Letter to the Hon. Elaine Chao, Secretary of Transportation - Asking DOT to Clarify Adherence to Federal Law

Letter

Dear Secretary Chao:

In the wake of the tragic Amtrak derailment in Washington, we write to you regarding the Department of Transportation's legal responsibility to ensure steps are taken to prevent these types of tragedies in the future. Specifically, we seek answers from the Department of Transportation as to the status of passenger railroad speed limit action plans required by the Fixing America's Surface Transportation (FAST) Act of 2015.

As you know, the Passenger Train Derailment Prevention Act of 2015 was included as Section 11406 of the FAST Act. This important provision required each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation to survey its entire system and identify each curve, bridge, or tunnel requiring a reduction of more than 20 miles per hour from the approach speed and submit an action plan detailing steps the railroad will take to enhance safety at those locations. Those steps could include modification of existing ATC or other signal systems, increases in crew size, installation of signage at those locations, installation of alerters in cabs, and increases in crew communication. The plan must contain milestones and target dates for implementing those steps.

While the root causes of this most recent derailment are still being investigated, it is clear that this accident involved a train travelling at high speed entering into a high-hazard curve. Compliance with Section 11406 was intended to reduce the likelihood of these tragic events and, as such, we seek answers from the Department of Transportation as to the status of these action plans. Specifically, we would like to know if Amtrak has submitted any speed limit action plans to the DOT for review and approval, as required by law, and whether DOT reviewed and approved such plans. We also request copies of the plans.

Thank you for your attention to this letter, and we look forward to your prompt response.