The U.S. Senate yesterday passed a short-term surface transportation funding extension that includes a long-term extension of the positive train control (PTC) implementation deadline. The Senate’s action followed the House’s approval of the bill on Tuesday, and President Obama is expected to sign it.
The legislation reauthorizes funding of transportation programs through Nov. 20, and pushes back the Dec. 31 deadline for railroads to install PTC safety technology to Dec. 31, 2018, and as late as 2020 under certain circumstances.
The deadline extension will ward off a nationwide shutdown of railroad services, which industry leaders said would occur after Jan. 1, 2016, if the deadline wasn’t postponed. Most railroads would have missed the Dec. 31 deadline, and many indicated they wouldn’t operate in violation of federal law.
Read more from Progressive Railroading about PTC extension and Sarah Feinberg’s confirmation as administrator to the FRA.
WASHINGTON — The Federal Railroad Administration (FRA) sent its Status of Positive Train Control Implementation report to Congress. The report is mandated by the House of Representatives Appropriations Committee and shows that after seven years and significant assistance from FRA, most railroads will miss the Dec. 31, 2015 positive train control (PTC) implementation deadline that Congress established in 2008.
“Positive Train Control is the most significant advancement in rail safety technology in more than a century. Simply put: it prevents accidents and saves lives, which is exactly what we seek to do at The Department of Transportation every single day. We will continue to do everything in our power to help railroads install this technology,” U.S. Transportation Secretary Anthony Foxx said.
The National Transportation Safety Board (NTSB) began calling for train control systems like PTC in 1969, and FRA was involved in establishing PTC standards with stakeholders for more than a decade before the 2008 mandate. Three years before Congress passed the PTC mandate, FRA issued its final rule that established uniform PTC standards for railroads willing to voluntarily install the technology.
PTC prevents train-to-train collisions, over-speed derailments, incursions into established work zone limits and a train going to the wrong track because a switch was left in the wrong position.
In 2008, Congress passed the Rail Safety Improvement Act (RSIA), requiring all Class I railroads transporting poisonous-by-inhalation hazardous (PIH) or toxic-by-inhalation hazardous (TIH) materials and all railroads providing passenger service to implement Positive Train Control by Dec. 31, 2015.
FRA has provided significant assistance and support to railroads in order to help them become PTC compliant. Those efforts include:
Providing more than $650 million to passenger railroads, including nearly $400 million in Recovery Act funding.
Issuing a nearly $1 billion loan to the Metropolitan Transportation Authority to implement PTC on the Long Island Rail Road and Metro-North.
Building a PTC testbed in Pueblo, Colorado.
Working directly with the Federal Communications Commission (FCC) and the Advisory Council on Historic Preservation to resolve issues related to spectrum use and improve the approval process for PTC communication towers.
Dedicating staff to continue work on PTC implementation in March 2010, including establishing a PTC task force.
“The Federal Railroad Administration will continue to use its resources and expertise to help railroads achieve the critical goal to have Positive Train Control implemented,” FRA Acting Administrator Sarah Feinberg said.
Washington, D.C. — The U.S. Senate on Thursday voted to delay a year-end deadline for railroads to install automatic speed control equipment that would have averted a fatal Amtrak crash several months ago.
The Senate passed $350 billion legislation to renew federal highway and rail programs for six years, 65-34, but the measure gives railroads another three years to install positive train control. The absence of such equipment along the Northeast Corridor was blamed for the May 13 fatal derailment of a speeding Amtrak train in Philadelphia.
Two months after a deadly Amtrak crash outside of Philadelphia thrust the issue back into the spotlight, frustrated legislators in the Northeast are seemingly no closer to getting the rail-safety upgrades they want.
The transportation measure sitting on the floor of the Senate would seem the best vehicle for them, even as it faces an uncertain future given the plan for both chambers to move a three-month highway-bill extension and revisit the issue in the fall—meaning more delays for what supporters say is an essential pot of money for rail safety.
Northeastern Democrats were disappointed by a lack of funding for safety upgrades in the bill that appeared on the Senate floor and have threatened their support for the final product unless more substantial changes are made. Even a late addition of more funding for a safety system known as Positive Train Control doesn’t seem to have met their demands.
Washington, D.C. — Two months after the high-speed derailment of an Amtrak train killed eight people and injured hundreds more in Philadelphia, a Senate transportation bill headed for debate this week calls for a three-year delay of the deadline for installing a rail safety system that experts say would have almost certainly prevented the Pennsylvania accident.
Lawmakers from the Northeast and train safety experts expressed outrage over the provision, which is included in the 1,000-page legislation to finance highway and transit projects for the next three years. Several lawmakers vowed to fight the extension of the deadline to install the safety system, called positive train control, beyond December 2015.
Washington, D.C. — A transportation bill introduced by a Senate committee chairman would allow car rental companies to rent recalled vehicles that haven’t been repaired and eliminate any hard deadline for railroads to start using long-sought technology that automatically stops trains to prevent crashes, safety advocates say.
The bill was introduced Thursday by Sen. John Thune, R – S.D., the chairman of the Commerce, Science and Transportation Committee.
The bill includes provisions that would give freight and commuter railroads and Amtrak more time to install positive train control. The technology relies on GPS, wireless radio and computers to monitor train position and automatically stop trains that are in danger of derailing because they’re traveling too fast, are about to collide with another train or are about to enter an area where crews are working on tracks.
WASHINGTON, D.C. – The U.S. Senate Committee on Commerce, Science, and Transportation June 25, on a voice vote, approved the bipartisan “Railroad Reform, Enhancement, and Efficiency Act,” sponsored by Sens. Roger Wicker (R-Miss.) and Cory Booker (D-N.J.), with seven amendments. The measure improves rail safety, reauthorizes Amtrak services and improves existing passenger rail infrastructure. It also leverages private sector investment, empowers states and cuts red tape to make critical infrastructure dollars go further.
“Senator Wicker and Sen. Booker worked hard to build a bipartisan consensus on the way forward for safer and more reliable passenger rail service following the tragic derailment of Amtrak 188,” said Commerce Committee chairman Sen. John Thune (R-S.D.). “First and foremost, this legislation enhances safe travel by helping implement Positive Train Control technology, grade crossing improvements, requiring inward facing cameras to monitor crews on passenger trains and other safety measures. The committee’s vote puts passenger rail service on a more sustainable course by focusing resources on the most critical infrastructure improvements, streamlining burdensome processes to accelerate project delivery and demanding more accountability in Amtrak’s accounting structure and investment decisions.”
The legislation authorizes Amtrak for the next four years at an average $1.65 billion a year. Additionally, $570 million in grant funding is authorized every year, highlighted by a grant program that consolidates previous separate, siloed authorizations into a streamlined, competitive program. These competitive grants would go toward programs related to capital improvements, alleviating rail congestion, improving grade crossings, implementing Positive Train Control and other safety and infrastructure projects.
Highlights of S. 1626, as amended and approved by the committee:
Enhancing Safety
Positive Train Control – Advances deployment of Positive Train Control technology by authorizing grants and prioritizing loan applications to support its implementation.
Inward Facing Cameras – Building on voluntary efforts by Amtrak, the bill requires all passenger railroads to install inward-facing cameras to more effectively monitor train crews and to improve accident investigations.
Grade crossings – Requires grade crossing action plans to facilitate and improve state grade crossing safety efforts through engineering, education and enforcement.
Speed limit enforcement – Requires speed limit action plans to require all passenger railroads to evaluate high-risk track segments and address automatic train control modifications, crew communication and other speed enforcement issues. This measure is complemented by other requirements for signage and alerters.
Close call reporting – Encourages the use of confidential close call reporting system programs to identify hazards before they lead to accidents.
Focusing resources on safety – Consolidates existing grant programs to focus resources on the most critical safety and infrastructure improvements.
Indexing the liability cap to inflation – Adjusts passenger rail liability cap for inflation from its 1997 level, from $200 to $295 million, adjusts it every 10 years for inflation, and applies the revised cap to the Amtrak accident on May 12, 2015.
A Sustainable Course for Passenger Rail
Leveraging competition – Requires the Department of Transportation (DOT) to solicit and facilitate competition from carriers other than Amtrak to improve service and reduce subsidy costs.
TRAIN Act – Includes provisions offered Sen. Roy Blunt (R-Mo.) in the TRAIN Act (S. 769) to streamline the permitting process for rail improvements to cut red tape on critical infrastructure projects.
Reliable business metrics – Requires Amtrak to develop methodologies for determining what routes and services it should provide.
Fiscally sustainable routes – Establishes a working group for the restoration of passenger rail service east of New Orleans and creates a competitive grant program for fiscally-sustainable routes, potentially including the restoration of service abandoned after Hurricane Katrina.
Improving the Northeast Corridor
Separating Amtrak’s business accounts – Reforms Amtrak by requiring the separation of business line accounts, facilitating greater re-investment in Amtrak infrastructure, including the Northeast Corridor.
Greater role for states – Gives states greater say in infrastructure planning and improvements on the Northeast Corridor and with state-supported routes.
Private sector investment opportunities – Includes provisions from Sen. Booker’s Railroad Infrastructure Financing Improvement Act (S. 797) to make the Railroad Rehabilitation & Improvement Financing program faster and more flexible. With changes from Sen. Mark Kirk (R-Ill), the bill would better leverage private sector investment, including through public-private partnerships, while simultaneously protecting taxpayer interests. The reforms have the potential to accelerate major projects such as new Hudson River tunnels or improving rail service and stations in and around Chicago and other areas served by rail. In addition, S. 1626 solicits private sector proposals to enhance economic development of rail stations and increase commercial opportunities for railroad right-of-way.
Sharing the rails with freight
Crude-by-rail – Strengthens crude-by-rail safety standards by requiring thermal blankets under tank car jackets to reduce the risk of rupture in a collision or derailment, closing a potential loophole in DOT regulations. The reforms also improve emergency response by requiring real-time information on the locations and contents of trains carrying hazardous materials.
Study and Testing of ECP Brake Technology – While installation of new electronically-controlled pneumatic (ECP) brakes moves forward, the bill requires real-world testing by the National Academies and a Government Accountability Office (GAO) study on pilot program testing. The provision requires DOT to consider the results of this testing and study.
Click here for text of the bill as introduced by Sens. Booker and Wicker.
Click below for amendments adopted by the committee:
(The following is a joint statement by Dennis R. Pierce, National President of the Brotherhood of Locomotive Engineers and Trainmen, and John Previsich, President, SMART Transportation Division, regarding questions that have arisen since the fatal Amtrak derailment in Philadelphia on May 12, 2015.)
Previsich
CLEVELAND, May 19 — Members of BLET’s Safety Task Force and SMART Transportation Division’s National Safety Team, in addition to representatives from the Brotherhood of Maintenance of Way Employees Division of the Teamsters Rail Conference (BMWED), are working with the National Transportation Safety Board (NTSB) to assist in the investigation of the catastrophic May 12 derailment of Amtrak Train 188.
Significant progress has been made in understanding how the accident occurred on May 12. That portion of the investigation is not yet complete, however, and even more work needs to be done to determine why the events of that tragic night transpired the way they did.
BLET and SMART TD do not make official comments about any ongoing NTSB investigation. Due to the number of press inquiries concerning issues not under investigation, however, we are providing the following information on why Amtrak trains on the Northeast Corridor are manned by a lone engineer in the control cab and why Positive Train Control (PTC) has not been installed on the Corridor. The answers to both questions begin with the United States Congress.
Pierce
Why a One-Person Train Crew? In 1981, Congress passed legislation (the Northeast Rail Service Act of 1981) that ended the previous Conrail requirement that there be a second crew member in the control cab of commuter rail trains on the Northeast Corridor. Armed with that legislative precedent — and mindful of where its funding originates — Amtrak has since 1983 refused to crew Northeast Corridor trains with more than one employee in the cab – the locomotive engineer. Although BLET and SMART TD have steadfastly maintained that there should be two crew members in the cab of all trains to ensure public safety, only Congress can change the 1981 legislation that reduced crew size on the Northeast Corridor. But this is only one piece of a very large, complex puzzle.
Why No Positive Train Control? On the heels of another catastrophic railroad accident in Chatsworth, Calif., the federal government mandated in 2008 that Positive Train Control (PTC) be put in effect by the end of this year. That was seven years ago. Even with that mandate in place, and with the exception of some railroads such as BNSF Railway, the industry at large has spent the interim finding reasons to avoid implementing PTC technology. They have created the situation about which they all now complain — they say they cannot meet the December 31, 2015 deadline. Each death caused by the delay of PTC implementation is one too many, yet Congress is preparing to consider a blanket 5-year extension to 2020. This is most certainly not in the public interest.
Since 2005, the NTSB has completed 16 investigations of railroad accidents that could have been prevented or mitigated with PTC. These 16 accidents claimed 52 lives — many being BLET and SMART TD members — and injured 942 people, with damages totaling hundreds of millions of dollars. NTSB has publicly stated that the accident on May 12, 2015 was also PTC preventable. There is no disagreement over the value of PTC technology.
That said, there is no technology available today that can ever safely replace a second crew member in the cab of the locomotive. The only thing on a locomotive that is not a machine is the crew. The uncontrolled external environment in which trains are operated along with regulatory and operational demands of a safe transportation service demand a crew of at least two fully trained and qualified employees in the control cab of every train. PTC is only a safety overlay that ensures a safer operation, and no technology can replace the level of safety provided when two crew members are on board and can serve as a check and balance to one another.
Even with all the safety-related technology that the government has mandated on commercial airlines, the public would never accept an airline operation with a single person in the cockpit. There is no reason that rail employees and rail passengers’ lives should be viewed any differently.
Contrary to what some in government may say, the only place that crew size and PTC do connect is when it comes to funding. That is especially true in the case of Amtrak, because the government has woefully underfunded Amtrak since its inception. Additional crew members and new technology both cost money, and so long as those in Congress see fit to underfund the operation, they undermine their own mandate and shortchange the safety of the traveling public.
# # #
The Brotherhood of Locomotive Engineers and Trainmen represents more than 55,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
The SMART?Transportation Division is headquartered in the Cleveland suburb of North Olmsted, Ohio. It is a broad-based, transportation labor union representing about 125,000 active and retired railroad, bus, mass transit and airline workers in the United States. It is a division of the International Association of Sheet Metal, Air, Rail and Transportation Workers based in Washington, D.C.
HARTFORD, Conn. – Federal transportation officials and the Metropolitan Transportation Agency have agreed on a nearly $1 billion federal loan to install technology that could slow trains when necessary on Metro-North Railroad and Long Island Railroad.
Sen. Richard Blumenthal, D-Conn., said Wednesday the Federal Railroad Administration and Metropolitan Transit Authority agreed on a $967 million loan to install Positive Train Control technology. It automatically slows the train if the operator or a malfunction places it in jeopardy.
Aaron Donovan, a spokesman for the MTA, said Metro-North and the LIRR are putting in place the system, which includes installing on-board components for 1,455 rail cars and transponders.
Gov. Andrew M. Cuomo announced April 24 that the Federal Railroad Administration has approved a loan of $967.1 million to the Metropolitan Transportation Authority for the improvement of the safety of the signal systems used by the MTA’s two commuter railroads, the Long Island Rail Road and Metro-North Railroad. The loan, which is the largest and lowest-cost financing for the MTA, will finance the installment of positive train control, a technology designed to remove the potential for human error that can lead to train-involved accidents.
“This loan is a dramatic investment in the MTA – one that will make trains safer for all riders on Metro-North and the LIRR,” Gov. Cuomo said. “With this infusion of funding, crews will be getting to work on individual cars and along hundreds of miles of track to install state of the art technology that can save lives. This loan could not have been possible without the hard work and support of U.S. Department of Transportation Secretary Anthony Foxx and Acting FRA Administrator Sarah Feinberg, and I thank them on behalf of all MTA commuter rail customers for helping us make this important advancement possible.”
MTA Chairman and CEO Thomas F. Prendergast said, “We are delighted to have been able to work with the Federal Railroad Administration to make this historic, and extremely important award possible. The most important thing we do each day is strive to ensure the safety of our passengers, our employees, and the public at large. This award will help us enhance that effort in a very significant way.”
Positive train control is a technology that allows computerized systems to automatically control certain aspects of train movement. It is intended to prevent train-to-train collisions, trains accidentally traveling into areas where track workers are working, or derailments caused by excessive train speed or the movement of a train through an improperly aligned switch. The technology can address situations like the Spuyten Duyvil derailment in the Bronx, where a train was going faster than its maximum allowable speed. Congress mandated the installation of positive train control in 2008 for all commuter railroads in the U.S.
Metro-North Railroad and the Long Island Rail Road are in the process of implementing the technology, which includes the installation of on-board components for 1,455 rail cars and transponders alongside 588 route miles of track. In November 2013, the MTA awarded a contract to a joint venture of Bombardier Transportation and Siemens Rail Automation to act as a systems integrator that will provide the design, furnish equipment and ensure that the system functions as intended. LIRR and Metro-North forces and some third party contracts will support installations of wayside, office, communications and on-board equipment. Installation of positive train control on Metro-North territory in the State of Connecticut will be funded by the Connecticut Department of Transportation.
The loan is the largest to have been made through the FRA’s Railroad Rehabilitation and Improvement Financing Program and remains subject to MTA Board Approval on April 29 and final closing in May. The MTA will issue its Transportation Revenue Bond directly to the Federal Railroad Administration and will repay the obligation over 22½ years at a fixed interest rate of 2.38 percent. MTA’s Transportation Revenue Bonds are rated “AA-” from Standard & Poor’s, “A2” from Moody’s, and “A” from Fitch.
U.S. Rep. Charlie B. Rangel said, “Nothing is more important than ensuring the wellbeing of New Yorkers. I applaud Governor Cuomo’s commitment to improving safety measures on Metro-North and LIRR, so that all commuters in our great State can ride knowing they are in secure hands.”
U.S. Rep. Eliot Engel said, “MTA services are an indispensable part of my constituents’ everyday lives. Thousands of commuters rely on the MTA daily to travel to work, home or school. They expect – and should receive – a safe train ride. Implementing positive train control is a critical step making this expectation a reality. The tragedies that occurred at Spuyten Duyvil in 2013 and in Westchester earlier this year may have been avoided if this life-saving technology had been in place. While we cannot assuage the pain and grief that these accidents have caused, we can make every effort to create a better railroad moving forward. I applaud the DOT and the Federal Railroad Administration for recognizing the need for this technology in the MTA system, and am very pleased that all rail travelers can experience a safer ride.”
U.S. Rep. Nita Lowey said, “I’m pleased that MTA’s application to install positive train control technology has been approved by the Federal Railroad Administration. Securing this funding would help ensure that disastrous events like the December 2013 Metro North accident never happen again. Over the last year, I have worked tirelessly to highlight the need for additional resources to help commuter railroads install PTC, and I will continue to work with federal and state officials to ensure that MTA gets the resources it needs to keep its riders safe.”
U.S. Rep. Gregory Meeks said, I’d like to thank Governor Cuomo for prioritizing the modernization and improvement of the Long Island Railroad and Metro-North Railroad’s 1500 railcars and hundreds of miles of track along our country’s busiest commuter rail system. This unprecedented investment of nearly $1 billion in the LIRR and Metro will improve safety for riders public, transit workers for decades to come.”
U.S. Rep. Steve Israel said, “This federal loan is a vital step to improving railway safety. I applaud the Metropolitan Transportation Authority and Department of Transportation on their hard work to secure this loan, and I will continue to fight for federal resources for critical New York infrastructure.”
Washington, D.C. — The U.S. Senate on Thursday voted to delay a year-end deadline for railroads to install 
Two months after a deadly Amtrak crash outside of Philadelphia thrust the issue back into the spotlight, frustrated legislators in the Northeast are seemingly no closer to getting the rail-safety upgrades they want.
WASHINGTON, D.C. – The U.S. Senate Committee on Commerce, Science, and Transportation June 25, on a voice vote, approved the bipartisan “Railroad Reform, Enhancement, and Efficiency Act,” sponsored by Sens. Roger Wicker (R-Miss.) and Cory Booker (D-N.J.), with seven amendments. The measure improves rail safety, reauthorizes Amtrak services and improves existing passenger rail infrastructure. It also leverages private sector investment, empowers states and cuts red tape to make critical infrastructure dollars go further.
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