[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[Extensions of Remarks]
[Page E652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     THE FEDERAL RAILROAD ADMINISTRATION PERFORMANCE AND PERSONNEL 
                            ENFORCEMENT ACT

                                 ______


                          HON. SUSAN MOLINARI

                              of new york

                    in the house of representatives

                        Thursday, April 25, 1996

  Ms. MOLINARI. Mr. Speaker, today I am introducing H.R.--, the Federal 
Railroad Administration Performance and Personnel Enforcement Act. The 
bill will provide for institutional reforms at the Federal Railroad 
Administration and other improvements to the rail safety statutes aimed 
at promoting a safer, more secure rail safety network. I would like to 
emphasize that the railroad system is essentially safe today, thanks to 
the substantial gains in safety that have been achieved since the late 
1970s. In 1978, the train accident rate was nearly 15 accidents per 
million trainmiles, or 3.9 times what it was in 1995. Railroads are 
safe when compared to other modes of transportation as well. About 
40,000 people are killed each year on the Nation's highways, compared 
to about 600 fatalities that are attributed to railroad operations.
  Yet rail travel is becoming increasingly complex and we must ensure 
that our safety requirements keep up with today's operational 
realities. Traffic on the mainlines continues to grow and the increased 
use of freight, intercity passenger and commuter traffic on the same 
corridors poses new challenges for ensuring safety. Unfortunately, 
after the 2 best years in rail safety history, rail accidents appear to 
be on the rise. In January and February alone rail freight and 
passenger accidents resulted in 19 fatalities, 230 injuries, and $64 
million in property damage.
  As chairman of the Subcommittee on Railroads, I sponsored three 
hearings on the issue of rail safety during the month of March. These 
hearings focussed on the issues of human factors and grade crossing 
safety, equipment and technology in rail safety, and advanced train 
control technology. This last hearing was held jointly with the 
Technology Subcommittee of the Science Committee.
  One thing is clear from these hearings: the Federal Railroad 
Administration needs to be reformed. In three significant areas where 
rulemakings are pending (power brake safety, two-way end of train 
devices and track safety standards), the Federal Railroad 
Administration has missed the statutory deadlines for completing the 
rulemakings by as much as 2 years. In the wake of the Burlington 
Northern Sante Fe accident at Cajon Pass, CA, the Federal Railroad 
Administrator issued an emergency order requiring use of the two-way 
end of train device for operations in the area. Sadly, the emergency 
order would not have been needed had the FRA met its statutory deadline 
for the rulemaking.
  And in another area of concern, the Hours of Service Act, the FRA and 
rail labor and management have all been guilty of foot dragging in 
establishing pilot projects that were supposed to form the basis for 
changes to the act during the next authorization cycle. A report on the 
subject is due at the end of the year, and to date not a single pilot 
project has been implemented. This is unacceptable and I believe that 
my bill, through a combination of institutional reforms that will force 
FRA to be more accountable in carrying out congressional mandates, and 
improvements to the rail safety statutes will help ensure safety on the 
Nations' railroads.

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