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media attention as ADS-equipped vehicles. automobiles, to pipelines, ships and other accidents of a It remains to be Chairman Sumwalt also noted that the NTSB has not closed all of its PTC-related safety recommendations. commented that it is a historic achievement for independent And, while most of the Chairman Sumwalt addressed the recent full implementation of PTC and new challenges for rail safety. NTSB has called on manufacturers to build in safeguards that automation capability intended by the manufacturer. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. Improvement Act of 2008,11 which mandated the full PE 16-007 (closed Jan. 19, 2017). Holland & Knight's Transportation & Infrastructure Industry Sector Group is prepared to assist industry clients in adapting to the anticipated changes by the new administration. The most recent PTC-preventable accident occurred near Cary, Ohio, in 2019. sending accident investigators to far fewer accidents in the past Merger Control Trends in Turkish Competition Law, Employment Law: Challenges that Lie Ahead for UK Employers in 2021, International Trade and National Security, © Mondaq® Ltd 1994 - 2021. of trains through switches left in the wrong position. See, e.g.,NHTSA Advanced Notice of Proposed that the industry continues to improve pedestrian, bicycle and guide to the subject matter. been some reduction in travel during the pandemic. accidents, minimizing injuries and saving lives across all modes of You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. 2017). 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. deaths and 6,883 injuries. launching investigators, taking into account such factors as the that PTC would have prevented the tragic accident. 13 See NTSB RAR-05/04 at 57 (Jan. 6, 2005; last visited Jan. 19, 2020). ensure that [manufacturers] take[] corrective action how these technologies should be incorporated into the COVID-19 will continue to challenge the NTSB in fulfilling its mission of investigating accidents. announced that it was closing three of its PTC-related safety system has not been designed to detect. Chairman, National Transportation Safety Board. Robert L. Sumwalt Chairman, National Transportation Safety Board Robert Llewellyn Sumwalt III was born in June 1956 in Columbia, South Carolina. 12 Positive Train Control Enforcement and Implementation Act of 2015, Pub. of the Chatsworth accident, Congress enacted the Rail Safety The NTSB determined that the 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 NTSBâs investigation of the accident, and the safety recommendations issued by the board. 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. Chairman Sumwalt highlighted the fact that systems 8. chlorine gas. 1 priority of the NTSB is the safety of its employees, which the agency is taking very seriously during the pandemic. Before the . incorporating information about COVID-19 into its launch decisions ADS-equipped or developmental vehicles with NTSB Chairman Sumwalt. reduction in transportation accident rates, even though there has action. square miles around the accident. motorcycle safety, even though those topics do not receive the same United States Senate â On â Aviation Safety and the Future of Boeingâs 737 MAX â Washington, DC ⢠October 29, 2019 . its PTC-related safety recommendations. Rulemaking, Framework for Automated Driving System Safety, 85 FR Positive Train Control (PTC) for the railroad industry has been accidents as PTC-preventable. The NTSB recommended that FRA "determine the result of agency investigations. In the aftermath Chairman Sumwalt accidents in all modes of transportation, from planes, trains and Chairman Sumwalt addressed the recent full implementation of PTC Positive Train Control Enforcement and has, to say the least, presented a challenge to the NTSB. NHTSA has neither taken the action recommended by the NTSB, nor "5 The NTSB also critiqued President-Elect Joe Biden and Vice President-Elect Kamala Harris will be inaugurated on Jan. 20, 2021, ushering in a new set of regulatory and legislative priorities. or read in the car. It is up to NHTSA, though, to develop regulations and FMVSS applicable to ADS and ADS-equipped vehicles. Rep. Brian Higgins, a Buffalo Democrat, said Tuesday that he had spoken with the safety board's chairman, Robert Sumwalt, about the crash. See NTSB RAR-05/04 at 57 (Jan. 6, 2005; last 3 NTSB HAR 20/01, Collision Between a Sport Utility Vehicle Operating With Partial Driving Automation and a Crash Attenuator (Feb. 25, 2020) (also summarizing three other NTSB investigations of similarly-equipped vehicles with ADSs); NTSB HAR 19/03, Collision Between Vehicle Controlled by Developmental Automated Driving System and Pedestrian (March 18, 2018). 11. 10. The automotive industry is rapidly 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. PE 16-007 (closed Jan. 19, COVID-19 will continue to challenge the NTSB workforce working remotely from home – increased 3. in which the ... systems did not perform as designed. Domain.6, As a result of its investigation, among several safety The NTSB has historically focused its highway accident 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. "I've seen up close the devastation and heartbreak a rail catastrophe brings," said NTSB Chairman Robert Sumwalt. We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. That's the finding of the final report by the NTSB into the deaths of ⦠Just last week, the NTSB sent a is through a smartphone app that provides a dashboard view of the that exceed the vehicle's Operational Design Domain (ODD). He hopes that the industry will not let its guard down. this nascent technology. Chairman Sumwalt also noted one positive side effect of having NTSB issued a safety recommendation to NHTSA "to determine if development of a framework for Automated Driving System (ADS) Recently, however, the NTSB has also focused on accidents involving automated driving systems (ADS), with an eye toward the safety implications raised by this nascent technology. tool. The NTSB's February 2020 report of its He hopes that the industry will not let vehicles equipped with ADS-related technologies.3 These transportation. The National Highway Traffic Safety prevent drivers from operating vehicles in ways that exceed the barrier.4 The NTSB noted that the vehicle's Click "accept" below to confirm that you have read and understand this notice. of vehicles and rail-grade crossing accidents. L. No. currently on the market are not fully autonomous. 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. 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. The technologies are so new that there Implementation Act of 2015, Pub. The National Transportation Safety Board ruled that Zhukovskyy was driving impaired and caused the crash. The NTSB's February 2020 report of its investigation of the crash of an SAE Level 2 automated vehicle on U.S. Highway 101 in Mountain View, California, noted that the vehicle's steering functions failed to maintain the vehicle in its lane because of an inability to discern lane markings for the gore area separating an exit lane from the travel lane. Congress extended the deadline for full implementation to Dec. 31, 13. Tesla ignored safety recommendations made by the National Transportation Safety Board (NTSB) about its Autopilot driver assistance system, the boardâs chairman Robert Sumwalt ⦠Following a head-on collision in accidents happen, the agency makes an assessment of the danger of National Transportation Safety Board . L. travel to accidents. Every two years, the NTSB publishes a Most Wanted List of safety For example, a collision between two trains in Graniteville, Ohio, in 2005 caused the release of chlorine gas and at least partial evacuation of several square miles around the accident. explicitly govern ADS. Bookmark our Election Impacts on Transportation & Infrastructure resource page to follow along. almost two-thirds of which work from the agency's headquarters This has resulted in the agency sending accident investigators to far fewer accidents in the past year compared to pre-pandemic levels. COVID-19 status of the location from which an investigator would be Chairman Sumwalt said that he has not noticed a significant rail miles nationwide. 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. 78058, 78058–75 (Dec. 3, 2020), requesting comment on the To print this article, all you need is to be registered or login on Mondaq.com. This resulted in a fatal collision with a concrete median barrier.4 The NTSB noted that the vehicle's ADS was not designed to detect certain common roadway hazards, such as fire trucks, crash attenuators and the side of a semitrailer, "when vehicles equipped with the technology are traveling at high speed or are faced with vehicle shapes or objects that the system has not been designed to detect. 2. They all require approved by the FRA.12. Committee on Commerce, Science, and Transportation . and new challenges for rail safety. Holland & Knight discussed the recent NTSB investigations of ADS-equipped or developmental vehicles with NTSB Chairman Sumwalt. 26–28, 43–50 & 55–57. "7, NHTSA had previously conducted a defects investigation of such Attorney Advertising. automotive industry, and commented that ADS-equipped vehicles hold Robert Sumwalt, chairman of the National Transportation Safety Board, speaks at a Feb. 25 public hearing on a fatal crash in Mountain View, Calif., involving Tesla's Autopilot system. and on any main lines over which intercity or commuter rail ⦠about your specific circumstances. and already worked from home, limitations on travel and concern for transportation operators. âUnfortunately, that safety net had multiple holes in it.â industry will rebound after the pandemic. year compared to pre-pandemic levels. This has resulted in the agency vehicle accidents involve pedestrians, bicycles and motorcycles, Holland & Knight spoke with NTSB Chairman Robert Sumwalt about An Independent Federal Agency cellphone to send text messages distracted him from his duties, and On the eve of the Biden-Harris inauguration, 4 See NTSB HAR 20/01 at 9, 12–20, 26–28, 43–50 & 55–57. That is the case for PTC. They all require active monitoring by the driver, and do not permit drivers to nap or read in the car. others, the NTSB concluded that a train engineer's use of a NHTSA Office of Defect Investigations, Investigation No. The National Transportation Safety Board (NTSB) investigates, reports on and determines the probable causes of transportation accidents in all modes of transportation, from planes, trains and automobiles, to pipelines, ships and other accidents of a catastrophic or recurring nature, such as commercial space transportation accidents and accidents involving hazardous materials.1 When the NTSB identifies safety issues, it can make safety recommendations aimed at furthering its ultimate mission of preventing future accidents and reducing injuries from accidents that do occur. The National Transportation Safety Board has put out a call for a âcomprehensive effort to improve aviation safety in Alaska, a region with a higher accident rate than the rest of the country.â. railroads' main lines over which 5 million or more gross tons âThe disaster could have been prevented if Atmos Energy had done what they needed to do,â NTSB Chairman Robert Sumwalt said following a board meeting. trucking, school bus accidents, collisions involving large numbers 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. 11 Rail Safety Improvement Act of 2008, Pub. its guard down. transportation accidents and accidents involving hazardous components of which was pelvic mesh. its lane because of an inability to discern lane markings for the Chairman Sumwalt also pointed out that there remains room to resulting in almost 13,000 fatalities per year. Just last week, the NTSB Mondaq uses cookies on this website. traveling, the status of the accident location, and the adequacy of 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. The National Highway Traffic Safety Administration (NHTSA) is still gathering public comment on ADS and how these technologies should be incorporated into the FMVSS.2, Since 2016, the NTSB has investigated five crashes involving vehicles equipped with ADS-related technologies.3 These accidents illustrate the NTSB's focus on current system limitations, lack of driver knowledge, misuse of vehicle capabilities and adequacy of oversight during vehicle testing on public roads. 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) tool. Copyright © 1996â2021 Holland & Knight LLP. systems (ADS), with an eye toward the safety implications raised by Connecticut, in 1969. 1 priority of the NTSB Chairman Sumwalt also pointed out that there remains room to improve highway safety in other areas. it can make safety recommendations aimed at furthering its ultimate as fire trucks, crash attenuators and the side of a semitrailer, determined that another defect investigation is warranted.9. Crash Attenuator (Feb. 25, 2020) (also summarizing three other NTSB reduced investments in safety or decreases in proficiency for pandemic on the agency's important mission. vehicle's steering functions failed to maintain the vehicle in 1 See 49 U.S.C. improve highway safety in other areas. It is important that the industry continues to improve pedestrian, bicycle and motorcycle safety, even though those topics do not receive the same media attention as ADS-equipped vehicles. "8 To date, NHTSA has neither taken the action recommended by the NTSB, nor determined that another defect investigation is warranted.9. capabilities and adequacy of oversight during vehicle testing on NHTSA Response to NTSB Safety Recommendation companies of the congressional PTC mandates. H-20-002 (June 22, 2020). safe means of travel and lodging. The NTSB has called on manufacturers to build in safeguards that prevent drivers from operating vehicles in ways that exceed the automation capability intended by the manufacturer. recommendations applicable to testing of automated vehicles, the "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. investigations on commercial operations such as passenger buses and Almost all of the agency's headquarters staff are now working from home. Automated Driving System and Pedestrian (March 18, 2018). high speed or are faced with vehicle shapes or objects that the Jan. 15, 2021). U.S. Highway 101 in Mountain View, California, noted that the NTSB Chairman Robert Sumwalt said Schoharie County District Attorney Susan Mallery and New York State Police initially refused to cooperate with ⦠The crash happened June 21, 2019, in Randolph. 9 NHTSA Response to NTSB Safety Recommendation H-20-002 (June 22, 2020). while doing its best to improve transportation safety for the gore area separating an exit lane from the travel lane. The content of this article is intended to provide a general Utility Vehicle Operating With Partial Driving Automation and a NTSB staff have achieved a 20 percent increase in report production; the backlog of vehicle recorders needing readout in the NTSB Recorders Lab is down 60 percent; and the Materials Lab backlog is at a 12-year low. While working for US Airways, he was a member of the quality assurance team and [â¦] 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. Sumwaltâs nomination for a two-year term by President Donald Trump was confirmed by the Senate on Aug. 3. Since then, the agency has categorized 154 accidents as PTC-preventable. Specialist advice should be sought public. The National Transportation Safety Board (NTSB) investigates, 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. for companies involved in accidents, and may prompt congressional A federal investigation into a fatal crash involving an Uber self-driving car concluded the probable cause was a safety driver distracted by their phone. 2018, with additional extensions available to Dec. 31, 2020, if The technologies are so new that there are no Federal Motor Vehicle Safety Standards (FMVSS) that explicitly govern ADS. The virtual media availability with Chairman Sumwalt will be conducted using Microsoft Teams. is the safety of its employees, which the agency is taking very that protects the highest risk railroad miles, those carrying Those accidents have resulted in 305 deaths and 6,883 injuries. Chairman Sumwalt commented that the No. 1131(a)(1)(A)–(F). See 49 U.S.C. The NTSB will continue to monitor these developments and make safety recommendations as a result of agency investigations. derailments, incursions into established work zones and movements apparatus to their crewmembers ...."13 Hon. first issued a safety recommendation calling for implementation of 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. 8 NHTSA Office of Defect Investigations, Investigation No. 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. to monitor these developments and make safety recommendations as a Mandated Positive Train Control (PTC) Systems, (last visited productivity. great promise for improving highway safety. Federal Railroad Administration (FRA) indicates PTC has finally The agency will continue to prioritize the safety of its employees, while doing its best to improve transportation safety for the public. We would like to show you a description here but the site wonât allow us. agency's regional investigators are spread around the country staff are now working from home. 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. The ⦠improvements that the agency determines are important to preventing mission of preventing future accidents and reducing injuries from intended operational design domain pose an unreasonable risk to Chairman Sumwalt discussed these effects, his thoughts on the issues and how the country's transportation industry will rebound after the pandemic. are no Federal Motor Vehicle Safety Standards (FMVSS) that He has been a board member of the National Transportation Safety Board since 2006, serving as the agency's chairman since 2017. 4. No. He has served under three presidents and became chairman in August 2017. 1. recommendations following the full implementation by railroad The seven bikers were members of the Jarheads Motorcycle Club, a New England group that includes Marines and their spouses. Administration (NHTSA) is still gathering public comment on ADS and 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. Chairman Sumwalt commented that the No. Chairman Sumwalt said that he has not noticed a significant reduction in transportation accident rates, even though there has been some reduction in travel during the pandemic. thoughts on the issues and how the country's transportation The NTSB has found in its investigations that reports on and determines the probable causes of transportation airline. investigation of the crash of an SAE Level 2 automated vehicle on Robert Llewellyn Sumwalt III (born June 30, 1956) is an American academic, aviator, government official and writer. Robert Sumwalt. 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Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Recently, however, Chairman . 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. public roads. materials ... [and] require railroads to provide these breathing vehicles. 10 See Federal Railroad Administration, Steps Toward Full PTC System Implementation of Mandated Positive Train Control (PTC) Systems, (last visited Jan. 15, 2021). 12. occurred near Cary, Ohio, in 2019. between two trains in Graniteville, Ohio, in 2005 caused the Since then, the agency has categorized 154 The Honorable Robert L. Sumwalt, III . Sumwalt said the NTSB had called for technology more than nine years ago to disable distracting functions of smartphones while the user is driving, but no action has been taken. L. 114-73, § 1302 (2015). develop regulations and FMVSS applicable to ADS and ADS-equipped Holland & Knight discussed the recent NTSB investigations of the NTSB in fulfilling its mission of investigating accidents. For example, a collision About a third of motor vehicle accidents involve pedestrians, bicycles and motorcycles, resulting in almost 13,000 fatalities per year. the systems for not limiting their use to the Operational Design backlog is at a 12-year low. catastrophic or recurring nature, such as commercial space report production; the backlog of vehicle recorders needing readout current COVID-19 status of every county in the United States. The NTSB has found in its investigations that drivers have been inclined to deliberately operate vehicles in ways that exceed the vehicle's Operational Design Domain (ODD). most effective methods of providing emergency escape breathing Election Impacts on Transportation & Infrastructure resource page, NTSB Case Analysis and Reporting Online (CAROL) tool, Steps Toward Full PTC System Implementation of Mandated Positive Train Control (PTC) Systems. 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. The NTSB FMVSS.2, Since 2016, the NTSB has investigated five crashes involving NTSB Case Analysis and Reporting Online (CAROL) the system's operating limitations, the foreseeability of He also noted, however, that the PTC-covered high risk track is only approximately 40 percent of rail miles nationwide. 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