Federal Comments

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Association of American Railroads (AAR)’s request to the Federal Railroad Administration to open an emergency docket under 49 CFR 211.45 to provide relief from its waiver from certain provisions contained in 49 CFR 229 and 49 CFR 232.15 for upwards of 14 days. TTD consists of 37 affiliated unions representing the totality of rail labor, including employees on all the Class I railroads covered by the AAR’s request. For the reasons outlined below, we ask that the FRA deny the AAR’s request.

Current weather conditions do not rise to the level of an “emergency event” or “emergency situation” as required under 49 CFR 211.45. Unsurprisingly, in the middle of January, several parts of the country are experiencing very low temperatures and snow. Such conditions occur regularly and railroads should be prepared. Furthermore, this ongoing winter weather event is not as severe as other winter storms that have occurred  in just the last five years.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding Union Pacific Railroad Company’s (UP) petition to extend its waiver from certain provisions contained in 49 CFR 232.213. The current waiver allows UP to operate designated extended-haul trains for distances of up to 1,680 miles, beyond the limit of 1,500 miles stipulated in the regulation. TTD consists of 37 affiliated unions, representing the totality of rail labor, including UP employees.[1] For the reasons outlined below, we ask that the FRA deny Union Pacific’s petition to extend its waiver.

In support of its request, UP states that it reviews with the FRA “the list of trains associated with this waiver at a frequency of no less than once per quarter” and “adjustments are made accordingly.” UP further explains that “over a 56-month period, the incident rate has been no more than .055%, [which were] four events comprised of wheelset, axle, and journal bearing defects.” Per the federal statute governing the Secretary’s ability to grant safety waivers, the Secretary may grant waivers only “if such waiver or suspension is in the public interest and consistent with railroad safety.”[2] UP acknowledges in its waiver extension request that the trains covered by the existing waiver had a higher incident rate, .055%, than extended-haul trains that undergo inspections of 1,500 miles. These trains had a lower incident rate of .036%. While UP claims the difference is “negligible,” it is unwise to claim that additional accidents are negligible, as evident by the East Palestine, Ohio derailment. Delaying required mechanical testing and inspection unequivocally exposes workers and the communities along UP’s rail lines to unnecessary risk and lacks consistency with railroad safety.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Transit Administration’s (FTA) notice of availability of proposed updates to its National Public Transportation Safety Plan. TTD consists of 37 affiliated unions, including those representing the majority of public transportation workers in the United States, who have a significant interest in ensuring the Public Transportation Safety Certification Training Program (PTSCTP) adequately addresses safety training needs.[1] Additionally, we endorse the comments filed by our affiliates, the Transport Workers Union of America (TWU) and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).

As the FTA explains, this NPRM proposes to amend the PTSCTP regulation at 49 CFR part 672. Specifically, the proposed rule adds administrative requirements for recipients that are subject to the requirements of the rule, in addition to maintaining the existing minimum training requirements for State Safety Oversight Agency (SSOA) employees and contractors who conduct reviews, inspections, examinations, and other safety oversight activities of public transportation systems, and employees and contractors who are directly responsible for the safety oversight of a rail fixed guideway public transportation system.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) Advanced Notice of Proposed Rulemaking (ANPRM) on the modernization of the Hazardous Materials Regulations (HMR). TTD consists of 37 affiliated unions, representing the totality of rail labor and first responders who are vital to the safe transportation of hazardous materials.[1] We therefore have a vested interest in this matter. Additionally, TTD endorses the comments of our affiliates, the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD). We respectfully request that the PHMSA take our feedback into consideration.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding a joint Request for Amendment (RFA) received from 20 rail carriers to modify their FRA-approved Positive Train Control Safety Plans (PTCSP) for their Interoperable Electronic Train Management Systems (I–ETMS). TTD consists of 37 affiliated unions representing the totality of rail labor and we therefore have a vested interest in this matter.[1] Additionally, TTD endorses the comments of our affiliate, the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD).

TTD has previously commented on how Positive Train Control (PTC) systems provide an additional layer of safety for rail workers and the public.[2] These systems are designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zones, and movements of trains through switches left in the wrong position. The National Safety Transportation Board (NTSB) first recommended that PTC be required in 1969 and Congress subsequently mandated PTC systems in the 2008 Rail Safety Improvement Act (RSIA) to save lives and reduce injuries.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding the Port Authority Trans-Hudson Corporation’s (PATH) petition to extend its waiver of compliance from certain provisions of the federal railroad safety regulations contained at 49 CFR part 214 (Railroad Workplace Safety). TTD consists of 37 affiliated unions representing the totality of rail labor, including roadway and track employees, and therefore have a vested interest in this proceeding. We strongly endorse the comments of our affiliates, the Brotherhood of Maintenance of Way Employes Division-Teamster Rail Conference (BMWED), the Brotherhood of Railroad Signalmen (BRS), the International Brotherhood of Electrical Workers (IBEW), and the Transport Workers Union of America (TWU). We respectfully request that the FRA hold a public hearing in order to receive testimony from stakeholders and other interested parties.

Specifically, PATH is requesting continued relief from the definition of “fouling a track” as defined in 49 CFR 214.7, at “certain locations within PATH’s tunnel system if certain conditions are met.” In addition, PATH seeks to allow tunnel bench walls to be considered a “place of safety” under § 214.329 (Train Approach Warning) for the safety and efficiency of roadway maintenance procedures at those locations. The rail labor organizations noted above strongly opposed PATH’s initial waiver request due to our significant safety concerns. The partial relief the FRA granted in 2018, which PATH now seeks to extend, does not adequately address these safety issues and falls short of providing sufficient protection for roadway and track workers.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Surface Transportation Board’s (STB) notice of proposed rulemaking regarding reciprocal switching for inadequate rail service. TTD consists of 37 affiliate unions representing the totality of rail labor.[1] Our affiliated unions represent workers across all railroad crafts, who are vital to keeping our railroad system operating successfully and safely every day. We appreciate the Board’s effort to address the longstanding issues with Class I railroad service, but we continue to have concerns about reciprocal switching and the current proposed rule as outlined below.

By way of background, rail labor expressed significant concerns about the Board’s 2016 proposal to require reciprocal switching in response to shipper complaints about a dearth of competition in certain locations or for certain commodities.[2] Rail labor believed that forcing railroads to engage in this practice so that select shippers could lower rates on a specific route undermines the ability of freight railroads to maintain a national network and serve all customers. Additionally, reciprocal switching can interfere with labor agreements in some cases and cause the dislocation of existing operating employees.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) notice of proposed rulemaking to require all railroads to generate and make available to first responders electronic train-consist information relevant to the transportation of hazardous materials by rail. TTD consists of 37 affiliate unions, including freight rail workers, first responders, and dispatchers who interact with hazardous materials on a daily basis.[1] We applaud PHMSA for taking this important step forward and encourage the agency to consider the recommended changes to the proposed rule detailed below. In addition, we endorse the comments submitted by our affiliate, the International Association of Fire Fighters (IAFF).

October 13, 2023 The Honorable David H. Boulter Acting Associate Administrator, Aviation Safety Federal Aviation Administration 1200 New Jersey Ave, SE Washington, DC 20590 RE:     Regulatory Definitions of On-Demand Operation, Supplemental Operation, and Scheduled Operation Docket No. FAA-2023-1857 Mr. Boulter: On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to […]

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Transportation Security Administration’s (TSA) notice of proposed rulemaking to require security vetting of certain public transportation, railroad, and over-the-road-bus (OTRB) employees. TTD consists of 37 affiliated unions that represent employees working across the transportation sector, including rail and public transit employees. We therefore have a vested interest in this rulemaking. Transportation labor has long been at the forefront of demanding the strongest federal measures to protect the transportation infrastructure and systems that have been terrorism targets. We believe that efforts to secure our transportation system must strike a balance. They should provide protection and security against the terrorist threat environment while also preserving the legitimate rights of employees. To that end, we encourage the TSA to conduct additional, proactive outreach to stakeholders, including transportation labor, as it finalizes this rulemaking.