Apr 2008
Update on new FRA operating procedures regulation
04/16/08 13:44
CLEVELAND, April 16 — Last Friday afternoon, we
reported receiving word
that the Federal Railroad Administration (FRA) was temporarily suspending
the Final Rule federalizing operating practices pertaining to
hand-operated switches and fixed derails, point protection for shoving
movements, and leaving equipment in the foul, which was to take effect on
April 14. We have since been advised that the notice suspending the rule
was not received by the Federal Register in time for publication in Monday’s
edition, meaning that the Final Rule has gone into effect.
FRA also advised the BLET as follows:
• Although FRA is not able to temporarily suspend the effective date of
the rule… FRA will judiciously exercise its enforcement discretion with
respect to the aspects of the Final Rule that were petitioned.
• FRA is well aware that railroads that have asked for relief from the
training implementation dates will need to continue to ramp up training of
employees and supervisors based on the published implementation schedule.
For that reason and others, FRA intends to act on the petitions for
reconsideration expeditiously.
Among the issues under reconsideration in addition to the training
schedule are individual liability for civil penalties for willful
violation of the regulation, the Good Faith Challenge process, whether
point protection is required when shove lights are used, and the extent to
which remote control zone pull-out protection technology is governed by
the 49 CFR Part 236, Subpart H requirements for processor-based signal and
train control systems.
that the Federal Railroad Administration (FRA) was temporarily suspending
the Final Rule federalizing operating practices pertaining to
hand-operated switches and fixed derails, point protection for shoving
movements, and leaving equipment in the foul, which was to take effect on
April 14. We have since been advised that the notice suspending the rule
was not received by the Federal Register in time for publication in Monday’s
edition, meaning that the Final Rule has gone into effect.
FRA also advised the BLET as follows:
• Although FRA is not able to temporarily suspend the effective date of
the rule… FRA will judiciously exercise its enforcement discretion with
respect to the aspects of the Final Rule that were petitioned.
• FRA is well aware that railroads that have asked for relief from the
training implementation dates will need to continue to ramp up training of
employees and supervisors based on the published implementation schedule.
For that reason and others, FRA intends to act on the petitions for
reconsideration expeditiously.
Among the issues under reconsideration in addition to the training
schedule are individual liability for civil penalties for willful
violation of the regulation, the Good Faith Challenge process, whether
point protection is required when shove lights are used, and the extent to
which remote control zone pull-out protection technology is governed by
the 49 CFR Part 236, Subpart H requirements for processor-based signal and
train control systems.
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FRA puts new operating procedures on hold
04/11/08 23:41
FRA puts new operating procedures on hold
CLEVELAND, April 11 — The National Division received word early this afternoon that the Federal Railroad Administration (FRA) will temporarily suspend the effectiveness of the Final Rule published on February 13. This Final Rule federalizes operating practices pertaining to hand-operated switches and fixed derails, point protection for shoving movements, leaving equipment in the foul, and was to take effect on April 14.
FRA’s action is in response to Petitions for Reconsideration of various aspects of the Final Rule that were filed by six rail unions, including the BLET, by the American Passenger Transportation, and the Association of American Railroads. A new effective date will be announced when FRA responds to the various Petitions.
CLEVELAND, April 11 — The National Division received word early this afternoon that the Federal Railroad Administration (FRA) will temporarily suspend the effectiveness of the Final Rule published on February 13. This Final Rule federalizes operating practices pertaining to hand-operated switches and fixed derails, point protection for shoving movements, leaving equipment in the foul, and was to take effect on April 14.
FRA’s action is in response to Petitions for Reconsideration of various aspects of the Final Rule that were filed by six rail unions, including the BLET, by the American Passenger Transportation, and the Association of American Railroads. A new effective date will be announced when FRA responds to the various Petitions.
Six unions seek reconsideration of FRA rule
04/10/08 07:21
Six unions seek reconsideration of FRA rule;
Six rail labor unions have asked the Federal Railroad Administration (FRA) to reconsider a planned April 14 imposition of civil penalties against rail employees proven guilty of violating certain operating rules.
The civil penalties are part of an FRA final rulemaking that establishes individual liability for failure to properly position switches and derails, protect the point on shoving movements, and leave cars clear of adjacent tracks and crossovers.
A joint labor-management working group that participated in drafting the new rule could not reach consensus on all provisions contained in the final rule, according to the United Transportation Union (UTU), which is seeking the reconsideration in a joint petition with the American Train Dispatchers Association, Brotherhood of Locomotive Engineers and Trainmen (BLET), Brotherhood of Maintenance of Way Employes Division, Brotherhood of Railroad Signalmen and Brotherhood Railway Carmen Division of the Transportation Communications Union.
The FRA issued the rulemaking in response to Norfolk Southern Corp.'s January 2005 train accident in Graniteville, S.C., and a similar BNSF Railway Co. accident that both involved an improperly aligned switch, the UTU said. The six unions believe civil penalties aren't "good public policy" for improving rail safety.
"Railroad employees who understand how to work by the existing operating rules will see no change from the application of this new regulation," said UTU Alternate National Legislative Director James Stem in a news item posted on the union's Web site. "However, the imposition of civil penalties would encourage an employee not to report the need for immediate corrective action in an attempt to evade accountability.
Meanwhile, BLET members have ratified a second agreement with the Missouri & Northern Arkansas Railroad. The four-year pact covers 90 workers and provides a general wage increase package of 10 percent over the life of the contract.
In 1999, the BLET organized the employees, whose first negotiated agreement took effect in April 2000. A RailAmerica Inc. subsidiary, Missouri & Northern operates 540 miles of track in Arkansas, Kansas and Missouri, and interchanges with Union Pacific Railroad, BNSF Railway Co. and Kansas City Southern.
Six rail labor unions have asked the Federal Railroad Administration (FRA) to reconsider a planned April 14 imposition of civil penalties against rail employees proven guilty of violating certain operating rules.
The civil penalties are part of an FRA final rulemaking that establishes individual liability for failure to properly position switches and derails, protect the point on shoving movements, and leave cars clear of adjacent tracks and crossovers.
A joint labor-management working group that participated in drafting the new rule could not reach consensus on all provisions contained in the final rule, according to the United Transportation Union (UTU), which is seeking the reconsideration in a joint petition with the American Train Dispatchers Association, Brotherhood of Locomotive Engineers and Trainmen (BLET), Brotherhood of Maintenance of Way Employes Division, Brotherhood of Railroad Signalmen and Brotherhood Railway Carmen Division of the Transportation Communications Union.
The FRA issued the rulemaking in response to Norfolk Southern Corp.'s January 2005 train accident in Graniteville, S.C., and a similar BNSF Railway Co. accident that both involved an improperly aligned switch, the UTU said. The six unions believe civil penalties aren't "good public policy" for improving rail safety.
"Railroad employees who understand how to work by the existing operating rules will see no change from the application of this new regulation," said UTU Alternate National Legislative Director James Stem in a news item posted on the union's Web site. "However, the imposition of civil penalties would encourage an employee not to report the need for immediate corrective action in an attempt to evade accountability.
Meanwhile, BLET members have ratified a second agreement with the Missouri & Northern Arkansas Railroad. The four-year pact covers 90 workers and provides a general wage increase package of 10 percent over the life of the contract.
In 1999, the BLET organized the employees, whose first negotiated agreement took effect in April 2000. A RailAmerica Inc. subsidiary, Missouri & Northern operates 540 miles of track in Arkansas, Kansas and Missouri, and interchanges with Union Pacific Railroad, BNSF Railway Co. and Kansas City Southern.