Letter to Administrator Szabo, FRA

Letter

Standing at the site of Norfolk Southern's unreported train derailment late last year, U.S. Senator Charles E. Schumer today called on the Federal Railroad Administration (FRA) to implement strong requirements that call for train companies to report all derailments and accidents to the local government, first responders and community leaders upon occurrence. Schumer's push follows a November 2011 incident in which a Norfolk Southern train derailed and left a rail car upside down in an Elmira parking lot. Norfolk Southern failed to notify city officials or local law enforcement of this derailment, and city officials were later told that Norfolk Southern policy dictates that the company will only notify these officials if the accident involves five or more cars or hazardous materials. Schumer noted that local officials and emergency responders should be kept informed in detail and in real-time of all relevant information for all types of train accidents, in order to ensure the safety and peace of mind for community members whose homes, work and schools are in close proximity to these freight rail lines. Schumer argued that while notifying local authorities is of minimal burden to train companies, it can help municipalities avoid waste and invest appropriate resources for their investigation of and response to such accidents. In order to close these unacceptable loopholes in train companies' reporting policies, Schumer urged the FRA to require notification through phone call and other appropriate means whenever train derailments occur, regardless of the number of cars or type of freight involved.

"After Norfolk Southern's outrageous failure to notify local officials in Elmira of a November train derailment, it has become abundantly clear that rail companies need to be more forthcoming when their trains literally run off the tracks," said Schumer. "It is flatly unacceptable for train companies, like Norfolk Southern, to pick and choose which accidents they report to local officials and emergency responders and which they do not. That is why I'm urging the Federal Railroad Administration to step in and implement processes to close this gaping hole in train company reporting policy, and require detailed and real-time notifications of all types of derailments and accidents to local officials and community members when the accidents occur. All we're asking is that the company takes a moment and pick up the phone -- it's as simple as that. While it's a huge relief that no one was injured, this accident must be a wake-up call to the need for drastic and immediate change in train accident reporting policies."

Schumer was joined by local officials and employees of The Hilliard Corporation, where last year's derailment occurred, as he pushed for federal rail process to require companies like Norfolk Southern to beef up reporting policies to the public. Following the derailment in late November, Norfolk Southern failed to notify city officials or local law enforcement about the incident. The train was only discovered by an employee of the Hilliard Corporation, the owner of the parking lot, who saw the train car. Because federal reporting requirements don't appear to adequately capture the range of train accidents, incidents, and derailments, private train companies sometimes develop and implement their own reporting policies to the public. Norfolk Southern does not provide notification to municipalities or appropriate local law enforcement personnel of a derailment unless it contains hazardous materials, or if the accident involves more than 5 cars. Schumer is urging the Federal Railroad Administration to step up to the plate and require train companies to divulge all relevant information to the community in a timely manner, including all types of accidents and incidents. It is critical that localities are informed and briefed on all incidents that occur within their borders.

Schumer argued that the notification of local officials and first responders is of little to no burden to train companies after a derailment. Schumer said that this requirement can be met with a single phone call to the appropriate local contact, and would add no paperwork or serious burden to the company that could disrupt its business. However, providing accurate and real-time information to municipalities would save them significant resources. Depending on the size, location and cargo of a train derailment, a local community that has received a detailed notification could gauge the appropriate level of first responders to dispatch to the scene. Local officials would also be able to make residents aware of such incidents, which would help avoid any further consequences of the derailment.

Train derailments occur with relative frequency throughout New York. On January 4th, a little over a month after the unreported Norfolk Southern incident, a train derailed in nearby Steuben County while passing through the village of Painted Post. In that instance, officials were appropriately informed, most likely because six train cars carrying propane came off the tracks. Local law enforcement was then able to reroute traffic patterns in portions of the village until the train were moved safely to another location. Schumer noted that this demonstrates that reporting accidents requires limited effort of train companies, but provides officials and residents with the information necessary to manage concerns and resolve consequences. Schumer is pushing for derailments of all kinds, regardless of number of cars or cargo involved, to be reported in this manner because only local leaders know how such accidents will affect their community, and how best to handle them.

Schumer's efforts today compliment his push for a full account from Norfolk Southern in regards to last year's train derailment. On December 7, 2011, Schumer helped bring together representatives from Norfolk Southern, NYS Department of Transportation representatives, local government, and Schumer's office for a meeting in Elmira City Hall. At the meeting, a push was made for Norfolk Southern to provide a complete report of what happened in the crash. The group also addressed the need for real changes and expansion of Norfolk Southern's notification policies so that all relevant parties are kept abreast of problems when they do occur, regardless of the number of cars or content of cargo in the train. However, the gaping hole still exists in reporting, and Schumer is pushing for the FRA to step in before another train derailment goes unreported and puts local residents and business owners at risk.

Norfolk Southern operates freight-only routes through the Elmira community, home to more than 30,000 New Yorkers. The railroad runs an elevated route through Elmira, and sometimes carries hazardous materials. In 2006, Norfolk Southern announced that it will increase the speed of its trains traveling through Elmira, from 30 miles per hour to 50 miles per hour, in order to remain competitive. At the time city officials expressed concern about the possible risks. Schumer believes that Norfolk Southern should again revisit this decision, and reverse their decision to nearly double the speed at which trains pass through Elmira.

"When a train barrels through town and leaves anything more than a cloud of smoke behind, local officials should be notified. The FRA must step up their requirements so that first responders and community leaders aren't the last to know when these accidents occur. I'm going to stay on top of this because everyone living in the City of Elmira and near the tracks deserves answers and peace of mind," Schumer continued.

A copy of Senator Schumer's letter to FRA appears below:

Dear Administrator Szabo,

I write to request the Federal Railroad Administration (FRA) conduct a comprehensive investigation into existing reporting standards of freight railroad derailment, accidents, and incidents in New York State and develop stronger requirements for reporting these incidents to local, state, and federal agencies.

As you may be aware, recent incidents in New York have highlighted a seemingly pervasive problem of freight railroad companies failing to adequately provide notice to community residents and first responders of derailments. The lack of reporting and delayed communication to local residents, and sometimes first responders, has resulted in concern as to the adequacy of existing regulation and policy adherence by members of the freight rail industry and specifically reporting requirements. These derailments post a considerable concern to community members whose work, homes, and schools neighbor these freight rail lines. A recent incident within the state involved the derailment of a freight rail car carrying hazardous cargo.

The FRA has the clear regulatory authority in overseeing the safety of these rail lines. I would urge FRA to exercise their authority in conducting a comprehensive investigation into existing reporting standards of freight railroad accidents, and incidents in New York State and develop stronger requirements for reporting these incidents to local, state, and federal agencies. Simply put, rail companies that experience a derailment should be required to notify local officials and first responders as soon as the incident occurs.

Thank you for your attention to this important matter. If you are in need of any additional information please feel free to contact my Washington, DC office at 202-224-6542. I look forward to working with you on this important issue.

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