First and foremost, as reported in last month’s update, we are in opposition to
the Railroad Antitrust Enforcement Act of 2009, S.146.
On May 21, Senator Harry Reid (D-NV) made a motion to
proceed to consideration of the Railroad Antitrust Bill, S.146. Congressman
Jay Rockefeller, Chairman of Commerce, Science, and Transportation, called the
BLET Legislative Office in
On May 20, Rep. Jerrold Nadler
(D-N.Y.) introduced H.R. 2530, the Freight Rail Economic Development Act of
2009. This bill proposes to authorize the Secretary of Transportation to make
capital grants to fund the construction or rehabilitation of rail switches and
sidings in parts of the country with insufficient or underutilized freight-rail
infrastructure. The legislation aims to restore and renew economic development
opportunities in locations hardest hit by the recession.
Nadler stated: "Depressed economies, like those we have in upstate
Toxic Materials, Rail Security, and Public Safety
The railroads are pressing federal
regulators to cut back on trains carrying hazardous materials through urban
areas. Rail companies fear that they could be liable for billions in legal
claims in the case of a catastrophic incident involving a toxic spill caused by
a derailment, accident, or act of sabotage. Railroads are bound by federal law
to transport numerous toxic materials used in agriculture, manufacturing, and
water treatment, but rail industry associations are petitioning to allow
railroads to refuse to carry toxic chemicals over long distances. The Obama
administration and others are opposed to this effort, stating that rail is the
safest way to move these materials. If trucks were to start hauling the
materials that railroads reject, the danger would be greater.
Union Pacific recently refused to
transport chlorine from a plant in
Scott Jensen, American Chemistry
Council spokesman, stated that railroads "would effectively control the
supply and demand" of materials if they could refuse to carry certain
shipments and that simply cannot be tolerated.
Along those same lines, the Government
Accountability Office (GAO) has completed a two-year study of freight rail
security. Since 9-11, federal rail security efforts have been focused on
hazardous cargo; however, the GAO takes the position that emphasis must also be
placed on protecting the sector’s physical and cyber assets, such as bridges
and control systems. BLET First Vice-President Paul Sorrow stated that
"while the recent TSA rule ensures that hazardous cargo is not left
unattended, non-hazmat carrying trains are still left unsecured. One way to
secure trains -- hazmat carrying or not -- would be to equip all locomotives
with locking air brake valves. We have been pushing this idea for several years
now and are hoping that it becomes a standard practice throughout the
industry.”
Since 9-11, the Transportation
Security Administration (TSA) has focused on the security of toxic-inhalation
hazard (TIH) chemicals, guided by the White House's Homeland Security Council,
based on the inherent vulnerability of sprawling rail sector, and the dangers
posed by intentional release of common industrial chemicals like chlorine or
anhydrous ammonia.
The TSA enacted a rule last year that requires that carriers maintain a
documented chain of custody for TIH cargos, and that they are never left
unattended in urban areas designated as “high-threat” by the Department of
Homeland Security. A rule enacted by the Department of Transportation's
Pipeline and Hazardous Materials Administration requires that shippers conduct
route risk assessments and, where commercially practicable, choose routes that
present the least risk.
FY 2010 Appropriations for High Speed Rail and Amtrak
In its federal programs budget
recommendations released in early May, the Obama Administration recommended $1
billion for high speed and intercity passenger rail service. This is the first
of a five-year program to build on the $8 billion that was included in the
Recovery Act for high speed rail. The Administration also proposed $1.5 billion
for Amtrak in FY 2010. This is slightly higher than the railroad’s $1.49
billion appropriation for FY 2009.
However, the funding recommendation for the Rail and
Public Transportation Security Grants program was reduced from $400 million
(plus $150 million in ARRA funds) in FY 2009 to $250 million in FY 2010. The
9/11 Commission Recommendations Act authorizes $900 million for transit
security grants in FY2010.
According to the Railroad Retirement
Board, beginning July 1, 2009, the maximum daily benefit rate payable for
claims under the Railroad Unemployment Insurance Act will increase from $61 to
$64. Benefits are normally paid for the number of days of sickness or
unemployment exceeding four in a 14-day registration period. Maximum benefits
for biweekly claims will total $640.
During the first 14-day period in a benefit year, benefits are payable for each
day of unemployment or sickness exceeding seven days, rather than four, which,
in effect, provides a one-week waiting period. An initial claim for sickness
must also begin with four consecutive days of sickness. However, only one
waiting period is required during any period of continuing unemployment or
sickness, even if that period continues into a subsequent benefit year.
Claimants already on the rolls will, therefore, normally not be required to
serve another waiting period because of the onset of the new benefit year.
For more details on these benefits,
please go to www.rrb.gov or call the Railroad
Retirement Board office at 1-877-772-5772. Claimants can also find out the
address of the RRB office serving their area by calling this toll-free number
or by visiting www.rrb.gov.