FELA Reporter and Railroad Liability Monitor

Canadian Pacific Announces End to Attempt to Acquire Norfolk Southern

Canadian Pacific Railway announced on Monday, April 11, that it would no longer bid to
acquire fellow rail giant Norfolk Southern. No further financial offers or overtures to
meet with the NS board of directors are planned at this time, Canadian Pacific said in
statement. Norfolk Southern had repeatedly asserted that a merger would draw intense
regulatory scrutiny, saying theres a good chance it would have been rejected.
FRA Seeks Public Comments as It Revisits Train-Horn Rule
On March 7 the Federal Railroad Administration issued a Notice Of Safety Inquiry [81
Fed.Reg 11734] in which it announced that it is conducting a retrospective review of its
locomotive train horn regulations in 49 CFR part 222. The agency said that it is
specifically interested in receiving comments on how it can reduce the regulatory
burden on the regulated community and the public in a way that would provide
monetary savings or reduce paperwork burdens without negatively impacting safety at
public grade crossing.
As part of its review, FRA is soliciting public comment on whether FRA should modify,
streamline, or expand any requirements of FRAs locomotive train horn regulations to
reduce paperwork and other economic burdens on the rail industry and States and local
authorities while still maintaining the highest standards of safety. The agency said that it
particularly encourage(s) comments on the following questions:

Should FRA amend Appendix A to 49 CFR part 222 to include

common alternative grade crossing safety measures and emerging
grade crossing safety technologies? If so, what measures and
technologies would be appropriate
What further actions can FRA take to mitigate train horn noise
impacts for local communities while not decreasing safety for
motorists and pedestrians?
How can FRA change how train horns are sounded at grade
crossings while not decreasing safety for motorists and pedestrians?
Should train speed be a factor that is considered when establishing a
new quiet zone?
Should FRA require diagnostic reviews for all grade crossings within
proposed quiet zones instead of requiring them only for pedestrian
(pathway) grade crossings that allow access to the public or which
provide access to active industrial or commercial sites?
FRA Revamps Website on Rail Crossing Safety and Trespass Prevention

In 2015, 224 individuals died at railroad crossing, down form 264 in 2014. However,
fatalities due to rail trespassing increased 7.6 percent to 512 last year, and crossingrelated injuries jumped 12.3 percent to 967, according to Operation Lifesaver Inc.
Ninety-six percent of rail-related fatalities result from incidents at railroad crossings from
trespassers on railroad property, according to the FRA. Most of those fatalities are
preventable, FRA officials said. Last year, the FRA kicked off a comprehensive
campaign to reverse the increase in fatalities at railroad crossings. The campaign
includes working with Google and other technology companies to use FRA data that
pinpoints the nations 200,000 rail crossings to add crossing alerts to the map
applications FRA also has worked with local law enforcement around crossings. As a
result Federal Railway Administration has launched a redesigned website as part of its
ongoing effort to decrease fatalities at railroad crossing and on the tracks, the agency
announced March 17.