Federal Comments

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) recent petition to suspend the use of block signals on its Winnemucca Subdivision. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1] TTD endorses the comments of our affiliates, the Brotherhood of Railroad Signalmen (BRS) and the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD). We ask FRA to deny this application because UP’s request would result in a decrease in safety and is not warranted since UP itself made the decision to decrease the workforce and capital investment needed to maintain the Winnemucca Subdivision.

In its application, UP requests to temporarily “remove [Centralized Traffic Control (CTC)] limits and replace with [Track Warrant Control (TWC)] limits through the same area.” UP states that this request is made due to “an uncurable (sic) situation with contaminated track conditions that will not allow the signal system to function properly.” UP notes that “This condition is resulting in roughly 5 recrews a day for this area, leaving the new STB ruling to serve Foster Farms expeditiously, in jeopardy.”[2]

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Pipeline and Hazardous Material Safety Administration’s (PHMSA) notice regarding a recent application for a new special permit (21283-N) from Gas Innovations. TTD consists of 37 affiliated unions representing the totality of rail labor, including freight rail workers who transport hazmat daily and fire fighters who are called to respond to dangerous releases of hazardous materials. TTD endorses the comments of our affiliates, the International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD) and the Transport Workers Union of America (TWU). We ask PHMSA to deny this application until railroads are forced to take responsibility for creating a safer rail system and first responders are provided with adequate resources to safely and effectively respond to emergencies.[1]

Norfolk Southern Derailment and Hazmat Release

It is impossible to ignore recent events in East Palestine, Ohio, when discussing an application such as this one to introduce new hazardous materials to the freight rail system. A train derailment occurred at approximately 8:54 PM EST on February 3, 2023, in East Palestine, OH. The railroad, Norfolk Southern, reported the incident at 10:53 PM EST to the National Response Center. At that time, it was reported that an unknown number of the 150 train cars had derailed, but 20 of the cars were listed as carrying hazardous materials. As is being reported by the National Transportation Safety Board (NTSB) as of this writing, 38 rail cars derailed and a fire ensued which damaged an additional 12 cars. Local officials issued evacuation orders for the surrounding area and there have been reports of residents experiencing effects many miles away from the scene of the derailment.[2]

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) recent petition to extend an expired waiver of compliance regarding brake procedures for its Roseville, California yard. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.

In its petition, UP seeks to use track speed retarders, known as Continuous Speed Control, instead of securing cars with handbrakes, which is required under 49 CFR 232.103(n)(1). This waiver was originally requested in 2010 and granted in November 2011 following a public hearing in which the United Transportation Union (now SMART-TD) raised concerns about the potential for rollouts to injure workers or cause the release of hazardous materials.[1] When it was time for the waiver to be renewed, UP filed its renewal request six months late. When FRA granted the extension in December 2017, FRA noted this tardiness and noted that it “reserves the right to take enforcement action under 49 U.S.C § 20111 for noncompliance with any condition of this waiver or applicable Federal regulations.”[2] Additionally, that 2017 decision letter noted that UP had failed to comply with all of the conditions required as part of the original waiver, including providing copies of elevation validation reports. When FRA surveyed the yard at that time, it found multiple tracks were out of compliance.

February 1, 2023 David P. Pekoske Administrator Transportation Security Administration 6595 Springfield Center Drive Springfield, VA 20598       RE:     Enhancing Surface Cyber Risk Management                   Docket No. TSA-2022-0001 Dear Administrator Pekoske: On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to […]

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding Norfolk Southern’s (NS) petitions for waiver of compliance from 49 CFR 236.566 to allow unequipped locomotives to operate in its Keystone Division and several other control points. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1] TTD endorses the comments of our affiliate, the Brotherhood of Railroad Signalmen (BRS).

As TTD has commented before, positive train control (PTC) and centralized traffic control (CTC) technologies provide an additional layer of safety for rail workers and the public.[2] The National Safety Transportation Board (NTSB) first recommended that PTC be required in 1969 and Congress subsequently put into place the PTC mandate in 2008 because it saves lives and reduces injuries. Furthermore, these are not new technologies. CTC has been around since 1927 and the Class I railroads, including NS, have widely installed CTC across their networks.[3] NS’s petition for a waiver of compliance undermines the progress that has been made over the past few decades in installing signal systems that make our rail system safer. That is why the continued permission from the FRA to NS to operate this equipment without modern signal systems undermines the safety of rail workers and the general public and is counter to the safety mission of the FRA.

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’s (UP) December 12, 2022, request to amend its Positive Train Control (PTC) safety plan and control system. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1]

UP Request Should be Denied Without Prejudice

TTD formally asks FRA to deny without prejudice UP’s request for this amendment to its PTC plan until such time as UP publicly explains in full detail what their amendment entails. TTD and its unions support FRA’s goal of implementing safe and effective PTC systems in a timely fashion in order to protect rail workers and the general public. However, UP’s petition is emblematic of both the freight railroads’ desire to implement unproven, and sometimes risky technology such as Trip Optimizer through these PTC safety plans and also a rushed and flawed process at FRA in reviewing and allowing for public input of these plans.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice regarding BNSF Railway’s recent petition for waiver of compliance regarding certain brake inspection requirements. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers.[1] TTD endorses the comments of our affiliates, the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) and the Brotherhood of Railroad Carmen (BRC). Our positions are fully aligned with our affiliates’ comments in this docket.

In this docket, BNSF is requesting a waiver from requirements under 49 C.F.R. sections 232.205 (c) (ii) (B) and 232.207 (b) (1). The railroad is asserting that an incomplete FRA-sponsored study, conducted June 28, 2022, in Staples, Minn., is definitive proof that the established safety regulations should be waived. As SMART-TD states, “As FRA is fully aware, the test being referenced by BNSF is just one phase of a multi-year four-phase study. To this point, FRA is still receiving comments from the involved parties to consider in its analysis for this particular phase of the test’s results. Again, as FRA knows, the final phase of the test will not be completed until sometime late in the summer of 2023. Upon its completion, only then will an accurate and robust assessment be able to be made.”

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) proposed rule regarding Train Crew Size Safety Requirements. These requirements are necessary to ensure the safety and efficient operation of the U.S. freight and passenger railroad systems, the millions of Americans who rely on these systems every day, and the employees who work on these systems. TTD consists of 37 affiliated unions representing the totality of rail labor, including both passenger and freight rail workers, and specifically, the engineers and conductors that drive and operate freight and passenger trains who will be most impacted by this proposed rule.

In addition to our own comments, TTD endorses the comments and testimony filed by our affiliates: the International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division (SMART-TD), the Brotherhood of Locomotive Engineers and Trainmen (BLET), the American Train Dispatchers Association (ATDA), and the International Association of Fire Fighters (IAFF).

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the U.S. Department of Transportation’s (DOT) Request for Information regarding Buy America Requirements for Construction Materials, De Minimis Costs, Small Grants, and Minor Components. TTD consists of 37 affiliate unions representing workers in construction and manufacturing who are directly impacted by Buy America policies.[1] TTD endorses the comments submitted by our affiliate, the United Steelworkers (USW).

TTD credits the Biden administration for expanding and strengthening the reach and application of domestic content preferences, both in its support for the Build America, Buy America Act (BABA) in the Bipartisan Infrastructure Law (BIL) and in executive actions such as Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers, among others. We are appreciative of the DOT’s continued work to implement the BIL and prioritize BABA.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to provide comments on the Canadian National Railway’s (CN) petition for a waiver of compliance from the “hands-on” component of periodic refresher training required by 49 CFR 232.203(b)(8). By way of background, TTD consists of 37 affiliate unions, including the totality of rail labor[1]. We endorse the comments of our affiliates, the Transport Workers Union of America (TWU) and the Sheet Metal, Air, Rail and Transportation Workers (SMART), that are also posted in this docket.

As discussed below, TTD opposes CN’s resubmitted waiver request and urges the FRA to reject the request because it jeopardizes the safety of rail labor employees and the public.