[Congressional Record Volume 153, Number 71 (Wednesday, May 2, 2007)]
[Extensions of Remarks]
[Page E915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007

                                 ______
                                 

                           HON. CORRINE BROWN

                               of florida

                    in the house of representatives

                          Tuesday, May 1, 2007

  Ms. CORRINE BROWN of Florida. Madam Speaker, I want to thank Chairman 
Oberstar for joining me in introducing the Federal Railroad Safety 
Improvement Act of 2007. This legislation is long overdue and will 
authorize safety programs in both passenger and freight rail that will 
protect passengers, workers, and the communities that our passenger and 
freight rails serve. It will also improve the safety of our rail 
infrastructure which will allow for the exceptional growth expected in 
both passenger and freight rail.
  This legislation will make major improvements in railroad safety by 
requiring the Department of Transportation to develop a long-term 
strategy for improving rail safety, authorizing funds for the purchase 
of track geometry vehicles and for the development of an underground 
and tunnel safety facility.
  The legislation strengthens hours-of-service by mandating consecutive 
hours of rest, eliminates limbo time, and requires fatigue management 
plans. It also strengthens whistleblower protections and imposes 
penalties for safety, hours-of-service, and accident reporting 
violations.
  The legislation also mandates the implementation of Positive Train 
Controls, improves warning systems in non-signaled territory, 
establishes minimum training standards, and recommends ways to mitigate 
health hazards.
  Congress last passed legislation to reauthorize the Federal Railroad 
Administration (FRA) in 1994. That authorization expired in 1998. Since 
that time, the railroad industry has changed dramatically. Economic 
growth and an increase in international trade have led to record 
traffic levels. At the same time, Amtrak and the commuter railroads--
which often operate on freight rail lines--are moving more passengers, 
which means that there is a lot of pressure on our rail system. This 
has a significant impact on worker and public safety.
  According to the FRA, train accidents have increased by 33 percent 
since 1994. Fatalities and injuries have also increased--from 12 
fatalities and 262 injuries in 1994 to 33 fatalities and 734 injuries 
in 2005. Injuries hit an all-time high of 1,884 in 2002 due to the 
train accident in Minot, ND.
  According to the FRA, human factors are responsible for nearly 40 
percent of all train accidents, and a new study confirms that fatigue 
plays a role in approximately one out of four of those accidents.
  Researchers analyzed the 30-day work schedules of locomotive crews 
preceding 1,400 train accidents and not surprisingly found a strong 
correlation between the crew's level of alertness and the likelihood 
that they would be involved in an accident. NTSB investigators have 
reached similar conclusions.
  The hours of service law, which was originally enacted in 1907 and 
substantially amended in 1969, is outdated. It deals only with acute 
fatigue, not cumulative fatigue. Since the rail industry is markedly 
different today compared to 40 or 100 years ago, there are some 
significant shortcomings in the law.
  For example, the law does not properly address ``limbo time,'' which 
is the time when a crew's working assignment is finished and they are 
waiting for transportation back to their homes. During limbo time, 
crewmembers are required to stay awake, alert, and able to respond to 
any situation, which means that crews can be on the job for as long as 
15 or 20 hours at a time. Although the NTSB has repeatedly asked the 
FRA to make improvements to hours-of-service and address fatigue, the 
FRA seemingly does not have the regulatory authority to do so.
  The Railroads, Pipelines, and Hazardous Materials Subcommittee has 
held numerous hearings on railroad safety, fatigue, and human factor 
accidents and has heard testimony from all the stakeholders and policy 
makers in the passenger and freight rail industry. I believe this 
legislation will help reduce accidents, improve rail safety, and 
improve the work environment for employees which will allow the 
passenger and freight rail industry to safely handle the future growth 
projected for both modes of transportation.
  I encourage all of my colleagues to support this legislation and I 
urge its swift passage so that we can begin to implement these 
important safety measures immediately.

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