Ten90 Solutions LLC

A friend and colleague finally, after many months of delay, received the first batch of documents from FRA pertaining to his FOIA request.

His request was for material pertaining to FRA's decision to withdraw from the rulemaking process that would have required testing railroad operating personnel for obstructive sleep apnea. 

Finally, right?  Well, not really, because 96 percent of the material he received was redacted, blacked out, or otherwise made unreadable. The material that wasn't?  That was simply a list of railroads. 

I don't want you to get the wrong idea and start feeling sorry for my friend.  I don't.   After all, I've had two FOIA requests in FRA's "ignore" basket for 8 months now.   One request is the continuation of my efforts to find out how reliably PTC systems are functioning where such systems are in service. 

The other request is an attempt to find out if FRA or any agency or body working with FRA on the rehabilitation and restoration of passenger train service over the Point Defiance Bypass in Washington,  blinked an eye or otherwise took exception to the unenforced 49 mph deceleration required at the curve between MP 19.8 and MP 19.9.   

I don't want you to get the wrong idea and start feeling sorry for me, either. Of all the people I know, and know of, I consider myself the most fortunate.  I owe part of that good fortune to a member of the Chicago police department who made it ever so clear that someone with a mouth like mine would be much happier in New York, and so would the Chicago police department.

That officer made a big impression on me and I kept in mind his advice as I studiously avoided any further contact with the Chicago police prior to my departure. 

Let's just say Chicago's loss was my gain, and vice-versa.  New York is still reserving judgment.

But I digress.  Maybe FRA will provide my friend with forthcoming installments of information that, in the immortal words of Shirley Ellis, "get right down to the real nitty gritty."  And maybe FRA will act on my requests.  Maybe not.  I'm not holding my breath.  Right now, all the information available, and the that means all the information made unavailable, leads me to believe that:

1) FRA cannot explain its withdrawal of the ANPRM for obstructive sleep apnea on the basis  of science, train operations, or cost-benefit, but rather only as an attempt to satisfy a political demand;

2) FRA doesn't have a clue as to the reliability of PTC functioning in actual operating environments;

3) Despite its own emergency orders and safety advisories, FRA either ignored, dismissed, or stood silent regarding the risk to start-up and ongoing train operatons presented by the necessary, but unenforced, deceleration for the curve between MP 19.8 and MP 19.9. 

David Schanoes                                      September 9, 2018

"Look man.  I only need to know one thing.."  --Vasquez, Aliens