On October 2, FASA/Gemini joined the U.S. business community in urging Congress delay the January 1, 2016 deadline for railroads to install Positive Train Control (PTC). The U.S. House of Representatives could vote on legislation as early as this week. The Rail Safety Improvement Act of 2008 mandates certain railroads implement PTCs by December 31, 2015, or cease operations until such time PTCs can be installed. A recent U.S. Government Accountability Office (GAO) study found that “Most railroads in GAO’s review (20 of 29) estimate that they will implement positive train control (PTC)—a communications-based system designed to prevent certain types of train accidents—1 to 5 years after the statutory deadline of December 31, 2015.” As a result, if Congress does not extend the deadline, a significant portion of the nation’s rail system could shut down on January 1.
Category Archives: Washington Newsline
On October 5, trade ministers for the U.S., Vietnam, Japan, and 9 other countries, meeting in Atlanta, announced a Pacific Rim trade deal-known as the Trans-Pacific Partnership (TPP) Free Trade Agreement-after a week of intense of negotiations (White House Fact Sheet). FASA/Gemini attended the negotiations on behalf of the industry. While details of the agreement won’t be available for at least a few more weeks, early indications are that the fashion accessories provisions in TPP are positive. Under the provisions of Trade Promotion Authority (TPA), Congress will have the opportunity to review and vote on the TPP agreement sometime in 2016. If approved by Congress and the legislatures of the 11 other TPP countries approve the agreement, the TPP agreement could go into effect as early as late 2018 or early 2019.
The House of Representatives passed TSCA Modernization Act of 2015 (H.R. 2576), by a vote of 398-1 on June 23. The FASA-supported legislation would reform and update the fourty-year-old Toxic Substances Control Act (TSCA) by creating a national chemical safety regulation. FASA believes the establishment of a new national chemical safety regime will negate the need for and stall the proliferation of state and local product safety regulations. The Senate could vote on its version of the bill, the Frank Lautenberg Chemical Safety Act (S.697), before it adjourns for the August Congressional recess.
Professional California Proposition 65 litigants Consumer Advocacy Group, Inc. and Center for Environmental Health (CEH) issued new “60-day” notices in the past few weeks alleging that brands and retailers sold Wallets, Handbags, Purses, and Clutches Made With Leather, Vinyl or Imitation Leather Materials (Notice 1); Sandals (Notice 1, Notice 2, Notice 3, Notice 4); Footwear Made With Leather, Vinyl or Imitation Leather Materials (Notice 1); Belts Made With Leather, Vinyl or Imitation Leather Materials (Notice 1); and Clothing Made With Leather, Vinyl or Imitation Leather Materials (Notice 1) in California that contained DEHP, DBP, and/or lead in violation of a California law known as Proposition 65 (Prop 65). The notices serve as intent to bring lawsuits against the recipients alleging that the products sold in California contain certain chemicals in violation of Prop 65. Prop 65 requires “warning labels” on ALL products (not just children’s products) sold in California that contain lead, phthalates, cadmium, and any one of 850 other chemicals that the State of California believes could cause cancer or reproductive toxicity. Prop 65 allows so-called “citizen enforcers” to enforce the law. NGOs, other groups, and even private Californian citizens can sue in California courts and collect part of the fines. Find these notices along with every fashion and fashion-accessory related notice for the past six years in the FASA Prop 65 “60-Day Notice” running list.
FASA sent a June 15 letter opposing the California Office of Environmental Health Hazard Assessment’s (OEHHA) Prop 65 website proposal. OEHHA proposes to develop and maintain a website to collect and provide information to the public concerning exposures to listed chemicals for which warnings are being provided under Prop 65.
FASA signed on to a multi-association comment letter regarding the California Office of Environmental Health Hazard Assessment’s (OEHAA) proposed changes to Proposition 65 warning labels. FASA believes the proposal fails to reform Prop 65. Instead, the proposal would lead to increased litigation and unnecessary compliance burdens, without any increase in public safety.
The Council of Supply Chain Management Professionals (CSCMP) on June 23, released its 26th Annual “State of Logistics Report”. The report tracks and measures all costs associated with moving freight through the U.S. supply chain. The report found that U.S. business logistics costs rose 3.1% to $1.45 trillion in 2014.
The U.S. International Trade Commission (ITC) on May 19, terminated an antidumping (AD) and countervailing (CVD) duty case regarding 53-Foot Domestic Dry Containers. FASA, along with a number of other industry groups, sent a letter April 8, urging the ITC to consider the potential adverse economic impact of the case. If the ITC had imposed AD/CVD duties, the shipping industry’s ability to source necessary containers would have been significantly weakened.
The U.S. House of Representatives on June 9, approved the Transportation, Housing, and Urban Development (THUD) appropriations bill by a vote of 216-210. The bill contains an FASA-supported provision that will continue a moratorium preventing burdensome Hours of Service (HOS) regulations on truckers from going into effect until they are proven to have a safety benefit. The Senate Appropriations Committee will consider the bill in the coming weeks.
FASA joined 94 other industry associations sending a June 10 letter urging the Federal Maritime Commission (FMC) to take action on unfair and unwarranted demurrage, detention, and per diem charges paid by shippers when port delays prevent timely pickup and drop off of containers and equipment. The FMC released a report in April 2015 examining the issue.
