Legislative Blog
J.B. Williams, J.D.
Hazardous Materials, Rail, and Auto Safety
A Blog about Invest in America 2021
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Federal and more specifically Invest in America 2021 as it relates to that topic.
Brief Summary of Federal
This should be a fairly limited bills area for management the overall structures like highways, military, federal buildings, federal laws, and the like. However it has become the micro manager of all micro managers. They get involved in areas that no federal government should be involved in, and shift more power upward. This has led to each party trying to run over the other party in the eyes of the voters, all the while doing everything possible to maintain their power. They do this by holding onto all of the money, and claiming they know best how it should be spent. But they run debts so badly that no one should be looking to them as an example of anything other than the way to overspend and go further into debt.
Summary of Invest in America 2021
Expanding infrastructure and including the federal government in state decisions.
Blog Summary
More studies to again to determine things that have already been done. Often I see in the final study results that they are mostly quoted prior studies done in the US or even other countries.
Let's continue funding Amtrak because it's only not been profitable since it's inception. And let's continue to pretend it is not the federal government under a guise of being a private entity.
Let's see how many features we can force to be added to new cars to ensure they are less affordable for the average citizen. And let's even see about forcing some to be added to existing vehicles.
Hazardous Materials, Rail, and Auto Safety
Published: 2021-11-29
Currently lithium batteries being transported by air is controlled under the FAA Modernization Act of 2012. This will repeal that portion and require a study to be done regarding the safety of the transport. Odd since it was said the reason for limiting them was fire, but now they will allow their transport while they determine whether it is safe. Makes you wonder if the initial banning was necessary or not. Interesting dichotomy to transport the lithium batteries by air while determining if it is safe versus next not transporting liquid gas by rail until it is determined if it is safe.
While their is a claim that they are moving forward with use of liquified natural gas, they are revoking the ability to transport it via rail until a study is done to determine if it is safe to continue to do so. But, of course, they also don't want new pipelines. That should not be having any negative affects. I guess continuing to use older pipelines and transporting via truck are the options that are left. No reason to permit new safer pipelines that would move more material more safely and enable shutting down older pipelines. Not to mention that they already transport liquid hydrogen, nitrogen, and ethylene by rail. And there was already a review completed in 2021 called Preparing for LNG by Rail Tank Car: A Review of U.S. Dot Safety Research, Testing, and Analysis Initiative. While this study is ongoing, they do mention that Japan has been moving LNG by rail for 20 years without any incidents. By the way the Railroad Board was the entity requesting the ability to transport LNG, and for other similar materials there had been only 2 incidents in 9 years.
But I guess we should install more solar and wind farms, more batteries to store this because it is not readily available 24 hours a day and 365 days a year. I've always thought that nuclear was a good option. It creates significantly less waste and is much safer than it was in the past. Environmentally it is actually a great choice. It's limitation is that it cannot be powered up quickly and reduced down quickly. It must be supplemented with an energy source that can be powered up and down more quickly to fill higher demands when needed. Natural gas can easily fill that roll. Wind and solar are not on demand, and there still remains significant waste. Solar panels are currently 17-19% efficient. While wind power is at best 30% efficient. And neither one is available on demand. You loose some created power when you store it as well.
They are also requesting a study regarding pipelines. I'm certain there are pipelines now that are operating past their ideal lifespan, but that cannot be replaced. Perhaps protesting a new pipeline being installed while standing over at least 1/2 dozen other pipelines is not the best idea. Maybe installing a pipeline that can move more than an existing line and do so more safely. Then older pipelines could be shut down.
Rail - Division D
Let's start by understanding that Amtrak has relied upon federal subsidies in order to continue operating since it's inception. And that a bus is more energy efficient than Amtrak. But I guess Amtrak being les environmentally friendly is not something to focus on. They will focus on how the changing climate will affect Amtrack though. Though they do state they want it to be net zero carbon emissions by 2035, but no statement as to how this might be accomplished or a study to determine how to make it happen. Expanding highways to move more buses could be more energy efficient. Or perhaps doing light rails since they are lighter, costs less to run, require less maintenance and are less expensive to build (using less resources). Plus a high speed rail would move people more quickly than Amtrak, possibly increasing ridership. Instead we will continue to subsidize Amtrak. It is not even a fully private entity because the US President appoints their board. While they state that Amtrak is a private for profit entity, without federal subsidies it will operate in the red and end as a business nationwide. And they are establishing a trust fund specifically for Amtrak and rails because the Highway trust fund goes toward highways and airports more. Perhaps that is because those entities have higher usage demands than Amtrak.
Then there is the issue of insurance. Rail carriers are require to carry insurance, not sure they can self insure. But since Amtrak is not profitable they probably don't have the funds to self insure. Apparently insurance companies are not making a profit so they are pulling out of the industry. So Congress is looking to start providing the insurance. I'm sure it will be another area that is provided at a loss of tax payer dollars. But remember Amtrak is a private for profit industry, or so they keep saying. However naming something a private for profit entity does not make it one.
Then they get around to intercity passenger rail policy to create public private partnerships to create high speed rails. It sounds like another way of ensuring an Amtrak 2 that gets tax payer funding to start and will continue to require it as long as it exists. Not to mention Intercity is not federal. Again I think the federal government needs to stay out of state/county/city matters. They should not in anyway be involved in this. Federal tax dollars should pay for federal matters - things on federal property, the military, social security, medicare, etc. Any remaining funds should be returned to the states in proportion to which their citizens paid it. There should be no stipulations from the federal government on how it is spent. Obviously some states spend the money in ways that are different than that which it was federally earmarked, and they face no repercussions from doing so.
And not to miss out on an opportunity for another study, we need a study on the safety of long trains. They have 2 years and up to $2 million to spend on this. Thereafter there will be a train committee to report on accidents each year. They are also requiring assault prevention and suicide prevention measures. Apparently in 2017, 300 people intentionally walked onto tracks to commit suicide. And they are creating a university rail climate innovative institute to provide grants to anyone wanting to study rail systems or do research and development for making improvements. First, calling it a university will later make it appear that studies from it are not influences by government. Second, spending more taxpayer dollars to support the rail industry will make it entirely profitable. I mean look at Amtrak, oops they are not profitable and not truly private either.
Sport Fish Restoration, Recreational Boating Safety, and Wildlife Restoration - Division E
Another study to determine how non-motorized vessels are impacting motorized and non-motorized access to waterways. Wildlife Restoration is getting an increase in funding and Sport Fish Restoration and Boating Trust fund will have no funds beginning on 10/1/2023.
Auto Safety - Division F
A feature to detect unattended occupants is being reviewed. An unattended occupant could include a child, a pet, an adult not in the driver's seat. While I agree that any child's death caused due to be left in a vehicle is horrible, I do not believe introducing another electronic system in vehicles is the right method. Statistics showed 25 child deaths in 2020 due to being in a vehicle unattended. Some places state that number includes those in and around the vehicle though. 13 are unintentionally left, 7 are getting in without an adult being aware, 4 are intentionally left, and 1 was unknown. They are wanting an audible/visual warning system and the ability to make a 911 call. When looking for this kind of system, I discovered that a multitude of them already exist. Even NTHSA did a review in 2015 of the systems already available then. That parents can have them added when they purchase a vehicle, or add them at a later date. Some as simple as a device that is added to the restraint when installing a child safety seat. But by all means add this type of device to every vehicle so that everyone can pay for it even if it is not something they will need. For instance, I have no children so the only possible person left unattended in my vehicle would be my spouse. He is quite capably of ensuring his own safety.
They also want to have a way to add this fix to all existing vehicles. So I could be forced to add something to my vehicle. Since I own an older vehicle that does not have blue tooth or internet access, I am not sure how it would notify 911 without significant cost. They have suggested a device that would use your phone. Perhaps a great reason to not carry my phone in my vehicle. However NHTSA is concerned that a dead phone battery would make this inoperable. For that matter if you are not in the vehicle than neither is your phone. So perhaps they could just require all minors have phone with them at all times. Nope that won't work because the same people leaving the child in the car would be responsible for ensuring the phone was with the minor.
They are also looking at preventing idling in non-moving vehicles so as to prevent suicides. This would shut off a gas engine after a set period of time that it idles. Hmm, hope this is fairly long or else traffic will create alot of needs to restart the engine. (Restarting it will add wear and tear to the vehicle, and generally more pollution to the air.) And they want to add crash alert systems. It would be set to alert the Secretary of Transportation. I'm not sure why it is notifying them rather than contacting 911. Maybe they want another database that will provide them with tracking for anyone involved in an accident. Because it is always a good idea to provide the government with more information. It would never be used in a bad manner.
They are wanting more crash preventions measures. Not sure but it seems that the more of these we put in place the less people seem to be paying attention to their driving. It's like the expect the vehicle to do all the work for them. Items like forward collision prevention and automated braking, rear collision prevention and automated braking, rear cross traffic warning when backing up, lane departure warnings (already exist and are an issue in construction zones), and blind spot warnings. Intelligent speed assist to determine applicable speed and alert drivers to discourage speeding. Once they get everything in place they could have automated braking too. That way if you are actually attempting a maneuver to avoid something the vehicle could override you.
And a potentially passive system that detects alcohol impairment and prevents the vehicle from being driven. In 2019 there were 10,142 people killed in alcohol related incidents. This number has been decreasing since 2007. In fact, the 2019 data was a 5.3% decrease over the prior year data. If you take the United States population of 331,449,281 as of April 1, 2020, that is a .003% chance of death from an alcohol related incident. But they should make it sound scary and ensure you they are putting yet another device in vehicles to protect you from that .003% chance of death. Maybe it could be 92% effective at reducing your chance of death down from the .003%.
All of these additional devices will increase the cost of already overpriced vehicles. They will use more electronic chips, of which we currently have a substantial shortage. So I guess richer individuals will have newer cars with all of the added features but poorer people will be relegated to older vehicles. Perhaps it will become a thing that only the rich can ever buy a new vehicle. The cost is already so significant and adding more electronics will likely increase it further. Most of which are not needed for majority of individuals. And all it seems to be doing is providing less privacy to the vehicle owner and more sharing of information with the federal government. (Note: While there are some less expensive vehicles, they generally are the ones that do not include a multitude of electronic options that are installed as standard on other models. These options would be required to be installed on all new vehicles.
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