White House Fills One STB Seat

Moving to fill vacancies on the Surface Transportation Board, the White House appointed William Clyburn Jr. to a partial term of one year. The so-called recess appointment, done while Congress was out of town, does not require Senate confirmation.

The White House also said it would submit Mr. Clyburn’s nomination for a full term on the STB later this month. The nomination of Mississippi Transportation Commissioner Wayne Burkes to a third seat is expected at that time. These nominations require Senate approval.

Mr. Clyburn’s short-term appointment ensures that STB Chairman Linda Morgan will not be the sole board member while waiting for the Senate confirmation process to work out.

Mr. Clyburn fills the year-long vacancy created by the departure of J.J. Simmons, who left the board at the end of 1996 after he was not renominated. If Mr. Clyburn is confirmed for a full term, he will not serve the normal three years because the clock on the vacant seat began ticking last January. The term expires at the end of 2000.

Mr. Clyburn’s arrival ensures the STB will have two members to start the new year. Both he and Ms. Morgan are Democrats.

Vice Chairman Gus Owen, a Republican whose term expired Dec. 31, withdrew from consideration for a second term after an ethics complaint was lodged against him by the Congressional Accountability Project, which is affiliated with consumer advocate Ralph Nader.

“It is imperative that the STB have a quorum to decide many important issues in the immediate future. Without another member, the STB is greatly hindered in fulfilling its mission,” the White House said in announcing Mr. Clyburn’s appointment.

Until his appointment, Mr. Clyburn was an aide to Sen. Chuck Robb (D-Va.), advising the lawmaker on transportation issues, including railroad mergers, labor concerns, appropriations for intermodal facilities, and intelligent transportation systems.

Before joining Mr. Robb’s staff in 1995, Mr. Clyburn worked as a staff counsel to the Senate Commerce Committee. During his two-year tenure, Mr. Clyburn served as lead negotiator in several Amtrak reauthorization meetings, organized the 1994 hearing on the nomination of Ms. Morgan to the then-Interstate Commerce Commission and served as staff expert on rail safety and the financial viability of railroads.

From 1992 to 1993, he was a law clerk for a state judge in South Carolina.

In an interview last week, Mr. Clyburn said he read board decisions and other materials while awaiting his White House appointment. “I kept up with STB activities because I had to be able to step up to the plate,” he said. “I wanted to be able to hit the ground running.”

For the full story, see the Jan. 4 print edition of Transport Topics. Subscribe today.