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In May 20 testimony before the House Committee on Transportation and Infrastructure's Subcommittee on Railroads, Surface Transportation Board Chairman Roger Nober addressed the board's ability to function as a one-member body.


Commissioner Wayne Burkes resigned in March to campaign for Mississippi's treasurer post and Commissioner Linda Morgan resigned May 15.


"While I have the legal power to act as a single member, whether I can act and whether I should act alone are different matters," said Nober, according to a prepared statement. "It is my hope that new board members will be nominated and confirmed quickly, before the August recess."


It wasn't Congress' intention to create a unilateral decision-maker when it established STB predecessor Interstate Commerce Commission, said Nober.


"On the one hand, I am mindful that Congress created the board
as a bi-partisan, multi-member board so that its decisions would reflect consensus among different points of view," he said. "[But] the industry must have an agency that can continue to function."