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Two-Person Crew proposed federal rulemaking and legislation


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#1 CNJRoss

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Posted 09 April 2014 - 10:28 AM

FRA news release, 4/9:

FRA to Issue Proposed Rule on Minimum Train Crew Size

Railroad Safety Advisory Committee Approves Other Key Recommendations on Train Securement and Hazardous Materials Regulations




WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) today 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.”

Today’s 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 rulemaking.

“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 a 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.”

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.

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 August 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 and Atlantic Railway freight train containing crude oil in Lac-Mégantic, Quebec, Canada. Building upon Secretary Anthony Foxx’s February Agreement with the Rail and Petroleum Industries, the FRA’s Emergency Order 28 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.



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#2 CNJRoss

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Posted 09 April 2014 - 12:40 PM

AP via The Kansas City Star, 4/9:

Feds say oil trains should have two-man crews


WASHINGTON — Responding to a series of fiery train derailments, federal regulators said Wednesday they will propose that trains transporting crude oil have at least two-man crews as part of new requirements aimed at preventing parked train cars from coming loose and causing an accident like one in July that killed 47 people.

The Federal Railroad Administration had asked a freight rail industry advisory committee to make recommendations on whether two-man crews should be required, but the industry officials were unable to reach a consensus. Federal officials said they decided to move ahead with the two-crew member requirement anyway.

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#3 CNJRoss

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Posted 11 April 2014 - 01:54 PM

BLET news release:

BLET Fighting to Protect Worker, Public Safety in Rulemaking
Statement by National President Dennis R. Pierce


CLEVELAND, April 11 — Dennis Pierce, National President of the Brotherhood of Locomotive Engineers and Trainmen, a Division of the Teamsters Rail Conference, issued the following statement concerning the April 9 announcement by the Federal Railroad Administration (FRA) that the agency planned to issue a proposed rule regarding railroad industry crew size:

“Since the FRA’s announcement on Wednesday of plans to issue a proposed regulation regarding crew size on America’s freight and passenger trains, the Brotherhood of Locomotive Engineers and Trainmen has received numerous requests for comments. While it is not our practice to publicly comment on a pending rulemaking — and although no substantive comment can be made on FRA’s proposal, which has yet to be published — recent attempts by the industry’s lobbying arm to change the debate compel me to respond.

“It is undeniable that last summer’s catastrophic runaway, derailment and explosion that devastated the Quebec town of Lac-Mégantic was facilitated, if not directly caused, by operational adjustments that had to be made by the Montreal, Maine and Atlantic Railway’s decision to operate the runaway train with a single-person crew. The outrage over that tragedy led to numerous regulatory changes in Canada and here in the United States to enhance railroad safety.

“The Congress has taken notice of this crisis, as well, and the Safe Freight Act (H.R. 3040), which would require a two-person crew on virtually all freight trains, is pending before the House of Representatives. We applaud the legislators who introduced that bill, and we are working toward its passage.

“FRA also has made its position clear. We agree with Federal Railroad Administrator Joe Szabo that ‘safety is enhanced with the use of a multiple person crew’ and with the agency’s position that ‘a second crew member provides safety redundancy and provides a method of checks and balances on train operations.’ Safety is our goal, and FRA’s goal, in supporting a minimum crew size of two employees. Each and every day when our members go to work, their goal is to perform their jobs in the safest and most professional manner possible. BLET members are honest and dedicated working class Americans, and working as part of a two-person train crew will give them a better chance of returning home to their families and loved ones at the end of the day.

“Unfortunately, however, the rail industry seems hell-bent on hijacking this issue and converting it into a process to further pad its already historic profit levels. From the day FRA placed crew size before its Railroad Safety Advisory Committee, the railroads have attempted to hold the issue hostage to the implementation of Positive Train Control (PTC) technology, a stance that was publicly confirmed by the Association of American Railroads earlier this week. PTC is a necessity as it will save lives, but it should never be the basis for a waiver of the two-person train crew requirement, which — sadly — is what rail management is hoping to achieve.

“To be clear, PTC is a significant upgrade and overlay on existing signal and train control technology. It will save lives and reduce accidents and property damage. For these reasons it can and must be installed by the December 31, 2015 deadline Congress has set, and we will continue to oppose the industry’s request for a blanket 5-year extension of the deadline.

“However, at the end of the day — and while significant — PTC is only an upgrade and overlay on existing signal technology. It is not designed or required to prevent every accident. As just one example, the April 17, 2011 collision near Red Oak, Iowa, that led to a derailment and fire, and which claimed the lives of two crew members, would not have been prevented had PTC been installed on the line where the accident occurred.

“Nor is PTC designed or intended to perform all of the varied duties currently performed by the second operating crew member. In addition to in-cab safety redundancy at numerous levels, the public safety aspect of these duties include, among others, monitoring the ‘left’ side of the train for defects, observing the ‘left’ side of highway-rail grade crossings for drivers who fail to stop for the approaching train, and separating stopped trains blocking crossings to facilitate the movement of motor vehicles operated by first responders and other emergency personnel who must cross the tracks.

“The industry’s response is nothing more than a red herring, and it is unfortunate — if not reprehensible — that railroads are preying upon the legitimate safety concerns of railroad workers and the general public to further stuff their coffers. We also view the railroads’ response as a thinly-veiled threat against collective bargaining agreement provisions that address crew size, which would be unaffected by the proposed regulation, and which we will vigorously defend. We will continue to put the safety of BLET members, of all railroad workers, and of the American public first and foremost, and we will work with all our energy to ensure FRA develops a regulation that does just that.”

#4 CNJRoss

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Posted 16 April 2014 - 10:15 PM

Railway Age, 4/11:

Data drought haunts FRA crew-size mandate

By the Federal Railroad Administration’s own congressional testimony, the years 2012 and 2013 were among the railroads’ safest on record, while the relatively few train crashes were mostly the result of human error and track defects.

The FRA and the National Transportation Safety Board promise that implementation by year-end 2015 of PTC (Positive Train Control)—collision avoidance technology that monitors and controls train movements—will further improve railroad safety by eliminating opportunity for human error.

Yet on April 9, 2014, the FRA announced its intent to require two-person crews “for most main line train operations including those trains carrying crude oil.” This is startling for the following reasons:

• The FRA has produced no evidence that two-person crews are safer than single-person train operation.

• The California Public Utilities Commission found that “[a] second set of eyes provides only minimal safety improvement and should be employed only on a temporary basis, given the fact it could aggravate engineer distraction.”

• Los Angeles Metrolink, which conducted a 16-month pilot project substituting two-person crews for single-person train operation, found no improvement in safety as a result. Metrolink also cited studies by the FRA and the NTSB that found two crew members in the locomotive cab “can have an unintended contrary effect on safety due to potential for distraction.”

• The NTSB does not oppose phasing out of two-person crews as other safety enhancements, such as PTC, are implemented.

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#5 CNJRoss

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Posted 30 October 2014 - 06:45 AM

BLET News Flash:

New Jersey economic group backs two-person train crews


CLEVELAND, October 17 — A leading economic group in the state of New Jersey, comprised of labor and business leaders, is supporting national legislation that would mandate two-person train crews throughout the United States.

The New Jersey Society for Environmental, Economic Development (NJ SEED) recently issued a letter supporting the BLET’s efforts to advance H.R. 3040 in the U.S. House of Representatives as well as similar legislation on the state level.

“NJ SEED is committed to working to preserve two-person crews for the … safety of our railways and citizens,” wrote Michael K. Drulis, Executive Director of NJ SEED. “The stakes are too high to do otherwise; the safest and securest workplace for the nation’s railroads, their employees and the public at large is one that includes a minimum of a two-person crew.”

H.R. 3040, also known as the Safe Freight Act, would mandate that “no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least 2 individuals, one of whom is certified under regulations promulgated by the Federal Railroad Administration as a locomotive engineer pursuant to section 20135, and the other of whom is certified under regulations promulgated by the Federal Railroad Administration as a conductor pursuant to section 20163.”

“Both the engineer and conductor are critical to train operations — working symbiotically — dependent on one another for proper and sound procedures,” according to NJ SEED’s letter of support. “Paramount to the issue of crew size for train operations is ensuring safety on the nation’s rails. Instances in the past have proven that two-person crews play a vital role in working with first responders to protect the public and work in effort to guarantee safe practices.”

Dennis R. Pierce, National President of the BLET, thanked Executive Director Drulis and NJ SEED for supporting two-person train crews and recognized Brother Matt Kronyak, Chairman of the BLET’s New Jersey State Legislative Board, for educating the members of NJ SEED regarding this important safety issue.

NJ SEED is the leading voice in New Jersey for environmental balance and economic growth, focusing on issues such as maintaining New Jersey’s transportation infrastructure and its port facilities.

For a copy of NJ SEED’s letter, please click here.

#6 CNJRoss

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Posted 17 April 2015 - 03:37 PM

BLET NewsFlash, 4/17:

 

Railroad unions advancing two-person crew legislation to protect safety

 

CLEVELAND, April 17 — Continuing a cooperative effort to promote safety in the railroad industry, the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers International Association (SMART) have jointly announced that legislation requiring at least two crew members on all freight trains in the U.S. has been introduced in the 114th Congress.

The Safe Freight Act (H.R. 1763), introduced by Congressman Don Young (R-Alaska) on April 13, would require two crew members — one certified locomotive engineer and one certified conductor — on all freight trains. The newly-introduced legislation mirrors H.R. 3040, which had more than 80 co-sponsors last year prior to conclusion of the 113th Congress. H.R. 1763 has been referred to the House Committee on Transportation and Infrastructure.

H.R. 1763 would require that “no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew consisting of at least 2 individuals, one of whom is certified under regulations promulgated by the Federal Railroad Administration as a locomotive engineer pursuant to section 20135, and the other of whom is certified under regulations promulgated by the Federal Railroad Administration as a conductor pursuant to section 20163.”

The joint effort reflects heightened concerns over crew size arising from the July 6, 2013 derailment of a Montreal, Maine & Atlantic (MM&A) oil train in Lac-Megantic, Quebec, which killed 47 people and destroyed the center of the town. The MM&A train was crewed by a single person. Since that time, there has also been movement by major freight railroads to seek collective bargaining agreements to allow for widespread use of one-person train operations.

“The BLET continues to oppose and condemn single-person freight operations as adverse to worker and public safety,” BLET National President Dennis R. Pierce said. “All parties involved must understand that as things stand today, there are only two ways to end one-person train operations: federal laws or regulations that outlaw this dangerous practice, or collectively bargained contract language that requires two crew members on every train. We will continue to work to protect contractual language to defend two-person crews, and it also is our goal to protect the safety of railroad workers and the general public by advocating for passage of H.R. 1763.”

SMART Transportation Division President John Previsich said, “The SMART Transportation Division has always espoused that the safest rail operation is a two-person crew operation. With several major train derailments having occurred in the last few months, most notably the oil train derailment and explosion near Charleston, W.Va., in February, our lawmakers and the general public must understand that multi-person crews are essential to ensuring the safest rail operations possible in their communities. I would like to thank Cong. Don Young (R-Alaska) for his leadership on this critical rail safety issue. No one would permit an airliner to fly with just one pilot, even though it can fly itself. Trains, which cannot operate themselves, should be no different.”

Congressman Young is serving his 22nd term as Alaska’s only representative in the House and is a former Chairman of both the House Transportation and Infrastructure Committee (2001-2007) and the House Natural Resources Committee (1995-2001).

A copy of the bill is available for download as a PDF from the BLET website or from Congress.gov.

 


 



#7 KevinKorell

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Posted 20 April 2015 - 12:43 PM

Progressive Railroading, 4/20/15:


Union-backed legislation would require two-person train crews

 

U.S. Rep. Don Young (R-Alaska) has introduced a bill that would require at least two crew members — a certified locomotive engineer and a certified conductor — on all freight trains in the United States, two railroad unions announced late last week.

 

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#8 CNJRoss

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Posted 29 May 2015 - 06:00 AM

Bloomberg Business News, 5/28:

 

 

Amtrak Crash Quells Railroads' Effort to Reduce Crews on Trains

 

The Amtrak crash that killed eight people this month raised questions of the safety of one-engineer trains, thwarting the idea of reducing freight crews for now, Union Pacific Corp. Chief Executive Officer Lance Fritz said.

 

While cargo operators would save money with a single person in the cab instead of two people, that argument will be a tough sell to railroad workers and union leaders after the May 12 accident in Philadelphia, Fritz said. Amtrak trains in the Northeast Corridor have used solo engineers since 1983, according to a union statement.

 

“It makes the conversation more difficult today,” Fritz said in an interview at Bloomberg’s headquarters in New York Wednesday. “That’s because it becomes a more emotional conversation as opposed to a conversation grounded in fact and the capability of technology.”

 

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#9 CNJRoss

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Posted 30 May 2015 - 07:22 PM

BLET NewsFlash, 5/29:

 

President Pierce discusses two-person train crews and safety in radio interview

 

CLEVELAND, May 29 — On May 27, BLET National President Dennis R. Pierce conducted an interview with America’s Work Force, a daily labor-radio program. Among other items, President Pierce discussed the BLET’s efforts to maintain two-person train crews in the rail industry, H.R. 1763 (the Safe Freight Act), and the ongoing battle to resist single-person operations at the Wheeling and Lake Erie. President Pierce’s segment begins around the 37-minute mark of the nearly hour-long clip. To listen to the interview, please visit:

awfradio.com/todays-show-5-27-15/  (Interview starts at 37:30)



#10 CNJRoss

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Posted 30 May 2015 - 08:41 PM

Lincoln (NE) Journal Star, 5/28:
 

Two-person train crews necessary for safety, lawmakers say

 

Trains need two-person crews to help prevent disasters like the 2013 derailment and explosion of a crude oil train that killed 47 people in Quebec, some Nebraska lawmakers argued Thursday.

 

The Federal Railroad Administration has signaled plans to require two-man crews on trains carrying oil and freight trains, which is the industry's standard practice, but its proposed rule hasn't been issued. 

 

Rail lines would like to switch to a crew of one on most freight engines as they equip trains with positive train control, a new federally mandated wireless safety system that can force a train to stop automatically to avoid a potential crash.

 

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