Summary of HR 2095, The Federal Railroad Safety Improvement Act of 2007
Section 101. Establishment of Federal Railroad Safety Administration. Reorganizes the Federal Railroad Administration as the Federal Railroad Safety Administration (FRSA), which shall consider the assignment and maintenance of safety as the highest priority. This section also creates a new position at the FRA, entitled Chief Safety Officer who is appointed in the competitive service by the Secretary.
Section 102. Railroad Safety Strategy. This section requires the Secretary to develop a long-term strategy for improving railroad safety, which must include a plan and schedule for reducing the number and rates of accidents, injuries, and fatalities involving railroads; improving the consistency and effectiveness of enforcement and compliance programs; identifying and targeting enforcement at, and safety improvements to, high-risk grade crossings; and improving research efforts to enhance and promote railroad safety and performance.
Section 103. Reports. This section requires the Inspector General of the Department of Transportation (DOT) to submit a report to the Secretary and the FRSA within 30 days of the date of enactment, which lists each statutory mandate regarding railroad safety that has not been implemented and each open safety recommendation made by the National Transportation Safety Board (NTSB) or the Inspector General regarding railroad safety. This section also requires the Secretary to transmit a report to Congress within 30 days of the date of enactment and every 180 days thereafter on the specific actions taken to implement each statutory mandate. The Secretary is required to also submit an annual report to Congress containing each NTSB and Inspector General recommendation, a copy of the Department’s response to each recommendation, and a progress report on implementing each recommendation.
Section 104. Rulemaking Process. This section states that when a regulation references a standard of an association that any subsequent changes to those standards must be considered in a new rulemaking.
Section 105.
Authorization of Appropriations.
This section authorizes
appropriations over a period of four years for the Secretary of Transportation
to carry out its safety responsibilities. Of the amounts appropriated, the
Secretary is required to purchase six Gage Restraint Measurement System
vehicles and five track geometry vehicles to enable the deployment of 1 Gage
Restraint Measurement System vehicle and 1 track geometry vehicle in each
region. This funding will help increase inspection of railroad track for
defects. Funding is also authorized for the design, development, and
construction of a Facility for
Underground Rail Station and Tunnel at the
Title II – Employee Fatigue
Section 201. Hours of Service Reform. This section strengthens hours-of-service for signalmen and train crews. For the signalmen, this section: (1) ensures that all signalmen are provided with at least 10 consecutive hours of rest (right now it’s 8 hours of rest for less than 12 hours of work and 10 hours of rest for 12 hours of work); (2) ensures that all signalmen will be provided with at least 24 consecutive hours of rest in a seven-day consecutive work period; (4) ensures that all independent contractors and subcontractors that perform signal work are governed under the hours-of-service law; (5) limits the number of days signalmen can exceed their hours-of-service in emergency time to no more than three days in a seven consecutive day work period (this is consistent with the dispatcher limits); (6) prevents railroads from forcing signalmen into emergency time for routine repairs, maintenance, and inspection of signal systems; and (7) prohibits railroads from communicating with signalmen during their off duty time to enable them to obtain adequate rest.
For train crews, this section: (1) ensures that all train crews (locomotive engineers and conductors) are provided with at least 10 consecutive hours of rest (right now it’s 8 hours of rest for less than 12 hours of work and 10 hours of rest for 12 hours of work); (2) ensures that all train crews will be provided with at least 24 consecutive hours of rest in a seven-day consecutive work period; (3) eliminates limbo time; and (4) prohibits railroads from communicating with train crews during their off duty time to enable them to obtain adequate rest.
Section 202. Employee Sleeping Quarters. This section prohibits railroads from providing sleeping quarters, such as camp cars or trailers, in an area or in the immediate vicinity of an area in which railroad switching or humping operations are performed. Such sleeping quarters prevent railroad workers from obtaining adequate rest.
Section 203. Fatigue Management Plans. This section requires all railroads to submit to the Secretary for review and approval a fatigue management plan that is designed to reduce the fatigue experienced by railroad employees and to reduce the likelihood of accidents and injuries caused by fatigue. Each plan must address the safety effects of fatigue on all employees, including employees not covered by this chapter, such as maintenance-of-way workers.
Section 204. Regulatory Authority. This section authorizes the Secretary of Transportation to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level more restrictive than the level established under chapter 201 of title 49, United States Code, and to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established such chapter.
Section 205. Conforming Amendment. This section deals with civil penalties for hours-of-service violations. Current law states that “a railroad carrier is deemed to know the acts of its officers and agents.” This section ensures that the railroad carrier is deemed to also know the acts of its managers and supervisors.
Title III – Protection of Employees and Witnesses
Section 301. Expansion of Employee Protections. This section strengthens whistleblower protections for railroad workers. The process for filing a petition for relief is modeled after the rail security bill in that it is filed with the Secretary of Labor, which is consistent with the whistleblower process for other transportation workers. Under current law, the petition must go through the National Mediation Board.
Title IV – Grade Crossings
Section 401. Toll-Free Number to Report Grade Crossing Problems. This section requires railroads to establish, maintain, and post a toll-free number at all grade crossings to receive calls reporting malfunctions of signals, crossing gates, and other devices, or disabled vehicles blocking such crossings. Upon receiving a call, the railroad is required to immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle, and contact the appropriate public safety officials having jurisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of a disabled vehicle, or carry out other activities appropriate to responding to the hazardous condition.
Section 402. Roadway User Sight Distance at Highway-Rail Grade Crossings. This section requires railroads to remove and maintain clear from its right-of-way at all grade crossings all vegetation that may obstruct the view of pedestrians and motor vehicle operators for a reasonable distance in either direction. The section prevents such regulations from preempting a state from enforcing or enacting stricter laws and regulations covering responsibility for the removal of vegetation from the railroad right-of-way.
Section 403. Grade Crossing Signal Violations. This section requires the Secretary to conduct a review of current local, State, and Federal laws regarding grade crossing signal violations and develop model legislation for State and local governments providing for civil or criminal penalties, or both, for violations of grade crossings.
Section 404. National Crossing Inventory. This section requires all railroads and States to report information on grade crossings to the Secretary to enable the Secretary to update the DOT’s grade crossing inventory. This will help states determine where best to dedicate their resources to crossing improvements.
Section 405. Accident and Incident Reporting. This section requires the FRSA to conduct an audit of each Class I railroad at least once every two years and conduct an audit of each non-Class I railroad at least once every five years to ensure that all grade crossing collisions and fatalities are reported to the national accident database, as recommended by the DOT’s Inspector General.
Section 406. Authority to Buy Promotional Items to Improve Railroad Crossing Safety and Prevent Railroad Trespassing. This section authorizes the Secretary to purchase promotional items of nominal value to distribute to the public without charge to educate or raise awareness of the dangers of highway-rail crossings and improve safety.
Title V – Enforcement
Section 501. Enforcement. This section clarifies that the Attorney General may bring a civil action in a district court of the United States to: (1) enjoin a violation of, or to enforce, this part or a railroad safety regulation prescribed or order issued by the Secretary; (2) collect a civil penalty imposed or an amount agreed on in compromise under section 21301 (general railroad safety violations), 21302 (accidents and incident violations), or 21303 (hours-of-service violations) of this title; and (3) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition.
Section 502. Civil Penalties. This section increases the ceiling for civil penalties for general railroad safety violations, accidents and incident violations, and hours-of-service violations from $10,000 to $100,000, and allows for adjustment for inflation. The floor is still $500.
Section 503. Criminal Penalties. This section increases the maximum penalty for failing to file an accident or incident report on time from $500 to $2,500, and the maximum penalty for each day after the due date from $500 to $2,500.
Section 504. Expansion of Emergency Order Authority. This section allows the Secretary to issue emergency rules or restrictions in the event of significant harm to the environment. Current law allows the Secretary to issue emergency rules or restrictions in the event of death or personal injury.
Section 505. Enforcement Transparency. This section requires increased transparency of all enforcement actions taken by the FRSA. Each month, the FRSA must release to the public a report summarizing all enforcement action taken by the FRSA. This section is modeled after the pipeline bill that was enacted at the end of the 109th Congress.
Section 506. Interfering With or Hampering Safety Investigations. This section makes it unlawful to knowingly interfere, obstruct, or hamper an investigation by the Secretary of Transportation or the NTSB. This also includes attempts to harass, intimidate, mislead, or coerce another person with the intent to hinder, mislead, or prevent that person from cooperating with any investigation by the Secretary or the NTSB. Any person found violating this section may be fined or imprisoned for up to one year or both.
Section 507. Railroad Radio Monitoring Authority. This section allows the Secretary to authorize his or her subordinates and agents, such as Federal railroad safety inspectors, to monitor and record railroad radio communications and, with certain exceptions, to use those communications and the information they contain, for the purpose of accident prevention, including, but not limited to, accident investigation. Information obtained through such monitoring and recording would not be admissible into evidence in any administrative or judicial proceeding, with two exceptions. First the provision would not bar admission in evidence of the intercepted communication in a judicial proceeding for the prosecution of a felony under Federal or State law. Second, the provision would not bar admission of the intercepted communication for impeachment purposes in seven enumerated types of railroad safety proceedings. In addition, information is not subject to publication or disclosure, or search or review in connection therewith, under section 552 of title 5.
Section 508. Safety Inspectors. This section requires the Secretary to increase the number of Federal rail safety inspectors by about 100 inspectors per year for a total of at least 800 Federal rail safety inspectors by the end of fiscal year 2011. There are currently 421 Federal rail safety inspectors and 160 State inspectors.
Title VI – Miscellaneous Provisions
Section 601. Positive Train Control Systems. This section requires Class I railroads, within 12 months after the date of enactment of this Act, to develop and submit to the Secretary for review and approval a plan for implementing a positive train control system by December 31, 2014. The Secretary must submit a report to Congress no later than December 31, 2011, on the progress of the railroads in implementing the systems.
Section 602. Warning in
Section 603. Track Safety. This section requires the Secretary to issue a regulation requiring railroads to manage the rail in their tracks to minimize accidents due to internal rail flaws. At a minimum the regulations must require the railroads to conduct ultrasonic or other appropriate inspections to ensure that rail used to replace defective segments of existing rail is free from internal defects, as recommended by the NTSB; require railroads to perform integrity inspections to manage a service failure rate of less than .1 per track mile; and encourage railroad use of advanced rail defect inspection equipment and similar technologies as part of a comprehensive rail inspection program. The section also requires the Secretary to develop and implement regulations for all classes of track for concrete ties, as recommended by the NTSB.
Section 604. Certification of Conductors. This section requires the Secretary to prescribe regulations to establish a program requiring the certification of train conductors. The section ensures that conductors on passenger trains are trained in security, first aid, and emergency preparedness. Locomotive engineers are currently certified in accordance with Federal law.
Section 605. Minimum Training Standards. This section requires the Secretary to establish minimum training standards for each craft of railroad employees. It also requires the railroad carriers to submit their training and qualification programs to the Federal Railroad Safety Administration for approval.
Section 606. Prompt Medical Attention. This section requires a rail carrier to provide rail workers with immediate medical attention when the workers are injured on the job.
Section 607. Emergency Escape Breathing Apparatus. This section requires railroads to provide emergency breathing apparatus for all crewmembers on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of unintentional release and provide such crewmembers with appropriate training for use of the breathing apparatus, as recommended by the NTSB.
Section 608. Locomotive Cab Environment. This section requires the Secretary to transmit a report to Congress on the effects of the locomotive cab environment on the safety, health, and performance of train crews.
Title VII – Rail Passenger Disaster Family Assistance
Section 701. Rail Passenger Disaster Family Assistance. This section contains a bill that was passed by the Committee and subsequently the House in the 108th Congress, H.R. 874. The bill requires the Chairman of the NTSB, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of an NTSB employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families; and (2) designate an independent nonprofit organization (with experience in disasters and post-trauma communication with families) which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents.