Mac A. Fleming Freddie N. Simpson
President Secretary-Treasurer
Brotherhood of Maintenance of Way Employes
Affiliated with the A.F.L.-C.I.O. and C.L.C
July 3, 2003
(Electronic Submission)
Docket Clerk
DOT Central Docket
Management Facility
Room PL-401(Plaza
Level)
400 7th
Street, SW
Washington, DC 20590
Re: Docket
No. FRA-2003-14986
Dear Sir or Madam:
The Brotherhood of Maintenance of
Way Employes (BMWE), a rail labor organization representing 50,000 railroad
workers who build, maintain, inspect, and repair railroad track and related
structures throughout North America, opposes the granting of a Waiver of
Compliance to the Dakota, Minnesota & Eastern (DM&E) Railroad in the
above referenced docket.
DM&E seeks a waiver of compliance from the provisions of the Track
Safety Standards, 49 CFR 213.113(a), to allow rails with bolt-hole/rail head
crack-outs up to 6" in length within the joint area “where the piece
remains tight in the bars” to remain in track without repair or assignment of a
person designated under §213.7 to visually supervise each operation over said
defective rail. The territory
subject to this waiver petition consists of approximately 250 miles of DM&E line-of-road trackage
located on the Huron, Tracy, and Waseca Sub-divisions.
The Track Safety Standards (49
CFR, Part 213) currently provide track owners with ample flexibility, within
reasonable time-tested limits of safety, to institute remedial action for rail
defects which allow continued train movements within the guidelines specified
by the Remedial Action Table of §213.113.
Under the Remedial Action Table, bolt hole cracks of various dimensions
are allowed to remain in track under reduced speeds and periodic visual
inspection. However, for obvious
safety reasons, break-outs in the rail head and other catastrophic rail head
failures require immediate replacement of the rail or the visual supervision of
each movement over the break-out by an individual designated under §213.7.
First, a break-out in the rail head poses an elevated derailment risk because the rail head
directly interacts with the tread and flange of each rail wheel traversing it. Second, absent the required visual
supervision of each movement over the break-out, there will be no chance to
stop the movement, or any subsequent movements, traversing the defect should the rail end piece become dislodged
or a wheel hit the ground. Third, a
rail head break-out that appears to be held tightly in place by joint bars at
one moment, can become loose or totally dislodged subsequent to inspection,
particularly during temperature swings normally occurring during any 24 hour
period. Fourth, it makes little safety
sense to allow rail head break-out defects to remain in track for up to 30
days, when on the 31st day the track owner (DM&E) would be
required to replace the rail or visually supervise each movement under the
terms of their own waiver petition.
And finally, replacing such
defective rails after up to 30 days in track does nothing to mitigate
the risks associated with traversing such rail head break-outs
unsupervised, and does nothing to
address the DM&E’s professed
problem of “ever dwindling supply of repair rail.”
BMWE believes that granting a
waiver to allow rail head break-outs up to 6" to remain in hundreds of
miles of track over 3 sub-divisions is inherently unsafe, and will have a negligible affect on the
supply of repair rail or other resource of DM&E. Also, both logic and physics dictate that joint bars alone are
insufficient for holding a rail head break-out safely in place.
Therefore, for the reasons stated above, and in the interest of
railroad safety, DM&E’s request for
a waiver of compliance in the above-referenced docket should be denied in its
entirety.
Respectfully,
Fred N. Simpson (signed)
Acting President