Proposed Loosened Requirements Could Increase Risk Of Derailments, Spillage Of Dangerous Materials Like Crude Oil
Today, U.S. Senator Kirsten Gillibrand, the top-ranking Democrat on the Senate Appropriations Transportation Subcommittee, is expressing concern about an attempt to reduce track inspections and otherwise loosen rail safety requirements. She is calling on the Federal Railroad Administration to maintain its commitment to strong safety standards.
If approved, the waiver would reduce the frequency of visual track inspections that railroads are required to conduct from twice a week to twice a month. They would also extend the time allowed to address identified track defects from immediately to a delay of up to three days. This means that passenger trains and trains carrying hazardous materials could be permitted to travel over tracks with known safety issues for as long as three days before repairs are made.
“Throughout New York and across the country, frequent inspections are vital to rail safety and efficiency. Although new safety technologies should be utilized whenever possible, we must ensure that we do not become overly reliant on new technologies and compromise existing, necessary safety practices,” said Senator Gillibrand. “I am very concerned that this proposal would reduce the quality of track inspections and slow the repair of track defects. I urge the administration to deny this request, and I will continue to fight to increase the safety, efficiency, and reliability of rail systems across the country.”
A full copy of the letter can be found here or below.
Dear Mr. Feeley:
We write to express our concerns with a proposal from the Association of American Railroads to reduce track inspections and lessen requirements to repair track safety defects. The Biden Administration made rail safety a priority, and last year the freight railroad derailment rate decreased by 18 percent, the greatest reduction in the derailment rate in 40 years. We look forward to working with you to continue this downward trend.
We are supportive of the deployment of advanced safety technologies; but the Federal Railroad Administration should take care not to allow railroads to become overly reliant on technology. AAR on behalf of the Class I railroads, is seeking a waiver to loosen track safety inspection and repair requirements in exchange for deploying automated track inspection (ATI) technology. We know automated track inspection technology works; it has been around since the 1970s. Last year, the Biden Administration proposed requiring railroads to use this important safety technology. However, we are concerned that the exemptions from safety requirements the railroads are seeking could increase risks.
The waiver requests a decrease in the visual track inspections that railroads are required to conduct, from twice a week to twice a month. While automated track inspection technology is more effective at identifying track geometry defects, there are other safety issues that visual inspections may identify that automated track inspections may not. In fact, track inspectors are trained to look for 17 other kinds of track safety issues, other than track geometry issues, that could cause derailments, including broken rail ties, missing track spikes, and obstructions in the right of way that a train could hit. The waiver does not explain how reducing railroads’ obligation to check for the track issues that ATI technology cannot detect by up to 75 percent will reduce derailments.
Additionally, the waiver requests railroads that use ATI machines be allowed to take up to 72 hours to address a track safety defect once it is identified. Currently, if a human inspector finds a track defect, the track must be fixed immediately, or other remedial action must be taken, such as slowing the speed of trains on the track. If approved, this waiver would allow passenger trains and trains carrying crude oil, vinyl chloride, benzene, and other hazardous materials to travel over track with a known safety issue for up to three days. The waiver does not explain how slowing remediation response times for track safety defects will improve safety.
The National Transportation Safety Board has also expressed concerns with over relying on this technology. In its investigation of a September 2021 Amtrak Empire Train derailment on BNSF track in Joplin, Montana, the independent investigators at the National Transportation Safety Board stated that automated track inspections “do not capture the diverse array of unique track hazards detectable to human inspectors.” The report went further and said they “should not be used to supplant an inspector physically examining a track.[2]” We are concerned that the AAR’s proposal would do just that, reducing the inspections for all track safety issues that are currently inspected by humans in exchange for potentially improving the inspection of track geometry issues.
For these reasons, we request that you deny the Association of American Railroads’ request to waive track safety requirements and rather finalize the Biden Administration’s proposal to require railroads to use automated track inspection technology.
Sincerely,
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