirements that (1) pursuant to 172.600(c), railroads and other carriers make that hard copy information immediately available for use at all times hazardous material is presentby, for example, making it immediately available to a representative of a Federal, state, or local government agency responding to an incident involving a hazardous material or conducting an investigation that involves a hazardous material; and (2) pursuant to 172.602(c)(1), railroads must maintain hard copy emergency response information that is immediately accessible to train crews in the event of an accident or incident involving hazardous materials.
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