Released: February 26, 2009
NASSTRAC Files Comments On Rail Transportation Contracts
NASSTRAC filed comments with the Surface Transportation Board on Feb. 5, 2009, in the STB’s Rail Transportation Contracts proceeding. For rail shippers, determining whether shipments move under contracts or under tariffs can be extremely important because the STB lacks jurisdiction over contract disputes.
For captive shippers and for shippers who may experience unreasonable practices, losing recourse to regulatory relief may be important, but major railroads have argued that “informed consent,” or the knowing waiver of STB jurisdiction by shippers, is inconsistent with modern business practices. According to John Cutler, NASSTRAC’s legal counsel, NASSTRAC pointed out in its comments that contracts between motor carriers routinely include the explicit waiver required by 49 U.S.C. Section 11401(b).
NASSTRAC also expressed concern about a proposal by the STB to find that its jurisdiction is waived, even in “signatureless” contracts, where the railroad includes a statement to the effect that contract carriage is intended.
> View the filing in its entirety.
Uncertainty Hovers Around Obama’s Agenda on Transportation
There’s plenty of attention focused on the economic stimulus legislation—and there’s some optimism around the “shovel ready” focus around infrastructure investment, yet there is also plenty of uncertainty on the Obama administration’s transportation policy. The shipper community, along with carriers of all modes of transportation, are anxious to better understand “the path forward” and agendas on Capitol Hill.
NASSTRAC will be featuring two sessions at its upcoming annual conference specifically focused on legislative developments and advocacy initiatives. NASSTRAC Legal Counsel John Cutler will address the new landscape in Washington and legislative issues that impact shippers. In addition, government affairs and related carrier issues will be the topic of discussion during a government affairs panel that will feature Janet Kavinoky, Director of Transportation Infrastructure with the U.S. Chamber of Commerce, Randy Mullett, Vice President of Government Relations at Con-way, and Jim Burnley, former U.S. Deputy Secretary of Transportation.
What other perspective are out there? The industry has spent several years prepping for this year’s highway reauthorization and is ready for the challenges ahead, according to Bill Graves, President of American Trucking Associations and past presenter at NASSTRAC conferences. “There’s a tremendous uncertainty about the capabilities of this new administration and what to expect. No one is, at this point, able or willing to look much beyond the stimulus package.”
In Washington, the unrelenting parade of bad economic news has dampened the mood in the nation’s capital since Obama took office, he said: “There was certainly a great deal of optimism and energy, but that’s given way . . . to a realization, a recognition of the harsh reality of how challenging this economic situation is.”
100 Percent Scanning Unlikely by Deadline
U.S. Customs and Border Protection is not likely to meet a 2012 deadline for scanning all U.S.-bound containers, according to Homeland Security Secretary Janet Napolitano. "My initial view is that the 2012 deadline is not going to work. We're going to have to work on what we do beyond that. She said that doing 100 percent scanning requires agreements with many countries, covering many issues.
"My initial review is that 2012 is a deadline that may not be reached under the current state of the program," Napolitano said. Napolitano is the sole witness before the House panel to discuss the path forward for the U.S. Department of Homeland Security. In her initial remarks, she told the committee that among her priorities were improved immigration enforcement, better intelligence-sharing with state and local authorities, and better interaction between the Federal Emergency Management Service and state and local governments. Napolitano did not raise supply chain security issues during her testimony. During the question period, Rep. Loretta Sanchez, D-Calif., asked her about progress of implementing the Transportation Worker Identification Credential. |
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