“Back on Track: Bringing Rail Safety to the 21st Century,” is a study conducted by the Alliance for Innovation and Infrastructure (Aii) on opportunities that are currently available to enhance rail transportation safety in the United States.
The study, which focuses largely on crude oil and hazardous shipments, gives real-world solutions that are intended to prevent accidents, rather than mitigate them. Included in that study is a recommendation for the Federal Railroad Administration (FRA) to require two-person crews (see page 14).
Washington — The pending nominee to be the next administrator of the Federal Railroad Administration (FRA) will provide testimony at a U.S. Senate Committee on Commerce, Science, and Transportation confirmation hearing on Thursday, September 17 at 9:45 a.m. Ms. Feinberg has served as the Acting Administrator of the FRA since January 2015 and the president formally nominated her to be the next administrator at FRA on May 29, 2015. Her nomination questionnaire is available here.
Nomination Under Consideration: Sarah Feinberg, to be the Administrator of the Federal Railroad Administration
Hearing Details: Thursday, September 17, 2015 9:45 a.m. Full Committee Nomination Hearing
This hearing will take place in Senate Russell Office Building, Room 253 and a live video of the hearing will be available.
Alternate National Legislative Director Greg Hynes testified Thursday, August 28 at the Federal Railroad Administration’s (FRA) Risk Reduction public hearing.
The FRA published a notice of proposed rulemaking February 27, 2015 requiring certain railroads to develop a Risk Reduction Program (RRP). The Rail Safety Improvement Act of 2008 already requires the development and implementation of railroad safety risk reduction programs.
Risk reduction is a comprehensive, system-oriented approach to safety that: (1.) Determines an operation’s level of risk by identifying and analyzing applicable hazards; and (2.) involves the development of plans to mitigate that risk.
Each RRP is statutorily required to be supported by a risk analysis and a Risk Reduction Program Plan (RRPP), which must include a technology implementation plan and a fatigue management plan.
Below is Hynes’ testimony.
“On April 28, 2015 SMART and six other labor organizations submitted written views on the proposed rulemaking. My testimony will further explain the concerns of SMART.
“I acknowledge that the rail unions agreed to the draft of the risk reduction proposal. However, the proposed rulemaking takes excessive liberty with that tentative agreement. The technical drafting by FRA is not acceptable and we submit it varies from what was approved in the Rail Safety Advisory Committee (RSAC) deliberations.
“I want to reiterate the strong opposition to the Baker Botts study relied upon by FRA to restrict discovery. You should be aware that Baker Botts is a political surrogate for the railroads. The report it submitted reflects this bias. Clearly, the study lacks the objectivity that FRA should have required for an issue so controversial. Its conclusion that the information compiled for the risk reduction plan should be secret is not supported by the statutes it reviewed. FRA needs to recognize that each of the statutes mentioned by Baker Botts limits discovery only in a limited way, and discovery is allowed in every safety statute. The exception is for discovery of governmental documents.
“Our members have voiced great concern that FRA’s proposal here would have a significant negative impact on safety. If a safety hazard exists of which a railroad has knowledge, then the public and railroad employees should not be prevented from knowing such information. Congress has mandated that FRA, in carrying out its duties, shall consider the assignment and maintenance of safety as the highest priority. And it must recognize the clear intent of Congress for the furtherance of the highest degree of safety in railroad transportation. Restricting the public’s access to the railroad’s knowledge of a safety hazard does not comply with the statutory mandate.
“It became clear early in the RSAC working group that FRA was planning to provide the railroads complete protection to keep secret its risk reduction plan. Therefore, it was incumbent upon rail labor to insist that any such information contained therein be compiled “solely” for the risk reduction plan. Any information currently discoverable would continue to be. The problem is that the railroads might attempt to insert many items into the plan and state that they were collected solely for the plan. FRA must clearly specify that such maneuvers would violate the regulation. Also, the labor organizations previously submitted a list of documents that had been discoverable in court proceedings. In order to limit future litigation costs, this list should be restated in the final plan. Otherwise, FRA will be creating a legal nightmare, because the railroads would likely argue in court that almost everything sought was compiled solely for the risk reduction plan.
“Another major concern is that the proposed rulemaking limits the involvement of the collective bargaining representatives in compiling the safety hazards and their mitigation. Unless we are given an equal role, as the railroads to develop the plan many safety hazards likely will be overlooked. The current draft does not comply with the “best efforts and good faith” statutory mandate in development of a railroad’s risk reduction plan. We commend FRA in its explanation of the meaning of best efforts and good faith. However, FRA’s statement in the proposed rulemaking that it will simply “consider” the comments submitted regarding the consultation process requirements when developing the final rule is not acceptable. The workers should be on an equal footing with the railroads in developing the plan. If a railroad does not agree with a union that an issue is a safety hazard, the railroad should be required to show good cause for not including it in the mitigation plan. The railroads must be required to demonstrate substantial grounds not to include an identified safety hazard.
“There are several other points regarding the development of the plan which need to be addressed. FRA has not imposed any time limits upon the industry to consult with the workers or to develop the plan. Rather, the employees are given 60 days notice prior to the consultation. If there are no time limits for completing the plan, then the carriers could drag their feet indefinitely.
“Next, it is not clear why FRA in Appendix B suggests that the railroads should wait one year after publication of the rule to hold substantive consultations. Consultations should begin as soon as possible. Safety delayed is safety denied.
“Another time issue is in section 271.103 (a)(2). The railroads are given 36 months to fully implement the risk–based hazard management plan. If the carriers know the safety problems and how to mitigate them, the plan should be implemented no later than six months after FRA’s approval. There may be minor exceptions only with the approval of the employees.
“In conclusion, in the interests of safety, we strongly encourage FRA to amend the proposed rulemaking in accordance with our suggestions.”
WASHINGTON – The Federal Railroad Administration (FRA) today announced that it is soliciting applications for $10 million in competitive grant funding available to states to improve highway-rail grade crossings and track along routes that transport energy products like crude oil and ethanol. The guidelines for the grant applications set by the FRA encourage states to include innovative solutions to improve safety, especially at highway-rail grade crossings. The funding is part of the Railroad Safety grants for the Safe Transportation of Energy Products (STEP) by Rail Program.
“The U.S. Department of Transportation has made increasing safety at highway-rail grade crossings, especially along routes transporting energy products, one of its top priorities,” said U.S. Transportation Secretary Anthony Foxx. “This money allows the Department to support innovative ideas and solutions developed at the local level, and I encourage states to apply for this funding.”
Highway-rail grade crossings collisions are the second-leading cause of all railroad-related fatalities. Last year, 269 individuals died in these collisions. While the number of fatalities has decreased for the last several decades, this number increased last year for the first time this decade.
Highway-rail grade crossing accidents are frequently the result of a driver’s lack of awareness of a crossing or an oncoming train or a driver’s attempt to “beat the train.” Earlier this year, FRA ramped up its campaign to prevent collisions and save lives at highway-rail grade crossings through greater education, stronger enforcement and smarter engineering. To accomplish this, FRA has developed key partnerships, and has:
“Most of these deaths are completely preventable, and that is why the Federal Railroad Administration has redoubled its efforts to reverse last year’s upward trend. These funds will allow states to take innovative ideas and make them a reality to increase safety and decrease fatalities,” said FRA Acting Administrator Sarah Feinberg.
In GROW AMERICA, the U.S. Department of Transportation (DOT) has proposed creating new grant program that would make $250 million available to local communities for highway-rail grade crossings as well as other critical rail infrastructure projects. In addition, the Department has proposed continuing Federal Highway Administration’s $220 million per year dedicated grant program for highway rail grade crossing projects.
Earlier this year, DOT released its comprehensive rule that raises the bar on the safety of transporting crude oil by rail. The rule requires stronger tank cars and 21st century electronically controlled pneumatic (ECP) brakes that activate simultaneously on all tank cars, reduce the distance and time needed for a train to stop, and keep more tank cars on the track if a train does derail. DOT has also required that railroads transporting crude oil notify State Emergency Response Commissions of the movement of crude oil through individual states. During the last two years, DOT has taken more than two dozen actions to increase the safety of transporting energy products by rail.
The Federal Railroad Administration has decided on a preferred route for the proposed high-speed rail that would run from Houston to Dallas and through the eastern counties of the Texas Brazos Valley.
The line approved for the proposed train would get people from Houston to Dallas in 90 minutes. It cuts right through Grimes, Madison and Leon Counties, among others.
FRA is issuing this safety advisory to emphasize the importance of timely repairing ballast defects and conditions on main tracks. FRA notes that ballast defects and ballast conditions that are not repaired in a timely manner can lead to future defects.
FRA believes it is important for track inspectors to be aware that ballast defects and conditions can cause track components to deteriorate rapidly and compromise the stability of the track structure, and that inspectors are trained to identify and repair ballast defects and conditions.
This safety advisory recommends that track owners and railroads: (1) Assess current engineering instructions on ballast safety and update them to provide specific guidance to track inspectors (designated personnel that are qualified to inspect and repair track) on how to identify and initiate remedial action under 49 CFR 213.233(d) for ballast defects and conditions, as well as on the appropriate remedial action to implement, particularly in areas with one or more additional track conditions; (2) train track inspectors on the updated engineering instructions and this safety advisory to ensure they understand how to identify and initiate remedial action for ballast defects and conditions in a timely manner, and understand the importance of such remedial action in preventing the development of unsafe combinations of track conditions; and (3) ensure that supervisors provide adequate oversight of track inspectors to achieve identification and remediation of ballast defects and other track conditions.
MINNESOTA – Lack of action during this year’s legislative session doesn’t mean nothing’s being done regarding rail safety as oil trains keep passing through the state and region.
About 3,000 firefighters and other emergency responders from 80 departments throughout the state have been trained to respond quickly to oil-train-related disasters, and the Minnesota Pollution Control Agency has increased scrutiny of the accident response plans prepared by railroads and emergency personnel.
On the national level, the Federal Railroad Administration permanently extended a requirement for railroads transporting highly explosive oil, such as the crude being shipped from the Bakken region of North Dakota, to disclose the expected movement of their trains. The extension came after prodding from Sen. Al Franken and others.
CINCINNATI — The Federal Railroad Administration will soon take a good, hard look at how Amtrak could better serve the Midwest with interstate passenger rail transit, and local leaders are saying it will take Cincinnati one step closer toward daily rail service to Chicago.
In an announcement sent to Congressional leaders last week, the FRA announced it will spend nearly $3 million dollars on a planning initiative to bolster passenger rail service in the Midwest and Southeast regions.
Ohio, Kentucky, and Indiana will all have a stake in that plan, along with 10 other states.
WASHINGTON, D.C. – The Federal Railroad Administration (FRA) today issued a final rule to prevent unattended trains that carry crude, ethanol, poisonous by inhalation (PIH), toxic by inhalation (TIH), and other highly flammable contents from rolling away. Railroad employees who are responsible for securing a train will now be permanently required to communicate with another qualified individual trained on the railroad’s securement requirements to verify that trains and equipment are properly secured.
“Today’s rule is part of the Department of Transportation’s comprehensive effort to bolster the safety of trains transporting crude oil and other highly flammable contents,” said U.S. Transportation Secretary Anthony Foxx. “Verifying that a train has been properly secured is a common sense solution to prevent accidents.”
The final rule will go into effect 60 days from publication in the Federal Register. Exterior locks on locomotives will also be required by March 1, 2017, and must be utilized when a locomotive has been left unattended.
Today’s rule requirements include:
A qualified and trained railroad employee to properly secure the equipment and verification of the securement with a second trained and qualified employee;
Additional communication, including job briefings among crew members responsible for the train securement;
Properly installed and utilized exterior locks on locomotives;
The setting of sufficient handbrakes;
Removal of the train reverser; and
The proper use of train air brakes.
The rule applies to the following trains left unattended on a mainline, siding, and rail yard:
Trains carrying any poisonous by inhalation (PIH) and toxic by inhalation (TIH) hazardous materials; and
Trains carrying 20 or more cars of other high-hazard flammable materials.
“Where the Federal Railroad Administration can take smart steps to quickly raise the bar on safety, it will, and that is exactly what we are doing today. Requiring that an additional, trained individual double check that the handbrakes have been set on a train will help stop preventable accidents,” said Acting Administrator Sarah Feinberg. “While today’s rule came out of a lesson learned from the Lac-Mégantic derailment, FRA will not hesitate to take additional actions to keep the rail system in the United States safe.”
On July 6, 2013, an unattended 74-car freight train carrying Bakken crude oil rolled downhill and derailed in Lac-Mégantic, Canada. Forty-seven people died and many more were injured. While the Canadian government found that there were nearly 20 causes of the accident, a major cause was that the engineer of the train did not properly secure the train.
Since the Lac-Mégantic derailment, DOT has taken more than 30 actions, including regulations, emergency orders, and safety advisories, to prevent train accidents and improve the safety of high-hazard flammable trains.
Another round of targeted tank car and rail inspections in New York found 62 defects, including one “critical” safety defect that required immediate corrective action, Gov. Andrew Cuomo announced on Wednesday.
The inspections are part of the governor’s efforts to address the safety of crude-by-rail shipments. State and federal teams examined 524 tank cars and about 152 miles of track and 38 switches during the inspections.
Last week, inspection teams from the New York State Department of Transportation (NYSDOT) and Federal Railroad Administration (FRA) inspected tank cars at Canadian Pacific’s Kenwood Yard in Albany, CSX Transportation’s Selkirk Yard in Albany County and Frontier Yard in Buffalo, and the Buffalo & Pittsburgh Railroad’s D&E Yard in Buffalo. They also inspected various CP and CSX mainlines.
“Back on Track: Bringing Rail Safety to the 21st Century,” is a study conducted by the Alliance for Innovation and Infrastructure (Aii) on opportunities that are currently available to enhance rail transportation safety in the United States. 
WASHINGTON – The Federal Railroad Administration (FRA) today announced that it is soliciting applications for $10 million in competitive grant funding available to states to improve highway-rail grade crossings and track along routes that transport energy products like crude oil and ethanol. The guidelines for the grant applications set by the FRA encourage states to include innovative solutions to improve safety, especially at highway-rail grade crossings. The funding is part of the Railroad Safety grants for the Safe Transportation of Energy Products (STEP) by Rail Program. 
The Federal Railroad Administration has decided on a preferred route for the proposed high-speed rail that would run from Houston to Dallas and through the eastern counties of the Texas Brazos Valley.
MINNESOTA – Lack of action during this year’s legislative session doesn’t mean nothing’s being done regarding rail safety as oil trains keep passing through the state and region.