Letter to PHMSA - Reverse Course And Leave The Brake Provision In Place; Said Installing Most-Effective Brake Systems Possible On Dangerous Trains Is Critical To Public Safety

Letter

I write to express my concerns about the repeal of the federal regulation which requires, as part of the Fixing America's Surface Transport (FAST) Act of 2015, that crude oil rail cars be equipped with electric pneumatic brakes by the middle of next decade. With trains carrying hazardous materials traveling through communities across New York, it is critical to ensure train cars have strict safety standards and carry the latest technology to prevent horrific accidents.

The Final Rule published on September 25, 2018 "Hazardous Materials: Removal of Electronically Controlled Pneumatic Brake (ECP) System Requirements for High Hazard Flammable Unit Trains" by the Department of Transportation (DOT) and Pipeline and Hazardous Materials Safety Administration (PHMSA) removes the requirements put in place for ECP brakes. Braking systems are integral to preventing disasters and reducing damages during crashes. Safe braking systems like electronically-controlled pneumatic brakes (ECP) have many benefits including allowing for better train control with uniformed instantaneous stopping. ECP braking systems' keep brakes aligned to prevent more cars from being derailed in the event of an accident.

Challenges associated with crude oil and hazardous material by rail has been an ongoing issue for a number of years. After steadily declining, the volume of oil shipped by rail has recently increased throughout the northeastern United States. New Yorkers face dangers due to hundreds of tank cars full of crude traveling through the state every day. I applaud the Department of Transportation for heeding my call and taking an important first step in issuing a proposed rule on new tank car standards. However, as has been demonstrated both in studies and in recent incidents, a new tank car standard alone, while an important piece to the puzzle, it is not enough to protect communities from the dangers of crude by rail shipments. The dangers of shipping crude oil by rail are clear following the tragic derailments in Lac- Mégantic, Quebec; Aliceville, AL; Casselton, ND; Lynchburg, VA; and Charleston, WV, and we must do all we can to prevent disasters like this from happening again.

When it comes to protecting communities in New York from the dangers of crude by rail shipments we need an all-of-the-above approach. This approach must include safe stabilized products, comprehensive tank car standards, accessible information and resources for local parties to prepare for shipments coming through their communities, and the latest braking system technologies. I appreciate your attention to this matter. Should you need further information please do not hesitate to contact my office

Sincerely,

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