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April 28, 2015

The Honorable Anthony FoxxSecretaryU.S. Department of Transportation

1200 New Jersey Avenue SEWashington D.C. 20590

Dear Secretary Foxx:

I am writing to express my deep concerns in regard to the “Emergency Order Establishing aMaximum Operating Speed of 40 mph in High Threat Urban Areas…” issued by the FederalRailroad Administration on April 27, 2015. The order specifically addresses what the FRA deemsas “high threat urban areas,” as the agency seeks to reduce the risk of the increase in rail traffic inthe United States.

It has come to my attention through various reports that the FRA is using old data and has notfully considered the impact on areas that are also placed in harm’s way because of  the increase in

rail traffic. In New York, only two urban areas, Yonkers and Buffalo are part of the list. This isnot acceptable to me or the one- million residents in the Capital Region. The city of Albany,which also serves as the state capital, should be on the list. On a typical work day the city’s population is more than 160,000 people. The railroad tracks used by crude oil shippers pass rightthrough the city and are located close to a residential neighborhood. My office has receivednumerous complaints related to the negative impacts of the increase in rail traffic in the city andsurrounding communities.

Albany has become a major crude oil transportation hub with 16 million gallons of crude oil aweek passing through the Port of Albany via the railroad system. As I stated in a letter to NYSDEC last November, “We appreciate that the enhanced tank car standards and otherimprovements the federal government, the Department, the railroad companies and others areconsidering may, in time, somewhat reduce the risks of accidents and adverse consequences inAlbany County. Yet finalizing, litigating, and fully implementing those improvements will takeat least several years, perhaps longer than the boom in crude oil by rail will last. Meanwhile therisks are real now, and extreme and increasing.” 

It is my belief that the FRA needs to act now to protect residents of areas that are not considered“high threat urban areas.” I would argue that given the rail accidents in places like Lynchburg,Va. and Galena, Ill., more needs to be done to protect the health and safety of more people livingin areas with smaller populations and fewer resources to adequately respond in case of aderailment or accident.

I appreciate the fact that the recommendations I listed in a letter to you dated September 29, 2014appear to have had an impact though I am still waiting to hear from you directly. In that letter, in

addition to calling for slower maximum speeds on the tracks, I called for the acceleration of theimplementation of Positive Train Control; that more information be provided to local responders

DANIEL P.  MCCOY  COUNTY EXECUTIVE  

COUNTY OF ALBANY 

OFFICE OF THE EXECUTIVE 112 STATE STREET, ROOM 900 

ALBANY, NEW YORK 12207-2021(518)  447-7040  - FAX   (518)  447-5589

WWW.ALBANYCOUNTY.CO M 

PHILIP F. CALDERONE, ESQ.DEPUTY COUNTY EXECUTIVE  

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 by carriers of Class 3 Flammables; to adopt the most protective tank car standards; to follow the NTSB’s r ecommendations; to adopt a shorter schedule for implementation for new railcars tomeet the new standards; for existing cars to be retrofitted, and overall, to exercise emergencyauthorities now to reduce hazards. Coupled with the enormous and increasing volume of crudeoil transport in the County, the County and its residents cannot wait until 2020 or even later tosee an end to unsafe practices.

Simply, I am asking that given the urgency of the situation, you immediately use your emergency powers to address these risks, including classifying Albany as a HTUA. I am enclosing

correspondence I sent you in September for your review. It is my hope that the FRA will takewhatever action is necessary to address our concerns now.

Sincerely,

Daniel P. McCoyAlbany County Executive

Cc: Gov. CuomoSen. Gillibrand

Sen. SchumerRep. TonkoCommissioner Joseph Martens

Attachment:Comments of Albany County NY in response to NPRM entitled: Hazardous Materials: EnhancedTank Car Standards and Operational Controls for High-Hazard Flammable Trains and Request ofAlbany County for Exercise of US DOT Emergency Authorities Regarding Imminent Hazards ofCrude Oil Transport in Albany County, September 30, 2014