Document 2qYX9No6yY5vgOmXmbNRb6KK7

*am rain% Chair Committee on Xramiportation anb 3nfragructure Ti)ouo of Repreontatibe5 a.aOingtott,EKE 20515 *kick iarOen tanking jilember Nick Christensen,Staff Director Katherine W.Dedrick,Democratic Staff Director June 17,2025 Honorable Sean Duffy Secretary Department of Transportation 1200 New Jersey Avenue,SE Washington D.C.20590 Re: FRA Docket # 2025-0059 Dear Secretary Duffy: We write to express our concern with the Association of American Railroads'(AAR)request to drastically reduce the number of visual track safety inspections currently required of Class I railroads under Part 213.233,title 49 Code ofFederal Regulations from twice a week,to twice a month.The request also proposes to allow railroads to address track defects up to 72 hours after finding any defects rather than immediately addressing them,as current regulation requires'.We urge you to deny this waiver request in the interest of rail safety. We support the use oftechnology to improve rail safety and sustain railroadjobs.We do not believe that fewer visual inspections or waiting three days to address known problems is in the public interest nor is it consistent with railroad safety,as safety waivers are required to be by law. Following the Norfolk Southern derailment in East Palestine,Ohio on February 3,2023,that devastated the surrounding community,Class I railroads committed tojoining the FRA's Confidential Close Call Reporting System(C3RS).This system allows rail workers to report unsafe events and conditions.It has been over two years since this pledge,however,and only two out ofthe six Class I railroads havejoined C3RS on a pilot basis that coversjust a subset of their employees. I https://www.regulations.gov/document/FRA-2025-0059-0001 (last accessed May 27,2025) OST-2025-1200 Page 01929 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0027810 Secretary Duffy June 17,2025 Page 2 of 2 There has also been bipartisan support for improving rail safety.2 Shortly after the derailment, rail safety legislation was endorsed by then President Biden,former President Trump,and Senator Vance.The FRA also committed to improving rail safety.3 Unfortunately,rail safety legislation has yet to be enacted. The railroads have used Automated Track Inspection(ATI),including Track Geometry Measurement Systems(TGMS),since the 1970s.ATI is an effective measurement tool that can identify one type oftrack defect: anomalies in track geometry.ATI cannot look for the remaining 17 track defects that a human track inspector can identify,including broken rails,drainage issues,or washouts.There are no regulations that prevent railroads from continuing to use TGMS. In September 2021,an Amtrak Empire Builder train derailed on BNSF-owned and maintained track in Joplin,Montana,that was caused by bad track conditions.That derailment killed three passengers and injured 49 other passenger and crew members.In its final report,the National Transportation Safety Board stated that "automated track inspections by geometry cars or railcarattached devices provide detailed information on specific track parameters,but they do not capture the diverse array of unique track hazards detectable to human inspectors.They are intended to supplement an inspection program and should not be used to supplant an inspector physically examining a track."4 We urge you to reject the AAR's request,and we look forward to working with your Administration to raise the bar on rail safety.Thank you for your attention to this matter. Sincerely, `7A ,Z6e77 Rick Larsen Ranking Member Committee on Transportation and Infrastructure Dina Titus Ranking Member Subcommittee on Railroads,Pipelines, & Hazardous Materials 2 See https://democrats-transportation.house.govinews/press-releaseskanking-members-larsen-wilson-and-tandi-democrats-call-for-action-onrail-safety-following-release-of-ntsb-report-on-east-palestine-derailment and https://transportation.house.gov/newsldocumentsingle.aspx?DocumentlD=407707 https://www.transportation.gov/examining-state-rail-safety-aftermath-derailment-east-palestine-ohio National Transportation Safety Board Final Reportof September 25,2021 Joplin,Montana BNSF Derailment."Derailment ofAmtrak Passenger Train 7 on BNSF Railway Track".Published July 5,2023.https://www.ntsb.gov/investigations/AccidentReports/Reports/RIR2308.pdf, page 35. OST-2025-1200 Page 01930 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0027811