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FOR IMMEDIATE RELEASE: January 21, 2005

SCHUMER: YEAR AFTER HENRIETTA ACCIDENT, UNINSPECTED FREIGHT CARS AND BUSY CROSSINGS STILL POSE DANGER TO THOUSANDS IN ROCHESTER

Senator finds Federal government “asleep at the switch when it comes to freight train safety” and says terrorists could easily exploit weaknesses

New Schumer study finds tens of thousands of Monroe residents live near tracks carrying HAZMAT rail cargo - releases maps of local danger zones

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

US Senator Charles E. Schumer today warned that the deadly freight train accident that recently took eight lives in South Carolina could happen here because unsafe and uninspected train cars carrying toxic materials travel through Monroe County everyday. 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.

Schumer also spotlighted the dangers posed by poorly maintained railroad crossings one year after the tragic Henrietta accident, and his plan to strengthen government oversight, toughen punishments for violators, and enhance safety measures for the nation’s 250,000 highway rail crossings.

“The federal government is 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,” said Schumer. “Last week’s deadly derailment in South Carolina should not have to be a wake up call for the feds to beef up safety measures. What we need is a real plan to protect our communities and tougher penalties for railroad companies who disregard our safety.”

In 2001 a CSX train crashed in
Rochester, derailing 23 cars, three of which spilled thousands of toxic chemicals into the Genesee River. Sixteen months after the accident, Schumer made a direct appeal to CSX President and CEO Michael Ward, asking him to stop delaying and pay to clean-up the spilled chemicals and remove all the toxic sediment from the river. Currently, the clean-up is in its final phase as CSX contractors have removed more than 2,000 tons of contaminated sediment from the river. However, this accident could have been far more tragic had the chemicals spilled in to a neighborhood or a crowded community area.

Two weeks ago, 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 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 effects on respiratory and central nervous systems. However, cresol and sodium hydroxide were also released during the accident.

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 near 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. Sixty percent 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 FRA not only lacks the authority and the manpower to ensure the safe transportation of these toxic chemicals, it also does 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 to 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 are let off with a “slap on the wrist.” From 1990 to 2003, the average per-violation fine assessed by the FRA was a mere $2,133. CSX generated $6.2 billion in revenue in 2003, but is only fined an average of $1 million every year, despite its many flagrant safety violations and deadly accidents. Schumer has written 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, and investigate and prosecute delinquent companies.

Automate all manual 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.

mpose 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 led 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 into any company whose actions have led to at least one fatality.

Nearly one year ago, a crash in Henrietta, took the lives of two people. The crash was caused by a CSX train crew that did not stop at the South Winton Road crossing; the protective gates and warning lights had not been working there for one week. Now more than one year later, Schumer says, while he is pleased that CSX has initiated some improvements and hired an additional local inspector, it shouldn't take a tragedy to get the railroad companies to fix unsafe crossings. Schumer also said he was very concerned that the FRA is "still considering" what fines to impose on CSX.

Since 2000, more than 1,600 people have died in grade-crossing accidents. In order to prevent these tragedies, Schumer says he plans to pursue legislation to expand the power of the FRA to investigate and prosecute railroad companies, establish regulations to enhance safety measures, provide more money for crossing improvements, and hire more local inspectors.

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