WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) Jan. 24 announced new regulations governing rail inspections that will help identify rail flaws and further eliminate the risk of derailments. The new regulations require performance based inspections, a process designed to minimize rail defects that will generally result in an increase in tests performed over a designated area of track.
“Safety is our highest priority, and this new rule will make rail transportation even safer for everything from passengers and rail employees to crude oil and other freight shipments,” said Secretary Foxx.
The final rule published in today’s Federal Register strengthens existing Federal Track Safety Standards by:
Requiring the use of performance-based rail inspection methods that focus on maintaining low rail failure rates per mile of track and generally results in more frequent testing;
Providing a four-hour period to verify that certain less serious suspected defects exist in a rail section once track owners learn that the rail contains an indication of those defects;
Requiring that rail inspectors are properly qualified to operate rail flaw detection equipment and interpret test results; and
Establishing an annual maximum allowable rate of rail defects and rail failures between inspections for each designated inspection segment of track.
The Federal Track Safety Standards require railroads to regularly inspect track conditions, and to also conduct separate rail inspections with specially equipped hi-rail motor vehicles that operate over rail tracks. This equipment employs ultrasonic technology to identify internal rail defects that could potentially lead to an accident. Data is collected in real-time.
The current rail inspection standards include a maximum number of days and tonnage that can be hauled over a stretch of track between tests. The new regulations establish internal rail flaw defect standards for each railroad while the technology used will continue to drive down the number of known rail defects over time.
“Our goal is to drive continuous safety improvement and further reduce the risk of broken rails and derailments,” said Federal Railroad Administrator Joseph C. Szabo. “While track-caused accidents have declined by 40 percent over the past decade, these new standards will better advance the use of technology and achieve the next generation of safety.”
The final rule implements Section 403(b) of the Rail Safety Improvement Act of 2008 (RSIA). FRA has now completed 30 of the approximately 42 RSIA-mandated final rules, guidance documents, model state laws, studies, and reports. Today’s final rule also builds upon decades of FRA-sponsored research focused on enhancing rail integrity, and addresses recommendations by both the National Transportation Safety Board (NTSB) and U.S. Department of Transportation’s Office of Inspector General.
The fatal derailment of a Metro-North train at the southern tip of the Bronx last month has spurred Capitol Hill lawmakers to boost the federal government’s “woefully underfunded” rail inspection program.
The bipartisan spending deal reached Monday night by Republican and Democratic members of Congress allocated $15 million to allow the Federal Railroad Administration (FRA) to hire at least 45 additional inspectors to scrutinize conditions on commuter and freight rail lines, Sen. Charles Schumer (D-NY) and Sen. Richard Blumenthal (D-Conn.) announced Jan. 14.
Railroad accidents pose significant safety risks to railroads, their employees, passengers, and the public.
FRA oversees safety of the nation’s railroads. In light of three high profile accidents in 2012 involving fatalities or hazardous materials, GAO was asked to review FRA’s oversight processes and the challenges to railroad safety.
This report examines (1) the overall framework that FRA, the states, and the railroads use to ensure rail safety; (2) the extent to which FRA and the railroads assess safety risks and allocate resources to address those risks; and (3) what challenges, if any, exist to FRA’s current safety framework, and what ongoing and emerging issues FRA faces.
GAO analyzed FRA accident and incident data, reviewed the analytical models FRA uses to incorporate risk into its inspection program, and interviewed FRA headquarters and field safety staff, officials from the seven largest freight railroads and 11 smaller railroads, industry associations and seven rail labor organizations.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) Dec. 11 issued an industry-wide Safety Advisory to help ensure railroads adhere to federal regulations regarding maximum authorized train speed limits. The advisory contains four recommendations to ensure railroads comply with speed restrictions through appropriate operating policies, procedures and effective implementation.
“Safety is our highest priority, and the Metro-North crash illustrates how important it is for railroads to follow speed limits,” said U.S. Transportation Secretary Anthony Foxx. “This Safety Advisory, along with the other enforcement measures we’ve taken, will remind all employees of the need to follow speed limits and will help improve safety across all rail lines.”
The Safety Advisory provides guidance on four recommended measures FRA expects railroads to take action on immediately. Among them are:
Review the circumstances of the Dec. 1, 2013, Spuyten Duyvil derailment with their operating employees.
Provide instruction to employees during training classes and safety briefings on the importance of compliance with maximum authorized train speed limits and other speed restrictions.
Evaluate results of operational data regarding speed testing.
Reinforce the importance of communication between train crewmembers located in the controlling locomotive, particularly during safety-critical periods when multiple tasks are occurring and during extended periods of inactivity.
“Although the industry’s overall safety record is good, the Metro-North accident is a stark reminder of the need to remain vigilant in ensuring compliance with operational speed limits,” said Federal Railroad Administrator Joseph C. Szabo. “Over the last decade, train accidents have declined by 43 percent nationally, a result of our rigorous safety regime, but we must always do better as we drive continuous safety improvement.”
Last week, the FRA issued Emergency Order 29 (EO 29) to Metro-North Commuter Railroad (MNCW) directing it to take specific, immediate steps to ensure its train crews do not exceed speed limits. EO 29 requires Metro-North to modify its existing signal system to ensure that operators obey speed limits, and to provide two qualified railroad employees to operate trains where major speed restrictions are in place until its signal system is modified. The FRA also issued a letter calling on Metro-North to launch a safety stand-down with all employees and to fully implement the confidential close-call reporting system, which has helped improve rail safety on other lines. Metro-North has written the FRA to outline its plans to comply with the directives, and the FRA will continue working directly with Metro-North staff as they implement the provisions.
The FRA had already increased its oversight and enforcement of Metro-North’s rail lines following the May 2013 crash, including additional inspections of its lines and audits of Metro-North’s operations and compliance with federal regulations. FRA is also planning to conduct an extensive investigation of the carrier’s safety compliance with all regulated railroad safety disciplines.
To read the complete Safety Advisory 2013-08, click here.
The Federal Railroad Administration Nov. 29 announced a new final rule intended to further help with the evacuation of passengers and crewmembers in the event of a rail emergency.
Among the provisions, the rule requires that vestibule and interior passageway doors on passenger cars be fitted with removable panels and windows to allow passage if the doors do not open, and to provide for manual override in opening doors. It also requires floor or low-level lighting marking exit paths to assist passengers in reaching and operating emergency exists, particularly under conditions of limited visibility.
Further, the FRA is adding standards to ensure that emergency lighting systems are provided in all passenger cars, and strengthening requirements for the survivability of emergency lighting systems in new passenger cars.
The Federal Railroad Administration and the Pipeline and Hazardous Materials Safety Administration have issued a safety advisory to reinforce to railroads the importance of properly classifying Class 3 materials and ensuring the railroads’ safety and security plans address the vulnerabilities cited in FRA’s Aug. 7 Emergency Order No. 28. That order told the railroads to take steps within 30 days to ensure trains moving hazardous materials do not move while unattended and possibly cause a disaster similar to the July 6, 2013, derailment and explosion of a train carrying crude oil in Lac-Mégantic, Quebec, Canada.
Class 3 materials are flammable and combustible liquids. To move a large bulk quantity (792 gallons – 3,000 liters – or more), railroads must develop and adhere to a transportation safety and security plan that covers personnel security, unauthorized access, and en route security.
The new advisory says FRA and PHMSA are working together on audits to make sure the safety and security plans address the vulnerabilities cited in the emergency order, and also that PMHSA is making unannounced inspections and testing to verify material classification and packing group assignments by offerors of crude oil for transport.
The two DOT agencies also issued a joint safety advisory on Aug. 7.
The Lac-Mégantic explosion and fire killed 42 people, with five more presumed dead, and extensively damaged the town. “While the Transportation Safety Board of Canada is still investigating the cause of the Lac-Mégantic accident, the catastrophic consequences of the accident and the known increase over the last several years in the rail transportation of Class 3 hazardous materials has made clear the need to review existing regulations and industry practices related to such transportation,” the new advisory states. “PHMSA and FRA have worked closely to take a number of actions intended to prevent similar incidents from occurring in the United States and the agencies will continue to do so.”
To read the complete Safety Advisory 2013-07 as published in the Federal Register, click here.
The following are Federal Railroad Administrator Joseph Szabo’s opening remarks to those attending the 50th meeting of the Railroad Safety Advisory Committee (RSAC) in Washington on Oct. 31, 2013.
Today marks the end of a stressful month. The government shutdown forced us to put a lot of important work on hold. And since it ended, we’ve had a lot of catching up to do.
So let me thank my FRA staff for catching up so fast so that the RSAC could meet this week as planned.
As I said at the emergency RSAC meeting two months ago, we have a very important job to do.
The accident in Quebec took 47 lives. And at our last meeting, all of us saw the unforgettable images of a town that was decimated.
Given the depths of the devastation, given the tremendous increase in crude oil and ethanol being moved by rail, and given our shared desire to prevent a similar accident from happening in the United States, we owe the public both decisive action and a thorough re-examination of relevant regulations and industry practices.
We must also acknowledge that, since we last met, there was another accident in Canada – this one involving the derailment of four rail cars carrying crude oil.
The crude oil did not originate in the United States – and the damage was much less severe.
But it still serves as a reminder that we must we must do everything we can to prevent similar accidents from occurring in the United States.
This is why we are here.
FRA’s first decisive action after the accident in Quebec was to issue an Emergency Order. This required railroads to take immediate steps within 30 days to prevent trains on mainline tracks or sidings from moving unintentionally.
And to begin our overall re-examination, we issued a Safety Advisory with our sister agency, the Pipeline and Hazardous Materials Safety Administration.
Our Safety Advisory recommended additional ways railroads can further reduce risk in our complex, interconnected rail system – and through those efforts, further strengthen the safe transportation of passengers and freight, including hazardous materials, by rail.
At our Emergency Meeting, we began an honest discussion about these recommendations. The RSAC also agreed to accept task statements related to train securement, to hazardous materials, and to train crew size.
So let me thank you for your hard work on these tasks over the past three months, and especially those who attended the working group meetings the past three days.
There is no going back. Ensuring continuous safety improvement demands that we stay focused, we meet our April deadline, and we finish the job.
To be clear, we are not here because our rail system is unsafe – or because accidents of trains carrying hazardous materials are widespread.
Our rail system is extremely safe.
As I have said repeatedly, 2012 – by virtually all measures – was the safest year in railroading history, with train accidents down a remarkable 43 percent in 10 years.
And among the millions of annual shipments of hazardous materials by rail, less than a fraction of one percent of these has resulted in any type of release.
But this is exactly why we must remain vigilant.
Being satisfied with the progress made to date is simply not the mindset that has led us – or will continue to lead us – to higher levels of safety.
A new milestone achieved in safety is merely an invitation to do better.
The safety statistics of the MM&A before Lac Megantic did little to show an impending accident.
Yet with a thorough risk analysis it becomes clearer where pockets of risk were evident.
It presents a challenge to go beyond the statistics, to do thorough risk analyses, and to add the safety redundancy that takes away single points of failure.
But, this is how we will achieve the next breakthrough in safety, and get better at addressing accidents before they happen.
This is what we are committed to.
This is why we are here.
The safest year in railroading history did not happen by mistake.
Many of you in this room and many of your predecessors helped guide us there.
And it never would have happened without stringent regulations and enforcement; without extensive industry guidelines, practices, and testing; or without a well-trained and committed workforce.
But the RSAC’s job now is to set aside any assumptions. Your charge here is to look at everything with a fresh set of eyes.
For the tasks related to hazardous materials and securement, this means a thorough reconsideration of existing regulations – and industry practices: from guidelines, to training, and efficiency testing.
And the goal is simple.
We must identify how regulations and practices can be improved. And if there are any gaps, we must find common sense ways to close them.
So far, the industry has shown us it is willing to move forward.
On September 30th, I sent letters to the Association of American Railroads, the American Public Transportation Association, and the American Short Line and Regional Railroad Association. And the letter informed them that we were starting a web page to keep the public informed about their progress in implementing recommendations in the safety advisory.
In the letter, I asked the organizations to summarize the steps their members have taken to address our recommendation. And all three organizations – within weeks – responded with descriptions of their recent actions.
We posted our letters and the responses on the web page. And the industry associations will receive letters from us with additional questions very soon.
Our plan is to keep this page updated so we can have a public, transparent conversation.
Another project dovetailing with the work moving forward in the RSAC is what we’re calling Operation Classification.
This is a joint inspection operation we launched with the Pipeline and Hazardous Materials Safety Administration in the Bakken region to verify that crude oil is being properly classified in accordance with federal regulations.
We are making sure that the testing to determine its classification is being done, while also analyzing the effects of corrosion in tank cars.
Collected samples are still being tested. And our goal, ultimately, is to establish best practices for the classification of hazardous materials.
Like us at the FRA, the Pipeline and Hazardous Materials Safety Administration – as Administrator Cynthia Quarterman said at the emergency meeting – is determined to use all means necessary to prevent a tragedy on par with what happened in Canada here in the United States. And they remain a vital partner for the FRA as the RSAC’s efforts move forward.
It is important to understand that our sister agency writes the regulations governing the safe movement of hazardous material by rail. We in turn enforce them.
And it’s with your input that we’ll recommend to them if current hazardous material regulations need to be revised or expanded.
With securement, the task is very similar – except the regulations are FRA’s.
We are relying on you to thoroughly review both the adequacy of the regulations in place – and particularly how well these regulations are understood and followed. And we are relying on you to help us add more clarity to securement practices, and help us better understand what are truly the most effective practices for securing a train.
We are also asking you to take a hard look at the issue of train crew size.
As we have said from the beginning, FRA believes safety is enhanced through the use of multiple-person crews. And while we want this to continue being a robust conversation that recognizes the nuance of railroading, two days ago Bob made our position very clear: The starting point for our discussion is mandating multiple-person crews.
Now, this does not mean we are seeking to impose a single one-size-fits-all approach.
And as I’ve said before, this cannot be viewed as a job security measure.
So, while we believe that multiple-person crews enhance safety and eliminate risk from our vast rail network, we also believe there are instances in which multiple-person crews may not be necessary.
The starting point for our conversation is to identify what these exceptions should be.
We’re relying on you to help us with this and I believe that no other group is more qualified – or more capable – of identifying the proper exceptions than you.
The public is counting on us to make timely progress.
So, let’s have this conversation and meet the April deadline.
And let’s seize this opportunity to build upon the comprehensive safety framework that made last year the safest in railroading history.
Robert C. Lauby has been selected as associate administrator for railroad safety/chief safety officer for the Federal Railroad Administration.
In that position, he will provide regulatory oversight for rail safety in the United States and oversees the development and enforcement of safety regulations and programs related to the rail industry.
Lauby has 35 years of railroad and rail transit experience. He joined the FRA in August 2009 and has been a member of the senior executive service since March 2010.
As the deputy associate administrator for regulatory and legislative operations, he was responsible for safety rule making activities and has served as chairperson of the Railroad Safety Advisory Committee (RSAC).
“Bob Lauby was formerly in charge of rail accident investigations at the National Transportation Safety Board and was very supportive of the UTU’s efforts at the NTSB with our Transportation Safety Team. He was very helpful at our Boston regional meeting this year,” SMART TD National Legislative Director James Stem said.
The FRA also announced that Les Fiorenzo, regional administrator for Region 1, will serve as acting deputy associate administrator for safety compliance and program implementation. In this role, Fiorenzo will be directly responsible for the safety inspection and enforcement program in the FRA’s eight regions.
The Federal Railroad Administration (FRA) awarded a research grant for the city of Brunswick, Maine, the Northern New England Passenger Authority (NNEPRA) and the Maine Department of Transportation, among other partners, to participate in a field research program to develop and test new trespass detection and deterrent technologies.
The research will consist of designing, operating and evaluating a large-scale trespass detection and deterrent system to mitigate trespassing along several high-risk areas along the Pan Am Railway and Amtrak’s Downeaster rail line in the Brunswick area.
District of Columbia State Legislative Director and SMART Transportation Safety Team member Willie Bates has been invited by Federal Railroad Administrator Joseph Szabo to serve on the Stakeholder Review Panel for the agency’s new Clear Signal for Action safety program.
The CSA safety pilot program, funded by the FRA’s Office of Research and Development, seeks to improve railroad safety and railroad safety culture through the use of peer-to-peer coaching and feedback and safety leadership training.
In a letter to Bates, Szabo said “Risk reduction approaches like CSA allow the industry, through collaborative labor and management efforts, to take proactive measures to prevent accidents.”
Responding to Szabo’s letter, Bates said, “I accept the challenge.”
SRP meetings will be managed by the Volpe National Transportation Systems Center, whose mission is to improve the nation’s transportation system by anticipating emerging transportation issues and serving as a center of excellence for informed decision-making.
Besides his new challenge, Bates serves as a member of the Obama administration’s 20-person Transit Rail Advisory Committee for Safety, which drafts federal regulations for 47 separate transit systems that previously set their own safety rules and procedures. Former Transportation Secretary Ray LaHood named him to the committee.
In 2011, the governor of Virginia awarded Bates the Governor’s Transportation Safety Award for rail transportation. In 2009, Amtrak’s highest safety honor — the Charles Luna Memorial Safety Award — was bestowed upon Bates, who has worked injury-free for 25 years as an Amtrak conductor, and never had a safety-rules violation. The award is named for the UTU’s first International president, who later was an Amtrak board member.
A member of the SMART Transportation Division Local 1933 at Washington, D.C., Bates serves as the local’s chairperson, vice president, legislative representative and delegate.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) Jan. 24 announced new regulations governing rail inspections that will help identify rail flaws and further eliminate the risk of derailments. The new regulations require performance based inspections, a process designed to minimize rail defects that will generally result in an increase in tests performed over a designated area of track.
