Since President Biden took office, the Biden-Harris Administration has taken key steps to improve railway safety by deploying funding from the President’s Bipartisan Infrastructure Law, holding railroads accountable, raising rail safety standards, and supporting first responders and rail workers. Following the Norfolk Southern derailment last year, the Administration has mobilized a comprehensive effort to support the people of East Palestine, Ohio. However, while the President has been pushing to increase rail safety, House Republicans have actively worked against this progress by voting to cut rail safety measures.
For nearly two centuries, railroads have been an indispensable part of America’s economy and society. They are a vital component of supply chains and facilitate the movement of goods and people. The U.S. Department of Transportation (DOT) prioritizes safety in transportation systems. This includes ensuring that the freight rail industry adheres to its obligations to keep communities and workers safe, funding infrastructure projects for improved safety and efficiency, and working with Congress on necessary regulations.
In the early 2010s, several high-profile freight rail incidents across North America led to significant new rail safety rules despite strong opposition from industry stakeholders. These changes resulted in a 15% decrease in derailments on main line tracks. However, recent data indicates that rates of derailments and preventable incidents remain problematic.
The Norfolk Southern derailment in East Palestine highlighted the need for further action. DOT is leveraging its authority and Bipartisan Infrastructure Law funding to enhance rail safety through various initiatives such as raising standards, holding railroads accountable, supporting first responders, and protecting workers.
Achieving optimal rail safety requires collaboration with Congress and proactive measures from rail companies. This includes compliance with current standards and prioritizing long-term safety over short-term profits.
Deployment of Funding under the Bipartisan Infrastructure Law:
In 2023, DOT allocated substantial infrastructure funds for programs like Consolidated Rail Infrastructure and Safety Improvements (CRISI), Railroad Crossing Elimination (RCE), and Railroad Rehabilitation & Improvement Financing (RRIF). These investments aim to modernize and upgrade rail infrastructure nationwide.
Through the Railroad Crossing Elimination Program, DOT awarded $570 million to 32 states for improving over 400 at-grade crossings. In September 2023, CRISI program awarded $1.4 billion to 70 projects aimed at enhancing passenger and freight rail systems' safety and reliability.
In November 2023, FRA announced $16.4 billion in grants under the Federal-State Partnership for Intercity Passenger Rail Program for significant projects along the Northeast Corridor. Additionally, more than $2 billion was made available for further improvements in May.
In December 2023, FRA announced $8.2 billion in grants for ten passenger rail projects through the Federal-State Partnership for Intercity Passenger Rail Program – National.
Holding Railroads Accountable:
DOT’s Federal Railroad Administration (FRA) initiated multiple inspection programs in 2023 including a focused review of tank cars transporting hazardous materials. FRA also conducted a supplemental safety assessment of Norfolk Southern’s practices.
Rail Worker Confidential Close Call Reporting System:
All Class I freight railroads agreed to participate in this system after Secretary Buttigieg's urging; however adoption has been slow.
FY23 Annual Enforcement Report:
FRA issued its yearly report outlining civil penalties against railroads for safety violations.
Raising Rail Safety Standards:
FRA issued rules on train crew size requirements ensuring trains are safely staffed with minimum crew sizes codified at a federal level.
Certification requirements were proposed for dispatchers and signal employees.
A final rule requiring emergency escape breathing apparatus was issued.
DOT is advocating for passage of bipartisan Railway Safety Act which would phase in newer tank cars among other measures.
Advisories were issued on operating longer trains safely as well as proper train makeup procedures.
PHMSA released advisories related to tank car types following findings from NTSB investigation into Norfolk Southern derailment.
Supporting First Responders & Rail Workers:
Approximately 90% of Class I freight railroad workers now have paid sick leave following administrative pressure.
PHMSA announced over $30 million in grants supporting firefighters’ hazmat response efforts.
Advanced Notifications: PHMSA adopted rules requiring real-time electronic information about hazmat shipments accessible by emergency personnel.
Expanded HAZMAT training facility allowing increased training capacity by PHMSA.
PHMSA urged all railroad operators create/maintain emergency response plans while advising use technologies like AskRail application providing critical incident information.
