In response to a petition of reconsideration filed by the American Short Line and Regional Railroad Association (ASLRRA) of the final rule that requires training, qualification and oversight for safety-related railroad employees, the Federal Railroad Administration (FRA) has issued a Notice of Proposed Rulemaking (NPRM) to delay the implementation of the rule for an additional year.
On Nov. 7, 2014, the FRA published a final rule that established minimum training standards for each category and subcategory of safety-related railroad employees and required railroad carriers to submit training programs to the FRA for approval. Railroads are required to submit their training programs to the FRA by May 1, 2018. Implementation of the programs is currently required by May 1, 2020. The NPRM proposes moving the May 1, 2018, date to May 1, 2019 and the May 1, 2020 implementation date to May 1, 2021. ASLRRA holds that they are still developing their training programs and won’t be ready for submission to the FRA before fall 2018.
The NPRM has been published in the Federal Register and is open for comments until Jan. 19.
Click here to read the NPRM.
Click here to submit comments to the FRA on the NPRM.
Tag: FRA
In comments to the Federal Railroad Administration (FRA), SMART TD’s National Legislative Director John Risch wrote in support of allowing train crews to sound train horns at their discretion when traveling through rural America.
The comments were written in response to the Strasburg Railroad Company’s (SRC) request that their train crews be allowed to sound horns at their discretion due to livestock often grazing on farmsteads bordering tracks in Amish country.
“SRC’s request is not only reasonable, this is the way train crew members have conducted themselves for the past 140 years prior to the enactment of mandatory whistle rules,” Risch wrote. “This isn’t just an issue for Amish country – it’s an issue for all of rural America where farmers oftentimes herd livestock near a crossing and where people ride horses near the railroad track. Our nation’s operating crews should all be allowed the discretion in sounding or not sounding a locomotive horn when these situations arise.”
Risch went further in his letter to not only support SRC’s request but to also request that the FRA extend the waiver request to all railroads with the caveat that carriers be prohibited from disciplining crews from using their discretion.
Click here to read the full letter.
The Federal Railroad Administration (FRA) has now made their Hours of Service (HOS) App available for download in the iPhone app store. Those wishing to download the app, should search for “FRA HOS Manual.”
The HOS app was developed to provide users with clarification on HOS requirements found at 49 CFR Part 228, Hours of Service Recordkeeping, and FRA hours of service interpretations and policies.
This tool allows users to navigate through FRA guidance that exists addressing the complexity hours of service requirements, along with the diversity of railroad operations, it assists to provide comprehensive guidance and consolidates this information into one manual to ensure standardized application and compliance. Users can select from multiple railroad user groups: freight, passenger, dispatching or signal employees.
Brother Steven Barber of Local 1346 in Nashville, Tenn., lost his arm during last week’s solar eclipse while working as a foreman. Management was unavailable during the incident at Radnor yard because they were watching the eclipse, delaying emergency treatment to Barber.
The FRA is investigating the incident. No word has been given on the condition of Brother Barber. SMART TD extends their deepest sympathies to Brother Barber and wishes him a speedy recovery.
Click here to read more from Antioch Patch.
On July 10, the House Appropriations Committee released the fiscal year 2018 Transportation, Housing and Urban Development funding bill, which includes funding for the Department of Transportation (DOT), the Department of Housing and Urban Development and other related agencies.
Although the bill will fund many important transportation projects and agencies, including Amtrak, at the same time it eliminates funding for DOT’s TIGER grant program and prohibits any funding for the ongoing California high-speed rail project.
Tiger grant defunded
In effect since 2009, the Transportation Investment Generating Economic Recovery (TIGER) grant program provides funding to improve safety and economic opportunity. It has supported innovative projects including multi-modal and multi-jurisdictional projects and has improved access to reliable, safe and affordable transportation for communities.
Since the program’s inception, the TIGER grant program has provided a combined $5.1 billion to 421 projects in all 50 states and U.S. territories. Demand is high in the TIGER grant program and 2016 saw requests that far exceeded the available funds allotted to the program.
If the House Appropriations bill passes as is, this valuable and much sought after program will be eliminated.
SMART TD reaction to bill
“These levels of funding for Amtrak are significant compared to the White House’s disastrous plan to eliminate long distance trains,” said John Risch, SMART TD national legislative director. “There is still a long ways to go in the process. We will continue to work with the entire House and Senate to strike the awful language regarding California high speed rail and try to get increased funding for both transit and passenger rail.
“In North Dakota, there is a nasty big-truck provision in the bill that would increase allowable truck weights to 129,000 lbs. – that needs to be removed,” Risch continued. “North Dakota’s roads and bridges are already being pounded by oil industry trucks and this terrible idea makes it final that passage road conditions will get far worse.”
Transportation Funding Highlights
Department of Transportation (DOT) – The bill includes $17.8 billion in discretionary appropriations for the Department of Transportation for fiscal year 2018. This is $646 million below the fiscal year 2017 enacted level and $1.5 billion above the President’s request. In total budgetary resources, including offsetting collections, the bill provides $76.7 billion to improve and maintain our nation’s transportation infrastructure.
The bill targets funding to programs and projects that will increase efficiency, safety, reliability and quality of life for the traveling public, and that will help improve commerce and economic growth.
- Air – Included in the legislation is $16.6 billion in total budgetary resources for the Federal Aviation Administration (FAA) – $153 million above the fiscal year 2017 enacted level and $435 million above the request. This will provide full funding for all air traffic control personnel, including 14,500 air traffic controllers, 7,400 safety inspectors and operational support personnel. The bill also builds on several years of increased funding by providing over $1 billion for the FAA’s Next Generation Air Transportation Systems (NextGen), and funds Contract Towers at $162 million. These investments will help ease future congestion and help reduce delays for travelers in U.S. airspace. In addition, the bill does not include new passenger facility and general aviation fees.
- Highways – The bill allows $45 billion from the Highway Trust Fund to be spent on the Federal-aid Highways Program, which is $968 million above the fiscal year 2017 level. This funding mirrors the authorized levels and will provide much needed growth and improvements within America’s highway system.
- Rail – The Federal Railroad Administration (FRA) is funded at $2.2 billion, $360 million over the fiscal year 2017 enacted level and $1.1 billion above the request. The bill provides a total of $1.4 billion for Amtrak, of which $328 million is for the Northeast Corridor grants, and $1.1 billion is to support the national network. The bill also continues to require overtime limits for Amtrak employees to reduce unnecessary costs. Rail safety and research programs are funded at $258.3 million, equal to the fiscal year 2017 enacted level. This will fund inspectors and training, plus maintenance and safety investments to the physical rail infrastructure, to help ensure the safety of passengers and local communities. The bill also provides funding for two authorized grant programs. It funds the Federal-State Partnership for State of Good Repair grants at $500 million, which will address some of the $38 billion backlog on the Northeast Corridor – needs that must be addressed simply to sustain current rail services. In addition, the Consolidated Rail Infrastructure and Safety Improvements Grants are funded at $25 million, a reduction of $43 million from the fiscal year 2017 enacted level. Eligible activities include capital and safety improvements, planning, environmental work and research. The bill prohibits funding for high speed rail in California, the California High Speed Rail Authority, and for FRA to administer a grant agreement with the Authority that contains a tapered match. The bill prohibits the Surface Transportation Board from taking action regarding the construction of high-speed rail in California unless the Board has jurisdiction over the entire project.
- Transit – The bill provides $11.75 billion in total budgetary resources for the Federal Transit Administration (FTA) – $662 million below the fiscal year 2017 enacted level and $526 million above the request. Transit formula grants total $9.7 billion – consistent with the authorization level – to help local communities build, maintain and ensure the safety of their mass transit systems. Within this amount, $1.75 billion is included for Capital Investment Grants, and $1 billion for “Full Funding Grant Agreement” (FFGA) transit projects. Core capacity projects receive $145 million in the bill, $182 million is included to fund all state and local “Small Starts” projects, and $400 million is included for new projects that provide both public transportation and inner-city passenger rail service. These programs provide competitive grant funding for major transit capital investments – including rapid rail, light rail, bus rapid transit and commuter rail – that are planned and operated by local communities. Bill language limits the federal match for New Starts projects to 50 percent.
- Maritime – The legislation includes $490.6 million for the Maritime Administration, $31.9 million below the fiscal year 2017 enacted level. This funding level will continue to increase the productivity, efficiency and safety of the nation’s ports and intermodal water and land transportation. The Maritime Security Program is funded at the full authorized level of $300 million.
- Safety – The legislation contains funding for the various transportation safety programs and agencies within the Department of Transportation. This includes $927 million in total budgetary resources for the National Highway Traffic Safety Administration (NHTSA) – an increase of $15 million over the fiscal year 2017 enacted level – and $758 million is included for the Federal Motor Carrier Safety Administration (FMCSA), $113.6 million above the fiscal year 2017 enacted level. Also included is $268 million for the Pipeline and Hazardous Materials Safety Administration (PHMSA), an increase of $3.7 million over the fiscal year 2017 enacted level.
- Grants – The legislation eliminates National Infrastructure Investment grants (also known as TIGER grants), which were funded at $500 million in fiscal year 2017.
Click here to read the full press release from the House Appropriations Committee.
On June 30, SMART TD’s legislative office submitted comments to the Federal Railroad Administration (FRA) Information Collection Request regarding two FRA research studies on locomotive technology and automation.
SMART TD urged the FRA to consider the critical factors of fatigue, distraction and disengagement in the studies, with fatigue being a primary concern, and also, to consider whether or not these factors can be accurately assessed in a locomotive simulation setting.
Click here to read the entire comments submitted by the SMART TD Legislative Office to the FRA.
Below are excerpts of official comments from SMART TD National Legislative Director John Risch, to the FRA:
“We recommend that these studies be designed to simulate the operation of a locomotive in a way, to the extent possible, that reflects the real life working conditions of locomotive operators. A failure to do so will result in the collection of information that will inaccurately reflect the success and failures of autonomous technology.
“First and foremost, the FRA must consider the effects of fatigue: the number one safety issue in the freight rail industry.”
A collective of rail unions and Michigan citizens lobbied the FRA to deny a CSX request that would discontinue use of vital safety signals along a busy freight rail line in Michigan – and won.
SMART Transportation Division, Brotherhood of Locomotive Engineers and Trainmen, Brotherhood of Maintenance Way Employees and the Brotherhood of Railroad Signalmen successfully rallied the FRA to block CSX’s bid to discontinue the traffic control system (TCS) along the Michigan rail line that connects Grand Rapids, Lansing and Detroit.
Click here to read FRA’s letter of denial to CSX.
SMART TD and BLET submitted joint comments to the Transportation Security Administration (TSA), Thursday, March 16, on their proposal to require security training for employees of higher-risk freight railroad carriers, transportation agencies, passenger railroad carriers and over-the-road bus companies.
TSA’s proposed rule will require companies to train employees performing security-sensitive functions on how to observe, assess and respond to terrorist-related threats or incidents.
SMART TD and BLET said in their comments:
“We support stronger security training requirements for surface transportation employees who serve a critical role in the movement of passengers and commercial goods nationwide. Train operators in particular are responsible for the movement of hazardous materials, which can be a high-risk target for terrorist attacks.
“In 2014, the Federal Railroad Administration (FRA) published a final rule which established minimum training standards for all safety-related railroad employees, as required by the Rail Safety Improvement Act of 2008. We urge TSA to engage with the FRA to implement improvements to those training standards and make sure that both sets of standards don’t conflict with one another.”
Click here to read TSA’s proposed rule.
Click here to read SMART TD and BLET’s joint comments in their entirety.
Click here to read all comments submitted to the TSA on this proposed rule.
The Federal Railroad Administration (FRA) has determined that the minimal annual random drug and alcohol testing rate will remain the same for 2017, as positive test rates have remained below the set threshold.
The testing rates will continue to be 25 percent of covered service employees for drug testing and 10 percent of covered service employees for alcohol testing.
As per a recent final rule, maintenance-of-way (MOW) employees will become subject to the FRA random drug and alcohol testing beginning June 12, 2017. Since the FRA does not yet have data on MOW employees, testing rates for MOW will be set at 50 percent for random drug testing and 25 percent for random alcohol testing for the period starting June 12, 2017, through Dec. 31, 2017.
Click here to read the official notice from the FRA as published in the Federal Register.
Jan. 3 – SMART Transportation Division submitted comments protesting in-cab distractions to the Federal Railroad Administration (FRA). The FRA recently issued a public notice in docket FRA 2016-0002-N-22, allowing for comments to be made on in-cab distractions.
“We have been concerned about the increase of in-cab distractions for some time and have submitted letters and comments to the FRA with our concerns. Two examples are Trip Optimizer and Leader, which are computer-generated devices located in locomotive cabs that are allegedly being used to save fuel,” SMART TD’s National Legislative Director John Risch said in the comments.
“In addition, PTC implementation is causing greater cab distractions than we had hoped it would. Instead of the PTC system simply stopping trains when necessary, they are constantly messaging the engineer to take some minor corrective action and requiring the engineer to interact immediately, which takes the crews’ focus off the track ahead and on the cab electronic device.”
Click here to read the full comments made by SMART TD to the FRA.