In the wake of the recent Ohio train derailment, rail regulations are being discussed.
U.S. Secretary of Transportation Pete Buttigieg discussed some of their limitations, according to a Feb. 14 post on Twitter.
"We’re constrained by law on some areas of rail regulation (like the braking rule withdrawn by the Trump administration in 2018 because of a law passed by Congress in 2015), but we are using the powers we do have to keep people safe," Buttigieg wrote on Twitter. "And of course, I’m always ready to work with Congress on furthering (or in some cases, restoring) our capacity to address rail safety issues."
According to the Federal Railway Administration, electronically controlled pneumatic (ECP) brake technology uses electronic signals to control the application of pneumatic brakes, leading to a more responsive and uniform brake application across the train, and resulting in both improved passenger safety and a lower risk of derailment.
The FRA's 2009 report stated the adoption of ECP brakes would lead to more efficient and higher-velocity train movements, resulting in industrywide equipment savings of up to $2.5 billion for every one mile-per-hour gain in network velocity.
While ECP brakes have been successfully implemented in countries such as Canada, Australia and South Africa, the cost to implement ECP brakes for all locomotives and cars in North America is estimated at approximately $6 billion, with most costs impacting car owners, according to the FRA. The logistical difficulties of ECP brake conversions, in addition to the massive downstream costs for small railroads, make the switch challenging, but still necessary.
On Sept. 24, 2018, the Pipeline and Hazardous Materials Safety Administration finalized amendments to the Hazardous Materials Regulations, removing the requirement for certain High Hazard Flammable Unit Trains to use electronically controlled ECP braking systems, while still allowing them as an option.
The move was made after the release of an updated Regulatory Impact Analysis, which was mandated by the Fixing America's Surface Transportation Act, PHMSA reported. The act found the potential costs of requiring ECP brakes would outweigh the potential benefits.
"Some are saying the ECP (electronically controlled pneumatic) brake rule, if implemented, would’ve prevented [East Palestine] derailment," National Transportation Safety Board Chair Jennifer Homendy said in a Feb. 16 post on Twitter. "FALSE – here’s why…"
"The ECP braking rule would’ve applied ONLY to HIGH HAZARD FLAMMABLE TRAINS," Homendy continued on Twitter. "The train that derailed in East Palestine was a MIXED FREIGHT TRAIN containing only 3 placarded Class 3 flammable liquids cars. This means even if the rule had gone into effect, this train wouldn't have had ECP brakes."
