Schumer: South Carolina Rail Disaster Could Happen Here - Hundreds of Thousands of NYers Risk Toxic Fumes From Unsafe & Uninspected Train Cars

SCHUMER: SOUTH CAROLINA RAIL DISASTER COULD HAPPEN HERE - HUNDREDS OF THOUSANDS OF NYers RISK TOXIC FUMES FROM UNSAFE & UNINSPECTED TRAIN CARS

Faulty train track equipment compounded danger from antiquated cargo trains during train crash last week that released toxic chlorine cloud, evacuated small SC town - similar signal failure this week in California caused 7-locomotive derailment and terrorists could easily exploit weakness

New Schumer study finds hundreds of thousands of New Yorkers live near rails carrying HAZMAT train cargo - releases maps of metro-area danger zones

Senator proposes tougher penalties instead of drop-in-the-bucket minimal fines now used; greater authority for Feds to rewrite the rulebooks on rail security; cutting the number of error-prone manual switches in half; age limits for cargo cars carrying hazardous materials; and doubling number of inspectors to root out rail problems

US Senator Charles E. Schumer today warned that the deadly freight train accident that took eight lives in South Carolina this week could happen here in New York because unsafe and uninspected train cars carrying toxic materials travel throughout the state every day. Schumer said that inadequate safety precautions put hundreds of thousands of New Yorkers living near rail lines at risk and released a map showing the metro-area danger zones. Schumer also detailed his new plan to prevent future rail chemical disasters, including tougher penalties for delinquent freight companies, increased railcar inspections and the installation of modern rail safety equipment across the country.

"The federal government is quite literally falling asleep at the switch when it comes to protecting us from deadly chemicals that are being transported through thousands of backyards every day," Schumer said. "This week's tragic accident in South Carolina and then again two days later in California shouldn't have to be a wake up call for the feds to beef up safety measures but it is. What we need is a real plan for passing through

Last Thursday, a freight train accident in Graniteville, South Carolina caused a hazardous chemical spill accounting for nine deaths and over 250 injuries - the nation's worst chemical accident from a train crash since 1978. The accident was caused when a manual track switch was left in the wrong position. After moving their train onto a sideline track, operators of the train failed to reset the manual switch so that another train would stay on the main line. Hours later, the train that was supposed to stay on the main line hit the parked train on the sideline and the chemicals were released. The spilled Chlorine caused for a gaseous cloud which hovered over the city through nightfall. Residents used towels and blankets to tape their doors and windows shut after the accident to keep the greenish-yellow gas out of their homes. Officials focused on the Chlorine more than the other two hazardous chemicals because of the gas's deadly affects on respiratory and central nervous systems- however cresol and sodium hydroxide were also released during the accident.

Two days later, a similar accident occurred in Bieber, California, forcing the evacuation of 5,400 local residents. The Federal Rail Administration (FRA), which is in charge of ensuring the train cars and tracks are maintained and operated safely, has indicated that they believe improper operation of a manual switch is to blame for this accident as well. The Bieber accident injured two workers and derailed 14 cars and 7 locomotives.

Schumer said that current rail safety measures and the prevalence of manual switches along rail lines provide inadequate protection for the hundreds of thousands of New Yorkers living in the areas surrounding the state's 3,695 miles of freight rail tracks. According to the National Transportation Atlas Database, more than 2.02 million tons of chemicals are transported on New York's rail networks every year.

Schumer said that manual rail switches are outdated and leave too much room for error when improperly operated. 60% of the nation's track is equipped with computer operated switches, however the other 40% only have manual switches. In addition, Schumer said that the Federal Rail Administration (FRA) not only lacks the authority and the manpower to ensure the safe transportation of these toxic chemicals, it also do not come down hard enough on freight rail companies who do not meet the current safety standards.

In response to the South Carolina accident, the FRA issued a safety advisory asking that railroads "document when a manually operated switch in non-signaled territory is changed from the main track to a siding and returned back to the normal position for main track movements. In addition, these actions should be communicated to all crewmembers and the train dispatcher." However, Schumer said that the advisory does not go far enough to prevent future accidents.

To protect New Yorkers from an accident like the one in South Carolina, Schumer today offered a new plan to give the FRA more teeth in going after negligent freight companies and improve safety measure along the rail lines:

"Re-write the books" giving the FRA the authority regulate the freight rail industry better and impose tougher penalties for each violation: Currently, the maximum fine the FRA can impose per violation is $11,000- a veritable "drop in the bucket" for these billion dollar companies and often railroad companies are not given the full penalty and let off with a "slap on the wrist."

Schumer today wrote a letter to the Administrator of the FRA, Robert Jameson, urging him to inflict maximum penalties and use all that current law allows to crack down on safety violations. In addition, the FRA now has very limited authority with which to investigate and prosecute freight rail companies that refuse to meet safety requirements. To expand the authority of the FRA, Schumer announced plans to introduce legislation giving the FRA increased power to toughen safety standards, investigate and prosecute delingquent from companies.

Switch all manual switches to automatic switches: Federal records show that misaligned manual switches represent one of the most common causes of train wrecks. However 40 percent of the track in the United States are still only equipped with manual switches and not automatic switches that run by computer technology. Schumer today called for immediately replacing half of the manual switches to automatic with an ultimate goal of 100% automatic switches along US tracks.

Impose a strict age limit for cars carrying HAZMAT - Railcars carrying some of the most dangerous materials on earth should be equipped with the latest safety technology and protective countermeasures. However, according to the New York Times and government safety officials, more than half of the nation's 60,000 pressurized rail tank cars are not up to federal code. Schumer today proposed that FRA conduct a comprehensive review of and impose a strict 15-year age limit on railcars able to carry HAZMAT.

Double the number of inspectors: The National Transportation Safety Board found that of the 60,000 pressurized tank cars operating on US rail tracks, more than half were not built to proper safety standards. Currently there are 400 inspectors nationwide who evaluate the safety of the trains carrying hazardous materials. Schumer today proposed doubling the number of inspectors to 800 so that the FRA could double the amount of random inspections on these cars to ensure that any rail car carrying HAZMAT not up to code is repaired and upgraded immediately.

Conduct a full FRA investigation of the safety practices of freight rail companies - Schumer said that it is time for the FRA to take strong action against railroad companies whose safety violations have lead to innocent fatalities. It is clear that major railroad companies do not treat safety regulations and diligent maintenance as a high priority. Schumer proposed that the FRA conduct its own investigations in to any company whose actions have lead to at least one fatality.

In his letter to Administrator Jameson, Schumer wrote, "In the wake of last weeks devastating crash in South Carolina and a second accident just this week in Georgia, I respectfully ask you to immediately expand safety regulations to protect civilians who live in close proximity to HAZMAT shipping routes, and commit the resources necessary to prevent future accidents."

http://schumer.senate.gov/SchumerWebsite/pressroom/press_releases/2005/PR40072.RailSecSunday11605.html