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Fixing America’s Surface Transportation Act: Safety Provisions Affecting Rail Operations
FEBRUARY 22, 2016Presented by Justin J. Marks
Presentation Summary Overview of the FAST Act Historical background of derailments
and collisions that the FAST Act provisions seek to addressReview the statutory requirements of the
FAST ActTake-Aways
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The FAST Act In-Brief
Fixing America’s Surface Transportation Act signed December 4, 2015First long-term comprehensive surface
transportation legislation since SAFETEA-LU in 2005
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Key FAST Act Rail Safety Provisions
Locomotive Recording Devices §11411 Speed Limit Action Plans §11406 Locomotive Alerters §11407 Signal Protection §11408 Commuter Rail Track Inspections §11409 Various PTC Provisions
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History of Incidents Leading to FAST Act Safety Provisions In 2008, a Southern California Regional Rail
Authority Metrolink train collided with a Union Pacific Railroad train near Chatsworth, CA In 2013, a Metro North train derailed in the
Bronx as it passed through a 6 degree left hand curve where the train was going 82 mph and speed was limited to 30 mph In 2015, an Amtrak train derailed in
Philadelphia as the train entered a curve at a speed of 106 mph in a 50 mph zone
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History of Incidents Leading to FAST Act Safety Provisions Train Strikes of Maintenance-of-Way Employees 2007 Massachusetts Bay Transportation Authority
train struck a track maintenance vehicle killing two maintenance-of-way employees and injuring two
2013 Metro-North train strike in West Haven, CT
2013 Chicago Metra train struck tie gang crew member
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Section 11411: Recording Devices
DOT has two years to promulgate a regulation It shall require video recording devices in all
controlling cabs and cab car operating compartments
– Uses:• Verifying trains crews are in compliance with applicable
safety laws and operating rules• Assisting in an investigation for causation of an incident• Documenting criminal actors or monitoring unauthorized
occupancy
Not to be used to retaliate against an employee
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Section 11411: Recording Devices
Metrolink installed inward facing cameras after Chatsworth
– Early adapters note, if you have already installed similar technology, an exemption process may apply to you
Litigation– Installation of inward facing cameras by
Metrolink and KCS resulted in unsuccessful litigation by unions
– FAST Act potentially provides commuter railroads a Federal Preemption argument
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Section 11406: Speed Limit Action Plans 2 Step Process Step 1: Survey
– Commuter railroads in consultation with any applicable host railroad carrier shall survey its system and identify each main track location where there is a reduction of more than 20 mph from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel.
Due date: March 4, 2016
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Section 11406: Speed Limit Action Plans Step 2: Action Plan Due 120 days after completion of survey – early/mid
summer 2016 Commuter railroads shall submit to DOT an action plan
– Using the survey, describe plan to enforce the speed restriction including:• Modification of automatic train control systems• Increased crew size and crew communications• Installed signage • Installed alerters
DOT has 90 days to approve, disprove, or to request modifications
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Section 11406: Speed Limit Action Plans Exemption potentially available for each segment of track
governed by Positive Train Control or other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk
Goal is to reduce the risk of over-speed derailments
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Section 11407: Locomotive AlertersDOT to promulgate rule requiring working
alerters in the controlling locomotive of each passenger train
– No specified deadlineDOT’s rule may specify the essential
functionalities of a working alerter, including the manner in which the alerter can be reset Exemption– DOT has discretion to permit an
alternative technology or practice that would achieve greater or equivalent level of safety
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Section 11408: Signal Protection
DOT rulemaking for on-track safety regulations to protect maintenance-of-way workers
– 18 months after date of enactmentApplicable to those crews who depend on a
train dispatcher to provide signal protection Exemptions: Track segments where
operations are governed by a PTC system or any other safety technology with equivalent or greater protection
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Section 11409: Commuter Rail Track InspectionsCommuter Rail Track Inspections: The
Secretary shall evaluate track inspection regulations to determine if a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines should be required to inspect the lines in the same manner as is required for other commuter railroad lines
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Section 11409: Commuter Rail Track Inspections
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Section 11409: Commuter Rail Track InspectionsDOT has discretion to initiate a rulemaking,
but must consider the following regulatory requirements of high density commuter railroad lines:
– Inspection at least once every 2 weeks by having an employee traverse each main line
– Inspection at least once each month by having an employee traverse and inspect each siding
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Positive Train ControlWhat it is – PTC is a train control
technology designed to prevent train-to-train collisions, over speed derailments, incursions into established work zone limits, and the movement of a train through a main line switch in the improper position
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Positive Train Control
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Positive Train ControlFollowing the Metrolink collision in 2008,
Congress passed the Rail Safety Improvement ActMandates PTC on Commuter rail
services, intercity passenger, and freight trains hauling certain hazmat
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Positive Train Control PTC makes numerous appearances in the
FAST Act Authorizes $199,000,000 for FY 2017 to assist
in financing the installation of PTC §3028 – To be awarded on a competitive grant basis
Adds PTC to the list of priority projects under RRIF, a loan program to finance development of railroad infrastructure §11609; §24407
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Positive Train ControlAs discussed above, PTC may be used
as an alternative safety measure under:–Speed Limit Action Plans §11406–Signal Protection §11408
Some point after implementation, Fast Act requires DOT to study possible effectiveness of PTC on reducing highway-rail grade crossings §11404
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Take-Aways
The Speed Limit Action Plans are a mandate on commuter railroads
–Survey: Due March 4, 2016–Plan: Due 120 days after survey is
complete – early/mid-summer 2016
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Take-Aways
Keep an eye on that Federal Register –DOT will be issuing notices that may impact you
– Locomotive Recording Devices §11411 –Locomotive Alerters §11407 –Signal Protection §11408 –Commuter Rail Track Inspections §11409
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Take-AwaysRegulations requiring inward facing
cameras will not be the end of the story
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Useful Links
FAST Act - Conference Report– https://www.congress.gov/114/crpt/hrpt357/CRPT-114hrpt357.pdf
Special Investigation Report on Railroad and Rail Transit Roadway Worker Protection
– http://www.ntsb.gov/safety/safety-studies/Documents/SIR1403.pdf
Chicago Metra PTC webpage– https://metrarail.com/metra/en/home/service_updates/positive-train-
control.html
Infra Insight– http://www.infrainsightblog.com/
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