Two major train derailments, one in West Virginia and one in Northern Ontario, have once again put oil transport by rail in the national spotlight in the United States.
The derailment of the train hauling crude oil in West Virginia resulted in at least 14 cars bursting into flames. As a result, two towns near the site of the accident, Adena Village and Boomer Bottom, have been evacuated. Oil from the train also spilled into the Kanawha River, contaminating the drinking water for two counties. West Virginia Governor Earl Ray Tomblin has declared a state of emergency. The incident came two days after another oil train derailment in Ontario, in which 29 cars were derailed and seven caught fire.
U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today held his second hearing as chairman entitled, “Freight Rail Transportation: Enhancing Safety, Efficiency, and Commerce.” The hearing focused on challenges facing our nation’s freight rail network created by higher demand, pending and proposed rules and regulations, and infrastructure needs. Today’s hearing continued Thune’s work to improve freight rail service for ag producers and shippers and prevent future rail service disruptions from occurring.
Thune also invited Dave Brown, Chief Operating Officer of Genesee and Wyoming, parent company to South Dakota’s Rapid City, Pierre, and Eastern line (RCP&E), to testify before the hearing. Dave spoke about the opportunities and challenges that RCP&E and other shortline railroads face.
Last Congress, the Commerce Committee held various rail related hearings, including a hearing on the rail service challenges facing shippers across the country, which included agriculture producers in South Dakota who struggled with access to reliable freight rail service during a record harvest. In addition, on September 17, 2014, the Commerce Committee passed the bipartisan Surface Transportation Board (STB) reform bill that Senator Thune and former Commerce Committee Chairman Jay Rockefeller (D-W.V.) introduced to institute common-sense reforms regarding how the STB works and to address rate disputes and service complaints.
“As 2013 and 2014’s freight rail delays and service challenges highlighted, rail service is absolutely critical to our nation’s economy. South Dakota farmers scrambled to find rail cars and watched as rail turn times worsened, delaying shipments and creating grain storage challenges for the record breaking wheat, corn, and soybean crops.
“However, those delays were not just limited to the north central United States, they also extended across the country and impacted every shipping sector and industry.
“Thankfully, this winter’s relatively mild weather and better service have provided some improvements, but there’s still work to be done.
“I am pleased that Genesee and Wyoming, the parent company of South Dakota’s Rapid City, Pierre, and Eastern Railroad (RCP&E) has joined us for today’s hearing. I look forward to hearing from Dave Brown, the Chief Operating Officer of Genesee and Wyoming, which is the largest Class II railroad in the country with over 100 shortline and regional railroads, about the opportunities and challenges the RCP&E and other shortline railroads face.
“From automobiles, to coal, to ethanol, to agriculture, rail service moves goods from farm and factory to consumer marketplaces across the country and across the globe. The U.S. Department of Transportation (DOT) notes that freight rail moves roughly 40 tons per person each year. As a nation, we rely on cost efficient, timely service to move food, consumer products, and energy resources on a daily basis.
“The private infrastructure that makes up our nation’s freight rail system is costly, as old tracks and equipment require ongoing maintenance and investment. Our nation’s railroads continue to invest in new track, sidings, locomotives, and car resources with the goal of serving their customers. Class I railroads and shortlines alike face increasing demands for prompt, reliable, and safe service.
“In 2014 freight traffic increased nearly five percent over 2013 levels, and we should seek solutions that foster an even stronger freight rail network to meet this increasing demand.
“The Federal Railroad Administration (FRA) has proposed or finalized over 15 new freight rail safety rules since the passage of the Rail Safety Improvement Act of 2008, and many of these regulations will take effect in 2015.
“Not only is the Positive Train Control (PTC) mandate looming, with its December 31st deadline, but the DOT has announced that it expects a crude-by-rail regulation to be published around May of this year.
“Although the PTC deadline is quickly approaching, it remains unattainable. Through the end of 2014, railroads have invested over $5 billion in PTC, and they expect to spend billions more in the coming years.
“They have begun installation of the radio towers, locomotive technology, and other PTC infrastructure, but full compliance with the statutory requirements cannot be achieved by the end of this year. The FRA and the Government Accountability Office have documented the immense technical and programmatic challenges with implementing PTC.
“As a result of these challenges, the DOT has reported that the deadline will not be met and has offered a proposal to ensure the benefits of PTC are realized. I look forward to working with my colleagues on a legislative fix to ensure that we can set a more realistic implementation timeline for this important safety improvement.
“I am also closely monitoring the proposed crude-by-rail requirements.
“I have expressed concerns to the Office of Management and Budget as well as the DOT about the unintended harms that could result from the proposed rule. The DOT estimates its proposed crude-by-rail rule could cost nearly $6 billion, and it acknowledges the rule would increase network delays and out-of-service time for rail equipment.
“Without question, we must improve the safety of our nation’s rail system, but I am concerned about the unattainable deadlines the rule proposes. Like the PTC mandate, there are very real impacts when federal agencies set unreasonable and, many times, unachievable deadlines.
“Among other things, the DOT issued this proposed rule without analyzing the potential tank car shop capacity needed to retrofit or replace over 100,000 DOT-111 tank cars. Shippers have raised concerns about a tank car shortage, with a disruption in energy supply transportation, if DOT finalizes this rule with an unattainable deadline. I look forward to working with my colleagues, stakeholders, and the Secretary of Transportation on a realistic timeline for such a phase-out.
“While safety can and should be improved, we certainly do not need to build in system-wide delays and congestion like we have witnessed during the past year and a half.
“Our transportation network connects port to rail to truck. Delays, burdensome regulations, and failing infrastructure disrupt our nation’s economy and cost jobs. So, we must work together to find workable solutions.
“In addition, we must ensure that the Surface Transportation Board, which is tasked with resolving railroad rate and service disputes and reviewing proposed railroad mergers, can provide effective and efficient oversight of the rail industry.
“This committee has a great deal of work to do in addressing freight rail service and safety in addition to passenger rail reauthorizations. I hope members will bring forward thoughtful solutions as we address these challenges.”
WASHINGTON – U.S. Transportation Secretary Anthony Foxx announced today that Department of Transportation Chief of Staff Sarah Feinberg will serve as Acting Administrator of the Federal Railroad Administration (FRA). She succeeds Joseph C. Szabo who was appointed and confirmed as the agency’s twelfth Administrator is 2009. Szabo stepped down as the agency’s head last Friday.
“Sarah has been my partner and served as my closest advisor during her tenure as Chief of Staff at the U.S. Department of Transportation. With her ability to bring clarity, focus and direction to complex challenges, she has become a proven leader within our agency,” said Secretary Anthony Foxx. “Sarah has the right mix of experience and skills to adeptly lead the FRA as it continues its important work to ensure the safe, reliable and efficient movement of people and goods.”
Feinberg becomes the second woman to lead the agency since its founding in 1966.
Since 2013 Feinberg has served as the Chief of Staff for the U.S. Department of Transportation (USDOT), managing the agency’s ten modal departments, and spearheading the agency’s legislative, policy, and communications efforts. Feinberg provided strategic advice and counsel to the Secretary regarding operational and legislative initiatives across all modes of transportation, as well as leading the department’s efforts on its $302 billion surface transportation reauthorization plan, sent to the U.S. Congress last year.
During her time as Chief of Staff, Feinberg worked closely with Secretary Foxx and each agency in the Department to ensure that they are continuously raising the bar on safety. As Acting Administrator of the Federal Railroad Administration, Feinberg will work to strengthen the culture of safety across the railroad industry.
The FRA is the Nation’s chief safety regulator for the passenger and freight rail industries. The agency has a $1.6 billion budget and employs nearly 900 people in Washington, D.C. and eight regional offices across the country. It establishes and enforces safety rules for the rail industry as well as manages a $20 billion rail investment portfolio.
According to data from Federal Railroad Administration’s Management Information System, the rail industry’s random drug testing positive rate has remained below 1.0 percent for the last two years. FRA’s administrator has therefore determined that the minimum annual random drug testing rate for the period Jan. 1, 2015 through Dec. 31, 2015, will remain at 25 percent of covered railroad employees.
In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period Jan. 1, 2015 through December 31, 2015. Railroads remain free, as always, to conduct random testing at higher rates.
This notice of determination was effective December 19, 2014.
FRA determines the minimum annual random drug testing rate and minimum random alcohol testing rate for the next calendar year based on railroad industry data available for two calendar years (for this notice, calendar years 2012 and 2013). Data from FRA’s Management Information System shows the rail industry’s random drug testing positive rate has remained below 1.0 percent for the applicable two calendar years.
WASHINGTON — The U.S. Supreme Court appeared divided Monday as it considered whether Amtrak, the government-owned passenger rail company, wields too much clout in setting regulations that private freight carriers also must follow.
The nine justices heard arguments in a challenge by the Association of American Railroads to a federal law that gives Amtrak, a government-owned corporation, a key role in setting standards for railroads, including for on-time performance.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) Nov. 25 issued a safety advisory to the rail industry to better protect rail employees working on active tracks, or right-of-ways, under the supervision of a dispatcher.
“Clear communication is critical to keeping employees out of harm’s way,” said U.S. Transportation Secretary Anthony Foxx. “I want railway workers to return home safely to their families after their shift and it is the responsibility of the railroads and their employees to keep the work environment as safe as possible.”
Safety Advisory 2014-02 Roadway Worker Authority Limits, highlights the need for railroads to ensure that appropriate safety redundancies are in place in the event an employee fails to comply with existing rules and procedures. The advisory describes several related incidents and stresses the importance of clear communication and the need for railroads to monitor their employees for compliance. This Safety Advisory satisfies one National Transportation Safety Board (NTSB) safety recommendation related to dispatchers and partially addresses another related to redundant signal protection.
There are three safety measures in the advisory designed to reduce incidents that FRA expects railroads to take action on immediately:
Increase monitoring of their employees for compliance with existing applicable rules and procedures.
Examine train dispatching systems, rules, and procedures to ensure that appropriate safety redundancies are in place.
If a railroad determines that appropriate safety redundancies are not in place, adopt electronic technology—such as the Enhanced Employee Protection System, Hi-Rail Limits Compliance System, and the Train Approach Warning System—that would provide appropriate safety redundancies.
Until such technologies are in place, railroads should stress importance of dispatchers being advised of roadway workers’ whereabouts and work plans; forbid student dispatchers from removing blocking devises until confirmed by a supervisor; and that, prior to passing any absolute signal, a roadway worker should verify the limits of his or her authority.
FRA believes positive train control, a system for monitoring and controlling train movements to enhance safety, would have prevented the incidents described in the Safety Advisory.
However, where Positive Train Control is not in effect, FRA recommends that railroads adopt one or more electronic technologies that may serve to fill the technology gap and safeguard roadway workers.
The Federal Railroad Administration (FRA) Nov. 7 issued a final rule that strengthens training requirements for railroad employees and contractors who perform safety-related work. The rule, which was mandated by the Rail Safety Improvement Act (RSIA) of 2008, ensures safety-related employees are trained and qualified to comply with any relevant federal railroad safety laws, regulations, and orders. “Safety is our top priority and this is just the latest step in our mission to ensure the safety of railroad employees, the public and the communities these railroads pass through,” said U.S. Transportation Secretary Anthony Foxx. “The GROW AMERICA Act will help advance safety by harnessing technology and research, as well as implementing Positive Train Control and updating federal hours of service regulations.” The rule improves training for all safety-related railroad employees, regardless of whether the person is employed by a railroad, a contractor or a subcontractor, by requiring:
Minimum training standards for each type of safety-related railroad employee;
FRA review and approval of each employer’s training program to ensure employees will be qualified to measurable standards;
Greater use of structured on-the-job and interactive training;
Methods for each employer to review and improve training programs annually with a focus on closing performance gaps; and
A streamlined, nation-wide approach that bolsters training for operators of roadway maintenance machines equipped with a crane that work across multiple jurisdictions.
“Quality training is fundamental to the execution of safety sensitive railroad duties,” said Federal Railroad Administrator Joseph C. Szabo. “This regulation ensures the heightened professionalism of the workforce that keeps our railroads running safety and efficiently every day.” Through the Railroad Safety Advisory Committee (RSAC), FRA is working to complete the actions mandated by RSIA, including developing a framework for the creation and implementation of performance-based programs that anticipate and reduce risk. An RSAC working group has developed recommendations for fatigue management provisions and the agency moving forward with rulemakings related to the transportation of crude oil and ethanol by rail – one focusing on the securement of equipment and the other on the appropriate crew size requirements when transporting highly flammable liquids. Additionally, FRA is preparing a final rule amending its regulations related to roadway workers and is developing other RSAC-supported actions that advance high-performing passenger rail, such as proposed rules on standards for alternative compliance with FRA’s Passenger Equipment Safety Standards. The Federal Railroad Administration’s (FRA) mission is to ensure the safe, reliable, and efficient rail transportation of people and goods for a strong America, now and in the future. The GROW AMERICA Act supports this mission with predictable, dedicated investments that enhance safety and modernize our rail infrastructure to meet growing market demand. The Act also builds on current investments to vastly improve the system in areas ranging from Positive Train Control (PTC) implementation to enhancing flexibility in financing programs that will better enable the rehabilitation of aging infrastructure. To view the final rule, click here.
After nearly six years serving as chief of the U.S. Department of Transportation’s Federal Railroad Administration, Joe Szabo is stepping down in January. In a statement to FRA staff, Szabo said, “I will head home to accept a position as a senior fellow for the Chicago Metropolitan Agency for Planning. In my new capacity, I’ll work with the region’s local elected officials, the Illinois General Assembly, the freight and passenger rail industry, organized labor, and logistic firms, and other metropolitan regions on transportation planning and programming. “It is a role that allows me to return to my roots in local government, to serve as a senior advisor on transportation policy, and – from Chicago – continue to advance the safe, efficient, and reliable movement of people and goods for a strong America, just like we’ve done together here at FRA.” “It has been an honor to serve my President, former Secretary Ray LaHood and Secretary Anthony Foxx.” Nominated March 20, 2009, and confirmed by the United States Senate on April 29, 2009, Szabo is the twelfth Administrator of the FRA and the first to come from the ranks of rail workers. Prior to becoming FRA administrator, Szabo served as the former United Transportation Union’s Illinois state legislative director. He also served as vice president of the Illinois AFL-CIO, mayor of Riverdale, Ill., and vice chairman of the Chicago Area Transportation Study’s Executive Committee. In 2002, he chaired the governor’s Freight Rail Sub-Committee and, in 2005, was assigned by the UTU to the FRA’s Railroad Safety Advisory Committee (RSAC), where he participated in the development of rail-safety regulations. As FRA administrator, he is the principal advisor to the secretary of the U.S. DOT on railroad affairs and other transportation matters, where he helped set freight and passenger rail policy and safety regulations and initiatives. “Our work is not done until new record bests in safety are achieved,” Szabo said in his statement. “As a 38-year veteran of the rail industry – one who worked out in the ranks – the most meaningful improvement to me was the dramatic drop in employee fatalities to a new record low. Over the course of my railroad career, I’ve lost five good friends to on-duty fatalities and, like most rail workers, survived my share of close calls in the workplace.” “In 2008, the year before I came to FRA, 26 rail workers perished in on duty fatalities – a rate of more than two per month. Through your good work, we drove that down to a record low number of 14 employee fatalities in 2013 – still too many, but a remarkable improvement. Now, 10 months into 2014, we are at five fatalities for the year and getting so close to the ultimate goal of zero. I’m counting on the practices we’ve put into place, particularly proactive programs like Confidential Close Calls Reporting, to get us to zero in 2015.”
The Federal Railroad Administration (FRA) Nov. 7 issued a final rule that strengthens training requirements for railroad employees and contractors who perform safety-related work. The rule, which was mandated by the Rail Safety Improvement Act (RSIA) of 2008, ensures safety-related employees are trained and qualified to comply with any relevant federal railroad safety laws, regulations, and orders.
“Safety is our top priority and this is just the latest step in our mission to ensure the safety of railroad employees, the public and the communities these railroads pass through,” said U.S. Transportation Secretary Anthony Foxx. “The GROW AMERICA Act will help advance safety by harnessing technology and research, as well as implementing Positive Train Control and updating federal hours of service regulations.”
The rule improves training for all safety-related railroad employees, regardless of whether the person is employed by a railroad, a contractor or a subcontractor, by requiring:
Minimum training standards for each type of safety-related railroad employee;
FRA review and approval of each employer’s training program to ensure employees will be qualified to measurable standards;
Greater use of structured on-the-job and interactive training;
Methods for each employer to review and improve training programs annually with a focus on closing performance gaps; and
A streamlined, nation-wide approach that bolsters training for operators of roadway maintenance machines equipped with a crane that work across multiple jurisdictions.
“Quality training is fundamental to the execution of safety sensitive railroad duties,” said Federal Railroad Administrator Joseph C. Szabo. “This regulation ensures the heightened professionalism of the workforce that keeps our railroads running safety and efficiently every day.”
Through the Railroad Safety Advisory Committee (RSAC), FRA is working to complete the actions mandated by RSIA, including developing a framework for the creation and implementation of performance-based programs that anticipate and reduce risk. An RSAC working group has developed recommendations for fatigue management provisions and the agency moving forward with rulemakings related to the transportation of crude oil and ethanol by rail – one focusing on the securement of equipment and the other on the appropriate crew size requirements when transporting highly flammable liquids.
Additionally, FRA is preparing a final rule amending its regulations related to roadway workers and is developing other RSAC-supported actions that advance high-performing passenger rail, such as proposed rules on standards for alternative compliance with FRA’s Passenger Equipment Safety Standards.
The Federal Railroad Administration’s (FRA) mission is to ensure the safe, reliable, and efficient rail transportation of people and goods for a strong America, now and in the future. The GROW AMERICA Act supports this mission with predictable, dedicated investments that enhance safety and modernize our rail infrastructure to meet growing market demand. The Act also builds on current investments to vastly improve the system in areas ranging from Positive Train Control (PTC) implementation to enhancing flexibility in financing programs that will better enable the rehabilitation of aging infrastructure.
After nearly six years serving as chief of the U.S. Department of Transportation’s Federal Railroad Administration, Joe Szabo is stepping down in January.
In a statement to FRA staff, Szabo said, “I will head home to accept a position as a senior fellow for the Chicago Metropolitan Agency for Planning. In my new capacity, I’ll work with the region’s local elected officials, the Illinois General Assembly, the freight and passenger rail industry, organized labor, and logistic firms, and other metropolitan regions on transportation planning and programming.
“It is a role that allows me to return to my roots in local government, to serve as a senior advisor on transportation policy, and – from Chicago – continue to advance the safe, efficient, and reliable movement of people and goods for a strong America, just like we’ve done together here at FRA.”
“It has been an honor to serve my President, former Secretary Ray LaHood and Secretary Anthony Foxx.”
Nominated March 20, 2009, and confirmed by the United States Senate on April 29, 2009, Szabo is the twelfth Administrator of the FRA and the first to come from the ranks of rail workers.
Prior to becoming FRA administrator, Szabo served as the former United Transportation Union’s Illinois state legislative director.
He also served as vice president of the Illinois AFL-CIO, mayor of Riverdale, Ill., and vice chairman of the Chicago Area Transportation Study’s Executive Committee. In 2002, he chaired the governor’s Freight Rail Sub-Committee and, in 2005, was assigned by the UTU to the FRA’s Railroad Safety Advisory Committee (RSAC), where he participated in the development of rail-safety regulations.
As FRA administrator, he is the principal advisor to the secretary of the U.S. DOT on railroad affairs and other transportation matters, where he helped set freight and passenger rail policy and safety regulations and initiatives.
“Our work is not done until new record bests in safety are achieved,” Szabo said in his statement. “As a 38-year veteran of the rail industry – one who worked out in the ranks – the most meaningful improvement to me was the dramatic drop in employee fatalities to a new record low. Over the course of my railroad career, I’ve lost five good friends to on-duty fatalities and, like most rail workers, survived my share of close calls in the workplace.”
“In 2008, the year before I came to FRA, 26 rail workers perished in on duty fatalities – a rate of more than two per month. Through your good work, we drove that down to a record low number of 14 employee fatalities in 2013 – still too many, but a remarkable improvement. Now, 10 months into 2014, we are at five fatalities for the year and getting so close to the ultimate goal of zero. I’m counting on the practices we’ve put into place, particularly proactive programs like Confidential Close Calls Reporting, to get us to zero in 2015.”
U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today held his second hearing as chairman entitled, “Freight Rail Transportation: Enhancing Safety, Efficiency, and Commerce.” The hearing focused on challenges facing our nation’s freight rail network created by higher demand, pending and proposed rules and regulations, and infrastructure needs. Today’s hearing continued Thune’s work to improve freight rail service for ag producers and shippers and prevent future rail service disruptions from occurring.
According to data from Federal Railroad Administration’s Management Information System, the rail industry’s random drug testing positive rate has remained below 1.0 percent for the last two years. FRA’s administrator has therefore determined that the minimum annual random drug testing rate for the period Jan. 1, 2015 through Dec. 31, 2015, will remain at 25 percent of covered railroad employees.
WASHINGTON — The U.S. Supreme Court appeared divided Monday as it considered whether Amtrak, the government-owned passenger rail company, wields too much clout in setting regulations that private freight carriers also must follow.