WASHINGTON — In an uncommon move, the National Transportation Safety Board has weighed in on a proposed rule before the Surface Transportation Board, expressing concern about a proposal regarding temporary trackage rights.
The proposed rule, requested by the Association of American Railroads, would allow an exemption from the usual process to approve trackage rights to address situations such as natural disasters or accidents. Currently, an exemption cannot become effective until 30 days after the railroad files a notice unless the STB provides a waiver; the new rule would allow the exemption to take effect five days after a notice is filed.
In its filing, the NTSB says the rule could reduce the level of safety because of crews operating in unfamiliar territories, and cites two Amtrak accidents as example. The first is the fatal 2017 Amtrak Cascades derailment in DuPont, Wash., after which an NTSB investigation found most operating crew had been qualified to operate on the Point Defiance Bypass after a single trip [see “National Transportation Safety Board says multiple state and federal agencies failed …,” Trains News Wire, May 21, 2019]. The second is a 2007 accident in which an Amtrak train rear-ended stopped a Norfolk Southern freight after misreading a signal aspect which was unfamiliar.
To address its concerns, the agency says it understands the need for the temporary trackage rights, but that “clear safety requirements are necessary to mitigate the risks” of crew members operating in unfamiliar territory.
The comment period on the proposed rule closed on Monday. The STB’s notice of proposed rulemaking is available here.
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