STB Nominees Seek to Be Neutral at Hearing

The two nominees for seats on the U.S. Surface Transportation Board appeared before the Senate Commerce Committee this week and sought to deflect pointed questions they were asked about STB policies.

Patrick J. Fuchs, a former Commerce Committee staff member, and Michelle A. Schultz, deputy general counsel for the Southeast Pennsylvania Transportation Authority, are Republicans who recently were nominated to STB seats by the Trump administration .

Among the questions was one by Roger Wicker (R-Mississippi) about Amtrak’s statutory right of preference over freight traffic.

“The law says Amtrak has preference over freight transportation using a rail line. You talked about statutory directives. Do you agree [preference] is a statutory directive?” Wicker asked. “In reality freight railroads have consistently denied such preference to Amtrak.”

Noting that a federal appellate court has struck down one effort to regulate on-time performance, Fuchs said, “Reasonable terms and conditions are case-specific, dependent on a particular route. “I would be hesitant to make a sweeping statement. I would evaluate any case that came before the board from a fair and open perspective.”

Both nominees in their prepared statements and in answers to questions sought to paint themselves as neutral and impartial.

“I believe both in the importance of the board’s responsibilities and in the power of market forces to achieve efficiencies and drive innovation and investment,” Fuchs said in his statement.

For her part, Shultz said that “because freight rail and intercity passenger rail serve an integral role in enhancing mobility within the United States, it is incumbent upon the Board to approach matters . . . in an impartial manner within the bounds of its jurisdiction and the law.”

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