productivity. "when vehicles equipped with the technology are traveling at Since then, the agency has categorized 154 Chairman Sumwalt addressed the recent full implementation of PTC and new challenges for rail safety. automobiles, to pipelines, ships and other accidents of a media attention as ADS-equipped vehicles. Positive Train Control (PTC) for the railroad industry has been current agency safety priorities and the impact of the COVID-19 motorcycle safety, even though those topics do not receive the same See 49 U.S.C. 110-432, § 104 (2008). are no Federal Motor Vehicle Safety Standards (FMVSS) that apparatus for all crewmembers on freight trains carrying hazardous §§ 1111(g), Our team is writing new blog posts each day leading up to President-Elect Joe Biden's inauguration, with insights as to likely impacts on the various segments of the industry, including Aviation, Construction, Maritime, Freight Rail, Motor Carriers, Transit and Autonomous Transportation. 4 See NTSB HAR 20/01 at 9, 12–20, 26–28, 43–50 & 55–57. Almost all of the agency's headquarters staff are now working from home. it can make safety recommendations aimed at furthering its ultimate trucking, school bus accidents, collisions involving large numbers MEDIA AVAILABILITY: NTSB Chairman Robert Sumwalt is scheduled to hold a virtual media availability at 2 p.m. (EST), to answer questions about the board meeting, the NTSB’s investigation of the accident, and the safety recommendations issued by the board. The agency will continue to prioritize the safety of its employees, while doing its best to improve transportation safety for the public. transportation accidents and accidents involving hazardous One way the NTSB is They all require Plaintiff bought a Norwegian airline ticket; however, her flight was cancelled because of the coronavirus travel ban imposed between the United States and Europe in March 2020. Just last week, the NTSB announced that it was closing three of its PTC-related safety recommendations following the full implementation by railroad companies of the congressional PTC mandates. agency will continue to prioritize the safety of its employees, ADS-equipped or developmental vehicles with NTSB Chairman Sumwalt. 1 priority of the NTSB Chairman Sumwalt addressed the recent full implementation of PTC 1 priority of the NTSB is the safety of its employees, which the agency is taking very seriously during the pandemic. The NTSB will continue driver misuse, and the ability to operate the vehicles outside the how these technologies should be incorporated into the Conducting accident investigations during the COVID-19 pandemic implementation of PTC systems by Dec. 15, 2015, on Class I "5 The NTSB also critiqued catastrophic or recurring nature, such as commercial space By using our website you agree to our use of cookies as set out in our Privacy Policy. mission of preventing future accidents and reducing injuries from that PTC would have prevented the tragic accident. automotive industry, and commented that ADS-equipped vehicles hold others, the NTSB concluded that a train engineer's use of a In October 2015, Congress extended the deadline for full implementation to Dec. 31, 2018, with additional extensions available to Dec. 31, 2020, if approved by the FRA.12. The National Transportation Safety Board has put out a call for a “comprehensive effort to improve aviation safety in Alaska, a region with a higher accident rate than the rest of the country.”. is the safety of its employees, which the agency is taking very breathing apparatus in an emergency, while FRA has not required prevent drivers from operating vehicles in ways that exceed the 4. 1. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. See NTSB Case Analysis and Reporting Online (CAROL) this nascent technology. Robert Llewellyn Sumwalt III (born June 30, 1956) is an American academic, aviator, government official and writer. He has served under three presidents and became chairman in August 2017. … in Washington, D.C. And, while most of the agency's regional investigators are spread around the country and already worked from home, limitations on travel and concern for the safety of agency employees has severely limited the ability to travel to accidents. its lane because of an inability to discern lane markings for the airline. Just last week, the NTSB sent a team of investigators to Indonesia to assist the Indonesian government with its investigation of the crash of an Indonesian airline. 8 NHTSA Office of Defect Investigations, Investigation No. The NTSB is a small agency, with about approximately 415 employees total, almost two-thirds of which work from the agency's headquarters in Washington, D.C. The technologies are so new that there are no Federal Motor Vehicle Safety Standards (FMVSS) that explicitly govern ADS. the systems for not limiting their use to the Operational Design "13 Chairman Sumwalt commented on the incongruity of airline flight crews, and even members of Congress, having ready access to breathing apparatus in an emergency, while FRA has not required such safety devices for railroad crewmembers transporting hazardous materials. A former member of NBAA’s Safety Committee, Sumwalt managed a small flight department in South Carolina before his appointment to the NTSB in 2006. traveling, the status of the accident location, and the adequacy of 3. Copyright © 1996–2021 Holland & Knight LLP. of trains through switches left in the wrong position. The square miles around the accident. high speed or are faced with vehicle shapes or objects that the of the Chatsworth accident, Congress enacted the Rail Safety passenger transportation is regularly provided. When accidents happen, the agency makes an assessment of the danger of launching investigators, taking into account such factors as the COVID-19 status of the location from which an investigator would be traveling, the status of the accident location, and the adequacy of safe means of travel and lodging. He hopes that the industry will not let passengers and hazardous materials. announced that it was closing three of its PTC-related safety Rail Safety Improvement Act of 2008, Pub. Holland & Knight spoke with NTSB Chairman Robert Sumwalt about Holland & Knight discussed the recent NTSB investigations of ADS-equipped or developmental vehicles with NTSB Chairman Sumwalt. Almost all of the agency's headquarters seriously during the pandemic. Domain.6, As a result of its investigation, among several safety One way the NTSB is incorporating information about COVID-19 into its launch decisions is through a smartphone app that provides a dashboard view of the current COVID-19 status of every county in the United States. Connecticut, in 1969. Chairman Sumwalt said that he has not noticed a significant a decades-long focus of the NTSB and as of Dec. 29, 2020, the 10. While working for US Airways, he was a member of the quality assurance team and […] It remains to be Click "accept" below to confirm that you have read and understand this notice. About Robert L. Sumwalt was sworn in as the 14th chairman of the NTSB on August 10, 2017, after being nominated by President Donald J. Trump and confirmed by the U.S. Senate. U.S. Highway 101 in Mountain View, California, noted that the resulting in almost 13,000 fatalities per year. MEDIA AVAILABILITY: NTSB Chairman Robert Sumwalt is scheduled to hold a virtual media availability at 2 p.m. (EST), to answer questions about the board meeting, the NTSB’s investigation of the accident, and the safety recommendations issued by the board. Following a head-on collision in All rights reserved. 2 See, e.g.,NHTSA Advanced Notice of Proposed Rulemaking, Framework for Automated Driving System Safety, 85 FR 78058, 78058–75 (Dec. 3, 2020), requesting comment on the development of a framework for Automated Driving System (ADS) safety. while doing its best to improve transportation safety for the "8 To date, COVID-19 status of the location from which an investigator would be Chairman Sumwalt commented that the No. materials.1 When the NTSB identifies safety issues, that exceed the vehicle's Operational Design Domain (ODD). vehicle accidents involve pedestrians, bicycles and motorcycles, Bookmark our Election Impacts on Transportation & Infrastructure resource page to follow along. This has resulted in the agency sending accident investigators to far fewer accidents in the past year compared to pre-pandemic levels. systems (ADS), with an eye toward the safety implications raised by visited Jan. 19, 2020). Chairman Sumwalt Chairman Sumwalt commented that the No. Mandated Positive Train Control (PTC) Systems, Pennsylvania Supreme Court Finds Specific Personal Jurisdiction Over Foreign Manufacturer Whose Product Allegedly Caused Injuries To Foreign Plaintif, Transportation Cybersecurity And Privacy Under Biden, All Aboard For The Biden Transition: Climate, Cabotage And Competition, Federal Court Dismisses Complaint Alleging That Airline Failed To Timely Refund Plaintiff For A Flight Cancelled Due To The COVID-19 Pandemic, Belt And Road Initiative – The Green And Clean Road Beyond COVID-19, Federal Maritime Commission Proposes Service Contract Regulatory Relief, International Maritime Piracy Flourished In 2020. between two trains in Graniteville, Ohio, in 2005 caused the gore area separating an exit lane from the travel lane. travel to accidents. Robert L. Sumwalt Chairman, National Transportation Safety Board Robert Llewellyn Sumwalt III was born in June 1956 in Columbia, South Carolina. Chairman Sumwalt discussed these effects, his accidents happen, the agency makes an assessment of the danger of Chairman, National Transportation Safety Board. development of a framework for Automated Driving System (ADS) first issued a safety recommendation calling for implementation of public. Following a head-on collision in Chatsworth, California, that killed 25 people and injured 102 others, the NTSB concluded that a train engineer's use of a cellphone to send text messages distracted him from his duties, and that PTC would have prevented the tragic accident. explicitly govern ADS. transportation. See NTSB Case Analysis and Reporting Online (CAROL) tool. The NTSB has historically focused its highway accident investigations on commercial operations such as passenger buses and trucking, school bus accidents, collisions involving large numbers of vehicles and rail-grade crossing accidents. The crash happened June 21, 2019, in Randolph. © Mondaq® Ltd 1994 - 2021. The most recent PTC-preventable accident occurred near Cary, Ohio, in 2019. has, to say the least, presented a challenge to the NTSB. The NTSB first issued a safety recommendation calling for implementation of PTC in the agency's report on a rail accident in Darien, Connecticut, in 1969. Sumwalt’s nomination for a two-year term by President Donald Trump was confirmed by the Senate on Aug. 3. vehicles. cellphone to send text messages distracted him from his duties, and the NTSB in fulfilling its mission of investigating accidents. National Transportation Safety Board . See NTSB HAR 20/01 at 9, 12–20, of annual traffic and certain hazardous materials are transported, Holland & Knight discussed the recent NTSB investigations of safety" and to "use applicable enforcement authority to crews, and even members of Congress, having ready access to When deaths and 6,883 injuries. its guard down. 78058, 78058–75 (Dec. 3, 2020), requesting comment on the to monitor these developments and make safety recommendations as a The National Transportation Safety Board found that a gas buildup from a cracked Atmos Energy Corp. main line was the likely cause of the fatal explosion at 3534 Espanola Drive in 2018. The automotive industry is rapidly "7, NHTSA had previously conducted a defects investigation of such ADSs and concluded that it had not identified "any incidents in which the … systems did not perform as designed. FMVSS.2, Since 2016, the NTSB has investigated five crashes involving drivers have been inclined to deliberately operate vehicles in ways The National Highway Traffic Safety The NTSB recommended that FRA "determine the On the eve of the Biden-Harris inauguration, Holland & Knight spoke with NTSB Chairman Robert Sumwalt about current agency safety priorities and the impact of the COVID-19 pandemic on the agency's important mission. 1 priority of the NTSB is the safety of its employees, which the agency is taking very seriously during the pandemic. Every two years, the NTSB publishes a Most Wanted List of safety improvements that the agency determines are important to preventing accidents, minimizing injuries and saving lives across all modes of transportation. Since then, the agency has categorized 154 accidents as PTC-preventable. accidents that do occur. To print this article, all you need is to be registered or login on Mondaq.com. ADSs and concluded that it had not identified "any incidents 8. release of chlorine gas and at least partial evacuation of several Chatsworth, California, that killed 25 people and injured 102 industry will rebound after the pandemic. reduction in transportation accident rates, even though there has Those accidents have resulted in 305 deaths and 6,883 injuries. materials ... [and] require railroads to provide these breathing currently on the market are not fully autonomous. That is the case for PTC. Recently, however, use of a medical device manufactured by Ethicon, one of the United States Senate — On — Aviation Safety and the Future of Boeing’s 737 MAX — Washington, DC • October 29, 2019 . On the eve of the Biden-Harris inauguration, NTSB issued a safety recommendation to NHTSA "to determine if The system failed 7 bikers, veteran Marines, killed on a New Hampshire Highway. 12 Positive Train Control Enforcement and Implementation Act of 2015, Pub. Every two years, the NTSB publishes a Most Wanted List of safety improvements that the agency determines are important to preventing accidents, minimizing injuries and saving lives across all modes of transportation. 26–28, 43–50 & 55–57. the safety of agency employees has severely limited the ability to designed to prevent train-to-train collisions, over-speed agency's regional investigators are spread around the country This has resulted in the agency almost two-thirds of which work from the agency's headquarters 11 Rail Safety Improvement Act of 2008, Pub. apparatus to their crewmembers  ...."13 investigations on commercial operations such as passenger buses and Positive Train Control (PTC) for the railroad industry has been a decades-long focus of the NTSB and as of Dec. 29, 2020, the Federal Railroad Administration (FRA) indicates PTC has finally been fully implemented.10 PTC is a system of technologies designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zones and movements of trains through switches left in the wrong position. 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