@

U.S. Department Administrator 1200 New Jersey Avenue, SE
of Transportation Washington, DC 20590

Federal Railroad

Administration December 3, 2013

Mr. Thomas F. Prendergast

Chairman and Chief Executive Officer
Metropolitan Transportation Authority
347 Madison Avenue

New York, NY 10017

Dear Mr. Prendergast:

Please accept our condolences on the Metro-North train accident that occurred at Spuyten
Duyvil, Bronx, New York, on December 1, 2013. These tragic accidents serve to remind us of
the heavy responsibility we all bear for the safety of those who use our Nation’s railroads.

As you are aware, the U.S. Department of Transportation (USDOT) and Federal Railroad
Administration (FRA) continue to have serious concerns about the recent series of accidents that
have occurred on Metro-North and which resulted in 5 deaths and approximately 129 injuries to
Metro-North employees and customers:

© May 17, 2013, Bridgeport, Connecticut, passenger train derailment and train-to-train
raking collision;

¢ May 28, 2013, West Haven, Connecticut, roadway worker employee fatality;

e July 18, 2013, Spuyten Duyvil, Bronx, New York, CSX derailment; and

e December 1, 2013, Spuyten Duyvil, Bronx, New York, derailment.

The specific causes of each of these recent accidents may vary, but regardless of the reasons,

4 serious accidents in less than 7 months is simply unacceptable. Not only have some of these
incidents had tragic and catastrophic consequences, they have also eroded the public’s
confidence in the safety of the railroad transportation system, and they detract from employees’
focus and morale as they continue to perform safety-critical duties.

As you know, the FRA team has worked closely with your leadership and safety officials,
particularly over recent months, to address serious concerns regarding the safety of Metro-North
riders. And while we appreciate Metro-North’s and the Metropolitan Transportation Authority’s
(MTA) ongoing engagement with us regarding safety oversight and improvements, more needs
to be done. Immediate corrective action is imperative.


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In our meetings and conversations with your team since May, and again yesterday on your call
with Deputy Secretary Porcari, we have urged MTA, and specifically Metro-North, to take a
closer look at all issues that could affect the safety of Metro-North’s passengers and employees.
The MTA needs to demonstrate to them a serious, good faith commitment to the safe operation
of the system, and inform them of the steps that MTA will take to enhance safety in both the
short- and long-term.

As you know, the USDOT and FRA strongly support Governor Cuomo’s directive that MTA
hold a safety stand-down with all employees on its Metro-North and Long Island Rail Road
properties. We believe every opportunity should be taken to remind rail and transit employees
that safety is always their top priority, whether it is through mandatory re-training or in
conversations with their immediate supervisors. A safety stand-down serves as a visible first
step to restoring public and employee confidence in the MTA transportation system.

As you know, and as we discussed yesterday, USDOT does not believe that a safety stand-down
alone is sufficient. There are other actions that MTA and Metro-North can and should take to
ensure the safety of their passengers and employees. While we plan to be in touch with you and
your team continuously in the coming weeks, one additional action that we believe you can take
immediately is the implementation of a confidential close call reporting system (C3RS) that
Metro-North and Long Island Rail Road can use to identify precursors to significant safety
issues. A C3RS is in place on other rail lines across the country, including Class I and commuter
railroads, and has proven effective in identifying safety issues and lowering injury and accident
exposure.

By this letter, USDOT and FRA formally direct MTA to update us on the progress of the safety
stand-down, and immediately implement a C3RS program. We have significant concerns about
the current situation at Metro-North, and are actively considering other ways that FRA can use
its Federal oversight authority to provide additional safety enhancement of MTA operations. We
will continue to engage with you as we work collaboratively towards a common goal of ensuring
the highest degree of safety within the MTA system.

I look forward to your response by Friday, December 6, 2013.

Sj ly,

Chu

Joseph C. Szabo

cc: Howard R. Permut, President, Metro-North Railroad
Helena E. Williams, President, Long Island Rail Road