Shutdown to Have Minimal Effect on Railroads

The federal government shutdown that began on Saturday is not expected to have much effect on railroad operations.

Federal safety and oversight oriented agencies such as the Federal Railroad Administration, Pipelines and Hazardous Materials Safety Administration, National Transportation Safety Board and Surface Transportation Board have designated “excepted” employees to perform accident investigations and equipment inspections related to the safety of human life and to issue emergency service orders.

However, those employees will not receive paychecks or be reimbursed for their travel expenses while the shutdown continues.

During past shutdowns, Congress agreed to grant back pay and travel reimbursements after the shutdown ended.

The heads of the agencies are presidential appointees and thus exempt from being furloughed.

Under federal law, presidential appointees have an absolute entitlement to their salaries. If needed, they can use the federal Court of Claims to get paid.

The FRA said that 487 of its 929 employees, including some in the legal department, are excepted from being furloughed due to their responsibilities for safety inspections, investigations, writing emergency orders and representing the agency in court.

Such day-to-day operations as management of federal grants and environmental reviews will not be performed during the shutdown.

Most STB operations will be on hold during the shutdown, but it provides a telephone number to be called “if you believe you have an emergency that requires immediate Board action” such as an emergency service orders.

Amtrak will continue its regular operations during the shutdown. The passenger carrier’s federal funding comes in large block grants that are sufficient to enable it to continue operating.

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