H-3888.1          _______________________________________________

                             HOUSE JOINT MEMORIAL 4029

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives R. Fisher, Day and Orr

Read first time 01/16/92.  Referred to Committee on Transportation.Requesting the United States secretary of transportation adopt rules requiring a rear of train emergency braking telemetry system.

     TO THE HONORABLE GEORGE BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

     WHEREAS, The preemption by federal laws prohibits states from enforcing their own regulations on interstate rail traffic (45 U.S.C. Sec. 434); and

     WHEREAS, The Federal Railroad Administration has no requirements for cabooseless train operation, but only guidelines (49 C.F.R. 232.19); and

     WHEREAS, The Canadian Transportation Commission requires all cabooseless trains operating in Canada to be equipped with an end-of-train telemetry information system with a rear-of-train emergency braking feature (CTC Order No. R-41300 1.1); and

     WHEREAS, Federal regulations requiring train telemetry system with rear-of-train emergency braking feature would be of great benefit to public safety and would not create an undue burden on interstate commerce; and

     WHEREAS, The problem of trains operating without complete control of the train brake system can be solved by the United States Secretary of Transportation establishing regulations requiring train telemetry systems;

     NOW, THEREFORE, Your Memorialists respectfully request that the United States Secretary of Transportation establish regulations for cabooseless train operation that require a rear-of-train emergency braking telemetry feature (FRA Docket No. PB-9).

     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and to each member of Congress from the State of Washington.