US Congress hustling to pass rail reform after crash
Source: The
Associated Press Published:
September 23rd 2008
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LOS ANGELES — After a fatal commuter train collision, Congress is
hurrying to pass new laws that would limit hours engineers work,
mandate technology to stop trains on a collision course and enact
the rail industry's first other major reforms in 14 years.
The train oversight and safety agency, the Federal Railroad
Administration, has operated under an expired 1994 law, and until
the Sept. 12 crash, it looked like Congress would end another
legislative session without changes.
Twenty-five people were killed when the Metrolink commuter train
collided with a freight train, the nation's deadliest train accident
since 1993.
Now lawmakers are scrambling to come up with a final deal by the end
of the week on sweeping reforms pushed for years by the National
Transportation Safety Board. The House and Senate have passed
versions of the bill, but hope to resolve differences before the
election recess Friday, according to Senate aides.
"We regulate in this country by counting tombstones," said Barry M.
Sweedler, the former director of the NTSB's office of safety
recommendations. "If you don't have enough people dead, not much
gets done. The pressure isn't there to do it."
In 1993, Amtrak's Sunset Limited jumped the rails on a weakened
bridge and plunged into a bayou near Mobile, Ala., killing 47
people.
The following year, Congress passed the Federal Railroad Safety
Authorization Act of 1994, but it expired four years later and the
FRA has operated without new congressional guidance.
Critics say serious safety issues have gotten short shrift in that
time. Among the most pressing are train operator fatigue — which the
FRA estimates is at least a contributing factor in 25 percent of
serious train accidents — and installation of technology that can
engage the brakes if a train misses a signal or gets off-track.
"A 21st century rail system cannot run safely on laws, technology
and infrastructure from decades ago," complained Sen. Frank
Lautenberg, D-N.J., author of the Senate version of legislation that
would reauthorize the FRA, give it hundreds of new safety inspectors
and add a host of new safety rules.
The FRA, which critics view as too compliant with the railroad
industry, is lukewarm toward some of the proposed changes, and the
railroad industry says heavy regulation isn't the solution. The FRA
says it can do its job without new safety inspectors, and while both
the FRA and the railroad industry claim they support so-called
positive train control technology, neither wants Congress to impose
a timeline.
The FRA also wants to set work hours for rail employees, something
Congress does under a 1907 law. Train crews are now allowed to work
432 hours per month, compared to 100 hours per month for commercial
airline pilots; Lautenberg's bill would cap work at 276 hours per
month.
Part of the tension between the FRA, Congress and the industry is an
artifact of the long history of railroads in this country, which
existed for decades before the FRA was created. Railroads still are
responsible for overseeing their own locomotive engineers and have
primary responsibility for safety inspections on their own property.
George Gavalla, a railroad safety consultant and former head of the
Federal Railroad Administration's safety office, said there are
large areas of railroad activity that are not subject to federal
regulation.
"Over the years, on a piecemeal basis the FRA would issue
regulations to specific problems," Gavalla said. "Every time there's
an accident ... or if there were recurring accidents of a certain
severity, there's a new regulation to address it."
Because of the incremental approach, railroads have developed their
own operational rules and safety procedures.
For example, the operator of the Metrolink train that ran a red
light in Los Angeles was using his cell phone on duty, the NTSB
said. While that was a violation of Metrolink's rules, the FRA has
yet to take action on the cell phone issue. Critics say the process
is painstakingly slow because an advisory committee that discussed
the subject is made up of industry and labor representatives who
rarely agree on safety policies.
After the crash, the California Public Utilities Commission seized
on what it saw as a lack of federal jurisdiction and voted last week
to prohibit train operators from using cell phones while on duty in
the state.
The FRA is a relatively small agency compared to the size of the
railroad industry. It has about 430 inspectors to oversee an
industry with over 235,000 employees and over 1.3 million freight
cars running on 220,000 miles of rail track, according to the
nonpartisan Congressional Research Service. |