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changes in rail movements planned for the windy city, in large part because of the huge CREATE project aimed at unsnarling train traffic in America’s railroad center.) For example, Attorney Streeter recalls the 2009 instance (referenced above) in Illinois — close to Chicago (or well within what the locals there call “Chicagoland”) where an ethanol train derailed and one woman, ap- parently waiting for the train to clear the crossing, was burned “right on the highway.” The NTSB investigated, Mr. Streeter notes, and pointed out that the agency had asked the FRA and others to take “a hard look” at what the tank cars should be allowed to haul.


Added Streeter: “The AAR now has come out stating that it favors the higher standards for new cars. But what are you going to do about 40,000 existing tankers? They’re using the same service. Mixed with the new ones, we feel that the problem continues to exist.”


Industry’s Input


Dow Chemical Company and Union Pacific have issued a report specifically to advance their efforts to meet critical goals dealing with rail safety and security. Dow had com- missioned Union Tank Car Company to build the “next generation” chlorine tank cars. Eleven of those were approved for serv- ice in 2012. The companies say those steps offer much better safety and security than found in older existing railcars.


Other companies are making arrange- ments to continue the shipments by rail from western Canada into Montreal. The Canadi- an government notes that the vast majority of oil is transported without incident. In the U.S., the FRA issued an emergency


order and safety advisory to help prevent trains operating on main line tracks or sid- ings from moving unintentionally. DOT Sec- retary Anthony Foxx stressed safety as the number one priority, as governments on both sides of the border hastened to issue lists of new precautions.


Exact alternate routing plans were being formulated as we go to deadline, but this much is certain: Crude oil shipments will continue. Right now, trains are more impor- tant to the petroleum market than at any time since the dawn of the petroleum age.


The Industry and Tank Car Safety As promised above, here are relevant issues as shared with R&R by the Association of American Railroads:


1) Railroads in general do not own tank


cars. Most are owned by leasing companies or customer/shippers. 2) U.S. DOT and Transport Canada (TC), along with AAR and the North American Tank Car Committee issue regulations and standards. 3) The Tank Car Committee standards ex- ceed federal requirements. DOT-111 cars for crude oil and ethanol ordered after October 2011 meet the higher AAR/Tank Committee standards.


4) Of the 310,000 tank cars in today’s


fleet, 240,000 are DOT-111 tank cars, meet- ing all standards set both before and after the October standards. 5) Most of the remainder of the AAR state- ment cites figures indicating that through- out the entire regulating process of oil tanker cars, the industry has been well ahead of the curve safety-wise. 6) For example, following the 2009 Illinois


oil tanker accident referenced above, when one federal agency had not acted on recom- mendations that certain improvements be implemented, the industry went ahead and made the improvements on its own. Even those worried about the dangers in- volved in shipping oil by rail will acknowl- edge that the safety record of railroads is “good and improving.” But of course, statis- tics count for very little in the minds of vic- tims and their families.


The Follow-Up Actions Here in Washington, the FRA Has issued an emergency order and safety advisory to help prevent trains operating on main line tracks or sidings from moving unintentionally. That, of course is something that goes with- out saying. But presumably, FRA felt com- pelled to spell it out for the record. Newly minted DOT Secretary Anthony


Foxx laid down safety instructions, includ- ing: 1) No trains hauling specific HAZMATs are to be left unattended outside a yard or terminal unless specifically authorized; 2) Employees responsible for such trains must communicate


to train dispatchers the


specifics of safety precautions; 3) The dis- patcher must record the information provid- ed and verify that the railroad’s require- ments are met.


AAR CEO Ed Hamberger says the new or- ders will be followed, as — again — the in- dustry in many instances has implemented procedures that exceed federal requirements.


Adequate Crewing? On Capitol Hill, Representatives Michael Michaud and Chellie Pingree (both D- Maine) introduced legislation requiring at least two crew members on all freight trains in the United States. As expected, rail labor is cheering the move. However, the industry signals a fight over the measure, arguing it is unnecessary and aimed more at protect- ing jobs than improving safety.


Even More on Safety Even halfway around the world, another dis- aster on the rails occurred that may affect procedures on our own continent: Francisco Jose Garzon Amo he driver whose speeding passenger train crashed on July 25 in Spain killing at least 80 people was provisionally charged with “negligent homicide.” In the U.S., with our multiple High Speed Rail passenger lines drawn on a wish-list map, there has been much discussion about how the Europeans and Asians have exem- plary safety records while using much lighter equipment than on our Amtrak Acela and or is planned for the California line and other anticipated American HSR operations. The argument goes that heavier equipment is not only more costly, but unwarranted, and hinders the train’s capacity to navigate at super high speed. That case may be harder to make now that a European train with the vaunted lighter equipment experienced the worst wreck in the last 40 years of that nation’s railroading.


It is argued that — yes — Europe and


Asia generally do have good safety records in railroading; but their HSR operations are less likely to be mingled with much heavier (and slower) freight operations on the same trackage or rights of way, as happens n the U.S., even on the Northeast Corridor. Thus such trackage-sharing would put light-


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