News & Events from the Week Ending July 26

FRA CONCLUDES REPORT ON
EAST PALESTINE DERAILMENT

The Federal Railroad Administration (FRA) has published its accident investigation report on the February 3, 2023, Norfolk Southern (NS) train derailment in East Palestine, OH, concluding that the derailment was caused by a roller bearing that failed due to overheating. NS’ procedures and inadequate staffing for communicating information from the hot box detectors (HBDs) to the train crew may have contributed to the accident, according to the FRA.

“Norfolk Southern’s train derailment in East Palestine was a wake-up call to the country — and should be to the freight rail industry — that the status quo is unacceptable when it comes to rail safety. We must all be more vigilant and advance new measures that will keep people working on, living near and traveling along railroads out of harm’s way.” - FRA Administrator Amit Bose

The agency does not now regulate the location, installation, operation, or maintenance of wayside detectors, unless a detector interfaces with a railroad’s signaling system. This is an area where FRA says it will “aggressively” encourage Congress to act in any future rail-safety legislation. In the meantime, FRA has:

inspected thousands of wayside detectors on 28 railroads last year alone as part of a high-hazard route assessment, and the agency assessed Class I dispatching centers to evaluate how railroads report, evaluate and take actions following wayside detector alarms;
on multiple occasions urged railroads using wayside detectors to evaluate their inspection processes and prioritize proper training for personnel working with them;
continued to conduct safety-culture assessments of all Class Is, making recommendations to address issues and improve safety; and,
tasked its Railroad Safety Advisory Committee with reviewing current industry practices relating to wayside detectors, determining current best practices, and developing recommendations and proposals to update existing or develop new regulations and guidance.

FRA has initiated 12 enforcement cases with 117 counts against the railroad and other entities. The full report can be read here.

THE 9-5 COMMUTER MAY BE OVER
The U.S. commuter rail renaissance is just beginning

Mass Transit/Op-Ed by CRC CEO KellyAnne Gallagher

There is a reimagining of the traditional morning-in, evening-out commuter rail schedule that has evolved in the post-pandemic work and travel environment.

“Commuter railroads in the U.S. are ready to blossom. If given the same funding, attention and opportunities that Amtrak has received in recent years, commuter rail services can break the gridlock many of our major metros face every day, continue to deliver strong return on investment for the communities they serve, help meet aggressive sustainability targets and boost downtown businesses still struggling to match their pre-pandemic trade. . . .”

Read the full article here.

CRC APPLAUDS INTRODUCTION OF
FREIGHT RAIL SAFETY BILL

The release of findings by the NTSB on the catastrophic train derailment in East Palestine, OH, has only reinforced the importance of a renewed effort to review current safety precautions and improve critical communications links.

The Commuter Rail Coalition will be working closely with Representatives Troy Nehls (TX-22) and Seth Moulton (MA-6) as well as members of the US Senate “to help achieve the highest degree of safety with all responsible parties accepting the cost attributable to their operations” in support of Nehl’s rail safety legislation -- HR 8996 – The Railroad Safety Enhancement Act.

“Significant amounts of freight, including hazardous materials, move across rail territory
shared by commuter rail agencies nationwide. Commuter rail passengers must have
confidence that the highest degree of safety precautions are being employed over those
track. This bill makes further progress towards that goal.” - CRC CEO KellyAnne Gallagher

Commuter rail agencies across the nation have invested billions of dollars in the latest safety technology. Most importantly, the Coalition wants to ensure that commuter rail agencies, as providers of public services funded through tax dollars, are not left responsible to pay for equipment or infrastructure improvements that only benefit freight rail operations.

On July 23rd, the Subcommittee on Railroads Pipelines, and Hazardous Materials of the House Transportation and Infrastructure Committee held a hearing entitled: “Examining the State of Rail Safety in the Aftermath of the Derailment in East Palestine, Ohio” to discuss the provisions of HR 8996 introduced by Chairman Troy Nehls (R-TX) and Congressman Seth Moulton (D-MA).

Most of the witnesses used the hearing as an opportunity to argue that safety advancements in the freight rail industry have slowed over the past ten years with some pointing specifically at Precision Scheduled Railroading because it pressures managers to run the railroad in as lean a mode as possible.

“Significant amounts of freight, including hazardous materials, move across rail territory shared by commuter rail agencies nationwide. Commuter rail passengers must have confidence that the highest degree of safety precautions are being employed over those track. This bill makes further progress towards that goal.” - Commuter Rail Coalition

Among the requirements of HR 8996 are:

Class I railroads must enroll in the Confidential Close Call Reporting System for two years. During the hearing, Nehls said that the bill retains the two-person crew requirement, supported by the Teamsters Union who said the legislation “includes several Teamsters priorities, such as requiring a qualified engineer and conductor on most freight trains and providing essential equipment to roadway workers to ensure protections from being struck by trains and other railroad vehicles while working on track.”
State DoTs must notify first responders of the existence of the AskRail app, the real-time data application that provides first responders with information about contents carried on a train. The bill also proposes to fund an AskRail connectivity pilot program to fill connection gaps in service for the app along the national freight network.
Authorization of $1 billion dollars in additional authorization for the FRA-administered Railroad Crossing Elimination Grant Program. Mr. Nehls pointed to statements from NTSB about the need to invest in rail crossing elimination to reduce the future risks of accidents and resulting derailments at crossings, in particular unmarked crossings.
Authorization of $100 million annually for the FRA to establish a grant program to install onboard freight railcar telematics systems and gateway devices, with the focus on deploying this new technology first on railcars carrying hazardous materials. Ultimately this technology will offer shippers real-time data about the status of the tank cars that they own. The idea of deploying on-board sensors has been the main argument advanced by CRC against requiring wayside detectors, such as hot box detectors, which are mandated in the Senate bill.
Accelerate the phase-out date of DoT 111 tank cars, identified during the spate of tank car fires when oil was being shipped in large quantities. The DoT 111 tank car has known shortcomings but there are more than 20,000 such cars in service today. Without some sort of accelerated phase out, it could be upwards of ten years before the last of the cars are eliminated.

The freight railroads believe they can stop this bill from advancing, and it’s notable that Congressman Sam Graves (R-MO), Chairman of the House Transportation and Infrastructure Committee, does not support advancing this or any other rail safety bill at the moment. Chairman Nehls and Congressman Moulton, however, were able to gain the support of much of rail labor, including the International Brotherhood of Teamsters, the Brotherhood of Maintenance of Way Employes (BMWE), the Brotherhood Of Locomotive Engineers and Trainmen (BLET), the Transportation Communications Union (TCU), the Transport Workers Union (TWU), the Brotherhood of Railway Carmen (BRC), the International Brotherhood of Electrical Workers (IBEW), SMART-TD, and SMART-MD.

Railway Age and RT&S are hosting their second annual in-person Women in Rail Conference on Nov. 5 & 6 in Chicago. Commuter Rail Coalition members can receive 20% off registration with code CRC20. Register now for early bird rates.

Women in Rail 2024 is a two-day event filled with instructive panels, an awards luncheon, and a Metra tour. Topics to be discussed include furthering industry inclusivity; the latest regulatory and legislative happenings; advancing your career; new tech innovations and much more.

Commuter Rail Coalition CEO KellyAnne Gallagher will moderate a panel on mentorship and career sponsors, highlighting the advantages of connection and ways to develop it throughout your professional journey. Also presenting at the conference are CRC Vice Chair and Caltrain Executive Director Michelle Bouchard, Metra’s Janice Thomas, TYLin’s Joe Giulietti, and AECOM’s Tom Prendergast.

See the full program and register with code CRC20 at www.railwayage.com/womeninrail.

FOR YOUR CALENDAR

CRC’S QUARTERLY NEW MEMBER ORIENTATION

Looking for a refresher? Have new team members who will engage in the work of the Commuter Rail Coalition? Join CRC Chair Mike Noland (South Shore Line), CRC CEO KellyAnne Gallagher, and Director of Government Affairs John Cline (Cline Strategic Consulting) on August 7 for an hour-long webinar on making the most of membership in the Coalition. Reach out HERE to receive a link to the webinar, scheduled for 3 PM eastern on Wednesday, August 7.

CRC’S MONTHLY GOVERNMENT AFFAIRS WORKING GROUP CALL

Reach out HERE to be added to the distribution list for the monthly call of CRC members’ government affairs professionals, coordinated by CRC Director of Government Affairs, John Cline. The calls take place over Zoom at 2 p.m. eastern on the first Thursday of every month, with the next meeting taking place Thursday, August 1.

INNOTRANS 2024 IS FAST APPROACHING!

LAST CHANCE TO JOIN THE CRC DELEGATION IN BERLIN

Innotrans 2024 will be held September 24-27 in Berlin, and is the largest rail show in the world. Not only that, it’s an opportunity rich with potential for connections with peers from around the globe. Attending InnoTrans as a member of the CRC delegation gives you access to the invitation-only events that happen off the show floor, such as the Opening Ceremony. DB E.C.O. is offering to enhance your trip further by organizing meetings with German peers and project site visits.

Extend your visit to Germany and take advantage of a full week of events, starting with a comprehensive tour of Berlin’s public transportation system on September 22, an official welcome by Deutsche Bahn, site visit to Cottbus, and VIP reception with the German rail industry on September 23.

If you are thinking about attending please reach out now for credentialed for access to the invitation-only events on site.

REGISTER NOW FOR THE 2024 SUMMIT

To view the program outline and technical tours, visit this LINK.

WHAT WE’RE READING

Excuse Me, Chairman Nehls, But … (Updated) (Railway Age)
The Danger of Politicians Arrogating Power Over Business to Themselves (Forbes)
Congress must legislate railroad safety reforms, say stakeholders (TransportationToday)
What cities can learn from how Tokyo and Toronto approach transit-oriented development (Next City)
Leveraging Connectivity for Safety and Operational Efficiency (Icomera North America)
The 2024 Outlook for North American Suburban Rail Services (by David Nelson, via LinkedIn)

Thank you for reading.

Follow us on LinkedIn and Twitter

JOIN CRC

FRA CONCLUDES REPORT ON EAST PALESTINE DERAILMENT

THE 9-5 COMMUTER MAY BE OVERThe U.S. commuter rail renaissance is just beginning