The feds get involved in crew sizes

Federal Railroad Administration announced today its intent to regulate crew sizes of both freight and passenger trains.  In October 2011, a Union Pacific freight locomotive assisted Amtrak passenger locomotives pulling train No. 5, the California Zephyr via a special detour routing through Wheaton, Ill., in suburban Chicago.  Paul Burgess photo

Fallout from the fatal Lac Megantic, Quebec, oil train derailment in July 2013 continues for the rail industry.  Today the Federal Railroad Administration announced its intention to issue a proposed rulemaking, which will for the first time mandate the size of train crews.

If the proposed rule becomes final (not a sure thing, but likely enough, since complete withdrawals—cancellations—of a proposed rule once they have been published are quite rare) it will require railroads to assign at least two crewmembers to crude oil trains and will “(establish) minimum crew size standards for most main line freight and passenger rail operations.”  The announcement does not delve into the specific numbers associated with this statement.  Followers of the industry know that most current main line trains operate with two crewmembers; however, this is common practice, not law, nor is it universal.  The Montreal, Maine, & Atlantic train involved in the Lac Megantic accident, though tied down, had been operated with a one-person crew. Many short lines operate this way, and many passenger operations take place with single crewmembers in the cab, although the crew size is usually larger—a situation which may or not be addressed.  FRA does note that “appropriate” exceptions may also be anticipated—again, what those are is undefined. It goes on to announce that FRA will issue an additional proposed rulemaking on train securement.  In the Lac Megantic accident, an alleged failure to tie down the MM&A train was allegedly contributory to its resulting derailment, although the reasons for that failure remain under no small debate.

FRA is recommending additional measures regarding the identification, classification, operational control, and handling of hazardous materials shipments to sister agency the Pipeline and Hazardous Materials Safety Administration, another arm of the U.S. Department of Transportation. The safety administration retains authority for such rulemakings, however in this case since the FRA is essentially asking the other agency to take action on these subjects, it is more rather than less likely to occur.  Specifics include requested action regarding amending the definition of “residue” and “key train” (a train actively carrying certain types or quantities of hazardous materials, which carriage thus assigns specific additional rules and restrictions to both its operation and the operation of other trains in its vicinity) and clarifying the jurisdiction of the agency over the loading, unloading, and storage of hazmat before and during transportation.

All of these measures follow the recommendations of three separate Railroad Safety Advisory Committee working groups, which were established by the FRA to research and develop responses to issues resulting from the Lac Megantic accident.  Crew size and its perceived relationship, or lack thereof, to transport safety has been a point of fierce contention between rail management and labor since time immemorial, and labor has pressed, unsuccessfully on the federal level until now at least, for mandated crew size requirements.  That may well be changing.  However, as noted in my previous blog posts in reference to this subject, this accident, involving disastrous loss of life and property and massive environmental damage to an entire community, has apparently become a seminal event in the rail transportation of hazardous materials, and the regulatory measures that have already resulted and what further measures may result, can be laid directly at its door. Lac Megantic is an industry game changer, and about the only thing that is certain right now is that its full impact to North American railroading has not yet been felt.