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Planes, Trains, and Boats: Alternatives to Trucking in a Disaster

Planes, Trains, and Boats: Alternatives to Trucking in a Disaster. Terrence M. Sheehan, USDOT ESF-1 RETREP Regions 1&2 May 9, 2011 Mahwah, NJ. USDOT MODAL ADMINISTRATIONS. Federal Transit Administration, Federal Highway Administration, Federal Railroad Administration,

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Planes, Trains, and Boats: Alternatives to Trucking in a Disaster

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  1. Planes, Trains, and Boats: Alternatives to Trucking in a Disaster Terrence M. Sheehan, USDOT ESF-1 RETREP Regions 1&2 May 9, 2011 Mahwah, NJ

  2. USDOT MODAL ADMINISTRATIONS • Federal Transit Administration, • Federal Highway Administration, • Federal Railroad Administration, • Pipeline and Hazardous Materials Safety Administration, • National Highway and Traffic Safety Administration, • Federal Motor Carrier Safety Administration, • Federal Aviation Administration, • Maritime Administration, • Research, Innovation & Technology Administration, • Surface Transportation Board, • St. Lawrence Seaway Development Corp. • Office of Inspector General

  3. USDOT MODAL ADMINISTRATIONS • The USDOT DOES NOT OWN: • Mass Transit Systems • Interstate Highways, Bridges or Tunnels • Railroads and related infrastructure • Pipelines • Trucking Companies • Airports • Airlines of any size • Ports or Ships (except for the seven Maritime Administration, Ready Reserve fleet ships)

  4. USDOT MODAL ADMINISTRATIONS • The USDOT DOES HAVE • Maritime Administration 51 vessel Ready Reserve Fleet • Federal Highway Quick Relief and Emergency Relief funding • FAA has cache of Air Traffic Control equipment and AWACS planes • Federal Transit has ability to redirect buses and paratransit vehicles from other transit properties WHAT THE USDOT LACKS IN PHYSICAL RESOURCES IT MAKES UP FOR WITH PERSONNEL RESOURCES. THE USDOT HAS TECHNICAL SUPPORT CAPABILITIES RANGING FROM PLANNING TO ENGINEERING, PROCUREMENT TO FINANCE

  5. ESF-1 services (what the ESF-1 team does) • Monitor and report status of and damage to the transportation system and infrastructure as a result of the incident. • Identify temporary alternative transportation solutions that can be implemented by others when systems or infrastructure are damaged, unavailable, or overwhelmed. • Perform activities conducted under the direct authority of DOT elements as these relate to aviation, maritime, surface, railroad, and pipeline transportation. • Coordinate the restoration and recovery of the transportation systems and infrastructure. • Coordinate and support prevention, preparedness, response, recovery, and mitigation activities among transportation stakeholders within the authorities and resource limitations of ESF #1 agencies. • ESF #1 is not responsible for movement of goods, equipment, animals, or people.

  6. Surface Transportation Board - STB • The STB is an economic regulatory agency that Congress charged with the fundamental missions of resolving railroad rate and service disputes and reviewing proposed railroad mergers. • The STB is decisionally independent, although it is administratively affiliated with the U.S. Department of Transportation. It was created in the Interstate Commerce Commission Termination Act of 1995 and is the successor agency to the Interstate Commerce Commission. • The agency has jurisdiction over railroad rate and service issues and rail restructuring transactions (mergers, line sales, line construction, and line abandonments); certain trucking company, moving van, and non-contiguous ocean shipping company rate matters; certain intercity passenger bus company structure, financial, and operational matters; and rates and services of certain pipelines not regulated by the Federal Energy Regulatory Commission.

  7. Surface Transportation Board - STB • The Surface Transportation Board (STB) has broad authority to exempt persons, transactions, or services --- either individually or as a class --- from almost all parts of the statute that it administers, pursuant to 49 U.S.C. § 10502 (rail provisions), § 13541 (motor and water carrier provisions), and § 15302 (pipeline provisions). • Similarly, STB has broad inherent authority to waive its regulations, so long as the waiver is reasonable and explained. • For example, after Hurricane Katrina, STB authorized CSX railroad to use 355.1 miles of rail line of a subsidiary of Norfolk Southern railroad between Alabama and Louisiana. CSX needed this trackage because of the destruction or damage to CSX’s own track. In a decision granted less than 24 hours after receipt of the request, STB waived the usual delay in effective date and allowed the temporary route to be used immediately.

  8. Office of the Secretary of Transportation (OST) The OST may issue emergency exemptions: • On a temporary basis to permit foreign-flag airlines to carry passengers and freight in support of a designated relief effort, such as a hurricane - 49 U.S.C. § 40109(g). • To permit air carriers normally licensed only for private air transportation to offer their services to the public at large, including government and private relief organizations, to assist in relief efforts - 49 U.S.C. § 40109(c). Additionally, OST may amend grant awards to airports supported by the DOT’s Small Community Air Service Development Program under certain conditions. 49 U.S.C. § 41743. For example, OST may agree to waive local matching share requirements if specific disaster situations hamper the airport’s ability to obtain local funds.

  9. Defense Production Act THE USDOT AND THE DEFENSE PRODUCTION ACTNOTE:THE DEFENSE PRODUCTION ACT IS NOT A MAGIC BULLET THAT CAN BE USED WHEN CONVENIENTIT HAS TO BE A CATACLYSMIC EVENT SO VAST AND ALL ENCOMPASSING THAT CONTINUITY OF GOVERNMENT HAS BEEN COMPROMISED (I.e., Local government wiped out)

  10. Defense Production Act The Defense Production Act of 1950 (Defense Production Act) (50 U.S.C. App. § 2061 etseq.) was enacted during the Korean War to ensure the availability of resources to meet national security needs. The Defense Production Act provides a number of important authorities to expedite and expand the supply of critical resources from the U.S. industrial base to support the national defense. Executive Order 12919, National Defense Industrial Resources Preparedness (June 3, 1994), as amended, delegates the President’s authority under section 101 of the Defense Production Act to the heads of several departments and agencies. The President has delegated this authority to the Secretary of Transportation with respect to all forms of civil transportation.

  11. Defense Production Act The Defense Production Act Reauthorization of 2009 (P.L. 111-67, September 30, 2009) requires each Federal agency with delegated authority under section 101 of the Defense Production Act to issue final rules establishing standards and procedures by which the priorities and allocations authority is used to promote the national defense, under both emergency and non-emergency conditions. In order to meet this mandate, DOT has worked in conjunction with the Departments of Agriculture, Commerce, Defense, Energy, Health and Human Services, and Homeland Security to develop common provisions that can be used by each Department in its own regulation. The six regulations to be promulgated by each Department with delegated Defense Production Act title I authority is commonly referred to as the Federal Priorities and Allocations System (FPAS) of rules. DOT’s proposed regulation to form part of the FPAS would be known as the Transportation Priorities and Allocations System (TPAS). TPAS adopts the common standards established under the FPAS, it would also include requirements that are specific to civil transportation. Transportation services covered under TPAS would include the movement of persons and property by all modes of civil transportation in commerce and related public storage and warehousing, ports, services, equipment and facilities.

  12. Defense Production Act Generally speaking, the transportation sector is very robust and even in emergencies DOT expects that the normal interactions between civilian transportation providers and those using their services will be maintained or that it will be possible to address any disruptions that may occur without the need for DOT to employ its priorities and allocations authority. Although DOT is developing a system to be used in emergency and non-emergency situations, DOT anticipates that only an extreme crisis would trigger the need to use DOT’s authorities under this proposed rule. DOT has conducted response activities to multiple crises over the last decade and at no time during the most severe situation was DOT required to use its delegated Defense Production Act priority or allocation authority to marshal adequate transportation resources to complete its mission. Instead, there was sufficient transportation capacity available through normal interactions or alternative arrangements between transportation service providers and end users to meet the demand or the disruption was addressed through other means.

  13. Who to Call When in Doubt • Terrence M. (Terry) Sheehan, USDOT Region 1 & 2 Regional Emergency Transportation Representative and ESF-1 lead • C: 617-519-8637 • W: 617-494-3047 • USDOT Crisis Management Center (CMC), USDOT HQ • 202-366-1863

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