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Summary:
The Federal Railroad Administration (FRA) is the federal agency primarily responsible for safety in the rail industry. FRA's safety programs were last authorized in 1994; their authorization expired in 1998. Most measures of rail safety have improved significantly since FRA's last authorization, including the number of grade crossing collisions and fatalities and the number of employee injuries and deaths. These improvements came while the amount of both freight and passenger rail activity on the nation's rail infrastructure was increasing. However, the improvements in safety measures have leveled off in recent years. Given significant projected continued increases in freight and passenger rail activity in the coming decade, there is concern that without additional efforts, some of the gains of the past decade may be lost. Among the issues that have dominated debate thus far are alleged shortcomings in the rail hours of service statute (49 U.S.C. 21101 et seq) that limit the act's effectiveness in preventing fatigue among train operating crews, which may be a contributing factor in a significant number of train accidents. A related issue is limbo time, time that train operating crews spend on shift, but not engaged in safety-related duties, after they have reached the limit of their shift under the rail hours of service act, which also contributes to fatigue. Unlike the hours of service rules for other transportation modes, the rail hours of service rules are set in law and cannot be altered through the regulatory process. Other prominent issues have included implementation by railroads of automated collision-prevention technology in trains, the adequacy of FRA track inspections, and safety at highway-rail grade crossings. As of early August 2007, three proposals for FRA reauthorization have been put forward. The Bush Administration's proposal for FRA reauthorization, the Federal Railroad Safety Accountability and Improvement Act (H.R. 1516/S. 918), would, among other provisions, provide DOT with the authority to amend the rail hours of service limits through the regulatory process. No action has been taken on this bill. Representative James Oberstar, Chairman of the House Committee on Transportation and Infrastructure, introduced H.R. 2095, the Federal Railroad Safety Improvement Act of 2007. On June 14, 2007, the Transportation and Infrastructure Committee adopted a managers' amendment to the bill and ordered the bill to be reported. The bill would increase the length of the minimum rest period under the rail hours of service act from eight to ten hours, and give FRA the authority to further increase the minimum rest period through regulation. It would increase the number of FRA safety inspectors from around 430 to 800, authorize federal rail safety programs at a total of $1.2 billion for FY2008-FY2011, and create new grant programs for grade crossing safety and train control technology. Senator Frank Lautenberg, Chairman of the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security of the Senate Commerce, Science, and Transportation Committee, introduced the Railroad Safety Enhancement Act of 2007 (S. 1889). This report will be updated.
