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OpenMarket: Rail and Mass Transit

  • 2016 Regulatory Schedule for the U.S. Department of Transportation

    January 7, 2016 10:56 AM

    Last year, the Federal Aviation Administration’s two drone rulemakings got a lot of attention: their strange attempt to implement Congress’s airspace integration mandate and their unlawful drone registration mandate. CEI submitted comments in both (see here and here).

    With 2016 being the final year of Obama’s presidency, we can expect a flurry of rulemaking activity—some good, but mostly bad. Below are expected 2016 U.S. Department of Transportation rulemaking events we’ll be closely following, broken down by agency, from the Fall 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions:

    Federal Aviation Administration

    • Updates to Rulemaking and Waiver Procedures and Expansion of the Equivalent Level of Safety Option, NPRM expected January 2016RIN: 2120-AK76 (CEI expressed strong interest in ELOS expansion in its April 2015 sUAS operation and certification comments linked below)
    • Operation and Certification of Small Unmanned Aircraft Systems, final rule expected April 2016RIN: 2120-AJ60 (CEI filed comments in response to the NPRM on April 24, 2015)
  • FAST Act Debrief: A Few Policy Notes on the Latest Highway Bill

    December 10, 2015 3:18 PM

    Last Friday, December 4, President Obama signed into law the FAST Act, which reauthorizes federal surface transportation programs through Fiscal Year 2020 to the tune of $305 billion (about $61 billion annually). AASHTO has a detailed funding table here. You can see how much your state will receive for its highways here.

    On funding, CEI has long urged Congress to adhere to the users-pay/users-benefit principle and to reject general fund bailouts of the Highway Trust Fund. The Highway Trust Fund traditionally funds the lion’s share of surface transportation. Under the FAST Act, the Highway Trust Fund’s share of total federal surface transportation spending is more than 92 percent. Unfortunately, the FAST Act’s bailout of the Highway Trust Fund totals around $70 billion, or about 25 percent of total Highway Trust Fund spending through FY 2020.

    Congress could have reduced outlays to match projected receipts, ended the status quo of mass transit receiving nearly 20 percent of federal funding while accounting for just 2 percent of trips (see here for my summary of the problem), reformed spending programs, and empowered states to raise more of their own revenue by, for instance, ending the federal prohibition on states tolling their own Interstate segments.

    Unfortunately, they chose not to do so and failed to fix the underlying problems driving the Highway Trust Fund to insolvency. In five years, finding the budget offsets necessary to support these reckless spending levels will be even more difficult. And we will experience yet another Washington-manufactured “crisis” in transportation funding.

  • Barbara Boxer: Confirm PR Flak for Key Safety Role or the Transportation System Gets It

    October 29, 2015 1:45 PM

    Yesterday, the Senate confirmed Sarah Feinberg to head the Federal Railroad Administration. Feinberg has been acting administrator since January. She replaced Joseph Szabo, who had spent decades in the railroad industry and was active in the United Transportation Union. Under George W. Bush, FRA was headed by engineer Allan Rutter, now a research scientist at the Texas A&M Transportation Institute, and Joe Boardman, the current CEO of Amtrak who has spent more the 40 years in the transportation and railroad industries.

    Feinberg is a career Democratic Party public relations flak and has held a number of political appointments on the Obama administration’s spin team. Feinberg graduated from Washington and Lee University in 1999 with a degree in politics. Beyond her political career, she had briefly worked in the communications shops of Facebook and Bloomberg between gigs in the Obama White House. But her relevant experience in being the nation’s top railroad safety regulator? USDOT has unfortunately long been a dumping ground of political patronage, but has gotten even more ridiculous under the Obama administration. Unless FRA’s safety strategy is solely focused on deflecting blame following the next Amtrak derailment, it seems odd to fill such an important position with someone wholly unqualified.

    But it gets worse. Congress in recent weeks has been fighting over a needed positive train control (PTC) mandate deadline extension. PTC, the incredibly expensive and low-value safety technology Congress ordered passenger and large freight railroads to install in 2008, has been championed by Sen. Barbara Boxer (D-Calif.), the ranking member of the Senate Environment and Public Works Committee. If the PTC implementation date wasn’t extended beyond the current December 31 deadline, the railroads (including most commuter railroads) were to begin shutting down many of their operations in December, which would have ruined many Christmases.

  • Initial Thoughts on the Surface Transportation Reauthorization and Reform Act

    October 16, 2015 1:53 PM

    This morning, the House Transportation and Infrastructure Committee released its Surface Transportation Reauthorization and Reform Act. Unlike the Senate bill, which relies on imaginary pay-fors to support obscene spending increases, the House bill maintains less irresponsible baseline funding adjusted year-to-year for inflation. Eno has a useful table here.

    We’re still reviewing the bill, but a few things immediately jumped out at me.

    There is no movement on lifting the federal prohibition on states tolling their own Interstate segments (Section 1401). Further, the existing Interstate System Reconstruction and Rehabilitation Pilot Program (ISRRPP), which allows states implement tolling on Interstate reconstruction projects, remains open to just three projects. Tolling supporters have called for the slots to be increased to 10 or even uncapped. While the bill includes a new use-it-or-lose-it provision with respect to the ISRRPP slots, the lack of progress is unfortunate, as states are becoming increasingly desperate to raise their own funds for needed projects, and will likely turn to more regressive non-user revenue-raisers such as sales taxes. See Reason Foundation’s Bob Poole on the advantages of Interstate tolling here and here.

    In addition, TIFIA is watered down further, with small local infrastructure projects (as little as $10 million) now becoming eligible (Section 2001). Given that TIFIA is supposed to provide credit assistance for projects of national and regional significance, it seems strange to amend it in order to boost small parochial projects. Is TIFIA now going to be used for bikeshare-style urbanist gimmicks?

  • Reimagining Surface Transportation Reauthorization: Pro-Market Recommendations for Policy Makers

    June 30, 2015 10:15 AM

    Today, CEI published my white paper, “Reimagining Surface Transportation Reauthorization: Pro-Market Recommendations for Policy Makers.” In it, I lay out the case for making some small but important changes to federal surface transportation policy.

    Traditionally, free market fiscal conservatives have advocated for devolving all federal highway and transit programs to the states. To be sure, we at CEI support this eventual goal. Unfortunately, it is wholly unrealistic at this time. But there are still things that can be done to move closer to this direction. We suggest a strategy of “de facto devolution,” which basically involves keeping federal spending steady while increasing the flexibility of states to fund and finance their own highways. To accomplish this, we recommend the following changes to federal highway policy:

    • Repeal the current federal prohibition on states tolling their own Interstate segments for reconstruction purposes, codified at 23 U.S.C. § 129.
    • Uncap or greatly increase the national cap on private activity bonds, currently set at $15 billion, codified at 26 U.S.C. § 142(m)(2)(A).
    • Provide technical and financial assistance to states looking to launch their own mileage-based user fee pilot programs.

    With respect to mass transit, most free market fiscal conservatives have long and correctly held that transit is an inherently local issue. As such, it has no business receiving federal funding, let alone the current 1/5 share of total federal surface transportation spending—especially given the fact that mass transit accounts for less than 2 percent of person trips nationwide. You read that correctly: the federal government currently spends 1/5 of its surface transportation dollars on a mode that accounts for 1/50 of person trips.

     The federal politics of mass transit could be described as an unfortunate mix of parochial and ideological interests battling over non-federal issues. Given that serious federal mass transit spending cuts are at the moment politically difficult, fiscal conservatives and proponents of sound national transportation policy should embrace some more modest goals to rationalize federal mass transit policy. We recommend the following changes to federal mass transit policy:

    • Work to end Highway Trust Fund bailouts and raise public awareness of the huge discrepancy between transit funding and transit use—that 19 percent of federal surface transportation funding is currently directed to a mode that accounts for less than 2 percent of trips nationwide.
    • Roll existing discretionary transit grants programs such as New Starts into the Urbanized Area Formula Program.
    • Realign spending priorities to a fix-it-first-strategy by allowing federal transit funds to be used for maintenance projects.

    Read the whole white paper here.

  • Long Mass Transit Commutes Are Horrible for Your Health

    May 20, 2015 5:12 PM

    Joseph Stromberg at has an article up arguing that “commuting alone by car” is “associated with obesity, high blood pressure, sleeplessness, and general unhappiness” relative to other transportation modes. His solution to unhealthy lengthy commutes is to increase carpooling.

    Back in 2012, I argued against another now-Voxxer, Matthew Yglesias, on the supposed health harms of auto commuting. The problem, as Census data make clear, is that other than those who walk to work, people commuting by driving alone generally have the shortest commutes. Those using public transit take on average twice as long to make their commuting journeys as those who drive by themselves.

  • Yes, It Is Stupid to Blame Lack of Subsidies for Amtrak's Derailment

    May 18, 2015 2:32 PM

    This morning, Amtrak Northeast Regional service was finally reopened following last week’s tragic derailment in Philadelphia that has killed at least eight and injured approximately 200. The tragedy was predictably exploited by cynical politicians, activists, and journalists, who seem to falsely believe that flushing more subsidies down the Amtrak drain would have somehow prevented the accident. It is true the technology at issue would possibly or even likely prevented this specific crash, speeding the deployment of it would dramatically increase costs and very likely reduce overall rail safety.

    The National Transportation Safety Board (NTSB) continues to investigate and a final report will likely take a year or more to complete, but we know that the train was reportedly traveling at 106 mph right before it went into the 50-mph curve. By the time the engineer pulled the emergency brake, it was too late and the train entered the curve at 102 mph. The engineer is claiming he doesn’t remember right before the derailment and may have been struck by a foreign object. Yet, the NTSB has reviewed the dispatch tapes and found that the engineer did not report being struck by an object—although the NTSB and FBI are currently investigating a mark on the windshield.

    It is likely the Philadelphia derailment is largely due to human error. In a similar 2013 crash in Spain, the operator was found to have recklessly ignored speed warnings before entering a 50-mph curve at 121 mph, killing 79 and injuring 140 when the train derailed and crashed into a concrete wall. In 2005, a Japanese commuter train derailed after it entered a 43-mph curve at 72 mph, killing 106 and injuring 562. The operator was killed, but he had likely intentionally increased the speed to unsafe levels.

    Washington being what it is, partisans almost immediately began exploiting this tragedy for political gain, blaming Amtrak opponents for supposedly starving Amtrak of operating subsidies. Carl Cannon highlights some of the more shameless examples from Democratic groups and politicians, such as the Agenda Project Action Fund’s claim that “Republican Cuts Kill… Again.” They argue that Amtrak’s alleged lack of sufficient operating subsidies has delayed the rollout of a set of rail safety technologies called positive train control (PTC). House Speaker John Boehner has righty called linking Amtrak funding to the derailment “stupid.”

    But rather than learn from Speaker Boehner’s accurate rebuke, New York Sen. Charles Schumer doubled down, saying, “Speaker Boehner’s comments are patently false. Experts have made clear that Positive Train Control could have prevented the tragedy in Philadelphia. It is simply a fact that insufficient funding for Amtrak has delayed the installation of PTC, and to deny a connection between the accident and underfunding Amtrak is to deny reality.”

    Yes, Sen. Schumer, it is stupid to make this absurd suggestion. To understand why it is baseless, you need understand a little bit about the history of PTC and Amtrak.

    Amtrak was created in 1970 to provide emergency passenger rail service throughout much of the United States. The private railroads were dying under a stultifying regulatory regime, leading to many bankruptcies, with members of Congress fearing the U.S. would lose passenger and freight rail service. The railroads had been cross-subsidizing passenger rail for decades, but while they were circling the drain in the 1970s, the passenger service mandates became too much to bear. It was widely believed that Amtrak would be temporary, and that deregulated railroads would either retake control of the passenger routes or intercity passenger rail would simply end up in the dustbin of history.

    Unfortunately, Amtrak has a small but powerful constituency and taxpayers have now doled out more than $45 billion in subsidies to keep Amtrak afloat. Amtrak accounts for just 0.15 percent of passenger-miles and 0.8 percent of trips more than 50 miles in the U.S.

  • Let Amtrak Pay Its Own Way

    April 24, 2015 10:10 AM

    Randal O’Toole of the Cato Institute has a great blog post outlining the various ills besetting America’s government-subsidized passenger rail carrier Amtrak. The gist of O’Toole’s argument is that although both federal and state governments contribute large sums of money to keep Amtrak afloat, potential riders have not been nearly as enthusiastic. A recent National Journal article does cite Amtrak’s ridership as increasing 50 percent in the last fifteen years, but O’Toole points out that the increase was largely driven by a simultaneous increase in gas prices. Amtrak’s new riders aren’t somehow more attuned to taking passenger trains than they were before, they’re simply responding to market pricing and the laws of supply and demand.

    If the federal government revoked its latest $1.4 billion annual subsidy, Amtrak probably would not have even seen that 50 percent increase. O’Toole reports that in 2012, Amtrak fares averaged about 33.9 cents per mile, while travel by air and automobile averaged 13.8 and 25 cents, respectively. Taking into account these factors, as well as user costs and subsidies, O’Toole estimates that Amtrak costs about four times as much as flying and nearly twice as much as taking a car. These figures, along with the fact that Amtrak’s share of total passenger travel in 2012 was around 0.14 percent, demonstrate that demand for passenger rail in America can hardly be called robust.

    Even if greater demand for passenger rail did exist, the federal government would face the odd paradox of running a profitable industry that could probably be better handled by competition among private firms. Passenger trains already have at their disposal all the revenue they should ever need: fares and onboard sales. Why take money from hundreds of millions of people to finance the travel of only a few? Congress would do the nation a favor by phasing out funding for Amtrak, saving us all money in the process.

  • Administration's GROW AMERICA Act 2.0 Mixes Bad with Good

    March 30, 2015 12:11 PM

    Today, Secretary of Transportation Anthony Foxx unveiled the administration’s latest surface transportation reauthorization proposal. Like the previous White House bill, the latest iteration of the GROW AMERICA Act is unlikely to go anywhere on Capitol Hill. The president’s proposal to fund much of his increased infrastructure spending relies largely on a one-shot tax repatriation scheme, something that will do nothing to improve the long-run fiscal position of the Highway Trust Fund. In addition, the White House proposal would make the very wasteful TIGER discretionary grant program permanent. See this post for more on what good and bad surface transportation policy looks like.

    But the administration’s GROW AMERICA 2.0 proposal isn’t all bad. In fact, it contains two very smart elements that Congress should attach to their own reauthorization package.

    First, the administration proposal would repeal the current prohibition on states tolling their own Interstate segments, codified at 23 U.S.C. § 129, while also repealing the three-slot Interstate System Reconstruction and Rehabilitation Pilot Program, which was established by the Transportation Equity Act for the 21st Century of 1998 and has failed to promote Interstate reconstruction through tolling. Contrary to popular belief, the states, not the federal government, own and operate the Interstate Highway System. Currently, the only tolled segments of the Interstate system were grandfathered in by the Federal-Aid Highway Act of 1956. No federal-aid funds can be used to maintain these roads, which constitute a little over 6 percent of the Interstate Highway System. Tolling offers a number of advantages over fuel tax or non-user funding. Reason Foundation’s Bob Poole has developed a plan to reconstruct and modernize the Interstate Highway System through the use of all-electronic highway tolling, something policy makers should consider as an alternative to gas tax increases and Highway Trust Fund bailouts.

    Second, the current cap on tax-exempt private activity bonds, which bring financing parity to infrastructure development by allowing the private sector to take advantage of similar debt instruments as the public sector, would be raised from $15 billion to $19 billion (see 26 U.S.C. § 142(m)(2)(A)). Ideally, this cap would be repealed, but increasing it is at least a step in the right direction.

    To be sure, there is little in the latest GROW AMERICA Act for free marketeers to love. But Congress would be wise to take seriously the administration’s recommendations on Interstate tolling and private activity bonds.

    For more on federal surface transportation reauthorization, see CEI's agenda for Congress, Free to Prosper.

  • Benning Road: The Last Refuge of Streetcar Apologists

    March 19, 2015 1:02 PM

    Washington City Paper’s Housing Complex blogger Aaron Wiener has an unintentionally hilarious article on the slow-motion implosion of the D.C. Streetcar. But before I get to Wiener’s piece, let’s recap:

    To Wiener’s post, the streetcar boosters are now conceding what opponents (like your author) have been saying for years: H Street, N.E., does not need a streetcar. But they aren’t giving up yet; rather, it is Benning Road that needs the streetcar more than anything. Wiener closes with this: “But first, the streetcar has to start running. The ball’s in your court, Bowser and Dormsjo. And the future of Benning Road hangs in the balance.”

    Apparently, the D.C. neighborhoods of sleepy Kingman Park and former notorious drug-warzone Trinidad are in dire need of public subsidies to boost property values. I found this hilarious because when I was looking to buy a home a year ago, I looked in both neighborhoods and found myself priced out.


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