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HomeMy WebLinkAbout21. 16-184APRIL 12, 2016 16-184 RESOLUTION (CARRIED __6-0_____LOST ________LAID OVER _______ WITHDRAWN_____) PURPOSE: RESOLUTION IN SUPPORT OF FEDERAL RAIL ROAD ADMINISTRATION CREW SIZE RULE INITATED BY: COUNCIL MEMBER HERMAN WHEREAS, the safe operation of freight and passenger trains are vital to commerce; and WHEREAS, the City of Oshkosh supports efforts to keep train operations safe in the City of Oshkosh, Winnebago County, Wisconsin; and WHEREAS, the Federal Railroad Administration (FRA) has published a notice of proposed rulemaking (NPRM) regarding adequate staffing on trains, a factor the City of Oshkosh believes is vital to ensuring safe train operations; and WHEREAS, polling across America from North Dakota to Alabama shows overwhelming bi-partisan support of two-person crews, with 83 to 87 percent of those polled in favor of mandating that trains be operated by a crew of at least two qualified individuals; and WHEREAS, national studies show that a minimum of two on-board crew members are vital to operate a train safely and minimize the likelihood of train-related accidents; and WHEREAS, virtually all trains in North America are already operated by crews of at least two individuals, making the economic impact of this proposed rule minimal; and WHEREAS, the FRA agrees that, while advancements in automated technology such as Positive Train Control (PTC) systems improve railroad safety, they are not a substitute for a train’s on-board crew members. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh to support the FRA’s proposed ruling, requiring that trains operated in America be operated by no less than a two-person crew; and BE IT FURTHER RESOLVED that this resolution be filed with the United States Department of Transportation in the form of comments in support of the proposed federal rule. Notice of Proposed Rule : FRA-2014-0033 Attached is a rough draft of a resolution or proclamation that can be used by state or local entities to support the proposed federal rule on crew size (link below). We are counting on vou to pass resolutions and/or generate comments from public entities and civic groups in support of the proposed rule. If a railroad reduces a train's crew size, this will put additional burdens on local communities when derailments or accidents occur. After the resolution has been passed, it should/will be filed with the United States Department of Transportation in the form of comments in support of the proposed federal rule. We only have 60 davs to make comments and to support the proposed federal rule on crew size Due date 5/16/2016 !!! These resolutions will help support and strengthen the final rule. As you may be aware, Wisconsin already has a two person crew law (highlighted below) and we need to make sure that all trains from our bordering states have at least two crew members aboard before entering Wisconsin. Please forward to anv public entity or organization in vour area Wisconsin State Statute : 19225 Railroad train` crews. 192.25 1 (1)In this section: 192.25(1)(a) (a) "Certified railroad locomo�ive engineer" means a person certified under 49 CFR 240 as a train service engineer, locomotive servicing engineer or student engineer: 192.25(1)(b) (b) "Qualified railroad trainman" means a person who has successfully completed a railroad carrier's training program and passed an examination on railroad operation rules: 192.25 2(2)No person operating or controlling any railroad, as defiried in s. 85.01 5, may allow the operation of any railroad train or locomotive in this state unless the railroad train or locomotive has a crew of at least 2 individuals. One of the individuals shall be a certified railroad locomotive engineer. The other individual shall be either a certified railroad locomotive engineer or a qualified railroad trainman. A certified railroad locomotive engineer shall operate the control locomotive at all times that the railroad train or locomotive is in motion. The other crew member may dismount the railroad train or locomotive when necessary to perform switching activities and other duties in the course of his or her job. 192.25 3 (3) 192.25(3)(a)(a) The office; by rule, may grant an exception to sub. � if the office determines that the exception will not endanger the life or properiy of any person. 192.25(3)(b) (b) Subsection � does not apply to the e�ent that it is contrary to or inconsistent with a regulation or order of the federal railroad administration. 192.25 4(4)Any person who violates sub: � may be required to forFeit not less than $25 nor more than $100 for a first offense, not less than $100 nor more than $500 for a 2nd offense committed within 3 years, and not less than $SOO nor more than $1,000 for a 3rd offense committed within 3 years. 192.25 History History: 1997 a. 42. 192.25 AnnotationThis section is preempted by:federal law except to the e�ent that sub. (2) prohibits over-the-road train operation unless there is a train crew of at ieast 2. However over- the-road operations may also be exempted by specific agreement between the Federal Railway Administration and an individual railroad. Burlington Northern and Santa Fe Railway Co. v. Doyle, 186 F.3d 790 (1999). Submitting Resolutions to the Federal Railroad Administration. Once your resolution has passed and you need to submit it to the Federal Railroad Administration, you can do it through the following methods. 1) HandDelivery: Room W12-140 on the Ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. 2) Mail: Docket Management Facility, U. S. Department of Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590. 3) Fcrx:202-493-2251. 4) Online: Go to https://www.reo�,ulations. ov; type in FRA-2014-0033; clink on Comment Now; and then follow the directions. FRA-2014-0033 FOR FURTHER INFORMATION CONTACT: Joseph D. Riley, Railroad Safety Specialist (OP)-Operating Crew Certification, U. S. Department of Transportation, 4 Federal Railroad Administration, Mail Stop-25, Room W33-412, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 493-6318, or Alan H. Nagler, Senior Trial Attorney, U. S. Department of Transportation, Federal Railroad Administration, Office of Chief Counsel, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W31-309, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 493-6038).