SMART Union
The Supreme Court said June 23 it will consider whether Amtrak can partner with a government agency to create rules that other private railroads must follow.
The justices agreed to hear the Obama administration’s appeal of a lower court ruling that said Congress unconstitutionally gave regulatory power to the passenger railroad company.
Read the complete story at ABC News.
RICHMOND, Va. – Federal Railroad Administrator Joseph C. Szabo today called on elected officials and transportation planners in Virginia, North Carolina, South Carolina and Georgia to develop a shared vision of rail service along the Southeast High-Speed Rail Corridor (SEHSR) between Washington, D.C., and Atlanta. Administrator Szabo’s challenge came as he addressed members and supporters of Virginians for High-Speed Rail during their 20th anniversary luncheon in Richmond.
“The metropolitan regions of the South and the Southeast in particular, are growing faster than other metropolitan regions across the country,” said U.S. Transportation Secretary Anthony Foxx. “In order to meet the mobility needs of a growing population and to move the products they will need to market, rail must play an enhanced role in the transportation delivery network there.”
Across the country, regions are banding together to forge collective long-term visions for passenger rail. Along the Northeast Corridor (NEC), eight states and the District of Columbia are working on a 40-year plan for rail service between Boston and Washington, D.C. In the Midwest, nine states and 40 cities have already developed the Midwest Regional Rail Initiative, a planning guide for long-term rail investments.
“Good planning is the cornerstone of service delivery and a plan reflecting the collective vision for a region helps the region compete effectively for future rail funds as money becomes available,” said Joseph C. Szabo, Federal Railroad Administrator. “In order for the region to achieve optimum growth, it will be necessary for them to work together more closely and plan for their transportation future.”
Administrator Szabo said regional planning between Virginia, North Carolina, South Carolina and Georgia could effectively yield seamless passenger rail travel all along the East Coast from Boston to Atlanta.
During his address, Administrator Szabo also highlighted the importance of the Grow America Act , the Obama Administration’s four-year $302 billion surface transportation reauthorization bill now before Congress. The bill includes $19 billion for rail, and for the first time, would provide railroads with a predictable, dedicated funding source. The Act will invest $600 million in existing state corridors like the Southeast High Speed Rail Corridor and provide an additional $6.4 billion for rail service improvements along existing, expanding and new passenger corridors over the next four years.
Passenger ridership has been setting record highs in the Southeast. In Virginia, passenger ridership is up 100 percent since 2009 and in North Carolina Amtrak’s Piedmont service between Charlotte and Raleigh continues to set ridership records carrying about 100,000 more people in 2013 than it did in 2009. Since 2007, passenger ridership in Georgia increased by 15 percent and by 14 percent in South Carolina.
Similarly, freight rail traffic in the Southeast has been increasing since 2009 an average of 10 percent annually. Georgia has seen an increase of nearly 13 percent with a more than 883,000 carloads of freight annually.
The Federal Railroad Administration, along with its 32 state partners and the District of Columbia, is laying the foundation for a higher performance rail network. Sixty-five projects worth $4.1 billion in High-Speed Intercity Passenger Rail Program funding are currently completed, under construction, or will soon start construction in 20 states and the District of Columbia. Today, about $736 million in federal funding supports a dozen projects along the Southeast High Speed Rail Corridor.
BILLINGS, Mont. – U.S. transportation officials said Wednesday that details about volatile oil train shipments are not sensitive security information, after railroads have sought to keep the material from the public following a string of fiery accidents.
The U.S. Department of Transportation has ordered railroads to give state officials specifics on oil-train routes and volumes so emergency responders can better prepare for accidents.
Read the complete story at the Brandon Sun.
WASHINGTON — The nation’s top railroad regulator drew withering criticism Tuesday for his agency’s record of safety enforcement against Metro-North Railroad.
The Federal Railroad Administration’s use of its power to fine railroads for safety violations “is a mockery of justice,” said Sen. Richard Blumenthal with some heat in an interview after tangling with FRA Administrator Joseph Szabo during a Senate Commerce, Science and Transportation subcommittee hearing.
Read the complete story at The Connecticut Post.
Amtrak, the Federal Railroad Administration, Norfolk Southern, and the Indiana Department of Transportation (INDOT) have embarked on constructing the $71.4 million Indiana Gateway project, which will upgrade the right-of-way between Porter, Ind., and the Illinois state line shared by Amtrak and NS trains.
The Indiana Gateway project will improve seven locations on NS’s Chicago Line and one on the Amtrak Michigan Line. NS will install universal crossovers at five locations and construct a third main line track at three locations. Amtrak will build a new passing siding near Porter Interlocking, where NS, Amtrak, and two CSX lines intersect.
Read the complete story at Railway Age.
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. Unfortunately, the growth of our economy and population is outpacing our level of investment in the nation’s surface transportation infrastructure, creating a situation that, if left unresolved, could leave us less competitive and failing to meet the needs of the traveling public. As the investment gap for rail has been even more pronounced in recent decades, FRA is focused on strategically maintaining current rail services and infrastructure, expanding and improving the rail network to accommodate growing travel and freight demand, and providing leadership in national and regional system planning and development.
The GROW AMERICA Act supports this mission with predictable, dedicated investments that enhance safety and modernize our rail infrastructure to meet growing market demand, while promoting innovation and ensuring transparency and accountability. The Act will invest $19 billion over four years to improve rail safety and invest in a National High-Performance Rail System, as states and local communities need the certainty of sustained funding to make the transportation investments necessary to improve our infrastructure and support our economic growth. 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.
New Programs
Establishes New Amtrak Grants: Over many years, existing capital and operating programs have focused on maintaining the legacy rail system on an annual basis. The GROW AMERICA Act will establish the Current Passenger Rail Service grant program to provide a longer-term view toward ensuring existing passenger rail assets and services are maintained in good, working condition. The grants will be oriented around Amtrak’s main business lines, including the Northeast Corridor, State Corridors, Long-Distance Routes, and National Assets. (Section 9102)
Establishes Rail Service Improvement Program: Ridership on passenger rail is at an all-time high– last year a record 31.6 million passengers travelled on Amtrak. As the nation’s population is set grow by 100 million people by the year 2050, getting to a destination safely and without delay will become all the more critical. The GROW AMERICA Act will establish the Rail Service Improvement Program, which will provide competitive grants to drive development of high-performing passenger rail networks. This will include funding for the implementation of PTC— technology designed to stop trains to avert collisions— for commuter railroads, support for the mitigation of adverse impacts associated with rail operations in local communities, upgrades for short-line freight operations, and local and regional planning efforts. (Section 9102)
Forges New Partnerships through Regional Rail Development Authorities (RRDA): The nation requires seamless, intermodal transportation networks in order to move people and goods efficiently and effectively—and achieving that goal requires improved transportation-related coordination among federal, state, and local entities. To achieve these goals, the GROW AMERICA Act will authorize DOT to establish RRDAs in consultation with state governors. RRDAs will have the power to GROW AMERICA Act plan for and undertake regional corridor development activities and be an eligible recipient of certain grants. (Section 9201)
Changes to Existing Programs
Enhances the RRIF Program: The RRIF program makes financing available to acquire, improve, rehabilitate intermodal or rail equipment or facilities, refinance outstanding debt, or develop or establish new intermodal or railroad facilities. In an effort to make Railroad Rehabilitation and Improvement Financing (RRIF) more accessible to regional and short line railroads, the GROW AMERICA Act enhances the program by allowing FRA to subsidize some of the costs of these loans to borrowers. (Section 1403)
Revamps Amtrak Business and Capital Planning: In addition to restructuring Amtrak funding around lines of business, the GROW AMERICA Act requires Amtrak to engage in annual five-year operating and capital planning to focus on the long-term needs of its business lines. These plans will be developed with close FRA coordination, and will directly inform annual budget requests. Capital asset plans will describe investment priorities and implementation strategies and identify specific projects to address the backlog of state-of-good-repair needs, recapitalization/ongoing maintenance needs, upgrades to support service enhancements, and business initiatives with a defined return on investment. (Section 9103)
Advances Safety Research: Building on previous successes in safety risk reduction and improved safety culture, the GROW AMERICA Act authorizes additional funding for research and development projects. The funds will also be used to increase the domestic content of new rail vehicles and allow their safety performance to be tested at FRA’s facility. The funds will also expand research programs at universities, which will help address the urgent industry-wide need for qualified railroad professionals. (Section 9105)
Strengthens National, Regional, and State Plans: The GROW AMERICA Act further defines and provides requirements for a National Rail Development Plan and Regional Rail Development Plans. These plans are necessary to provide a long-range blueprint for proceeding with passenger and freight rail investments in a market-based, cost-effective manner. In addition, the Act revises the state rail plan requirements from previous legislation. (Sections 9301, 9302)
Implements Positive Train Control: To fully implement PTC, the backbone of the next generation of rail safety, the GROW AMERICA Act establishes clear milestones for PTC implementation, allows for the discretion to provide extensions beyond the current statutory implementation deadline of December 31, 2015, and assists publicly-funded commuter rail agencies to implement PTC systems, by providing $2.3 billion over four years for commuter railroads to support integration. (Section 9402)
Reforms Hours of Service Rules and Mitigates Noise Emissions: To improve the predictability of work schedules for railroad operating employees and prevent operator fatigue, the GROW AMERICA Act grants FRA full rulemaking authority to replace outdated hours-of-service laws with scientifically- based regulations. (Section 9403) Further, the Act grants FRA the authority to regulate noise emissions, currently a patchwork of incompatible standards, in conjunction with the Environmental Protection Agency. (Section 9407)
To view the FRA’s Grow America briefing, click here.
WASHINGTON – The U.S. Department of Transportation May 7 issued an emergency order requiring all railroads operating trains containing large amounts of Bakken crude oil to notify State Emergency Response Commissions (SERCs) about the operation of these trains through their states.
Additionally, DOT’s Federal Railroad Administration and Pipeline and Hazardous Materials Safety Administration issued a safety advisory strongly urging those shipping or offering Bakken crude oil to use tank car designs with the highest level of integrity available in their fleets. In addition, PHMSA and FRA advise offerors and carriers to the extent possible to avoid the use of older legacy DOT Specification 111 or CTC 111 tank cars for the shipment of Bakken crude oil.
“The safety of our nation’s railroad system, and the people who live along rail corridors is of paramount concern,” said Transportation Secretary Anthony Foxx. “All options are on the table when it comes to improving the safe transportation of crude oil, and today’s actions, the latest in a series that make up an expansive strategy, will ensure that communities are more informed and that companies are using the strongest possible tank cars.”
Effective immediately, the emergency order (Docket Number DOT-OST-2014-0067), requires that each railroad operating trains containing more than 1,000,000 gallons of Bakken crude oil, or approximately 35 tank cars, in a particular state to provide the SERC notification regarding the expected movement of such trains through the counties in that state.
The notification must include estimated volumes of Bakken crude oil being transported, frequencies of anticipated train traffic and the route through which Bakken crude oil will be transported. The Emergency Order also requires the railroads provide contact information for at least one responsible party at the host railroads to the SERCs. The Emergency Order advises railroads to assist the SERCs as necessary to share the information with the appropriate emergency responders in affected communities.
FRA and PHMSA also issued a joint Safety Advisory 2014-01 to the rail industry strongly recommending the use of tank cars with the highest level of integrity in their fleet when transporting Bakken crude oil.
The Department of Transportation continues to pursue a comprehensive, all-of-the-above approach in minimizing risk and ensuring the safe transport of crude oil. FRA and PHMSA have undertaken more than a dozen actions to enhance the safe transport of crude oil over the last ten months. This comprehensive approach includes immediate and long-term steps such as: launching “Operation Classification” in the Bakken region to verify that crude oil is being properly classified; issuing safety advisories, alerts, emergency orders and regulatory updates; conducting special inspections; moving forward with a rulemaking to enhance tank car standards; and reaching agreement with railroad companies on a series of immediate voluntary actions they can take by reducing speeds, increasing inspections, using new brake technology and investing in first responder training.
The Association of American Railroads issued the following statement in response to the emergency order: “Freight railroads have for years worked with emergency responders and personnel to educate and inform them about the hazardous materials moving through their communities. These open and transparent communications will continue as railroads do all they can to comply with the Department of Transportation’s Emergency Order.”
Click here to view the emergency order.
Click here to view the safety advisory.
WASHINGTON – In a new report updating the industry’s progress on installing positive train control, the nation’s freight railroads said that a year-long moratorium on installing 20,000 communication antennas imposed by the Federal Communications Commission, followed by a lengthy federal approval process mandated by the agency, has seriously delayed the implementation of nationwide interoperable PTC. Whereas freight railroads once projected that by 2015 they would have PTC installed on 40 percent of the network mandated by FRA, they now believe thanks to the FCC issues only 20 percent of the PTC network will be up and running by the Congressionally imposed deadline.
“Everyone in the industry is greatly frustrated at the inability to move forward and do what we need to do to advance PTC installation,” said Association of American Railroads President and CEO Edward R. Hamberger. “It’s been two steps forward, three steps back for months and we simply don’t have the certainty we need to move ahead and get PTC tested, fully functioning, certified and ready to go.”
Causing the timing for installation to be delayed significantly, Hamberger said, was an FCC directive to suspend installation of approximately 20,000 communications antennas necessary to for PTC to work until the antennas are assessed through the FCC’s environmental and historical evaluation process. The problem, Hamberger noted, is that how the thousands of antennas are to be reviewed has yet to be determined. The majority of the antennas at issue are between 10- to 60-feet tall, and roughly 97 percent are located on railroad property, he added.
The freight rail industry is expected to install PTC on approximately 60,000 miles of mainline track and has spent approximately $4 billion to date implementing the automatic braking system Congress called for as part of the 2008 Rail Safety Improvement Act.
AAR’s report to FRA summarizing the freight railroad industry’s progress, available here, includes an in-depth look at issues, such as delays in availability of critical back-office-server software, complexities of mapping an ever-changing nationwide rail network, and taking a phased approach to testing and implementing PTC on each railroad’s PTC network.
Hamberger noted that despite the challenges, railroads so far have been able to make progress in some areas of PTC implementation, including:
WASHINGTON – More than a dozen U.S. senators, including North Dakota Sens. Heidi Heitkamp and John Hoeven, are pushing to put more federal railroad inspectors in the field.
Boosting inspector numbers – which haven’t grown in the Bakken region even as oil production and crude-by-rail traffic has boomed – has become a top priority for federal officials and lawmakers after a year marked by several high profile crude oil accidents on railroads.
Read the complete story at The Jamestown Sun.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration April 9 announced its intention to issue a proposed rule requiring two-person train crews on crude oil trains and establishing minimum crew size standards for most main line freight and passenger rail operations. The FRA also intends to advance a rulemaking on train securement and recommends a rulemaking on the movement of hazardous materials.
“Safety is our highest priority, and we are committed to taking the necessary steps to assure the safety of those who work for railroads and shippers, and the residents and communities along shipping routes,” said U.S. Transportation Secretary Anthony Foxx. “The proposed rulemaking on crew size is the latest effort in our comprehensive strategy to ensure crude oil is transported as safely as possible.”
The announcement follows the deliberations of three Railroad Safety Advisory Committee (RSAC) Working Groups on Appropriate Train Crew Size, Securement and Hazardous Materials Issues. All three working groups were created at DOT’s request last summer in response to the Lac-Mégantic derailment. The emergency meeting was held to evaluate and consider wide-ranging proposals to further enhance railroad safety including the safe shipment of crude oil by rail. Two of the working groups produced recommendations that were adopted by the full RSAC for consideration in future rulemakings. In light of the working group’s failure to reach consensus on crew size, the FRA took action today to move forward with a rule-making.
“We believe that safety is enhanced with the use of a multiple person crew – safety dictates that you never allow a single point of failure,” FRA Administrator Joseph C. Szabo said. “Ensuring that trains are adequately staffed for the type of service operated is critically important to ensure safety redundancy. We commend the RSAC’s efforts and will use the valuable input received to formulate a proposed rule that protects the public and recognizes the nuance of railroad operations.”
“The FRA’s RSAC process confirmed that rail operational safety is enhanced with the use of a multiple-person crew,” said SMART Transportation Division President John Previsich. “Both the conductor and locomotive engineer are certified and licensed under federal regulations and work cooperatively as a team. During this working group process, the committee also confirmed that there are many required tasks that are performed by our train crews each day in normal operations that a single crew member cannot perform by themselves.
“It takes two skilled and qualified employees to perform a normal brake test, to separate a train at a highway-rail crossing, to receive and acknowledge mandatory directives while moving, to make routine pick up and set out of cars from the train, and also to act as a first responder for indicated defects in equipment, derailments, unexpected application of brakes, and highway-rail crossing collisions.”
While existing FRA regulations do not mandate minimum crew staffing requirements, current industry practice is to have two-person crews for over-the-road operations. The notice of proposed rulemaking (NPRM) will most likely require a minimum of two-person crews for most mainline train operations, including those trains carrying crude oil. It is also expected to include appropriate exceptions.
“Safety is good business in the rail industry. We are very disappointed that the Association of American Railroads and some short line railroads continue to keep their head in the sand when confronted with critical safety concerns. AAR continues to ignore the preventable accident that occurred less than 20 miles north of our border,” Previsich added.
FRA plans to issue an additional NPRM based on the consensus recommendations of the Securement Working Group and approved by the full RSAC that would prohibit certain unattended freight trains or standing freight cars on main track or sidings and require railroads to adopt and implement procedures to verify securement of trains and unattended equipment for emergency responders. It would also require locomotive cabs to be locked and reversers to be removed and secured. Railroads would also be required to obtain advance approval from FRA for locations or circumstances where unattended cars or equipment may be left.
The full RSAC also approved four recommendations of the Hazardous Materials Issues Working Group relating to identification, classification, operational control and handling of certain shipments. The four recommendations, directed to the Pipeline and Hazardous Materials Safety Administration (PHMSA), include amending or revising the definitions of “residue” and “key train,” and clarifying its regulatory jurisdiction over the loading, unloading and storage of hazmat before and during transportation. PHMSA continues to advance a rulemaking addressing the integrity of DOT Specification 111 tanker cars and the safe shipment by rail of flammable materials such as crude oil.
On Aug. 29, 2013, the first-ever emergency session of the RSAC was held in response to the July 6, 2013, derailment of an unattended Montreal, Maine & Atlantic Railway freight train containing crude oil in Lac-Mégantic, Quebec, Canada. Building upon Foxx’s February agreement with the rail and petroleum industries, the FRA’s Emergency Order 28 and Safety Advisory 2013-06, PHMSA’s Operation Safe Delivery, Safety Alerts and a DOT Emergency Order, the three RSAC working groups reviewed existing regulations and standards to identify and mitigate the risks posed by such shipments and prevent future accidents.
“The unfortunate tragedy in Lac-Mégantic highlighted the need for sanity in intercity rail operations,” said SMART Transportation Division National Legislative Director James Stem. “Operating a long freight train through the communities that our industry serves with only one person on a crew is not only unsafe, but is also unsustainable.
“The safety improvements in our industry are directly linked to the training and certification of the two professionals on the locomotives and the other professional employees and their managers that are operating, repairing and maintaining our rail network throughout the United States. Our rail industry today is enjoying record profits, record productivity, and every stock broker is recommending a ‘buy’ on all railroad stocks. There is no argument that the current regulatory scheme in place today is a critical component of that productivity, and thus the high level of profitability.”