Schumer Blasts Railroad Companies During Major Senate Hearing Today

Calls For Passage Of His Legislation; After Major Crashes in Oneida, East Rochester, and Selkirk This Year, and More than 500 Accidents Since 2000, Schumer Called for Long Over Due Congressional Inquiry

May 22, 2007 -- Today, U.S. Senator Charles E. Schumer testified before the Senate Commerce Committee's Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security to blast the railroad companies for turning a blind eye to safety and infrastructure problems in New York and across the country. Schumer, who had called for Congressional hearings after the Oneida train explosion on March 14, said Congress needs to act before there is another tragedy, and called for the quick passage of his comprehensive rail safety legislation, Rail Crossing and Hazardous Materials Transport Act of 2007. A copy of the Senator's testimony is included below.

"Millions of Americans who live in communities and neighborhood that lie near freight rail tracks live life in the crosshairs, fearing that the next derailment or accident could be a terrible disaster. Thankfully, many of these accidents have been minor. But each one should have been a wake up call to overhaul our system in order to prevent the next serious crash. Unfortunately, the industry has continued to hit the snooze button. It is now up to Congress to wake the industry up and that is what this hearing and my legislation will hopefully do."

From 2000-2006, there were 572 rail accidents in communities across upstate New York, causing nearly $34 million in damages. Below is how the numbers break out across the state:

# In the Capital Region, there were 148 rail accidents from 2000-2006, causing $7,738,878 in damage.
# In Central New York, there were 23 rail accidents from 2000-2006, causing $2,288,665 in damage.
# In the Rochester-Finger Lakes Region, there were 27 rail accidents from 2000-2006, causing $3,519,295 in damage.
# In the Hudson Valley, there were 142 rail accidents from 2000-2006, causing $5,849,032 in damage.
# In the North Country, there were 17 rail accidents from 2000-2006, causing $4,310,485 in damage.
# n the Southern Tier, there were 28 rail accidents from 2000-2006, causing $1,720,567 in damage.
# In Western New York, there were 187 rail accidents from 2000-2006, causing $8,466,066 in damage.

Schumer is the author of the Rail Crossing and Hazardous Materials Transport Act, which sets tougher minimum and maximum fines for fatal accidents and establishes new requirements for investigations, inspections and the use of new safety technology. The legislation aims to crack down on negligent railroad companies and require the broader use of modern technology to protect the public from more fatal crossing and hazardous materials accidents.

Below is the Senator's Testimony from today's hearing before the Senate Commerce Committee, Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security:

Thank you, Mr. Chairman. First, I'd like to thank the committee for holding this hearing on an issue that affects the entire nation. This country's rail system is a vital lifeline for many of America's towns and cities. However, I believe that in New York and across the country, we are on the brink of disaster. We can no longer afford to our tracks and trains it in such a dismal state of disrepair. We must make sure it is as safe as possible and that rail companies who refuse to make even the most basic repairs are held accountable for their actions.

Millions of Americans who live in communities and neighborhood that lie near freight rail tracks live life in the crosshairs, fearing that the next derailment or accident could be a terrible disaster.

Thankfully, many of these accidents are minor, but each one should have been a wake up call to overhaul our system in order to prevent the next serious crash. Unfortunately, the industry has continued to hit the snooze button. It is now up to Congress to wake the industry up and that is what this hearing and my legislation will hopefully do.

I have said it before and I will say it again. The railroad industry has turned a blind eye to safety and allowed our nation's rails to degrade year after year. In 2004, the railroad industry made over $42 billion in revenues by shipping goods 1.66 trillion miles over America's rail system. However, despite record business and profits, the industry's safety record has grown deplorably worse. This record must improve immediately. The number of derailments that have occurred in the first quarter of this year is 8% higher than for the same period ten years ago, jumping from 280 derailments to over 300.

The current crisis lies in the decrepit state of our nation's rail lines. No state has seen the effects of this more than my home state of New York. For two centuries now, New York has relied on rail lines to transport its goods within the state and all over the country. More than 3,500 miles of track crisscross New York, from Buffalo to Albany, Plattsburgh to New York City, with 36 railroads operating in the state. In the period between 2000-2006, there were 572 rail accidents in New York, causing $34 million in damages. Every year, 2.95 million tons of hazardous materials travel through my state by rail. This year has seen a rash of dangerous derailments across the state that could have caused serious harm.

In March, a CSX freight train hauling derailed in Oneida, NY. Several of the cars were carrying dangerous chemicals, and they ignited, sending a fireball into the sky seen from miles away. Thousands were evacuated, and the FRA was sent in to investigate the crash. Of course, the reason for the derailment was a crack in the rail. This is just another chapter in the long story of railroad negligence when it comes to safety.

The FRA report of the Oneida derailment faulted CSX with 79 different problems with their tracks across New York. And it is not just the Oneida crash that has shaken the residents of New York. There are many other examples of rail companies asleep at the switch in my state. On January 16, thirteen cars on a CSX train left the tracks in the village of East Rochester, landing within a few feet of nearby homes. No one was injured, but at least two motorists were nearly hit by falling trailers that were dislodged from their train cars. The week before, 20,000 gallons of methanol caught fire at the CSX Selkirk rail yard, the same destination as the train that derailed on Monday. On December 10, a CSX train carrying canned goods derailed on an overpass in Cheektowaga, leaving one boxcar teetering on the edge of a railroad bridge and sending a second onto Union Road.

It is because of situations like this that I've reintroduced the Rail Crossing and Hazardous Materials Transport Act. Congress cannot allow rail companies like CSX to continue to sit idly by and let their tracks fail apart while they collect checks. We must hold their feet to the fire, and send them a clear message that we mean business and won't allow this behavior to continue.

My bill would dramatically increase the fines for violating the FRA rules, and it will also update FRA standards regarding hazardous materials and increase fines, making sure that we -- the federal government -- are doing our part. But we can't be the only ones stepping up to the plate. Rail companies must haul their share of the burden in ensuring that our rail system is as safe as possible, for the physical safety of our passengers, motorists, rail workers, and pedestrians, and for our own economic security.

Congress, the Department of Transportation, state and local agencies, and the rail companies must all work together to minimize dangerous spills like what happened in Oneida. Of course, train derailments are not a phenomenon limited to my state. We should not wait until a fatality to act. We must act now. We must crack down on sleeping companies, while at the same time help improve the rail infrastructure of our nation.

My legislation would do just that. It attacks this problem of rail safety head-on and holds violators accountable for their actions - or lack thereof. It also would help state and local governments who are trying improve rail infrastructure by providing $50 million in grants. Additionally, my bill will provide financial assistance to areas such as Long Island and Westchester to close very dangerous platform gaps that exist. We cannot wait any longer.

I look forward to working with this Committee and hope that as the committee moves forward with a rail safety bill, it will consider my legislation, and the positive effect it could have on our nation's rail network. I thank the committee for holding this hearing, and will be submitted a more extensive written statement for the record. Rail companies must be held accountable for dropping the ball when it comes to rail safety, but we must do out best to compensate for their shortcomings. Thank you.

Source: Senator Charles E. Schumer