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“INTRODUCTION OF THE FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007” mentioning the U.S. Dept. of Transportation was published in the Extensions of Remarks section on pages E915 on May 2, 2007.
The publication is reproduced in full below:
INTRODUCTION OF THE FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007
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HON. CORRINE BROWN
of florida
in the house of representatives
Tuesday, May 1, 2007
Ms. CORRINE BROWN of Florida. Madam Speaker, I want to thank Chairman Oberstar for joining me in introducing the Federal Railroad Safety Improvement Act of 2007. This legislation is long overdue and will authorize safety programs in both passenger and freight rail that will protect passengers, workers, and the communities that our passenger and freight rails serve. It will also improve the safety of our rail infrastructure which will allow for the exceptional growth expected in both passenger and freight rail.
This legislation will make major improvements in railroad safety by requiring the Department of Transportation to develop a long-term strategy for improving rail safety, authorizing funds for the purchase of track geometry vehicles and for the development of an underground and tunnel safety facility.
The legislation strengthens hours-of-service by mandating consecutive hours of rest, eliminates limbo time, and requires fatigue management plans. It also strengthens whistleblower protections and imposes penalties for safety, hours-of-service, and accident reporting violations.
The legislation also mandates the implementation of Positive Train Controls, improves warning systems in non-signaled territory, establishes minimum training standards, and recommends ways to mitigate health hazards.
Congress last passed legislation to reauthorize the Federal Railroad Administration (FRA) in 1994. That authorization expired in 1998. Since that time, the railroad industry has changed dramatically. Economic growth and an increase in international trade have led to record traffic levels. At the same time, Amtrak and the commuter railroads--
which often operate on freight rail lines--are moving more passengers, which means that there is a lot of pressure on our rail system. This has a significant impact on worker and public safety.
According to the FRA, train accidents have increased by 33 percent since 1994. Fatalities and injuries have also increased--from 12 fatalities and 262 injuries in 1994 to 33 fatalities and 734 injuries in 2005. Injuries hit an all-time high of 1,884 in 2002 due to the train accident in Minot, ND.
According to the FRA, human factors are responsible for nearly 40 percent of all train accidents, and a new study confirms that fatigue plays a role in approximately one out of four of those accidents.
Researchers analyzed the 30-day work schedules of locomotive crews preceding 1,400 train accidents and not surprisingly found a strong correlation between the crew's level of alertness and the likelihood that they would be involved in an accident. NTSB investigators have reached similar conclusions.
The hours of service law, which was originally enacted in 1907 and substantially amended in 1969, is outdated. It deals only with acute fatigue, not cumulative fatigue. Since the rail industry is markedly different today compared to 40 or 100 years ago, there are some significant shortcomings in the law.
For example, the law does not properly address ``limbo time,'' which is the time when a crew's working assignment is finished and they are waiting for transportation back to their homes. During limbo time, crewmembers are required to stay awake, alert, and able to respond to any situation, which means that crews can be on the job for as long as 15 or 20 hours at a time. Although the NTSB has repeatedly asked the FRA to make improvements to hours-of-service and address fatigue, the FRA seemingly does not have the regulatory authority to do so.
The Railroads, Pipelines, and Hazardous Materials Subcommittee has held numerous hearings on railroad safety, fatigue, and human factor accidents and has heard testimony from all the stakeholders and policy makers in the passenger and freight rail industry. I believe this legislation will help reduce accidents, improve rail safety, and improve the work environment for employees which will allow the passenger and freight rail industry to safely handle the future growth projected for both modes of transportation.
I encourage all of my colleagues to support this legislation and I urge its swift passage so that we can begin to implement these important safety measures immediately.
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