A CSX freight train ran off the rails last month in rural Mount Carbon, W.Va. One after another, exploding rail cars sent hellish fireballs hundreds of feet into the clear winter sky. Gov. Earl Ray Tomblin declared a state of emergency, and the fires burned for several days.
The Feb. 16 accident was one of a series of recent fiery derailments highlighting the danger of using freight trains to ship crude oil from wellheads in North Dakota to refineries in congested regions along America’s coastlines. The most recent was last week, when a Burlington Northern Santa Fe oil train with roughly 100 cars derailed, causing at least two cars, each with about 30,000 gallons of crude oil, to explode, burn and leak near the Mississippi River, south of Galena, Ill.
The Federal Railroad Administration is considering a rule that would require Class I freight railroads and railroads with poor safety performances to develop and implement formal risk reduction programs.
A risk reduction program would involve employees working together to identify potential hazards and determine plans to reduce or eliminate associated risks, FRA said in a notice of proposed rulemaking published in the Feb. 27 Federal Register. An ongoing risk-based hazard management program, including a hazard analysis, would help prioritize the risks to be addressed, the notice states.
WASHINGTON – As part of its ongoing effort to improve safety at railroad grade crossings, the Federal Railroad Administration (FRA) Feb. 27 announced the first step in a new, multi-faceted campaign aimed at strengthening enforcement and safety awareness at grade crossings. The first phase of this effort calls upon local law enforcement agencies to show a greater presence at grade crossings, issue citations to drivers that violate rules of the road at crossings and consider rapid implementation of best practices for grade crossing safety.
The next phase of FRA’s efforts to improve safety at grade crossings will aim to employ smarter uses of technology, increase public awareness of grade crossing safety, including distracted driving, improve signage, work closer in partnership with states and local safety agencies, and call for new funding for greater safety at grade crossings.
“Recent accidents in New York and California are important reminders of our shared challenge to both educate the public about grade crossing safety, and to enforce appropriate behavior around railroad operations,” said U.S. Transportation Secretary Anthony Foxx. “Grade crossing and trespassing accidents are serious challenges to maintaining public safety. Every three hours of every day, someone is hit by a train in the United States and we must do all we can to heighten public awareness, strengthen enforcement efforts and pioneer new technologies to better secure public safety.”
There are 250,711 grade crossings in the United States; about 51 percent of those are public-at-grade crossings. Only half of all public grade crossings have automatic-warning systems and only a third have flashing lights and gates. Approximately 15 percent of all grade crossings are grade separated – the safest of all crossings – meaning railroad traffic is completely separated from vehicle and pedestrian traffic.
States and localities have traditionally played the most significant role in determining the type of warning system present at grade crossings, with most system decisions determined by traffic levels. Upgrades to existing grade crossings are also the responsibility of states and local communities. Under federal law and regulations, railroads are responsible for inspecting, testing, and maintaining highway-rail grade crossings. The FRA issues and enforces regulations on crossing safety, issues guidance on best practices and conducts research on ways to improve crossings safety.
Additionally, the federal government provides more than $287.9 million annually to states to help improve and enhance safety at public grade crossings.
“The reality is that while the overall number of deaths and injuries from grade crossing incidents has come down significantly over the last two decades, this remains a serious problem. We can and should be doing everything we possibly can to keep drivers, pedestrians, and train crews and passengers safe at grade crossings,” said Sarah Feinberg, Acting Administrator at the Federal Railroad Administration. “In addition to this renewed outreach to law enforcement, FRA will take a fresh look at our grade crossing programs and activities.”
Facts on grade crossings:
239 people were killed and 763 people were injured in grade crossing incidents in 2014.
In Fiscal Year 2014 the top ten states with the most grade crossing accidents in ranking order include: Texas; California; Illinois; Indiana; Georgia; Alabama; Louisiana; Ohio; Florida; Tennessee.
The FRA, in partnership with the Federal Highway Administration and State Departments of Transportation have worked together with railroads to close more than 18,000 grade crossings nationwide since 2008.
To learn more about the problem at grade crossings or to view our Highway-Rail Grade Crossing Resource Guide for reporters, visit our press room at http://www.fra.dot.gov/Page/P0095.
On Feb. 22 the U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) announced that is now able to move forward with its full-scale forensic investigation into the derailment outside of Montgomery, W. Va., followed by a slower start earlier this week hampered by weather and safety concerns.
During a media conference in Boomer, W. Va., FRA announced next steps in its ongoing investigation into the incident, which includes participation from the Pipeline and Hazardous Materials Safety Administration (PHMSA). The FRA is the lead Federal agency charged with investigating Monday’s derailment.
“With the response and recovery effort now complete, and the dangers associated with the initial derailment now minimized, the FRA will now begin its thorough investigation into the derailment,” said Transportation Secretary Anthony Foxx. “I thank the emergency responders who stepped into harm’s way to evacuate the affected communities, and I am eternally grateful that no residents were seriously injured.”
On Monday, Feb. 16, a 109-car unit train pulled by two locomotives derailed 27 tank cars carrying Bakken crude oil near the Kanawha River, approximately 30 miles southeast of Charleston, WV. The Department’s FRA and PHMSA, the Environmental Protection Agency, the U.S. Coast Guard, and West Virginia state agencies have been at the site of the derailment since Monday evening.
“We are grateful to the first responders for evacuating residents safely, and grateful to the Coast Guard, the EPA and state and local agencies that worked together to immediately address urgent conditions at the derailment site,” said Sarah Feinberg, acting Administrator of the Federal Railroad Administration. “Now it is time for the FRA to begin our investigation into this incident in earnest, to identify any warranted enforcement actions, and to continue our work to ensure accidents like these do not continue.”
A full team of FRA investigators will remain in the Montgomery area for several days, and possibly weeks, as the investigation continues.
Initial activity at the derailment site focused on response and recovery, including controlling fires, containment of the crude oil release into surrounding areas, and protection of communities and drinking water sources near the derailment site. Although inclement weather, safety concerns for the community and its water supply, evacuations and fire containment limited the DOT’s initial steps in its investigation and data collection, the Department is now moving aggressively with a full-scale, thorough investigation into the cause of the derailment.
The FRA will now inspect all damaged tank cars, recover damaged rail from the accident site, and review maintenance and inspection records for rolling stock, track, signals, and locomotives. Equipment recovered from the accident site, including tank cars, tank car wheels and trucks, and damaged rail will be reassembled, documented, or reconstructed by FRA investigators at a location near the derailment site.
The FRA will systematically examine all recovered components to either eliminate or identify issues related to wheels, track, axles or other components that could have caused or contributed to the accident.
Additionally, the PHMSA is conducting testing of the crude oil product involved in the derailment to determine gas content, volatility, tank car performance and to ascertain compliance with federal hazardous material regulations related to proper product classification. The results of the inquiry will be included in FRA’s final investigative report.
“We continue to look into the composition of Bakken crude oil, which is why we took samples of the product to verify appropriate classification and whether emergency responders received the accurate information to respond to this derailment,” said Tim Butters, Acting Administrator of the Pipeline and Hazardous Materials Safety Administration.
Investigations into derailments can take significant time and resources. A full team of FRA investigators will remain in the Montgomery area for several days, and possibly weeks, as the investigation continues.
As the Department’s investigation continues, other federal and state agencies will continue to monitor the derailment site and surrounding areas to ensure it remains safe for residents. The EPA and the West Virginia Department of Environmental Protection will continue to work closely with the U.S. Coast Guard to test and monitor water quality and atmospheric conditions in the vicinity of the derailment.
Two major train derailments, one in West Virginia and one in Northern Ontario, have once again put oil transport by rail in the national spotlight in the United States.
The derailment of the train hauling crude oil in West Virginia resulted in at least 14 cars bursting into flames. As a result, two towns near the site of the accident, Adena Village and Boomer Bottom, have been evacuated. Oil from the train also spilled into the Kanawha River, contaminating the drinking water for two counties. West Virginia Governor Earl Ray Tomblin has declared a state of emergency. The incident came two days after another oil train derailment in Ontario, in which 29 cars were derailed and seven caught fire.
WASHINGTON – U.S. Transportation Secretary Anthony Foxx announced today that Department of Transportation Chief of Staff Sarah Feinberg will serve as Acting Administrator of the Federal Railroad Administration (FRA). She succeeds Joseph C. Szabo who was appointed and confirmed as the agency’s twelfth Administrator is 2009. Szabo stepped down as the agency’s head last Friday.
“Sarah has been my partner and served as my closest advisor during her tenure as Chief of Staff at the U.S. Department of Transportation. With her ability to bring clarity, focus and direction to complex challenges, she has become a proven leader within our agency,” said Secretary Anthony Foxx. “Sarah has the right mix of experience and skills to adeptly lead the FRA as it continues its important work to ensure the safe, reliable and efficient movement of people and goods.”
Feinberg becomes the second woman to lead the agency since its founding in 1966.
Since 2013 Feinberg has served as the Chief of Staff for the U.S. Department of Transportation (USDOT), managing the agency’s ten modal departments, and spearheading the agency’s legislative, policy, and communications efforts. Feinberg provided strategic advice and counsel to the Secretary regarding operational and legislative initiatives across all modes of transportation, as well as leading the department’s efforts on its $302 billion surface transportation reauthorization plan, sent to the U.S. Congress last year.
During her time as Chief of Staff, Feinberg worked closely with Secretary Foxx and each agency in the Department to ensure that they are continuously raising the bar on safety. As Acting Administrator of the Federal Railroad Administration, Feinberg will work to strengthen the culture of safety across the railroad industry.
The FRA is the Nation’s chief safety regulator for the passenger and freight rail industries. The agency has a $1.6 billion budget and employs nearly 900 people in Washington, D.C. and eight regional offices across the country. It establishes and enforces safety rules for the rail industry as well as manages a $20 billion rail investment portfolio.
According to data from Federal Railroad Administration’s Management Information System, the rail industry’s random drug testing positive rate has remained below 1.0 percent for the last two years. FRA’s administrator has therefore determined that the minimum annual random drug testing rate for the period Jan. 1, 2015 through Dec. 31, 2015, will remain at 25 percent of covered railroad employees.
In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period Jan. 1, 2015 through December 31, 2015. Railroads remain free, as always, to conduct random testing at higher rates.
This notice of determination was effective December 19, 2014.
FRA determines the minimum annual random drug testing rate and minimum random alcohol testing rate for the next calendar year based on railroad industry data available for two calendar years (for this notice, calendar years 2012 and 2013). Data from FRA’s Management Information System shows the rail industry’s random drug testing positive rate has remained below 1.0 percent for the applicable two calendar years.
The Federal Railroad Administration (FRA) has set a Feb. 10 public hearing on a dispute between the Southeastern Pennsylvania Transportation Authority (SEPTA) and its rail employees regarding a safety rule designed to limit fatigue on the job.
SEPTA wants the FRA to renew the authority’s waiver of the rule for two years. But Brotherhood of Locomotive Engineers and Trainmen (BLET) officials object and want SEPTA to follow the work rule, which involves the time workers spend traveling from home to start work somewhere other than their usual assigned location. SEPTA officials say the the rule, which requires that time to be counted as paid work time, is necessary to limit labor expenses, according to a report on Philly.com.
WASHINGTON — The U.S. Supreme Court appeared divided Monday as it considered whether Amtrak, the government-owned passenger rail company, wields too much clout in setting regulations that private freight carriers also must follow.
The nine justices heard arguments in a challenge by the Association of American Railroads to a federal law that gives Amtrak, a government-owned corporation, a key role in setting standards for railroads, including for on-time performance.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) Nov. 25 issued a safety advisory to the rail industry to better protect rail employees working on active tracks, or right-of-ways, under the supervision of a dispatcher.
“Clear communication is critical to keeping employees out of harm’s way,” said U.S. Transportation Secretary Anthony Foxx. “I want railway workers to return home safely to their families after their shift and it is the responsibility of the railroads and their employees to keep the work environment as safe as possible.”
Safety Advisory 2014-02 Roadway Worker Authority Limits, highlights the need for railroads to ensure that appropriate safety redundancies are in place in the event an employee fails to comply with existing rules and procedures. The advisory describes several related incidents and stresses the importance of clear communication and the need for railroads to monitor their employees for compliance. This Safety Advisory satisfies one National Transportation Safety Board (NTSB) safety recommendation related to dispatchers and partially addresses another related to redundant signal protection.
There are three safety measures in the advisory designed to reduce incidents that FRA expects railroads to take action on immediately:
Increase monitoring of their employees for compliance with existing applicable rules and procedures.
Examine train dispatching systems, rules, and procedures to ensure that appropriate safety redundancies are in place.
If a railroad determines that appropriate safety redundancies are not in place, adopt electronic technology—such as the Enhanced Employee Protection System, Hi-Rail Limits Compliance System, and the Train Approach Warning System—that would provide appropriate safety redundancies.
Until such technologies are in place, railroads should stress importance of dispatchers being advised of roadway workers’ whereabouts and work plans; forbid student dispatchers from removing blocking devises until confirmed by a supervisor; and that, prior to passing any absolute signal, a roadway worker should verify the limits of his or her authority.
FRA believes positive train control, a system for monitoring and controlling train movements to enhance safety, would have prevented the incidents described in the Safety Advisory.
However, where Positive Train Control is not in effect, FRA recommends that railroads adopt one or more electronic technologies that may serve to fill the technology gap and safeguard roadway workers.