Letter to Ray LaHood, Secretary of Transportation and the New York/Atlantic Railways

Letter

United States Senator Charles E. Schumer, joined by Mineola residents from the Birchwood Court residential complex, called on the Federal Railroad Administration (FRA) today to launch a safety investigation into reports that uncovered freight cars are transporting loose debris on Long Island Rail Road tracks and have damaged residents' cars and ended up on private property. Schumer, in a letter to the FRA, raised major safety concerns for local residents whose property abuts the tracks and for the implications of loose debris on commuter rail tracks that transport hundreds of thousands of Long Island residents in and out of New York on a daily basis. Schumer called for the FRA to mandate that any freight cars traveling through densely populated urban and suburban communities be required by federal rules, to cover cars carrying loose debris.

"The safety implications of uncovered debris traveling on commuter transit lines are too numerous to count," said Schumer. "Whether it is damage to private property surrounding the tracks or potential obstruction on commuter rail lines that carry hundreds of thousands of people in and out of New York City every day, carrying loose debris, uncovered in freight cars is a dangerous recipe for disaster and it must be stopped, now."

Standing with local residents, Schumer noted reports that at least two cars were damaged by pieces of scrap metal that appear to have been transported on LIRR tracks by freight train operators using uncovered cars. In addition, Schumer pointed to numerous complaints that loose debris has wound up on property in and around the tracks, in particular on private property at the Birchwood Court residential complex in Mineola. In addition to concerns for the safety of local residents living near the tracks, Schumer questioned the implication of fallen or loose debris for LIRR commuter trains that use the same tracks that transport hundreds of thousands of residents in and out of New York.

Freight carrier New York and Atlantic Railways has a contract with the LIRR to operate its trains on the commuter track during off-peak hours. Multiple residents, after witnessing scattered debris along the perimeter of the property that borders the tracks, identified several instances of freight trains carrying what appeared to be construction debris in uncovered in cars. Residents, concerned about the safety implication of the loose debris, have begun to photographically document the uncovered cars to highlight their concerns to officials.

Schumer is asking the FRA to launch an immediate investigation into the safety implications of freight carriers transporting uncovered loose debris on the LIRR in residential neighborhoods. Schumer is specifically asking the FRA to visit the site and investigate. Schumer also called on the FRA to require that freight carriers who operate their trains in an urban or suburban community be required to cover train cars transporting loose debris. At the same time, Schumer is calling on New York and Atlantic Railways immediately put in place a voluntary policy of covering open freight cars when traveling in highly populated areas. If the carrier refuses, Schumer wants the MTA and LIRR to compel the cars be covered as a requisite for continued use of the MTA's rail lines.

A copy of Schumer's letters to the Federal Railroad Administration and New York and Atlantic Railways can be found below.

Dear Secretary LaHood:

I write today to urge the Department of Transportation's Federal Railroad Administration (FRA) to immediately commence a safety investigation of the issue of debris coming off of New York and Atlantic Railway's open-top train cars traveling on the Long Island Rail Road's right of way.

The Long Island Railroad (LIRR) transported 81 million passengers last year and serves as one of New York's most important commuter lines. It is critical for the economic vitality of Long Island that this rail line remains a reliable and safe means of transportation for the hundreds of thousands of commuters that rely on it every day.

Recent reports of debris flying off of open-top train cars littering LIRR's right of way and the numerous incidents of private property damage adjacent to the railroad are of great concern to me. The New York and Atlantic Railway, which leases the rights to transport freight along this line, provides an important service to the businesses and communities of Long Island, but it is unacceptable that debris would be permitted to be hauled without being properly secured. This poses a threat to both train traffic traveling along the line and neighboring residents. It is critical that the New York and Atlantic Railway is respectful of the dense urban areas and highly traveled rail line which they are passing through and using to conduct business.

Therefore, it is critical that your agency work together with LIRR to immediately conduct a safety investigation into the state of the LIRR's right of way to determine if the debris is a hazard. A truly comprehensive investigation should be conducted by the FRA to ensure residents and commuters that the LIRR's right of way is not being jeopardized by any loose freight material being hauled along the railroad. In addition, I ask that FRA consider regulations to require that rail cars are covered in densely populated areas if there's a risk that their contents will fly off.

Thank you for your attention to this important request.

*******

Dear Mr. Victor:

I write today to urge the New York and Atlantic Railroad to immediately initiate changes to your hauling practices to prevent debris from coming off trains traveling on the Long Island Railroad (LIRR). It has been reported that open top train cars are being used to transport debris, which has resulted in property damage and an unsafe environment for users of the track and residents adjacent to the tracks.

I am greatly concerned by the reports of debris flying off of open top cars that has resulted in private property damage and litter along the right of way of the LIRR. This railway serves as one of the most important commuter lines in New York as it is used by hundreds of thousands of passengers every day. I am alarmed that the New York and Atlantic's hauling practices are creating a potential safety hazard for both train traffic and residents adjacent to the rail line. It is unacceptable that debris would be permitted to be hauled without being properly secured in cars on a rail line that traverses such densely populated communities and transports hundreds of thousands of commuters.

I urge you to immediately change your hauling practices and cover open top cars transporting freight that may come loose during transport. The New York and Atlantic Railway and other freight carriers provide a vital service to Long Island communities and business, but it is fundamental that they do so while being a good steward of the railways they use and communities which they pass through.

Thank you for your attention to this important

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