REPEAT-North American rail industry angered by new brake rule

Mon May 4, 2015 8:01am EDT
 
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(Repeats May 1 item for additional readers with no changes to headline or text)

May 1 (Reuters) - U.S. regulators took on the powerful rail industry on Friday, announcing plans to require expensive, high-tech braking technology the railways insist is unproven and unreliable.

Regulators say the new electronically controlled pneumatic (ECP) brakes could reduce the severity of crashes, preventing pile-ups. Canada has promised to "harmonize" its regulations with the United States.

The U.S. rule goes into effect in 2021 and only applies to trains with 70 or more tank cars. Estimates published with Friday's announcement said ECP brakes could cost the U.S. industry $492 million between 2015 and 2034.

Because of their common carrier obligations, railways are required to ship dangerous goods even if they would rather refuse the business.

The decision has angered the North American rail industry, but Transportation Secretary Anthony Foxx said his department believes it will stand up to any legal challenge.

The Association of American Railroads (AAR), which has lawyers studying the rule, slammed the government for basing its decision on the results of simulations, data the association said was flawed.

"The DOT (Department of Transportation) couldn't make a safety case for ECP, but forged ahead anyhow," said President Edward Hamberger. "This is an imprudent decision made without supporting data or analysis."

Under the new rule, from 2021 to 2023 railways can choose to slow designated trains to 30 miles per hour instead of using ECP brakes, but the AAR said that could reduce network capacity.   Continued...