President Obama announced his intention Wednesday, Nov. 12, 2014, to renominate Daniel Ellliot III to the Surface Transportation Board for another term, and upon appointment assume the role of STB chair, which he currently holds.
Elliott has served on STB since 2009. From 1993 to 2009, he was Associate General Counsel of the United Transportation Union (UTU). Elliott was an Associate at Chester Giltz & Associates from 1991 to 1992, an Associate at Marshman, Snyder, Berkley & Kapp from 1990 to 1991, and an Associate at Bishop, Cook, Purcell & Reynolds from 1989 to 1990. He has served as an editor for several railway-related publications.
The Senate Commerce Committee usually clears such a nomination, advancing its endorsement (and the nomination) to the Senate floor. A committee recommendation is not required, but the absence of a Commerce Committee hearing on such a matter is a rare occurrence.
If confirmation fails to occur before the current lame-duck Senate adjourns, Elliott must step down from his position and, possibly, be subject to a new nomination after the Republican-controlled Congress assumes its position in January.
Sources tell Railway Age that the confirmation likely will take place prior to adjournment, however. Elliott apparently has made his peace with Sen. Durbin (D-Ill.), and Sen. Jay Rockefeller (D-W.Va.), who is retiring, is not seen as an impediment.
It is likely Elliott will be pressed on STB merger rules and how the agency might proceed if there is a formal merger application between two Class I railroads, the specter of which was raised this fall with a proposed union of CSX and Canadian Pacific.