The National Transportation Safety Board (NTSB) announced that it completed its investigation into the fatal September 12, 2008, collision between a passenger commuter train and freight train in Chatsworth, California.  In its synopsis of findings and recommendations, the NTSB recommended that inward- and outward-facing cameras and audio recorders be installed in all controlling locomotive cabs and cab car operating compartments in order to verify that train crew actions are in accordance with safety rules and procedures.  The NTSB recommended that such devices have a minimum 12-hour continuous recording capability, that the recordings be easily accessible for review, and that railroads regularly review such recordings in conjunction with other performance data.

The Federal Railroad Administration (FRA) issued its final rule, including detailed technical specifications, for implementing positive train control (PTC) on all commuter and intercity passenger rail lines, and a significant subset of freight rail corridors.  PTC is an automated, signal-based system of automatically controlling the movement of trains to prevent collisions and the incursion of trains into restricted zones.  The mandate to install PTC appeared in the Rail Safety Improvement Act of 2008, and requires PTC to be installed by December 31, 2015, on each main line over which poison- or toxic-by-inhalation hazardous materials are transported, each main line used for regularly provided intercity or commuter passenger service (subject to certain exceptions), and any additional line of railroad as the FRA may require.  FRA has solicited further comment to address the clarity, certainty, and transparency of the criteria governing relief from the requirement to install PTC.

The Federal Railroad Administration (FRA) released its final rule governing the structural capacity of cab cars and multiple-unit locomotives to withstand head-on impacts.  Such cars incorporate an engineer’s cab and passenger compartment for use as the lead car in a passenger consist.  Because trains configured with leading cab cars or multiple-unit locomotives have no traditional locomotive in the lead, the lead car must be able to withstand a head-on collision.  The final rule is based on structural modeling and full-scale field testing and requires the equipment to absorb collision energy and maintain sufficient integrity in crashes of a specified magnitude and speed to protect the interior space of the car.  The final rule applies to cab cars and multiple-unit locomotives in service at speeds not exceeding 125 mph.  The FRA rejected analogous European crashworthiness standards as inapplicable because of the lighter weight and differing collision characteristics used to formulate the European rule.

Firm partners Sarah Rockwell and Lori Potter have both been listed in the “Top 25 Women Lawyers” list for Colorado Super Lawyers 2010.  The Top 25 Women list appears in Colorado Super Lawyers 2010 magazine, which is a section of the Super Lawyers special section of 5280 magazine.

On December 21, 2009, the Department of Transportation issued final rules prescribing air carrier responsibilities in the event of lengthy tarmac delay.  The rules will require U.S. air carriers operating aircraft designed for thirty or more seats to develop and implement contingency plans to address extended delay.  Air carriers generally will have to deplane passengers after three hours and provide food and water after two hours.  The rules also require air carriers to develop and publish customer service plans.

Kaplan Kirsch & Rockwell attorneys Steve Kaplan and Lori Potter are highlighted in this article about the Firm’s complex and varied land use practice.

On November 16, 2009, the City of Chicago and Village of Bensenville announced the settlement of litigation over the planned expansion of Chicago O’Hare International Airport.  Under the agreement, Chicago will pay Bensenville $16 million to acquire Village property, will implement a demolition protocol for homes within the Village, and will commit approximately $20 million for sound insulation of schools and homes impacted by airport expansion.  In exchange, Bensenville will dismiss its acquisition- and demolition-related litigation against Chicago.  The settlement thus eliminates one obstacle to the ambitious O’Hare Modernization Plan.

On November 2, 2009, the FAA released its decision rejecting the Burbank-Glendale-Pasadena Airport Authority’s application for a mandatory nighttime curfew at the Bob Hope Airport.  The Authority’s application was the first formal request for a curfew under the Airport Noise and Capacity Act of 1990 (ANCA).  The FAA found that the application failed to satisfy four of six conditions imposed by Congress in ANCA.  Immediately following FAA’s release of the decision, Representative Brad Sherman (D-Sherman Oaks) proposed that Congress enact legislation that would authorize a curfew at the airport.

Amtrak’s Strategic Guidance governs planned service improvements and expansion, including six broad goals to be safer, greener, and healthier and to improve financial performance, customer service, and meet national needs.  The Strategic Plan also creates key performance indicators to measure progress toward the stated goals.  In concert with the Strategic Plan, the Five Year Financial Plan for FY 2010 – FY 2014 provides detailed financial projections for Amtrak’s revenue, operating costs, capital programs, and debt service obligations.  Among the specific plans to be accomplished by the end of FY 2014 are to increase ridership by 15 percent, grow ticket revenue by 20 percent, expand service on eight existing state-supported corridors, form two new state partnerships, and improve reliability of service across the railroad.

On October 15, 2009, the Federal Railroad Administration (FRA) issued its Preliminary National Rail Plan (the Preliminary Plan) that sets out general principles and parameters to guide the development of policies to improve the nation’s rail transportation system.  The Preliminary Plan was mandated by the Passenger Rail Investment and Improvement Act of 2008 and is intended to deploy rail’s attributes to improve safety, foster livable communities, increase the economic competitiveness of the U.S., and promote sustainable transportation as part of a first-ever National Rail Plan.  The Preliminary Plan reflects the introduction of high-speed rail as a significant component of the nation’s rail transportation system and aims to increase the integration of all transportation modes.  The Preliminary Plan identifies issues to be considered in formulating a National Rail Plan, rather than setting out prescriptive approaches and emphasizes that State rail plans are expected to play a large role in identifying issues and priorities.