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Reports may include research findings on a specific topic that is limited in scope; present discus- sions of the methodology employed in research; provide literature reviews, survey instruments, modeling exercises, guidelines for practitioners and research profes- sionals, and supporting documentation; or deliver preliminary findings. All RAND reports undergo rigorous peer review to ensure that they meet high standards for re- search quality and objectivity. Improving the Safety and Security of Freight and Passenger Rail in Pennsylvania David S. Ortiz, Brian A. Weatherford, Michael D. Greenberg, Liisa Ecola Sponsored by the Pennsylvania Legislative Budget and Finance Committee Transportation, Space, and Technology A RAND INFRASTRUCTURE, SAFETY, AND ENVIRONMENT PROGRAM This research was sponsored by the Pennsylvania Legislative Budget and Finance Committee and was conducted under the auspices of the Transportation, Space, and Technology Program (TST) within RAND Infrastructure, Safety, and Environment (ISE). The RAND Corporation is a nonprofit research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors around the world. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. R® is a registered trademark. Published 2008 by the RAND Corporation 1776 Main Street, P.O. Box 2138, Santa Monica, CA 90407-2138 1200 South Hayes Street, Arlington, VA 22202-5050 4570 Fifth Avenue, Suite 600, Pittsburgh, PA 15213-2665 RAND URL: http://www.rand.org To order RAND documents or to obtain additional information, contact Distribution Services: Telephone: (310) 451-7002; Fax: (310) 451-6915; Email: [email protected] Preface On October 24, 2006, the Pennsylvania House of Representatives adopted House Resolu- tion 824, which calls for a “review of the existing Federal and State statutory and regulatory authority as it relates to the oversight of freight and passenger rail transportation systems” in Pennsylvania. The Legislative Budget and Finance Committee (LBFC) was charged with the responsibility of carrying out the review and subsequently contracted with the RAND Corpo- ration to perform it. This report reviews Pennsylvania’s statutory and regulatory authority over rail and iden- tifies possible actions that Pennsylvania might take to improve rail safety and security. These actions are based on a description of the physical rail system in Pennsylvania and its operating characteristics; a qualitative analysis of risk components to determine the issues of primary importance with respect to both safety and security; a review of recent studies and actions regarding rail security; and an overview of actions taken by other states. The results should be useful for informing current and future decisionmaking by LBFC members regarding Pennsylvania’s rail safety and security. The study should also be of interest to freight and passenger rail carriers, employees, rail customers and passengers, and concerned citizens. The research and analysis presented in this report are based on and expand prior RAND work regarding security in transportation systems, reported in the following publications: t The State of U.S. Railroads: A Review of Capacity and Performance Data, by Brian A. Weatherford, Henry H. Willis, and David S. Ortiz, TR-603-UPSF, 2008. t Securing America’s Passenger-Rail Systems, by Jeremy M. Wilson, Brian A. Jackson, Mel Eisman, Paul Steinberg, and K. Jack Riley, MG-705-NIJ, 2007. t Maritime Terrorism: Risk and Liability, by Michael D. Greenberg, Peter Chalk, Henry H. Willis, Ivan Khilko, and David S. Ortiz, MG-520-CTRMP, 2006. The RAND Transportation, Space, and Technology Program This research was conducted under the auspices of the Transportation, Space, and Technology (TST) Program within RAND Infrastructure, Safety, and Environment (ISE). The mission of RAND Infrastructure, Safety, and Environment is to improve the development, operation, use, and protection of society’s essential physical assets and natural resources and to enhance the related social assets of safety and security of individuals in transit and in their workplaces and communities. The TST research portfolio encompasses policy areas including transporta- v vi Improving the Safety and Security of Freight and Passenger Rail in Pennsylvania tion systems, space exploration, information and telecommunication technologies, nano- and biotechnologies, and other aspects of science and technology policy. Questions or comments about this report should be sent to the project leader, David Ortiz ([email protected]). Information about the Transportation, Space, and Technol- ogy Program is available online (http://www.rand.org/ise/tech). Inquiries about TST research should be sent to the following address: Martin Wachs, Director Transportation, Space, and Technology Program, ISE RAND Corporation 1776 Main Street P.O. Box 2138 Santa Monica, CA 90407-2138 310-393-0411, x7720 [email protected] Contents Preface ............................................................................................................ v Figures ........................................................................................................... ix Tables ............................................................................................................ xi Summary .......................................................................................................xiii Acknowledgments ........................................................................................... xxv Acronyms and Abbreviations .............................................................................xxvii CHAPTER ONE Introduction ..................................................................................................... 1 Background ....................................................................................................... 2 Methodology, Scope of Analysis, and Organization of This Report ....................................... 3 CHAPTER TWO Rail Freight and Passenger Rail in Pennsylvania ......................................................... 7 Rail Freight Profile ............................................................................................... 7 Passenger Rail Profile ...........................................................................................14 National Rail Passenger Corporation (Amtrak) ...........................................................16 South Eastern Pennsylvania Transportation Authority ..................................................16 Port Authority Transportation Corporation ...............................................................18 New Jersey Transit ............................................................................................18 Port Authority of Allegheny County .......................................................................18 Other Passenger Rail in Pennsylvania ......................................................................19 The Economic Impact of Railroads ...........................................................................19 CHAPTER THREE The Legal Framework for Rail Oversight: The United States and Pennsylvania ..................21 Federal Railroad Laws: A Primer ............................................................................. 22 State Railroad Laws in Pennsylvania ........................................................................ 24 Federal Homeland Security Laws: A New Dimension in Rail Oversight ................................25 Legal Considerations for State Oversight of Rail Safety and Security ................................... 26 CHAPTER FOUR Risk Factors Affecting Rail Safety and Security in Pennsylvania ....................................29 Threats to Rail Systems ........................................................................................ 30 The Terrorist Threat to Passenger Rail and Rail