[Congressional Record Volume 155, Number 159 (Thursday, October 29, 2009)]
[Extensions of Remarks]
[Page E2668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE NATIONAL TRANSPORTATION SAFETY BOARD INTERIM SAFETY 
                      RECOMMENDATIONS ACT OF 2009

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Thursday, October 29, 2009

  Ms. NORTON. Madam Speaker, today I rise to introduce the National 
Transportation Safety Board Interim Safety Recommendations Act of 2009, 
joined by regional Members, including House Majority Leader Steny 
Hoyer, D-MD, Frank Wolf, R-VA, Jim Moran, D-VA, Chris Van Hollen, D-MD, 
Donna Edwards, D-MD, and Gerald Connolly, D-VA, as original co-
sponsors. Our bill will clarify that the National Transportation Safety 
Board, NTSB, may, and should, offer interim safety recommendations to 
state and local transportation authorities.
  On June 22, 2009, two Washington Metropolitan Area Transit Authority, 
WMATA, trains collided near the Fort Totten station here in the 
Nation's capital. This collision was devastating for this region and 
for the Nation's transit systems, as nine regional residents died, 
seven from the Nation's capital. On Metro everyday, in the national 
capital region, Members of Congress and their staff and millions of 
other Federal employees of every rank form the majority of Metro's week 
day riders. Millions of tourists, people who work in every sector and 
school children are regular riders. The collision has had nation-wide 
consequences. On September 22, even before its Metro study was 
complete, the NTSB issued nine nation-wide safety recommendations to 
address concerns about the safety of train control systems that use 
audio frequency track circuits, like those that may have contributed to 
the June 22 train collision here. We believe that, in turn, low-cost, 
recommendations were in order that might save lives.
  The NTSB has been particularly vigilant in quickly reporting defects 
and operational problems, to encourage remediation even before its 
final reports. Long before the June 22 collision, in 1996, NTSB had 
recommended to WMATA that it replace or retrofit its older 1970's 1000 
series train cars after a train overran a station platform, striking a 
standing, unoccupied train, and killing the driver of the striking 
train. The NTSB renewed this recommendation to replace or refurbish the 
older cars following the roll back accident of a train car in the 
Woodley Park Metro station in 2004, as it should have. The NTSB is not 
prohibited by statute from making interim recommendations for 
corrective actions, but low cost recommendations of the kind made 
thereafter were not made after any of the Metro accidents. This bill 
clarifies that the NTSB does have such authority.
  While the reason for the June 22 crash has not yet been determined, 
it was evident that the striking car, which was an older 1000 series 
train car, was significantly more damaged than the struck car, which 
was a newer 6000 series car. In fact, all of the fatalities were from 
the 1000 series car. Following the collision, the Amalgamated Transit 
Union Local 689 suggested that WMATA put the 1000 series cars between 
the newer, more crashworthy 6000 series cars.
  Unfortunately, without the regulatory authority established by this 
bill we have introduced, there have been no tests of crash worthiness 
either of the newer 6000 series cars or of the older 1000 series. 
However, the evidence from the crash suggests that 40 year old cars may 
be more dangerous as lead and rear cars. The NTSB did not disagree with 
this interim step at a Congressional hearing in July, but it never 
recommended this, or any other action, except action that is so costly 
that it will not occur.
  It is a well known and frustrating fact that, for years, Metro has 
tried to convince Congress and the local jurisdictions to fund 
replacements for the old 1000 series cars and only this year, after the 
tragic collision, has Congress appropriated the first $150 million of 
the $1.5 billion authorized first time in 2007. The 1000 series cars 
were only 300 of Metro's 1,100-car fleet, but replacing those cars will 
cost $600 million and take at least five years of combined federal and 
local area payments. Moreover, the cost of gas at the pump has so 
driven up Metro ridership, that it cannot simply cut its fleet by 300 
cars. Congress and members of our regional delegation had been working 
long before the collision to get from Congress the $1.5 billion that 
has now been authorized for WMATA's urgent capital and preventive 
maintenance needs, including new cars. While we have finally been 
successful in getting the first $150 million, it will take years to 
fund these replacements, not to mention other problems such as the 
circuit signals that NTSB has already found may be implicated. 
Recommendations short of multimillion dollar upgrades and replacements 
can save lives. This bill requires the NTSB to specifically consider 
recommending interim recommendations where appropriate, especially when 
a transit agency has not secured funds to meet the costly permanent 
recommendations.
  Madam Speaker, I ask that the House pass this bill.

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