Source: United States Senator for Nebraska Deb Fischer
WASHINGTON, D.C. – During a Commerce Committee hearing yesterday, U.S. Senator Deb Fischer (R-Neb.) questioned Ian Jefferies, CEO of the Association of American Railroads, and Alan Shaw, CEO of Norfolk Southern, about implementing rail safety technologies and the importance of notifying a community about the transportation of hazardous materials.
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Following is a transcript of Senator Fischer’s questioning:
Senator Fischer: The East Palestine train derailment has increased our public awareness of rail safety concerns, especially for trains that are moving through very rural, small communities like those in my home state of Nebraska. This committee takes rail safety very seriously. Modern technologies can enhance railroad safety, especially in how rail cars and tracks are inspected. Mr. Jeffries, can you explain how a two-pronged inspection system, using visual and automated track inspections, can improve rail safety?
Ian Jefferies: Thank you for that, and thank you for your efforts on rail safety. You’re exactly right. A two-pronged approach to track inspections is the appropriate path forward. So, as we’ve discussed, autonomous track inspection tools allow for not only a continuous inspection of track as a train goes over, but at a much higher level of sensitivity, a much higher level of effectiveness. It has been found to be 90% more effective in identifying flaws in the track before they become serious risks. And several pilot programs have been in place with some of our railroads at the FRA. Unfortunately, literally, had to sue the FRA to expand those pilot programs and recently won in court the ability to do that. It’s a shame that it took that level of effort for a proven safety technology. But it is a two-pronged approach. ATI doesn’t catch everything, and it doesn’t do every job that a human inspector does. So, we absolutely still need the human inspection capabilities, and hopefully, our inspectors are also spending more time addressing found anomalies than using the naked eye, walking the tracks. And again, there’s a place for both, and it’s a complementary approach that I think will result in a much higher level of safety, which should be the ultimate goal for everybody.
Senator Fischer: You know, that is the ultimate goal. That’s what we’re trying to get at here. So what’s impeding the use of those automated technologies throughout the whole rail network?
Ian Jefferies: Right, well, we’re going to take things step by step as we deploy this technology, for one. But, two, we need a regulatory environment—we need a regulator that promotes innovation, promotes technology, promotes pilot programs, identifying new ways of doing things, allows you to build a data set—
Senator Fischer: So, you don’t have to go to court and sue them?
Ian Jefferies: So, you don’t have to go to court. And let’s have the opportunity to experiment with things. Some technologies may not work out. Others may prove to have dramatic safety benefits. Let’s build the datasets that then we can objectively analyze in partnership with the regulator to advance safety.
Senator Fischer: Thank you. Mr. Shaw, as you’re aware, the current law dictates common carrier obligations that railroads must abide by. Specifically, railroads must transport any freight under reasonable terms, including hazardous materials. Mr. Shaw, can you explain how the common carrier obligation impacts the way that your railroad transports hazardous material in coordination with shippers?
Alan Shaw: Yes, thank you for that question, Senator. You know, rail remains one of the safest forms of handling hazardous materials. We do have a common carrier obligation to handle product. We work very closely with our customers, with our fellow railroaders and with elected officials and with the regulatory body to handle that in the safest manner possible. And I’ll note that, in 2022, our derailments were the fewest that they’ve been in the last two decades.
Senator Fischer: What obligation do shippers have, if any, on maintaining their rail cars that transport these hazardous materials?
Alan Shaw: Senator, as you know, there are many components of the Vance-Brown bill that we fully support. And the rail industry has been advocating and pushing for stronger tank car standards for about the last eight years, as I understand it. And that is included in the bill.
Senator Fischer: Thank you very much. I just have a couple, short questions here. Mr. Jeffries, for you, when I talk to my constituents in Nebraska, one of the items I hear about frequently is community notification. Folks just want to know what dangerous things could possibly be moving through their towns and cities, while still maintaining the security that’s needed, that that information is controlled in a way because we all know that there’s a lot of people out there that would like to cause mischief. That would be disastrous.
Ian Jefferies: Right.
Senator Fischer: In the FAST Act, which I helped to author, it added notice requirements that we did in a way that provided first responders the information they needed—again, ensuring that local actors wouldn’t have access to that. Those rulemakings haven’t been completed, is my understanding. Do freight railroads agree that appropriate community notification is necessary? And what part do they play in ensuring that communities do have that information?
Ian Jefferies: It is absolutely necessary. And we 100% agree with that assessment. And you’re right. The rule was supposed to be done, I think, a year after the FAST Act, and so, it’s seven years overdue. We didn’t wait around. We developed our own mechanism to get information into first responders’ hands. But we need help building awareness. We just sent letters out to every Firefighter Association in each state trying to build awareness. We’re shifting towards a—versus a responder-by-responder sign-up process to an emergency communications center model. Because, to Senator Vance’s point earlier, if you’re in a rural area, you don’t necessarily have cell service. But there’s a requirement that you always have radio service, to my knowledge, with the Emergency Communication Center. So, if the Emergency Communication Center has that access, the first responder can quickly get that from there. But we’ve got more work to do, and I look forward to working with Congress for further ways to get that information into those hands who need it.
Senator Fischer: Thank you. Thank you, Madam Chair.
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