• FRA Final Rule regarding crew sizes

  • For topics on Class I and II passenger and freight operations more general in nature and not specifically related to a specific railroad with its own forum.
For topics on Class I and II passenger and freight operations more general in nature and not specifically related to a specific railroad with its own forum.

Moderator: Jeff Smith

  by eolesen
 
Unless Congress acts, this is meaningless should Chevron be overturned.



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  by Gilbert B Norman
 
Mr. Olesen, what I fail to see is any comparison between a railroad crew consist matter and a merger of Chevron and Hess.

First on the roads, so long as there is a parallel highway and if they are willing to accept "being tied up" for at least an hour to get your "highway Conductor" to the scene of, say, a parted air hose, or a hotbox, (of particular interest post-E. Palestine), that's the road's business. In the case of a parted hose, it might even improve efficiency as the Conductor is dropped off at the train's rear and he starts walking forward while the Engineer starts walking rear.

On Hess-Chevron, so what if Hess, a primarily East Coast refiner, wants to hook up with Chevron (nee; Standard Oil of California), what's it to the retail consumer (and voter)?
  by eolesen
 
Not referring to a merger with Hess.

Chevron Deference refers to a 1984 SCOTUS ruling which gave Federal agencies broader ability to self-interpret or fill in the gaps in situations where Congress leaves gaps in statutes, and that the courts should follow those interpretations as though they were law, instead of reviewing the interpretations and determining if they were legal.

The ruling has resulted in almost 4 decades of poorly crafted laws being Left to agencies to interpret, manipulate, and occasionally abuse.

The EPA considering creeks and drainage ditches as navigable waters is but one example.

I haven't fully reviewed statutes, but I don't see where the FRA has the mandate to determine operational staffing for railroads. Let Congress or states do that.

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