Fixing America s Surface Transportation Act: Safety Provisions Affecting Rail Operations. Presented by Justin J. Marks FEBRUARY 22, 2016

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1 Fixing America s Surface Transportation Act: Safety Provisions Affecting Rail Operations Presented by Justin J. Marks FEBRUARY 22, 2016

2 Presentation Summary Overview of the FAST Act Historical background of derailments and collisions that the FAST Act provisions seek to address Review the statutory requirements of the FAST Act Take-Aways 2

3 The FAST Act In-Brief Fixing America s Surface Transportation Act signed December 4, 2015 First long-term comprehensive surface transportation legislation since SAFETEA-LU in

4 Key FAST Act Rail Safety Provisions Locomotive Recording Devices Speed Limit Action Plans Locomotive Alerters Signal Protection Commuter Rail Track Inspections Various PTC Provisions 4

5 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 5

6 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 6

7 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 7

8 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 8

9 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,

10 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 10

11 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 11

12 Section 11407: Locomotive Alerters DOT to promulgate rule requiring working alerters in the controlling locomotive of each passenger train No specified deadline DOT 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 12

13 Section 11408: Signal Protection DOT rulemaking for on-track safety regulations to protect maintenance-of-way workers 18 months after date of enactment Applicable 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 13

14 Section 11409: Commuter Rail Track Inspections Commuter 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 14

15 Section 11409: Commuter Rail Track Inspections 15

16 Section 11409: Commuter Rail Track Inspections DOT 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 16

17 Positive Train Control What it is PTC is a train control technology designed to prevent train-totrain 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 17

18 Positive Train Control 18

19 Positive Train Control Following the Metrolink collision in 2008, Congress passed the Rail Safety Improvement Act Mandates PTC on Commuter rail services, intercity passenger, and freight trains hauling certain hazmat 19

20 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;

21 Positive Train Control As discussed above, PTC may be used as an alternative safety measure under: Speed Limit Action Plans Signal Protection Some point after implementation, Fast Act requires DOT to study possible effectiveness of PTC on reducing highway-rail grade crossings

22 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

23 Take-Aways Keep an eye on that Federal Register DOT will be issuing notices that may impact you Locomotive Recording Devices Locomotive Alerters Signal Protection Commuter Rail Track Inspections

24 Take-Aways Regulations requiring inward facing cameras will not be the end of the story 24

25 Useful Links FAST Act - Conference Report Special Investigation Report on Railroad and Rail Transit Roadway Worker Protection Chicago Metra PTC webpage Infra Insight 25

26 Thank You! Phone jmarks@nossaman.com 26

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