Schumer presses feds on train debris

Richard Tedesco

Sen. Charles Schumer (D-NY) is continuing his campaign to push the Federal Railroad Administration to investigate open railway cars carrying debris on the Long Island Rail Road main line through Mineola as residents’ complaints about that practice persist.

Schumer is also pressing the case for the federal Department of Transportation to establish regulations that would prohibit carting debris in open railway cars anywhere in the country. 

“We continue to get reports that freight cars traveling on this line are operating uncovered. We must put in place mandatory rules that would prohibit uncovered, unsecured freight cars from operating on commuter lines in suburban and urban communities, like Mineola and surrounding areas, and I am continuing to push the Department of Transportation to do just that,” Schumer said this week.

Residents in the Mineola area have reported seeing open cars filled with loose debris moving along the LIRR main line as recently as May 27, according to a Schumer spokesman. 

“We’ve received feedback from residents that some of the freight cars have continued to travel uncovered over the tracks,” said Mike Morey, a spokesman for the senator.

He said Schumer’s office had not yet received any official response from the Federal Railroad Administration in the wake of a press conference he held in Mineola on May 21 when Schumer called for a halt to the practice.

Prior to Schumer involvement with the issue, state Sen. Jack Martins and Mineola Mayor Scott Strauss had met with LIRR officials to try to stop the uncovered freight cars from traveling through Mineola and other local communities.

Strauss and Joseph Rizza, a spokesman for Martins, said the LIRR officials had provided assurances that the open car debris carting would halt. 

“The senator greatly appreciates the effort that local officials have undertaken to try and deal with this problem. Unfortunately, there have been multiple reports since that time that freight cars continue to travel uncovered on these tracks. It’s the Federal Railroad Administration which has authority to launch an investigation over the safety of these uncovered freight cars and it’s the federal Department of Transportation that needs to put rules in place to make it mandatory they be covered. The senator is pushing both agencies to act to protect the safety of local residents and those who use LIRR commuter rail,” Morey said.

Martins aide Justin Burke said this week all communications being received from residents about the issue by Martins’ office is now being referred to Schumer’s office.  

Schumer has called on New York & Atlantic Railways to immediately adopt a voluntary policy of covering open freight cars when traveling in highly populated areas a dangerous recipe for disaster. If the carrier refuses, Schumer wants the MTA and LIRR to compel the cars be covered as a requisite for continued use of the MTA’s rail lines.

In a letter to the to Federal Railroad Administration released to the press, Schumer stated, “It is unacceptable that debris would be permitted to be hauled without being properly secured.” 

He further stated, “It is critical that your agency work together with LIRR to immediately conduct a safety investigation into the state of the LIRR’s right of way to determine if the debris is a hazard. A truly comprehensive investigation should be conducted by the FRA to ensure residents and commuters that the LIRR’s right of way is not being jeopardized by any loose freight material being hauled along the railroad. In addition, I ask that FRA consider regulations to require that rail cars are covered in densely populated areas if there’s a risk that their contents will fly off.”

In a letter dated May 3, LIRR Vice President and general counsel Richard Gans told Paul Victor, president of the New York & Atlantic Railway, of “numerous complaints” that had been received about the railway’s freight cars “spreading construction debris along the right-of-way” along the main line in Mineola.”

Gans said the railway had previously been instructed to secure cars carrying debris with netting. 

“[New York & Atlantic Railways’] current practice raises serious safety concerns with respect to LIRR passenger operations, and is being viewed as a safety hazard and substantial nuisance by those in neighboring communities. NYA must immediately correct this situation,” Gans said.

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