Economy

Rail News: Federal Legislation & Regulation
12/5/2017

USDOT opts to repeal ECP brake rulemaking

Yesterday, the U.S. Department of Transportation (USDOT) repealed a May 2015 rulemaking that would have required the installation of electronically controlled pneumatic (ECP) brakes on certain tank cars, according to U.S. Sen. John Thune (R-S.D.). The USDOT had until Dec. 4 to publish a determination that the ECP rule either was justified or should be repealed.

The Federal Railroad Administration rulemaking had set a timetable for requiring ECP brakes on newer tank cars trains used to haul certain hazardous or flammable materials, such as ethanol and crude oil. ECP brakes issue electronic signals to simultaneously apply and release brakes throughout the length of a train instead of each car applying brakes individually — a system the government considers more effective in emergency situations.

A provision in the Fixing America's Surface Transportation (FAST) Act directed the National Academies of Sciences (NAS) to analyze the rule and reevaluate ECP braking results. In a report issued in October, NAS officials said the approach used to mandate ECP brakes over other technologies was incomplete and unconvincing, said Thune — who chairs the Senate Committee on Commerce, Science and Transportation — in a press release. NAS officials also could not conclude that ECP brakes' emergency performance was superior to other braking systems, he said. ... Moreover, a Government Accountability Office (GAO) study released in October 2016 found the UDOT's justification for the rulemaking lacked transparency, said Thune. The FAST Act had required the GAO to conduct an independent evidence-based evaluation of ECP brakes.
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The Association of American Railroads (AAR) had lobbied to repeal the rulemaking. AAR officials believe the widespread use of ECP brakes would not provide any meaningful safety benefits compared with existing braking systems, and that the brakes would impose very high costs on railroads for minimal safety benefits.

USDOT Announces Intent to Repeal Electronically Controlled Pneumatic Brake Mandate

December 4, 2017
Contact: DOT Press Office
Tel.: (202) 366-4570

WASHINGTON - In accordance with the Fixing America’s Surface Transportation (FAST) Act (Public Law 114-94), the U.S. Department of Transportation today announced the final updated Regulatory Impact Analysis (RIA) in regard to Electronically Controlled Pneumatic (ECP) brakes on certain trains. After careful review in accordance with the Congressional mandate contained in the FAST Act, the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration (FRA) will rescind the ECP mandate.

This determination was made with congressionally-mandated input from the National Academy of Sciences’ Transportation Research Board, U.S. General Accountability Office (GAO) and studies by the FRA, which found that the cost-benefit analyses are not sufficient justification for mandating ECP brakes.

The National Academy of Sciences determined it was unable to make a conclusive statement regarding the emergency performance of ECP brakes relative to other braking systems. In addition, the updated RIA incorporated recommendations from audits conducted by the U.S. General Accountability Office and updated costs and benefits of the ECP brake provision based on current economic conditions. This review demonstrated that the costs of this mandate would exceed three-fold the benefits it would produce.

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