Freight railroads are an important component of the nation’s transportation system, operating over 700 million train-miles in 2010. The freight railroad industry is primarily composed of 7 large railroads (called class I railroads) and about 570 smaller class II and III railroads. Within the industry, class I railroads predominate, representing about 93 percent of total freight revenue and about 68 percent of total rail mileage operated in the United States in 2009. Class II and III railroads include regional and short line railroads. Regional railroads typically operate 400 to 650 miles of track spanning several states, while short line railroads typically perform point-to-point service over short distances. According to the American Short Line and Regional Railroad Association (ASLRRA), the average length of short line service is 90 miles, and over 58 percent of short line carriers connect with more than 1 class I railroad. As the association points out, short line railroads generally operate the first mile and last mile of U.S. freight rail commerce. Because railroads operate across millions of train-miles every year, safety is an important concern. In general, railroad safety has improved over the last 10 years. For example, the approximately 1,800 freight train accidents reported to FRA in 2010 represents a decrease of nearly 40 percent from the approximately 3,000 train accidents reported in 2001. Similarly, the number of accidents per million train-miles for all railroads reported to FRA decreased to 2.6 in 2010 from 4.2 in 2001 (see fig. 1). Yet this decline is not equal for railroads of all sizes: In 2010, the rate reported for class III railroads, 7.1 accidents per million train-miles, was more than twice the rate reported for all railroads. FRA attributed the difference in accident rates to differences in operations between larger railroads (which generally operate over longer distances and perform little switching) and smaller ones (which generally operate over shorter distances and perform frequent switching). Because RSIA was passed by Congress in late 2008, FRA officials told us it is too early to tell what effect, if any, requirements contained in the law may have had on railroad accident rates. They said it may well take years to identify any particular effects. In this report, we do not attempt to draw any correlations between safety outcomes (such as changes in accident rates) and changes to hours of service requirements contained in RSIA. accidents (see fig. 2). As for train accidents overall, the rate for accidents caused by human factors has generally decreased over the last 10 years, and again, the rate is higher for class III railroads than for either class I or class II railroads (see fig. 3). Although there is a general downward trend, FRA attributed the decrease since 2008 to changes it made that year to certain safety regulations to increase railroads’ accountability for implementing and complying with sound operating procedures. For example, as of January 1, 2009, every railroad was to have a written program of operational tests and inspections in effect, and the programs were to emphasize those operating rules that cause or are likely to cause the most accidents and incidents. 12 consecutive hours of time on duty or 12 nonconsecutive hours on duty if broken by an interim release of at least 4 consecutive hours, in a 24-hour period that begins at the beginning of the duty tour. 12 consecutive hours of time on duty or 12 nonconsecutive hours on duty if broken by an interim release of at least 4 consecutive hours uninterrupted by communication from the railroad likely to disturb rest, in a 24-hour period that begins at the beginning of the duty tour. May not be on duty as a train employee after initiating an on-duty period on 6 consecutive days without 48 consecutive hours off duty free from any service for any rail carrier at the employee’s home terminal. Employees are permitted to initiate a 7th consecutive day when the employee ends the 6th consecutive day at the away-from-home terminal, as part of a pilot project, or as part of a grandfathered collectively bargained arrangement. Railroads permitted to communicate with covered employees during rest time though some communications may be considered service for the railroad. A railroad may not communicate with covered employees during the statutory minimum off-duty period of 10 consecutive hours, except in cases of emergency. If an employee’s rest is disturbed, then the statutory minimum off-duty period begins again from the point of interruption. Limited to 276 hours of time on duty, in deadhead transportation to a point of final release, or any other mandatory activity for the railroad carrier during a calendar month. 8 consecutive hours (10 consecutive hours if time on duty reaches 12 consecutive hours). 10 consecutive hours of time off duty free from communication from the railroad likely to disturb rest, with additional time off duty if on-duty time plus time in or awaiting deadhead transportation to final release exceeds 12 hours; 48 consecutive hours off duty, free from any service for any railroad carrier, after initiating an on-duty period for 6 consecutive days. Covered employees may initiate a 7th consecutive day of service if the end of a 6th day of service was at an away-from-home terminal as part of a pilot project, or as part of a grandfathered collectively bargained arrangement. If 7 consecutive days are permitted, mandatory off-duty period extended to 72 consecutive hours. Individual railroads are primarily responsible for their own safe operation. However, FRA is the primary federal agency responsible for formulating railroad safety policies and regulations and for monitoring and enforcing railroads’ compliance with hours of service and other requirements. FRA has issued statutory interpretations related to covered freight railroad employees’ duty and rest time, as well as regulations governing hours of service recordkeeping. FRA has also adopted what it views as a data- driven, risk-based approach to monitoring and enforcement. Under the National Rail Safety Action plan, implemented between 2005 and 2008, FRA used accident, incident, and other safety data to establish a framework to direct its regulatory and compliance efforts at the highest priority risks. The plan outlines a number of initiatives aimed at reducing the main types of train accidents, including those caused by human factors or track defects. One of these initiatives, the National Inspection Plan (NIP), uses accident and inspection data to focus inspections on areas that, according to the data, are likely to have safety problems before a serious accident occurs. The NIP provides guidance to each of FRA’s eight regional offices on how its inspection resources should be allocated. Additionally, the Office of Railroad Safety issues the National Safety Program Plan, which provides a means of planning special- emphasis activities, such as inspection activities and initiatives that cross regional boundaries and are directed at issues of concern for railroads operating in multiple regions. To provide oversight, FRA conducts periodic inspections and takes enforcement action.  FRA inspections address five areas, called disciplines—operating practices, track, hazardous materials, signal and train control, and motive power and equipment (such as locomotives and freight rail cars). Each inspection discipline includes a number of activities related to specific requirements. For example, inspectors in the operating practices discipline—who perform about 80 percent of hours of service inspections—assess railroads’ compliance with hours of service requirements for train and dispatching service employees. Typically, inspections are conducted at railroads’ operating sites. For example, inspections of hours of service recordkeeping and inspections for compliance with hours of service limitations take place at duty stations or facilities where records are maintained.  To take enforcement action, FRA inspectors may cite violations and recommend assessment of civil penalties. FRA’s enforcement policy, which is designed to concentrate enforcement efforts on the areas with the greatest potential safety benefits, specifies that before assessing penalties, inspectors should consider the seriousness of the condition or act, the potential safety hazards, and the current level of compliance of the railroad, among other things. FRA has statutory authority to assess civil penalties in the range of $650 (minimum) to $25,000 (ordinary maximum) for ordinary violations of its regulations. FRA may assess a penalty at the statutory aggravated maximum penalty of $100,000 “when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury.” In addition to these activities, FRA conducts other types of safety oversight aimed at reducing train accidents, such as monitoring railroad safety data, investigating accidents, and reviewing and investigating complaints, as well as providing training for small railroads. Furthermore, FRA funds research and development to support its safety oversight, by, for example, assisting in the development of new regulations and revision of existing regulations. FRA also has authority to review and approve petitions for waivers of compliance with safety requirements, including exemptions from the hours of service laws for railroads with 15 or fewer covered service employees and waivers of one requirement of the hours of service law, the consecutive day work limits. Finally, FRA is authorized to approve pilot projects that may be conducted to demonstrate the potential safety benefits of alternatives to current safety requirements. As of July 2011, FRA had 592 rail safety positions, including about 400 inspectors. In addition, about 170 state inspectors work with FRA as part of the State Rail Safety Participation Program. As of 2009, the railroad industry had about 170,000 employees, 140,000 miles of track in operation, and over 1.3 million freight rail cars. Overall, FRA inspects about 0.2 percent of railroad operations each year. Its goal is to inspect all railroads at least once a year, but it does not always assess a railroad’s compliance with all activities related to the requirements in each discipline during each inspection.