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Rule will make significant and extensive changes to improve accident prevention, mitigation and emergency response

DOT_Logo_150pxWASHINGTON – U.S. Transportation Secretary Anthony Foxx today announced a final rule for the safe transportation of flammable liquids by rail. The final rule, developed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA), in coordination with Canada, focuses on safety improvements that are designed to prevent accidents, mitigate consequences in the event of an accident, and support emergency response.

The rule:

  1. Unveils a new, enhanced tank car standard and an aggressive, risk-based retrofitting schedule for older tank cars carrying crude oil and ethanol;
  2. Requires a new braking standard for certain trains that will offer a superior level of safety by potentially reducing the severity of an accident, and  the “pile-up effect”;
  3. Designates new operational protocols for trains transporting large volumes of flammable liquids, such as routing requirements, speed restrictions, and information for local government agencies; and
  4. Provides new sampling and testing requirements to improve classification of energy products placed into transport.

Canada’s Minister of Transport, Lisa Raitt, joined Secretary Foxx to announce Canada’s new tank car standards, which align with the U.S. standard.

“Safety has been our top priority at every step in the process for finalizing this rule, which is a significant improvement over the current regulations and requirements and will make transporting flammable liquids safer,” said U.S. Transportation Secretary Anthony Foxx.  “Our close collaboration with Canada on new tank car standards is recognition that the trains moving unprecedented amounts of crude by rail are not U.S. or Canadian tank cars – they are part of a North American fleet and a shared safety challenge.”

“This stronger, safer, more robust tank car will protect communities on both sides of our shared border,” said Minister Raitt.  “Through strong collaboration we have developed a harmonized solution for North America’s tank car fleet. I am hopeful that this kind of cooperation will be a model for future Canada-U.S. partnership on transportation issues.”

Other federal agencies are also working to make transporting flammable liquids safer.  The Department of Homeland Security (DHS), including the Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), and the Department of Energy (DOE), in coordination with the White House, are pursuing strategies to improve safety.  DOE recently developed an initiative designed to research and characterize tight and conventional crude oils based on key chemical and physical properties, and to identify properties that may contribute to increased likelihood and/or severity of combustion events that can arise during handling and transport.

This final rule represents the latest, and most significant to date, in a series of nearly 30 actions that DOT has initiated over the last nineteen months, including additional emergency orders, safety advisories and other actions. 

Additional information about the rule:

(Unless stated otherwise, the rule applies to “high-hazard flammable trains” (HHFTs)—a continuous block of 20 or more tank cars loaded with a flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train.).

Enhanced Standards for New and Existing Tank Cars for use in an HHFT—New tank cars constructed after October 1, 2015, are required to meet the new DOT Specification 117 design or performance criteria. The prescribed car has a 9/16 inch tank shell, 11 gauge jacket, 1/2 inch full-height head shield, thermal protection, and improved pressure relief valves and bottom outlet valves. Existing tank cars must be retrofitted with the same key components based on a prescriptive, risk-based retrofit schedule (see table). As a result of the aggressive, risk-based approach, the final rule will require replacing the entire fleet of DOT-111 tank cars for Packing Group I, which covers most crude shipped by rail, within three years and all non-jacketed CPC-1232s, in the same service, within approximately five years.

Enhanced Braking to Mitigate Damage in Derailments—The rule requires HHFTs to have in place a functioning two-way end-of-train (EOT) device or a distributed power (DP) braking system.  Trains meeting the definition of a “high-hazard flammable unit train,” or HHFUT (a single train with 70 or more tank cars loaded with Class 3 flammable liquids), with at least one tank car with Packing Group I materials, must be operated with an electronically controlled pneumatic (ECP) braking system by January 1, 2021. All other HHFUTs must have ECP braking systems installed after 2023.  This important, service-proven technology has been operated successfully for years in certain services in the United States, Australia, and elsewhere.

Reduced Operating Speeds—The rule restricts all HHFTs to 50 mph in all areas and HHFTs containing any tank cars not meeting the enhanced tank car standards required by this rule are restricted to operating at a 40 mph speed restriction in high-threat urban areas.  The 40 mph restriction for HHFTs without new or retrofitted tank cars is also currently required under FRA’s Emergency Order No. 30.

Rail Routing – More Robust Risk Assessment—Railroads operating HHFTs must perform a routing analysis that considers, at a minimum, 27 safety and security factors, including “track type, class, and maintenance schedule” and “track grade and curvature,” and select a route based on its findings.  These planning requirements are prescribed in 49 CFR §172.820.

Rail Routing – Improves Information Sharing—Ensures that railroads provide State and/or regional fusion centers, and State, local and tribal officials with a railroad point of contact for information related to the routing of hazardous materials through their jurisdictions. This replaces the proposed requirement for railroads to notify State Emergency Response Commissions (SERCs) or other appropriate state-designated entities about the operation of these trains through their States.

More Accurate Classification of Unrefined Petroleum-Based Products—Offerors must develop and carry out sampling and testing programs for all unrefined petroleum-based products, such as crude oil, to address the criteria and frequency of sampling to improve and ensure accuracy. Offerors must certify that hazardous materials subject to the program are packaged in accordance with the test results, document the testing and sampling program outcomes, and make that information available to DOT personnel upon request.

The actions taken today address several recommendations of the National Transportation Safety Board, including: requiring enhanced safety features for tank cars carrying ethanol and crude oil and an aggressive schedule to replace or retrofit existing tank cars; requiring thermal protection and high-capacity pressure relieve valves for tank cars in flammable liquid service, expanding hazardous materials route planning and selection requirements for trains transporting flammable liquids; inspecting shippers to ensure crude oil is properly classified and requiring shippers to sufficiently test and document both physical and chemical characteristics of haza
rdous materials; and providing a vehicle for reporting the number of cars retrofitted.

You can view a summary of the rule here and the entire rule here.  For additional information on the steps the Department of Transportation has already taken to help strengthen the safe transport of crude oil by rail, please visit www.dot.gov/mission/safety/rail-chronology.

The Republican-led House Appropriations Committee released its fiscal-year 2016 budget proposals for transportation, housing and urban development, which call for cuts to the U.S. Department of Transportation’s (USDOT) discretionary spending, as well as reductions in the Federal Railroad Administration’s (FRA) and Federal Transit Administration’s (FTA) budgets.

The bill proposes $17.2 billion in discretionary appropriations for the USDOT, which is $1 billion less than the fiscal-year 2015 level and $6.8 billion below President Obama’s request for the department.

Read the complete story at Progressive Railroading.

mta_long-island-railroad-logo[1]Gov. Andrew M. Cuomo announced April 24 that the Federal Railroad Administration has approved a loan of $967.1 million to the Metropolitan Transportation Authority for the improvement of the safety of the signal systems used by the MTA’s two commuter railroads, the Long Island Rail Road and Metro-North Railroad. The loan, which is the largest and lowest-cost financing for the MTA, will finance the installment of positive train control, a technology designed to remove the potential for human error that can lead to train-involved accidents.

“This loan is a dramatic investment in the MTA – one that will make trains safer for all riders on Metro-North and the LIRR,” Gov. Cuomo said. “With this infusion of funding, crews will be getting to work on individual cars and along hundreds of miles of track to install state of the art technology that can save lives. This loan could not have been possible without the hard work and support of U.S. Department of Transportation Secretary Anthony Foxx and Acting FRA Administrator Sarah Feinberg, and I thank them on behalf of all MTA commuter rail customers for helping us make this important advancement possible.”

MTA Chairman and CEO Thomas F. Prendergast said, “We are delighted to have been able to work with the Federal Railroad Administration to make this historic, and extremely important award possible. The most important thing we do each day is strive to ensure the safety of our passengers, our employees, and the public at large. This award will help us enhance that effort in a very significant way.”

Positive train control is a technology that allows computerized systems to automatically control certain aspects of train movement. It is intended to prevent train-to-train collisions, trains accidentally traveling into areas where track workers are working, or derailments caused by excessive train speed or the movement of a train through an improperly aligned switch. The technology can address situations like the Spuyten Duyvil derailment in the Bronx, where a train was going faster than its maximum allowable speed. Congress mandated the installation of positive train control in 2008 for all commuter railroads in the U.S.

Metro-North Railroad and the Long Island Rail Road are in the process of implementing the technology, which includes the installation of on-board components for 1,455 rail cars and transponders alongside 588 route miles of track. In November 2013, the MTA awarded a contract to a joint venture of Bombardier Transportation and Siemens Rail Automation to act as a systems integrator that will provide the design, furnish equipment and ensure that the system functions as intended. LIRR and Metro-North forces and some third party contracts will support installations of wayside, office, communications and on-board equipment. Installation of positive train control on Metro-North territory in the State of Connecticut will be funded by the Connecticut Department of Transportation.

The loan is the largest to have been made through the FRA’s Railroad Rehabilitation and Improvement Financing Program and remains subject to MTA Board Approval on April 29 and final closing in May. The MTA will issue its Transportation Revenue Bond directly to the Federal Railroad Administration and will repay the obligation over 22½ years at a fixed interest rate of 2.38 percent. MTA’s Transportation Revenue Bonds are rated “AA-” from Standard & Poor’s, “A2” from Moody’s, and “A” from Fitch.

U.S. Rep. Charlie B. Rangel said, “Nothing is more important than ensuring the wellbeing of New Yorkers. I applaud Governor Cuomo’s commitment to improving safety measures on Metro-North and LIRR, so that all commuters in our great State can ride knowing they are in secure hands.”

U.S. Rep. Eliot Engel said, “MTA services are an indispensable part of my constituents’ everyday lives. Thousands of commuters rely on the MTA daily to travel to work, home or school. They expect – and should receive – a safe train ride. Implementing positive train control is a critical step making this expectation a reality. The tragedies that occurred at Spuyten Duyvil in 2013 and in Westchester earlier this year may have been avoided if this life-saving technology had been in place. While we cannot assuage the pain and grief that these accidents have caused, we can make every effort to create a better railroad moving forward. I applaud the DOT and the Federal Railroad Administration for recognizing the need for this technology in the MTA system, and am very pleased that all rail travelers can experience a safer ride.”

U.S. Rep. Nita Lowey said, “I’m pleased that MTA’s application to install positive train control technology has been approved by the Federal Railroad Administration. Securing this funding would help ensure that disastrous events like the December 2013 Metro North accident never happen again. Over the last year, I have worked tirelessly to highlight the need for additional resources to help commuter railroads install PTC, and I will continue to work with federal and state officials to ensure that MTA gets the resources it needs to keep its riders safe.”

U.S. Rep. Gregory Meeks said, I’d like to thank Governor Cuomo for prioritizing the modernization and improvement of the Long Island Railroad and Metro-North Railroad’s 1500 railcars and hundreds of miles of track along our country’s busiest commuter rail system. This unprecedented investment of nearly $1 billion in the LIRR and Metro will improve safety for riders public, transit workers for decades to come.”

U.S. Rep. Steve Israel said, “This federal loan is a vital step to improving railway safety. I applaud the Metropolitan Transportation Authority and Department of Transportation on their hard work to secure this loan, and I will continue to fight for federal resources for critical New York infrastructure.”

DOT_Logo_150px

WASHINGTON — The U.S. Department of Transportation (DOT) today announced with its agencies, the Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), a package of targeted actions that will address some of the issues identified in recent train accidents involving crude oil and ethanol shipped by rail. The volume of crude oil being shipped by rail has increased exponentially in recent years, and the number of significant accidents involving trains carrying ethanol or crude oil is unprecedented.

“The boom in crude oil production, and transportation of that crude, poses a serious threat to public safety,” stated U.S. Transportation Secretary Anthony Foxx. “The measures we are announcing today are a result of lessons learned from recent accidents and are steps we are able to take today to improve safety. Our efforts in partnership with agencies throughout this Administration show that this is more than a transportation issue, and we are not done yet.”

These actions represent the latest in a series of more than two dozen that DOT has initiated over the last nineteen months to address the significant threat to public safety that accidents involving trains carrying highly flammable liquids can represent. Today’s announcement includes one Emergency Order, two Safety Advisories, and notices to industry intended to further enhance the safe shipment of Class 3 flammable liquids. 

Actions 

  • Preliminary investigation of one recent derailment indicates that a mechanical defect involving a broken tank car wheel may have caused or contributed to the incident. The Federal Railroad Administration is therefore recommending that only the highest skilled inspectors conduct brake and mechanical inspections of trains transporting large quantities of flammable liquids, and that industry decrease the threshold for wayside detectors that measure wheel impacts, to ensure the wheel integrity of tank cars in those trains.
  • Recent accidents revealed that certain critical information about the train and its cargo needs to be immediately available for use by emergency responders or federal investigators who arrive on scene shortly after an incident. To address the information gap, DOT is taking several actions to remind both the oil industry and the rail industry of their obligation to provide these critical details
    • PHMSA is issuing a safety advisory reminding carriers and shippers of the specific types of information (*listed below) that they must make immediately available to emergency responders;
    • FRA and PHMSA are issuing a joint safety advisory requesting that specific information (*listed below) also be made readily available to investigators;
    • FRA is sending a request to the Association of American Railroads asking the industry to develop a formal process by which this specific information (*listed below) becomes available to both emergency responders and investigators within 90 minutes of initial contact with an investigator, and;
    • FRA submitted to the Federal Register a notice proposing to expand the information collected on certain required accident reports, so that information specific to accidents involving trains transporting crude oil is reported.
  • DOT has determined that public safety compels issuance of an Emergency Order to require that trains transporting large amounts of Class 3 flammable liquid through certain highly populated areas adhere to a maximum authorized operating speed limit of 40 miles per hour in High Threat Urban Areas. Under the EO, an affected train is one that contains: 1) 20 or more loaded tank cars in a continuous block, or 35 or more loaded tank cars, of Class 3 flammable liquid; and, 2) at least one DOT Specification 111 (DOT-111) tank car (including those built in accordance with Association of American Railroads (AAR) Casualty Prevention Circular 1232 (CPC-1232)) loaded with a Class 3 flammable liquid.

“These are important, common-sense steps that will protect railroad employees and residents of communities along rail lines. Taking the opportunity to review safety steps and to refresh information before moving forward is a standard safety practice in many industries and we expect the shipping and carrier industries to do the same,” said Acting FRA Administrator Sarah Feinberg.

“Our first priority is to prevent these accidents from ever happening,” stated Acting PHMSA Administrator Tim Butters. “But when accidents do occur, first responders need to have the right information quickly, so we are reminding carriers and shippers of their responsibility to have the required information readily available and up to date.”

The actions taken today coincide with actions being taken by other government agencies including the Department of Homeland Security (DHS), the Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), and the Department of Energy (DOE).

*Information required by PHMSA Safety Advisory:

  • Basic description and technical name of the hazardous material the immediate hazard to health;
  • Risks of fire or explosion;
  • Immediate precautions to be taken in the event of an accident;
  • Immediate methods for handling fires;
  • Initial methods for handling spills or leaks in the absence of fire;
  • Preliminary first aid measures; and
  • 24-hour telephone number for immediate access to product information.

*Information sought by U.S. DOT in the event of a crude-by-rail accident: 

  • Information on the train consist, including the train number, locomotive(s), locomotives as distributed power, end-of-train device information, number and position of tank cars in the train, tank car reporting marks, and the tank car specifications and relevant attributes of the tank cars in the train.
  • Waybill (origin and destination) information
  • The Safety Data Sheet(s) or any other documents used to provide comprehensive emergency response and incident mitigation information for Class 3 flammable liquids
  • Results of any product testing undertaken prior to transportation that was used to properly characterize the Class 3 flammable liquids for transportation (initial testing)
  • Results from any analysis of product sample(s) (taken prior to being offered into transportation) from tank car(s) involved in the derailment
  • Date of acceptance as required to be noted on shipping papers under 49 CFR § 174.24.
  • If a refined flammable liquid is involved, the type of liquid and the name and location of the company extracting the material
  • The identification of the company having initial testing performed (sampling and analysis of material) and information on the lab (if external) conducting the analysis.
  • Name and location of the company transporting the material from well head to loading facility or terminal.
  • Name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation.
  • Name of the Railroad(s) handling the tank car(s) at any time from point of origin to destination and a timeline of handling changes between railroads.

Since 2013 there have been 23 crude-related train accidents in the United States with the majority of incidents occurring without the release of any crude oil product.

oil-train-railA chorus of lawmakers expressed frustration Tuesday with the delays in approving and implementing various regulations related to the movement of hazardous materials by rail and pipeline.

The acting chiefs of two U.S. Department of Transportation agencies heard Republicans and Democrats in the House Transportation Committee complain that rules on railroad tank cars and oil and gas pipelines had been on the table for as long as four years.

Read the complete story at the Fresno Bee.

FRA_logo_wordsLatest safety statistics released by the Federal Railroad Administration (FRA) in April confirmed 2014 was the safest year on record for freight train operations in the United States, according to the Association of American Railroads.

Highlights of FRA freight rail safety data (per million train miles):

  • Since 2000, the train accident rate is down 45 percent, a new low, and the 2014 train accident rate was down 7 percent compared with 2013.
  • The track-caused accident rate has dropped 54 percent since 2000 and 12 percent from 2013.
  • The equipment-caused accident rate has dropped 44 percent since 2000 and 6 percent from 2013. 
  • The rate for human factor-caused accidents has declined 44 percent since 2000 and 4 percent from 2013. 

“The freight rail industry is working all out to prevent any train incident, large or small. It is an ongoing 24/7 commitment and our goal remains zero accidents,” said Edward R. Hamberger, president and CEO of the AAR. “Freight railroads are always looking to further advance safety and will continue to move forward with safety-focused initiatives and cutting-edge research and development.” 

“The FRA statistics show that while freight railroads moved more products in 2014 than any time since 2007, the focus on safe train operations remained front and center through technological improvements, company-wide safety programs and ongoing record spending back into rail operations,” said Hamberger, who noted that since 1980, $575 billion has been spent on maintaining and modernizing the 140,000-mile rail system with $29 billion planned to be injected into rail infrastructure and equipment in 2015.

 

Latest safety statistics released by the Federal Railroad Administration (FRA) in April confirmed 2014 was the safest year on record for freight train operations in the United States, according to the Association of American Railroads.
Highlights of FRA freight rail safety data (per million train miles):

  • Since 2000, the train accident rate is down 45 percent, a new low, and the 2014 train accident rate was down 7 percent compared with 2013.
  • The track-caused accident rate has dropped 54 percent since 2000 and 12 percent from 2013.
  • The equipment-caused accident rate has dropped 44 percent since 2000 and 6 percent from 2013.
  • The rate for human factor-caused accidents has declined 44 percent since 2000 and 4 percent from 2013.

“The freight rail industry is working all out to prevent any train incident, large or small. It is an ongoing 24/7 commitment and our goal remains zero accidents,” said Edward R. Hamberger, president and CEO of the AAR. “Freight railroads are always looking to further advance safety and will continue to move forward with safety-focused initiatives and cutting-edge research and development.”
“The FRA statistics show that while freight railroads moved more products in 2014 than any time since 2007, the focus on safe train operations remained front and center through technological improvements, company-wide safety programs and ongoing record spending back into rail operations,” said Hamberger, who noted that since 1980, $575 billion has been spent on maintaining and modernizing the 140,000-mile rail system with $29 billion planned to be injected into rail infrastructure and equipment in 2015.
 

union_pacific_logoUnion Pacific Railroad has applied for permission to haul liquefied natural gas, which would add another combustible cargo to a U.S. rail network already being criticized for transporting ethanol and crude oil through populated areas.

The Omaha-based railroad said the application for a permit from the Federal Railroad Administration is in response to a request for liquefied natural gas transportation from an existing customer. Union Pacific operates 32,000 miles of track in the western United States, which is home to many natural gas production and storage installations.

Read the complete story at the Omaha World-Herald.

Sarah-Feinberg
Feinberg

After a string of deadly train crashes, a pair of angry U.S. senators stood in New York’s Grand Central Terminal four months ago to denounce the Federal Railroad Administration as a “lawless agency, a rogue agency,” too cozy with the railroads it regulates and more interested in “cutting corners” for them than protecting the public.

Fast forward to the past two months, when photos of rail cars strewn akimbo beside tracks have rivaled mountains of snow in Boston for play in the newspapers and on television.

Raed the complete story at The Columbian.

FRA_logo_wordsWASHINGTON – The Department of Transportation’s Federal Railroad Administration (FRA) March 13 issued a Railworthiness Directive requiring railroad tank car owners to replace unapproved valves currently installed in some tank cars. The valves in question are UNNR ball valves manufactured and sold by McKenzie Valve & Machining LLC (McKenzie). Recent FRA investigations revealed that the valves were not approved for use on railroad tank cars. Additionally, the three-inch ball valve, when not properly configured, is leading to tank cars leaking small quantities of hazardous materials.

The problem was first discovered when multiple FRA investigations identified several railroad tank cars leaking small quantities of hazardous materials. One instance occurred during the week of Jan. 11 and involved a train of 100 tank cars loaded with crude oil being transported by BNSF Railway Company (BNSF) from Tioga, N.D., to a refinery in Anacortes, Wash. BNSF discovered 14 tank cars leaking crude oil on the route. The FRA then inspected seven of the identified leaking tank cars that BNSF removed from the train in Vancouver, Wash.

The FRA inspector observed each of the tank car’s top fittings and found product leaking from the liquid line ball valves and around each valve’s closure plug. Further tests conducted by the FRA found that certain closure plugs installed on the three-inch valves caused mechanical damage and led to the destruction of the valves’ seal integrity. In addition, testing found that when a three-inch closure plug was applied and tightened in the three-inch McKenzie valve, the plug contacted and damaged the ball. Further testing revealed that the application of downward force on the valve ball applied by the three-inch plug resulted in the over-compression, damage, and misalignment of the inboard seal, causing the valve to leak.

While additional tests conducted by FRA concluded that McKenzie one-inch and two-inch ball valves do not appear to present the same safety concerns as the three-inch valves, they are not approved for use on railroad tank cars and must also be replaced. To date, FRA is not aware of any non-accident releases or other releases from railroad tank cars involving the one-inch or two-inch ball McKenzie valves.

Federal regulations require all valves applied to tank cars must be of an approved design by the Association of American Railroads (AAR) Tank Car Committee. FRA’s investigations demonstrate clear inconsistencies between the type of valve design that AAR approved versus the design of the valve actually being used, which raises questions about the approval process and a manufacturer’s adherence to an approved design type.

The FRA will immediately begin working with AAR to commence a full audit of the Association’s process for approving tank car valves and other components in order to prevent incidents like this from occurring again.

“Ensuring the safe transport of hazardous materials is a top priority for the Department of Transportation,” said U.S. Transportation Secretary Anthony Foxx. “I expect this audit to force a stricter adherence to the structures in place to keep our railways safe.”

The Directive requires all tank car owners to remove, within 60 days, any three-inch McKenzie UNNR ball valves in tank cars used to transport any hazardous material described in 49 CFR 172.101. Further, the Directive requires all tank car owners to remove the one-inch and two-inch valves within 90 days. The Directive requires tank car owners to replace the valves with valves approved for use on railroad tank cars. Since 2009, McKenzie sold approximately 11,200 of the three-inch valves to a variety of tank car owners and tank car facilities. FRA estimates that approximately 6,000 DOT Specification 111 railroad tank cars are equipped with the unapproved three-inch McKenzie UNNR valves. In addition, McKenzie indicates that it has sold more than 37,000 one-inch and two-inch valves to a variety of tank car owners and tank car facilities. The removal and replacement of these valves are not expected to significantly disrupt freight rail traffic.

Although the precise amount of hazardous materials released due to the use of these unapproved valves cannot be quantified, FRA investigations and subsequent testing have determined that only small amounts of hazardous materials could have escaped through the unapproved valves. “Any type of hazardous materials release, no matter how small, is completely unacceptable,” said Acting Federal Railroad Administrator Sarah Feinberg. “The removal of these valves from service will help to reduce the number of non-accident hazardous materials releases.”

After tank car owners have remove the unapproved valves on each affected tank car, and replaced and tested new components, they may once again use the tank cars to transport hazardous materials. Alternatively, if upon an adequate showing demonstrating the safety of the one-inch and two-inchvalves, McKenzie obtains approval for the use of those valves on tank cars, cars equipped with these one-inch or two-inch McKenzie valves may be returned to hazardous materials service.

A copy of the directive can be viewed here.