Tag Archives: Rail safety

At time of oil train wrecks and record auto recalls, GOP bill would roll back safety rules

Repost from Fox Business

At time of oil train wrecks and record auto recalls, GOP bill would roll back safety rules

By Joan_Lowy & Tom Krisher, July 16, 2015, Associated Press
Amtrak wreck in Philadelphia
FILE – In this May 12, 2105 file photo, emergency personnel work the scene of a deadly train wreck in Philadelphia. An Amtrak train headed to New York City derailed and tipped in Philadelphia. Despite several years of horrific oil train wrecks and record car and truck recalls, congressional Republicans have decided that the auto and railroad industries suffer from too much safety regulation, not too little. (AP Photo/ Joseph Kaczmarek, File) (The Associated Press)

WASHINGTON –  At a time of record auto recalls and high-profile train wrecks, Republicans are working on legislation to roll back safety regulation of the auto and railroad industries.

A bill approved this week on a party-line vote by a Senate committee brims with industry-sought provisions that would block, delay or roll back safety rules. The measure is to be part of a must-pass transportation bill that GOP leaders hope to put to a vote in the Senate as early as next week.

They are under pressure to act quickly because authority for transportation programs expires on July 31. Without a cash infusion, the government will have to delay highway and transit aid to states.

One provision would block a new Department of Transportation rule requiring that trains hauling crude oil are equipped with electronically controlled brakes that affect cars all at the same time, rather than sequentially. The bill calls for a study of the technology and puts off any regulatory mandate, which could delay implementation for years.

The brake rule was prompted by a series of train wrecks in which cars of crude oil and ethanol exploded, igniting fires that burned for days. Freight railroads oppose the rule, which could cost them billions of dollars.

Another provision would give freight and commuter railroads and Amtrak more time to install a safety system called positive train control. The technology relies on GPS, wireless radio and computers to monitor train position and slow or stop trains in danger of derailing because they’re traveling too fast, are about to collide with another train or are about to enter an area where crews are working on tracks.

A 2008 law requires railroads to have the technology installed and operating by the end of this year. Most are not expected to make that deadline.

The National Transportation Safety Board says that if the technology been in operation, it could have prevented an Amtrak derailment in May that killed eight people and injured about 200 others in Philadelphia, and a derailment that killed four passengers and injured 64 others in New York City in December 2013, as well as other fatal accidents.

Railroads say they have spent billions of dollars on the technology but have been hampered by technical and financial difficulties and need more time.

The bill would effectively allow states to lower the qualifying age for interstate commercial truck drivers from 21 to 18. The provision was sought by the trucking industry, which says there is a shortage of drivers.

Another provision sought by the industry would require the Federal Motor Carrier Safety Administration to remove safety ratings of truck and bus companies from its public website. The companies disagree with the methodology the agency uses for the ratings.

The bill would impose requirements on the motor carrier agency that safety advocates say could stymie new safety regulations by making an already lengthy rulemaking process even more difficult.

Following record auto recalls last year totaling almost 64 million vehicles, the National Highway Traffic Safety Administration asked that its staff be increased and the limit on fines levied on offending automakers be raised to $300 million, from the current $35 million.

The Senate Commerce, Science and Transportation Committee agreed to increase the agency’s budget and double the maximum fine to $70 million, but only after it satisfies 17 recommendations made by the Transportation Department’s inspector general and comes out with regulations identifying all the factors that go into calculating fines. That could effectively delay action on both matters by a year or more.

The chairman, Sen. John Thune, R-S.D., and other Republicans on the committee said the changes were necessary reforms to federal agencies that have overstepped their bounds or have issued regulations that unfairly penalize industry without improving safety. Thune noted the bill contains several provisions sought by Democrats and safety advocates.

One of the biggest would prevent rental car agencies from renting vehicles that are under a safety recall, but have not been repaired. Initially, the bill had said rental car agencies could rent unrepaired cars if they first informed customers.

That was not enough to sweeten the bill for safety advocates.

The GOP bill is “loaded down with giveaways to special interests that will set back safety for years to come,” said Jackie Gillan, president of Advocates for Highway and Auto Safety. “The influence of corporate lobbyists had more sway than commonsense and cost-effective solutions to deadly problems.”

Baltimore City Council holds hearing on crude oil transport

Repost from The Baltimore Sun

City Council holds hearing on crude oil transport

By Christina Jedra, July 8, 2015, 9:57pm
Crude oil train in Maryland
Port Deposit, MD — A Norfolk-Southern train transporting crude oil heads north through Port Deposit past a railroad crossing near the U.S. Post Office. Amy Davis / Baltimore Sun (Amy Davis / Baltimore Sun)

The City Council held its first public hearing Wednesday on the safety of shipping crude oil through Baltimore, with environmental advocates expressing concern about the practice.

“Right now, we are in a blast zone,” said Mike Tidwell, director of the Chesapeake Climate Action Network. “City Hall is in a blast zone.”

According to advocates, 165,000 Baltimore residents live within a one-mile radius of train routes that are potentially vulnerable to explosions from crude oil train derailments.

City Council Vice President Edward Reisinger said the informational hearing was called to evaluate the threat the shipments pose to the city.

Reisinger said recent derailments — such as one in Quebec in July 2013 that killed 47 people in a massive explosion — are cause for concern. He also pointed to an April 2014 derailment in Lynchburg, Va., that spilled thousands of gallons of crude oil into the James River.

The hearing Wednesday evening at City Hall lasted about two hours. Dozens of advocates — many from the climate action network and Clean Water Action — held a rally outside earlier.

“It’s not a matter of if another oil train will derail … it’s only a question of when,” said the Rev. Amy Sens of six:eight United Church of Christ.

The Maryland Department of the Environment recently denied an application by a Houston-based company to ship crude oil through Baltimore’s port terminal near Fairfield. A Connecticut-based company, Axeon Specialty Products, ships tens of millions of gallons of crude oil through the terminal.

It’s not known how much crude oil is shipped through the city or state. Norfolk Southern and CSX sued the state agency to prevent it from releasing the information.

Tidwell said the “No. 1 thing” advocates want is transparency — knowing the quantities, routes and times that hazardous materials are transported in local areas.

Trisha Sheehan, the regional field manager of Moms Clear Air Force, said she would like to see trains rerouted away from “vulnerable populations,” such as hospitals and schools, and a transition to renewable energy sources.

City emergency management officials answered questions for council members. Executives from rail companies, including Norfolk Southern and CSX, also were invited to attend.

Jon Kenney, a community organizer for the climate action network, said the hearing was necessary to raise public attention.

“Residents of Baltimore want [the council] to take action on oil trains in their communities,” Kenney said. “We have been talking to community members who live along the rail routes, and they are concerned. The rail companies are keeping everyone in the dark.”

Reisinger said the council can take little action to influence the sorts of shipments made along rail lines. Still, he said, it is important to discuss how prepared the city and the companies are to safeguard communities from future accidents.

Dave Pidgeon, a spokesman for Norfolk Southern, said company officials recognize that communities like Baltimore look to them to operate the rail lines safely. He said Norfolk Southern has long had a record of safe delivery of hazardous materials.

“This country depends on the railroads to operate safely,” he said. “That is something we have to shoulder.”

He declined to say how much crude oil Norfolk Southern transports through Baltimore, citing safety concerns, among other reasons. Crude oil makes up less than 2 percent of the company’s total traffic, he said.

He said the company works to make sure the shipments it delivers are carried on tank cars that meet the strictest safety standards.

“We have no choice,” Pidgeon said. “We have to haul hazardous material, including crude oil. If a customer gives us a tank car that meets safety standards, we have to haul it. There’s no question.”

Two months since Amtrak 188 derailed, what’s changed and why big problems remain: ‘It’s actually cheaper to kill people’

Repost from BillyPenn.com

NTSB_2015_Philadelphia_train_derailment_3
Philadelphia Amtrak 188 derailment. NTSB

Two months since Amtrak 188 derailed, what’s changed and why big problems remain: ‘It’s actually cheaper to kill people’

By Anna Orso, July 7, 2015, 9:00 am

In the two months since Amtrak 188 derailed in Philadelphia, killing eight people and injuring hundreds, the train giant has said that it’s making a number of changes to ensure better railroad safety. But is it really doing much beyond what it was already supposed to before the crash?

That depends on who you ask. Amtrak says it’s made a number of technological changes in wake of the crash to improve safety features. However, that admission came after the National Transportation Safety Board basically said the crash could have been prevented if Amtrak had it’s stuff together.

The major feature on railroad safety advocates’ list for decades is a way to automatically slow down trains on certain segments of track. Called Positive Train Control technology, federal regulators had mandated that all passenger train companies have it installed by the end of this year. The NTSB said this would have prevented the train, operated by engineer Brandon Bostian, from hitting 106 mph as it flew around a rated-for-50-mph curve in Philly.

Amtrak will be done installing PTC by the end of December, thus making the deadline and becoming the first “Class 1″ railroad company to do so. Spokesman Craig Schulz says the company is in the process of putting in “Advanced Civil Speed Enforcement Systems” to ensure trains are operated at safe speeds along the Northeast Corridor, spending more than $110 million since 2008 to install PTC.

The company also is quick to point out that in the immediate aftermath of the crash, it installed (read: fixed) a “code change point” in the signal system on the eastbound tracks just west of the Frankford Curve, meaning that trains traveling east from Philadelphia to New York approach the curve at 45 mph in accordance with the speed limit there. They’re not so quick to point out that this technology was previously required.

Amtrak, according to Schulz, has also committed to installing inward-facing video cameras in its fleet of ACS-64 locomotives in service on the Northeast Corridor by the end of this year and will comply with additional Federal Railroad Administration regulations released earlier this year. Cameras like this would have shown what, for instance, Bostian was doing as the train hit the curve at nearly double the recommended speed.

But the lawyers circling this case say these actions are a day late and a dollar short.

Bob Pottroff, a Kansas-based attorney who’s a railroad safety expert, is consulting with several of the personal injury lawyers who are representing victims in lawsuits against Amtrak and other parties. A number of those court actions have already been filed, including two of behalf of families whose loved ones were killed in the crash.

It’s expected the lawsuits against Amtrak will be consolidated, and the company will only be liable for a total of $200 million because of a cap put in place by Congress in 1997. This means that no matter how many people are killed or injured in a train crash, Amtrak will never be asked to pay up more than $200 million in total.

Pottroff thinks removing this cap would be the best way to get large railroad companies to stop dragging their feet on installing new and better technologies that he advocates should have been installed years ago.

“If you really want to scare the hell out of the railroad industry, the first thing to do is remove the damage cap,” he said. “They’re saying ‘we’re never going to have to pay more than $200 million,’ so any project that costs more doesn’t make sense.

“The failing state of our railroad infrastructure would probably cost closer to $200 billion to fix. It’s actually cheaper to kill people.”

And for Amtrak, someone has to be concerned about saving money. The transportation giant is staring down potentially massive cuts to its federal funding, after $270 million in cuts were approved by the House along party lines right after the crash. Democrats and safety advocates have rallied against slashing of funding.

Meanwhile, Amtrak is still focused on making train trips — especially along the Northeast Corridor which had 11.6 million riders in fiscal year 2014 — faster. Slowing down trains when they go around curves would counter those goals.

Pottroff said his fear is that Amtrak can make promises in wake of accidents, but he says the FRA hasn’t set up penalties for what could happen if the company doesn’t follow through with regulations in a timely manner. He says there aren’t any checks on the company.

“Nothing really has changed,” he said. “Until the FRA grows some teeth, they’re going to be a mouthpiece. We will go on hiding the ball on the real causes of problems until we have government oversight that is effective.”

Blocking the Bomb Trains: Nationwide Protests On Lac-Megantic Anniversary

Repost from DeSmogBlog
[Editor:  See also video coverage of the Portland vigil on WMTW8 ABC TV.  – RS]

Blocking the Bomb Trains: Nationwide Protests On Lac-Megantic Anniversary

By Justin Mikulka, July 6, 2015 – 16:35
Portland Climate Action Coalition Blocks Rail Tracks on Anniversary of Lac Mégantic Disaster

It’s corporate greed versus the common good, whether it’s rail safety or climate change.”

Those were the words of Lowen Berman, a Portland activist involved in a blockade of oil train tracks to mark the second anniversary of the Lac-Megantic oil train disaster.

Berman and 60 other activists protested in Portland today as part of a national Oil Train Week of Protests led by 350.org and ForestEthics.

A Portland, OR, memorial to the 47 people incinerated by a bomb train in Lac Megantic. photo courtesy of Climate Action Coalition

Portland’s Climate Action Coalition sponsored the blockade at Arc Logistics for a memorial service on the two-year anniversary of the oil train derailment that killed 47 people in Lac-Mégantic, Quebec.

While activists in Portland were protesting against the danger of bomb trains on the anniversary of the disaster in Lac-Megantic, activists in Lac-Megantic were also marching.

Emotions and politics are tied together in this, unfortunately,” Jonathan Santerre, an activist and founder of the Carré bleu Lac-Mégantic citizens’ group told the Montreal Gazette. “It’s shocking that after everything that happened, people’s lives still come second to money.”

Santerre has a point. As detailed on DeSmogBlog, the events in Lac-Megantic can be directly attributed to corporate cost cutting.

In Portland, the activists were blockading tracks where oil trains travel weekly through North Portland. The Climate Action Coalition is calling for an end to fossil fuel development and an immediate transition to a renewable energy.

At the same time, a new report by the Sightline Institute predicts that if all of the currently planned projects for oil-by-rail infrastructure in the Northwest are completed, they would require more than 100 loaded mile-long trains per week to traverse the Northwest’s railway system.

And residents along the tracks are becoming increasingly aware of the threats. In addition to the protests in Portland, activists were arrested in Benicia, California today protesting the oil trains.

In Albany, New York — the largest distribution hub on the East coast for oil trains, earning it the nickname Houston on the Hudson — there was another protest.

There is much to fear among residents living near the tracks within the blast zone, and you certainly don’t have to be an environmentalist to care about this public safety threat. Sadly, The Hill suggests that this whole week will be marked by protests by “greens.”

There is no doubt that there is increased awareness and efforts to try to protect the millions of people who live near the tracks carrying dangerous oil trains. However, as we wrote over a year ago here at DeSmog, the people of Lac-Megantic still want the executives at the top to be held accountable. As one local said at that time as they arrested the train engineer and other low level employees involved in the Lac-Megantic disaster, “It’s not them we want.”

With the new rail regulations doing little to protect people, and the CEOs of rail and oil companies supporting lawsuits challenging the new weak regulations, it is unlikely things will change. As the Portland activist said today, “It’s corporate greed versus the common good.”

Lac-Megantic is a stark example of how corporate greed is winning.