Federal Railroad Safety Program and Reauthorization Issues Page: 6 of 18
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IB 10030
In the FY2000 budget, the Clinton Administration requested $95.462 million for those
expenses. Most of those funds are used to pay for salaries as well as associated travel and
training expenses for field and headquarters staff and for information systems monitoring the
safety performance of the industry. P. L. 106-69 appropriated $94.288 million for FRA's
FY2000 railroad safety program and related expenses. In its FY2001 budget submission, the
Clinton Administration requested $103.2 million for these activities. P.L. 106-346
appropriated $101.7 million for these activities in FY 2001.
Regulatory Development and the Railroad Safety Advisory Committee
The Railroad Safety Act of 1970 and subsequent railroad safety laws have provided the
legal basis for much of FRA's regulatory agenda. Over the last 30 years, and often in
response to specific crashes involving railroads, Congress also has directed the FRA to issue
specific regulations in various technical areas. In many of its rulemaking procedures
conducted during the last two and one half years, FRA has made substantial use of the work
of the Railroad Safety Advisory Committee (RSAC). That federal advisory committee helps
FRA develop new regulatory standards through a collaborative, consensus-based process
involving key segments of the railroad community. FRA either can choose to use, modify,
or reject the recommendations from RSAC as it formulates notices of proposed rulemakings.
There are 48 members of the RSAC, including voting representatives from 27 organizations.
Over time, more than 500 people have served on the various technical working groups and
task forces of the advisory committee.
The record of the RSAC shows numerous accomplishments in a regulatory arena where
progress has often been difficult. (Two examples of final regulations that were expedited by
RSAC deliberations include revisions of the track standards and radio communication
regulations.) According to FRA, RSAC's collaborative approach of creating regulations
established by a consensus of all involved parties yields rules that are more easily understood
and consistently complied with than rules produced by using FRA's traditional, less
consultative method. Prior to the implementation of the RSAC, FRA's rulemaking officials
had to deal more often with one or more parties that either threatened to challenge a new
regulation in court, or formally petitioned the FRA Administrator to reconsider the imposition
of a final rule. The RSAC process has reduced that concern for FRA and, in general, is
supported by both railroad labor and management.
Despite intensive work and prolonged debates, RSAC members sometimes cannot reach
an agreement on some issues, e.g., the development of power brake regulations. In such
cases, if the FRA decides to pursue a rulemaking using its conventional procedures, the
agency has the option of using the analysis obtained and research conducted earlier as part
of the RSAC deliberations.
RSAC has not yet issued recommendations on such key issues as reducing fatigue and
stress in the railroad work environment, improving the hours of service for railroad workers,
and dealing effectively with harassment and intimidation in the railroad environment. Because
of the controversial nature and complexity of those issues, it remains uncertain whether
RSAC will be able to offer consensus-based recommendations to address those challenges.CRS-3
12/11/00
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Rothburg, Paul F. & Williamson, John. Federal Railroad Safety Program and Reauthorization Issues, report, December 11, 2000; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc808385/m1/6/: accessed May 9, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.