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Federal Comments

FRA Should Collect Additional Freight Rail Accident Data

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) request for comment on an Information Collection Request (ICR) related to amending the current railroad accident/incident reporting regulations (Form FRA F 6180.54) to add (1) the length of the involved trains, in feet, and (2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers. We therefore have a vested interest in this ICR.

These changes would bring the FRA into compliance with a congressional mandate in the Bipartisan Infrastructure Law to add (1) the number of cars and length of the involved trains; and (2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident to Form FRA F 6180.54 (“the Form”) for a five-year period.

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Waiver Compliance Failures Are Safety Failures

By Admin

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’s (UP) petition to extend its waiver allowing Class I brake tests and other mechanical inspections associated with a train entering the United States at Calexico, California to be performed at alternate locations instead of immediately at the border. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA deny UP’s petition to extend its waiver.

This requested waiver is similar to ones that UP requested earlier this year covering three other locations on the border: Nogales, Arizona; Laredo, Texas; and Eagle Pass, Texas. TTD filed comments opposing those waiver requests.[1] This waiver request touches on the same concerns regarding cross-border train operations.

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Permanent Waivers Will Harm Rail Safety

By Admin

We respectfully submit these comments on behalf of the Railroad Labor Organizations identified below, in response to the Notice of Petition for Waiver of Compliance published in the Federal Register on April 7, 2023 by the Federal Railroad Administration concerning the Canadian Pacific Railway Company’s (“CP” or “the Petitioner”) petition to extend its waiver of compliance from certain provisions of the federal railroad safety regulations contained at 49 C.F.R. part 241, United States Locational Requirement for Dispatching of United States Rail Operations. In addition to the policy issues with CP’s request, the unprecedented nature of CP’s request to get a permanent waiver is alarming, would set a dangerous precedent, and undercuts the entire regulatory process. The Notice states that (emphasis ours):

Specifically, CP requests an extension of relief and permanent waiver pursuant to 49 CFR 241.7(c), Fringe border dispatching, to allow the continuation of Canadian dispatching of three locations in the United States: (1) 1.8 miles of the Windsor Subdivision between Windsor, Ontario, Canada, and Detroit, Michigan, United States; and (2) two track segments totaling 23.44 miles on the Newport Subdivision between Richford, Vermont, and East Richford, Vermont, United States and between North Troy, Vermont, and Newport, Vermont, United States.

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FRA Must Not Compromise on Rail Training, Safety

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) request for comment on a petition from BNSF Railway Company (BNSF) for a waiver of compliance from the “hands-on” component of periodic refresher training required by 49 CFR 232.203(b)(8). TTD consists of 37 affiliate unions representing many kinds of transportation workers, including BNSF employees. We therefore have a vested interest in this petition. Because virtual training is not a sufficient substitute for hands-on training, we ask that the FRA deny the petition.

Current regulation requires refresher training every three years for railroad employees that perform brake system inspections, tests, or maintenance. BNSF’s request for relief would allow it to continue to use its Air Brake System Virtual Training Environment (ABSVTE) simulation training for brake inspections instead of hands-on refresher training on mandatory brake inspection and equipment. TTD opposes this waiver extension, which is consistent with TTD’s previous opposition to replacing hands-on training requirements with virtual training.

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Strong Buy America Policy Should Not Include Decades Long Waivers

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Highway Administration’s (FHWA) Request for Information regarding Buy America Requirements for Manufactured Products. TTD consists of 37 affiliate unions representing workers in construction and manufacturing who are directly impacted by Buy America policies.

The general applicability waiver discussed in this docket has survived for 40 years and has outlived its usefulness. Such broad and general waivers should never be used when targeted, time-limited, and transparent waivers can serve instead. In this case, targeted waivers would create market signals to increase U.S. production of needed manufactured products and their upstream components, inputs, and materials.

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Railroads Must Be Held Accountable for Failure to Comply with Waiver Requirements

By Admin

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’s (UP) petition to extend its waiver allowing Class I brake tests and other procedures associated with a train entering the United States to be performed at alternate locations instead of immediately at the border. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA deny UP’s petition to extend its waiver. Additionally, we endorse the comments of our affiliate, the Brotherhood of Locomotive Engineers and Trainmen (BLET).

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Warning Sounds are Necessary to Prevent Rail Collisions

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of its intent to review a quiet zone located in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida. TTD consists of 37 affiliated unions representing the totality of rail labor, including rail workers who operate on these lines. For the reasons outlined below, we ask that the FRA end the current quiet zone order for this area to increase safety for workers and communities surrounding rail lines. Additionally, we endorse the comments of our affiliate, the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).

With 34 serious incidents, including 22 fatalities in 2022, it is clear that this zone requires additional safety measures to mitigate risk. The most rapid plan would be to immediately discontinue the quiet zone and assess whether that provides a sufficient level of safety for workers and communities located near rail tracks. Following this period of study, there may be additional needs to increase safety. However, it is clear that there is a high level of risk presently, and it is simply unacceptable for rail operations to continue to injure and kill people.

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TTD Calls for Strong Cargo Preference Policy to Support U.S. Maritime Workers

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Maritime Administration’s (MARAD) request for information concerning cargo preference. TTD consists of 37 affiliated unions representing U.S maritime workers offshore and onshore and dockworkers. Additionally, we endorse the comments of USA Maritime.

U.S.-flagged ships currently carry less than 2% of cargo in the U.S.-international trade. One way to increase the amount of cargo carried by U.S.-flag vessels is to stimulate demand by restoring and enhancing U.S.-flag cargo preference shipping requirements. In 2012, Congress arbitrarily reduced civilian cargo preference policies in the Moving Ahead for Progress in the 21st Century Act, slashing Cargo Preference or Ship-American requirements for international aid cargoes from 75% to 50%. This change has drastically reduced the size of our fleet and outsourced U.S. maritime jobs. 

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TTD Responds to Positive Train Control Safety Plan Amendment

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of a recent joint request from 20 railroads to amend their positive train control (PTC) safety plans. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers. 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).

High-Hazard Flammable Trains

The joint PTC request for amendment (RFA) from 20 railroads that use Wabtec PTC systems would restrict operating speeds to 50 mph in all areas and 40 mph in “high-threat urban areas” for trains with tank cars that do not meet the enhanced tank car standards also laid out in a 2015 Pipeline and Hazardous Materials Safety Administration (PHMSA) final rule.

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TTD Calls Out NS for Endangering Workers

By Admin

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of a recent petition for extension of a waiver of compliance from Norfolk Southern (NS) regarding its R-3 Dual Rail Gang. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers and maintenance of way workers who work with this equipment.[1] We ask FRA to deny this petition for the reasons discussed below. Additionally, we endorse the comments filed by our affiliated union, the Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters (BMWED).

The R-3 Gang is a system-level production gang of 78 employees and 40 roadway maintenance machines with the capability to remove both rails while simultaneously installing both new rails. During dual rail replacement, both rails are removed from the track structure and positioned on the ballast against the outside of the cross ties on the occupied track. In this position, the removed rail is nearly 16.75 inches closer to the adjacent controlled track than its normal gauge position on the crosstie. In this waiver, NS requests to continue using the removed rails of the occupied track as an envelope for on-ground work performed exclusively between these rails for the employees working on the R-3 Dual Rail Gang. Additionally, NS requests to allow up to four on-ground employees (when working with one adjacent controlled track) and up to eight on-ground employees (when working with two adjacent controlled tracks) of the R-3 Dual Rail Gang to break the plane of the outside rail to perform minor work.

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