Pete Buttigieg Secretary of Transportation | Facebook Website
Since President Biden took office, the Biden-Harris Administration has taken key steps to improve railway safety by deploying funding from the Bipartisan Infrastructure Law, holding railroads accountable, raising safety standards, and supporting first responders and rail workers. Following the Norfolk Southern derailment last year, a comprehensive cross-agency effort was mobilized to support East Palestine, Ohio. Despite these efforts, House Republicans have voted to cut rail safety measures.
For nearly two centuries, railroads have been an indispensable part of America’s economy and society. They are crucial for supply chains and transportation. However, no transportation system can succeed long-term if it is not safe for both workers and communities. Safety remains the U.S. Department of Transportation’s (DOT) top priority. This involves ensuring that the freight rail industry meets its obligations to keep communities and workers safe, funding infrastructure projects to enhance safety and efficiency, and working with Congress to advance necessary regulations.
In the early 2010s, several high-profile freight rail incidents led to significant new rail safety rules despite strong industry opposition. These changes resulted in a 15% decrease in derailments on mainline tracks. However, recent data shows that derailment rates remain a concern.
The Norfolk Southern derailment in East Palestine highlighted the need for further action. DOT is utilizing its authority and Bipartisan Infrastructure Law funding to raise safety standards, hold railroads accountable, support first responders, and protect workers. Achieving higher levels of safety requires active collaboration from Congress and decisive actions from rail companies prioritizing long-term safety over short-term profits.
Deployment of funds under the Bipartisan Infrastructure Law includes historic investments through programs like Consolidated Rail Infrastructure and Safety Improvements (CRISI), Railroad Crossing Elimination (RCE), and Railroad Rehabilitation & Improvement Financing (RRIF). These programs aim to modernize rail infrastructure nationwide.
Through the Railroad Crossing Elimination Program, $570 million was awarded to 32 states in 2023 to eliminate or improve more than 400 at-grade crossings. The CRISI program awarded $1.4 billion for 70 projects aimed at improving passenger and freight rail reliability. In November 2023, $16.4 billion was allocated for passenger rail projects along the Northeast Corridor through the Federal-State Partnership for Intercity Passenger Rail Program.
Holding Railroads Accountable:
Focused Inspection Programs: The Federal Railroad Administration (FRA) initiated multiple inspection programs in 2023 focusing on tank cars transporting hazardous materials and high hazard flammable train routes.
Safety Assessment of Norfolk Southern: FRA conducted a supplemental assessment of Norfolk Southern's safety culture and practices as part of comprehensive reviews across Class I railroads.
Rail Worker Confidential Close Call Reporting System: All Class I freight railroads agreed to participate in this system following Secretary Buttigieg's advocacy.
FY23 Annual Enforcement Report: FRA outlined civil penalties against railroads for safety violations in its yearly report issued in February.
2024 Civil Penalties Update: FRA updated its civil penalties schedules reflecting new inflation-adjusted statutory minimums and maximums.
Raising Rail Safety Standards:
Final Rule on Train Crew Size Safety Requirements: FRA established minimum staffing requirements for train crews.
Certification of Signal and Dispatcher Employees: FRA is advancing rulemakings requiring certification programs for dispatchers and signal employees.
Final Rule Requiring Emergency Escape Breathing Apparatus: FRA mandated emergency escape breathing apparatus for certain hazardous material transports.
DOT is advocating for passage of the bipartisan Railway Safety Act which aims to phase in safer tank cars among other measures.
Advisories on Long Trains, Train Makeup, Tank Car Covers/Types: Various advisories were issued addressing operational complexities associated with longer trains, proper train makeup configurations, tank car cover issues following investigations into accidents like East Palestine's derailment.
Supporting First Responders and Rail Workers:
Sick Leave: Approximately 89 percent of railroad workers now have paid sick leave due to administration pressure.
Funding Hazmat Rail First Responders: PHMSA announced over $30 million in grants supporting firefighter training related to hazardous materials response.
Advanced Notifications: A proposed rule requiring real-time updates on hazmat shipments accessible to emergency personnel was introduced.
Expanded HAZMAT Training Facility: PHMSA expanded its National Training facility increasing capacity by 150%.
Advisory for Emergency Response Plans/9-1-1 Call Centers: PHMSA urged creation/maintenance of emergency response plans by railroad operators enhancing accessibility/usefulness of systems like AskRail providing critical incident information.
High Hazard Train Regulations: PHMSA initiated rulemaking increasing regulations on High-Hazard trains ensuring stringent standards are followed across more classes/types hazardous materials transported via rails.
