Lone Star Rail District - Comments

It is important that the FRA, in the process of implementing and conducting rail safety programs, institute comprehensive protection of safety data. The protection of this data is essential in creating and maintaining an atmosphere of frank, open, and uncompromisingly honest analysis, evaluation, and when necessary criticism within the scope of the FRA's programs. Failure to do so will undermine this essential atmosphere, which is a hallmark of the most successful safety programs - the provision of an open forum, free of second-guessing, for self-criticism, self-evaluation, and self-reporting. Allowing FRA and railroad safety program effectiveness to be second-guessed by legal professionals whose primary interest is in the maximization of damages will result in an inevitable fall-back to a substantially or completely defensive posture designed to minimize the risk of damages in place of the pro-active and uncompromisingly frank program that is needed for a truly effective safety program. FRA’s action must unambiguously preempt state law, including sunshine laws, to maintain the effectiveness of the federal safety program. It must further ensure that data held by federal agencies and third parties (whether consultants, state or local authorities, auditors, public safety officials, or others) is covered by the same protection as that afforded the railroads. Finally, the action must broadly and unambiguously define safety data to avoid protracted litigation over the extent of coverage, ensure the rule cannot be circumvented through a technical reading of the protection language, and ensure the intent of the protection is not frustrated.