Author: paul

The U.S. Department of Transportation today released the details of its comprehensive rulemaking proposal to improve the safe transportation of large quantities of flammable materials by rail – particularly crude oil and ethanol – in the form of a Notice of Proposed Rulemaking (NPRM) and a companion Advanced Notice of Proposed Rulemaking (ANPRM).
The NPRM proposes enhanced tank car standards, a classification and testing program for mined gases and liquids and new operational requirements for high-hazard flammable trains (HHFT) that include braking controls and speed restrictions. Specifically, within two years, it proposes the phase out of the use of older DOT 111 tank cars for the shipment of packing group I flammable liquids, including most Bakken crude oil, unless the tank cars are retrofitted to comply with new tank car design standards. The ANPRM seeks further information on expanding comprehensive oil spill response planning requirements for shipments of flammable materials. Both the NPRM and ANPRM are available for review on www.regulations.gov and will now be open for 60 days of public comment. Given the urgency of the safety issues addressed in these proposals, PHMSA does not intend to extend the comment period.
“Safety is our top priority, which is why I’ve worked aggressively to improve the safe transport of crude oil and other hazardous materials since my first week in office,” said Secretary Foxx. “While we have made unprecedented progress through voluntary agreements and emergency orders, today’s (July 23) proposal represents our most significant progress yet in developing and enforcing new rules to ensure that all flammable liquids, including Bakken crude and ethanol, are transported safely.”
The July 23 NPRM is based on an ANPRM published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) last September, and reflects feedback from more than 152,000 commenters. Specifically, PHMSA will seek comment on the following provisions:
Defining the term “high-hazard flammable train” (HHFT).

• Proposes a definition of HHFT as a train carrying 20 or more tank carloads of flammable liquids (including crude oil and ethanol).

Better classification and characterization of mined gases and liquids.

• Proposes development and implementation of a written sampling and testing program for all mined gases and liquids, such as crude oil, to address:

1. frequency of sampling and testing;
2. sampling at various points along the supply chain;
3. sampling methods that ensure a representative sample of the entire mixture;
4. testing methods to enable better analysis, classification, and characterization of material;
5. statistical justification for sample frequencies; and,
6. duplicate samples for quality assurance.

• Proposes that offerors be required to certify that sampling and testing program is in place, document the testing and sampling program, and makes program information available to DOT personnel, upon request.

Rail routing risk assessment.

• Proposes that carriers be required to perform a routing analysis for HHFT that would consider 27 safety and security factors and select a route based on findings of the route analysis.

Notification to State Emergency Response Commissions.

• Proposes to codify DOT’s May 2014 emergency order that require trains containing one million gallons of Bakken crude oil to notify State Emergency Response Commissions (SERCs) or other appropriate state delegated entities about the operation of these trains through their States.

Reduced operating speeds.

• Requests comment on three speed restriction options for HHFTs that contain any tank cars not meeting the enhanced tank car standards proposed by this rule:

1. a 40-mph maximum speed restriction in all areas;
2. a 40-mph speed restriction in high threat urban areas[1]; and,
3. a 40-mph speed restriction in areas with a 100K+ population.

• If tank cars in the HHFT meet specifications finalized in the enhanced tank car section of this rule, speed would be limited to 50-mph in all areas (rather than 40-mph).
• PHMSA also will evaluate a 30-mph speed restriction for HHFTs that do not comply with enhanced braking requirements.

Enhanced braking.

• Proposes to require all HHFTs to be equipped with alternative brake signal propagation systems. Depending on the outcome of the tank car standard proposal and implementation timing, all HHFTs would be operated with either electronic controlled pneumatic brakes (ECP), a two-way end of train device (EOT), or distributed power (DP).

Enhanced standards for both new and existing tank cars.

• Proposes new standards for tank cars constructed after October 1, 2015 (and that are used to transport flammable liquids as part of a HHFT) (e.g., thermal, top fittings, and bottom outlet protection; tank head and shell puncture resistance). PHMSA is requesting comment on three options for enhanced tank car standard requirements:

1. Tank car option 1 would have 9/16 inch steel, would be outfitted with electronically controlled pneumatic (ECP) brakes and would be equipped with rollover protection.
2. Tank car option 2 would also have 9/16 inch steel but would not require ECP brakes or rollover protection.
3. Tank car option 3 is based on a 2011 industry standard and has 7/16 inch steel, and does not require ECP brakes or rollover protection

• Proposes to require existing tank cars that are used to transport flammable liquids as part of a HHFT be retrofitted to meet the selected option for performance requirements. Those not retrofitted would be retired, repurposed, or operated under speed restrictions for up to five years, based on packing group assignment of the flammable liquids being shipped by rail.

PHMSA will concurrently publish an ANPRM on oil spill response plans, specifically current thresholds and their applicability to rail, in part in response to an NTSB recommendation issued in January 2014.
In addition to issuing the NPRM and ANPRM, PHMSA concurrently released a report summarizing the analysis of Bakken crude oil data gathered by PHMSA and FRA between August 2013 and May 2014. The data show that crude oil from the Bakken region in North Dakota tends to be more volatile and flammable than other crude oils. Collected as part of Operation Classification (OSD), a joint PHMSA and Federal Railroad Administration (FRA) effort, the data were initially gathered to verify that crude oil was being properly classified in accordance with federal regulations, and evolved to include more robust testing to better understand the characteristics of the product.
The safety risk presented by transporting Bakken crude oil by rail is magnified both by an increasing volume of Bakken being shipped by throughout the U.S. and the large distances over which the product is shipped. In 2008, 9,500 rail-carloads of crude moved through our country compared to last year, when there were 415,000 rail-carloads. Moreover, on average Bakken crude oil shipments travel over 1,000 miles from point of origin to refineries on the coasts.
PHMSA and FRA plan to continue the sampling and analysis activities of Operation Safe Delivery through the summer and fall of 2014working with the regulated community to ensure the safe transportation of crude oil across the nation.
Click here for additional information on the steps the Department of Transportation has already taken to help strengthen the safe transport of crude oil by rail.

I am pleased to report that SMART (International Association of Sheet Metal, Air, Rail and Transportation Workers) members at the Long Island Rail Road, along with their brothers and sisters at allied Unions, have finally attained a hard earned and fair contract that will avoid a disaster for workers and communities on Long Island.
These members have sacrificed much during these past five years while never faltering in servicing the traveling public with their unmatched professionalism and dedication. This is not a fight they chose but, nevertheless, they fought tooth and nail to ensure a fair contract to fulfill the fair day’s pay for the fair day’s work they contribute day in and day.
I would like to personally thank GCA 505 Chair Anthony Simon, who served as the leader of the Union coalition, for his tireless leadership and patience during this crisis.  He is not only a credit to this organization, but a valuable leader with a bright future in this organization and within the American Labor Movement.  I would also like to recognize General Chairman John McCloskey who represents railroad sheet metal mechanical and engineering workers at the LIRR.  I would also like to thank Transportation Division President John Previsich who stood side by side with us in support of the members working at the Long Island Rail Road.  Governor Cuomo and the bipartisan delegation of leaders across Long Island who stood with us also are deserving of praise.
Our work is not yet done.  Members of this organization, sheet metal workers across the United States and Canada, conductors, engineers, rail road mechanics, aviation workers, sign workers and everyone in between, stood shoulder to shoulder in solidarity with our brothers and sisters in Long Island.  Our work paid off.  Now it is time to apply our strengths everywhere else – the strength that comes from the solidarity of this membership and working families across this country.
SMART, the International Association of Sheet Metal, Air, Rail and Transportation Workers, is one of North America’s most dynamic and diverse unions with 216,000 members. SMART’s members ensure the quality of the air we breathe, promote energy efficiency, produce and provide the vital services that move products to market and passengers to their destinations. We are sheet metal workers, service technicians, rail road mechanics, bus operators, engineers, conductors, sign workers, welders, production employees, airline employees and more. With members in scores of different occupations, we advocate for fairness in the workplace, excellence at work and opportunity for all working families.
Joseph Nigro
SMART General President

We deeply regret that MTA’s irresponsible actions will cause a strike beginning this weekend.
The unions representing Long Island workers have done all in our power to reach a reasonable settlement in four years of bargaining.
We have accepted the compromise recommendations of two Presidential Emergency Boards, comprised of six renowned arbitrators, including the selection of our last best offer as the “most reasonable”.
We have offered to delay the strike for sixty days or less.
We have made counter-offers that address MTA demands, but every time MTA just moves the ball.  MTA’s latest take it or leave it offer is worth far less than both Emergency Board’s recommendations.
MTA knows full well that the selection of the most reasonable offer by a second Presidential Emergency Board is almost always accepted by both sides.  The only time that hasn’t happened is when the party not satisfied with the recommendation forces a strike.  That has not happened in the last twenty years.  But that is the course MTA has chosen.
Why?
It is not because they cannot afford the settlement without raising fares.
If it were about money, the MTA Chairman would not have given his blessing to the state diverting $49 million from MTA revenues, saying “our needs are being met.”
If it were about money, MTA management would stop their own windfall benefits, like free lifetime medical coverage, for which MTA pays exorbitantly at active, not retiree, rates.
If it were about money, MTA would impose the so-called “modest” pension changes they are demanding from union workers on themselves.  MTA union workers and management are under the same pension plan. Management pays zero, union workers pay 4% for ten years, and now MTA is demanding payment for life.  The unions have offered to increase the duration of contributions, but MTA says it is not enough.  The public should demand that when a contract is reached, MTA management pays the same as union workers for the same pension.
If it were about money, MTA wouldn’t be wasting precious dollars on dishonest attack ads instead of finding time to negotiate.
MTA has refused every compromise.  It has decided a strike is its best course.  It refuses to delay the strike past the summer season so vital to the Long Island economy.  Yet, while telling the press it doesn’t want congressional intervention, MTA has been on Capitol Hill begging for a delay until December.  At MTA, politics matters, people don’t.
The concessions MTA is demanding do not produce any savings until well into the future.  MTA can seek all of them in negotiations that will begin in just a year and a half.
MTA’s stated goal is to change the Railway Labor Act.  They believe they can achieve that by provoking a strike.  It is a reckless and cynical strategy that will inflict much unnecessary pain on the people and business in the New York area.
Two neutral Presidential Emergency Boards were not wrong.  MTA is.  We regret that their intransigence will now cause a strike.
 
–          Anthony Simon, SMART General Chairman and Coalition Spokesperson.
 

Below is the text of a letter released by the Long Island Federation of Labor:
The Long Island Federation of Labor, AFL-CIO, fully supports the Long Island Railroad unions in their efforts to negotiate a contract with the MTA. It is essential to all of us that negotiations reach a successful conclusion.
Working families have made substantial sacrifices since the onset of the Great Recession. Layoffs, furloughs, wage freezes, and benefit cutbacks have been common in the public and private sectors of the workforce. All of us have paid a steep price for the greedy and reckless behavior of the financial sector which has undermined pensions, home mortgages and local tax revenues.
The Long Island Railroad unions have gone without an increase for four years. It is time the MTA stops gambling with the local economy and reaches an agreement that reflects the terms of two independent Presidential Emergency Boards. It includes contributions by employees to the cost of benefits looking forward and modest wage increases.
The Long Island Railroad is the backbone of our region’s economic vitality. The MTA’s intransigence is risky and impacts all of us – workers, small businesses and government.
The Executive Board of the Long Island Federation of Labor commits the full support of the organization to the Long Island Railroad unions. The Federation will reach out to elected officials, including Congress and the Governor, and keep lines of communication open as required to help the unions reach a fair agreement. In the event of a strike, the Federation is prepared to supply whatever assistance is needed by the unions.

Visitors to Horicon Marsh in Mayville, Wisconsin will have new scenery to enjoy with the completion of the latest Union Sportsmen’s Alliance Work Boots on the Ground, all-volunteer project that brings together union members from all over the country for conservation.
Union volunteers, all members of the South Central Wisconsin and Northeast Building and Construction Trades councils, donated their time and expert trade skills to put a roof on a picnic pavilion and refurbish bridge decking in need of repair on June 13. Throughout the day, workers installed roof tresses and shingles and repaired and replaced portions of a bridge deck that were weathered and in need of refurbishing.
Dave Branson, Executive Director of the South Central Wisconsin Building and Construction Trades Council, headed up the project. “It’s nice to get out in the community and do something for the marsh out there that people can use and enjoy,” Branson said.
Union volunteers, including members of Sheet Metal Local 18, and the South Central Federation of Labor. Wisconsin resident Tim Bindl, who formerly coordinated the USA’s Work Boots on the Ground program, lent some additional elbow grease to the project.
“Union volunteers bring expert skills and sincere dedication to our Work Boots on the Ground projects all over the country,” said Fred Myers, Executive Director and CEO of the Union Sportsmen’s Alliance. “They bring a strong work-ethic to the job in small towns and big cities, making a huge impact in our daily lives. They want to give back in their local communities, and being part of our conservation initiatives gives them a way to do that.”
Erin Railsback, Visitor Services Manager at Horicon Marsh, said The Egret Trail, where the work took place, is the most popular site on the refuge.
“It’s fantastic that this group was able to donate the time to help enhance the facilities for our visitors,” Railsback said. “Because of their volunteerism and commitment to conservation and education, thousands of visitors will be able to take advantage of the shelter…and continue to enjoy access to the marsh itself.”