The TRAIN Act, H.R. 2401, would require reductions in some of EPA's Clean Air regulations, and DERA is one of the few EPA programs that meet the offset criteria. EPA's Clean School Bus USA program rolled up under DERA two years ago. NSTA wrote members last week that the program is vulnerable to future cuts even if the Senate passes the TRAIN Act as is.

The House passed its version of the bill on Sept. 23. The cost of the TRAIN Act would require DERA be reduced by $4.5 million in fiscal year 2012 and by another $500,000 in fiscal year 2013, which could make it ever more difficult for school bus to compete against the commercial trucking industry.

NSTA pointed out, the new DERA authorization level would still be more than the $30 million appropriated in fiscal year 2012. But the final version of the TRAIN Act would likely change in order to pass the Senate, and President Obama has vowed to veto it if it reaches his desk. Still, NSTA said DERA will continue to be a target for offsets.

The association added that members of the DERA Coalition were reaching out to committee and House leadership to seek a change in the offset rule to make DERA less vulnerable in the future.

The most recent federal crackdowns on unsafe motorcoach operators came this week as the FMCSA ordered companies in Michigan and North Carolina to cease all operations after the feds uncovered egregious violations, such as forcing passengers to ride in the luggage compartment because there were no more open seats on board or allowing drivers to operate the coaches without CDLs.

The moves came after FMCSA shut down a motorcoach operator following the Memorial Day crash on I-95 in Virginia that killed four female passengers.

"We are shutting down unsafe carriers as quickly as our authority permits," FMCSA Administrator Anne Ferro testified on June 13 before the House Committee on Transportation Infrastructure.

Since January, FMCSA has declared 18 bus companies "unsatisfactory," or that they must stop operating, and proposed that rating for another 15.

"And if a carrier or its drivers and vehicles present a severe risk, we do not wait for the 45 day appeal period," she added. "We will declare it an 'Imminent Hazard' and shut it down immediately. This past week we used our Imminent Hazard authority to shut down 3 companies, including one in Michigan that put passengers in the cargo hold. This behavior by a few is outrageous and must be stopped."

Meanwhile, even as a bill has been reintroduced in the Senate, FMCSA and NHTSA are developing motorcoach safety plans that include the installation of Electronic Onboard Recorders, better use of inspection datea, a ban on texting and cell phone use by drivers, and stronger oversight of driver medical qualifications and drug and alcohol testing. Transportation Secretary Ray LaHood has called for zero tolerance of unsafe motorcoach operators nationwide.

NSTA normall holds its annual spring meetings in April, but the events were moved this year to May 3 through 5. The NSTA Safety Committee was scheduled top open the meetings in Alexandria, Va., followed by the NSTA Governmental Relations and NSTA Board meetings.

Capitol Hill visits were schedule to begin on Wednesday, led by NSTA's lobbying firm Prime Policy Group. NSTA members were to meet with individual congressional members. On Thursday, the "Fly In" was expected to conclude with group congressional and agency presentations. Several of the topics to be discussed included NHTSA and FMCSA regulatory matters, illegal competion by mass transit agencies with FTA and environmental matters with EPA. Other federal agencies were also scheduled to speak to the group and/or to representatives from the American School Bus Council.

Look for a recap in our June magazine edition.

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The ASBC is expected to announce a new marketing specialist to assist the industry in promoting the benefits of the yellow school bus on both the federal and local levels. An industry insider told STN last week that the individual is located in Washington, D.C., and has previous lobbying experience.

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Speaking of FMCSA, Administrator Anne Ferro this week was back in D.C., taking a break from her ongoing trips across the nation speaking to transportation groups on pending regulatory oversight. A big push has been driver fitness, driver distraction and electronic on-board recorders. But she took time out from these keynotes and frequent testimony before Congress to address another concern for commercial drivers: seat belt usage.

Earlier in the week, FMCSA announced that the number of commercial drivers wearing seat belts increased by 14 percent since 2007.

The March 22 decision in Kasten v. Saint-Gobain Performance Plastics Corp. states that employees are protected under U.S. labor laws from employer retaliation when the complain verbally to supervisors about working conditions but don't keep a written record. The court found in favor of Wisconsin factory worker Kevin Kasten, who had complained to his employer that the placement of time clocks discouraged employees from swiping in before they donned protective gear.

The American Bar Association wrote last week in the ABA Journal that the issue centered on statutory language that protects workers from retaliation if they have “filed any complaint.” Justice Stephen G. Breyer issued the majority opinion that the purpose and context of the provision support the conclusion that the oral complaint was protected. But the majority opinion did not decide the issue of a need for a formal complaint because Kasten's employer did not raise the issue in response to the cert petition.

Justice Antonin Scalia dissented by arguing that the “file any complaint” privilege did not apply to any complaints made to employers and that the stature contemplates only an official complaint made with a court or an agency.

Regardless, precedence was set.

As noted in our Jan. 31 article, FMCSA and other Department of Transportation agencies are partnering with Cornell University on a relatively new e-Rulemaking Initiative that meets the push out of Washington, D.C., to make government more transparent.

DOT began piloting the online system through Cornell last March when FMCSA published its NPRM on banning text messaging by interstate bus and truck drivers, which since has become a final rule. The Cornell e-Rulemaking Initiative uses Web 2.0 principles to increase online community tools for participating in the process, namely submitting comments to the docket.

The old way is still in effect, which is a good thing since an FMCSA reminder sent today on submitting comments to the EOBR NPRM included a link to that told me the federal government's Regulation Room is "Down momentarily, but we're working on it. Back shortly!"

Ah, the joys of the Internet. Believe me, I commiserate. It's obviously time for the weekend to begin for me as well as our friends at Cornell and FMCSA.

Enjoy!