May 3, 2007
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The Honorable Daniel K. Inouye
Chairman
Senate Committee on Commerce, Science and Transportation
SD-508 Dirksen Senate Office Building
Washington, DC 20510-6125
Dear Chairman Inouye:
On behalf of the 1,500 member organizations of the American Public Transportation Association (APTA), and particularly APTA's commuter rail systems, I write to convey our views on provisions in H.R. 1401, the Rail and Public Transportation Security Act that relate to pre-emption in the case of federal rail safety law. It is our understanding that this bill is likely to serve as the House position on rail and transit security when the House and Senate work to develop a conference agreement on S. 4/H.R. 1, the measure that implements the 911 Commission recommendations.
We are concerned that provisions of H.R. 1401 that would change current law relating to pre-emption of state law by federal rail safety laws will undermine the consistency of rail safety regulations that apply to commuter railroads and potentially exacerbate liability costs for these public agencies. While we do not believe that current law or any potential legislative language relating to this issue needs to preclude action under state law seeking damages alleging that a party has violated federal regulations or orders, we want to express our support for language that preserves the consistency which federal pre-emption provides and avoids a situation where inconsistent rail safety standards at the state or local level produce in a regulatory patchwork that is unworkable for commuter rail operations.
Passengers took 435 million trips on commuter rail systems in 2006, a 3.2 percent increase over the previous year. Ridership on commuter rail systems has been steadily growing in recent years, and commuter rail riders are contributing to national goals to reduce fuel consumption and congestion, and the greenhouse gases that would be produced, if they commuted by automobile. We want to be sure that commuter rail service remains a viable choice for Americans and we believe that preserving federal pre-emption is important to the successful operation of that service.
We appreciate the opportunity to submit our views on this important issue and would be happy to respond to questions you may have. If you have questions, please contact Rob Healy of APTA's Government Affairs Department at (202) 496-4811 or email rhealy@apta.com. We look forward to working with you on issues that affect public transportation and commuter railroads in the future.
Sincerely,
William W. Millar
President
WWM/tjj
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