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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.

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.

Read the complete story at The New York Times.

FRA_logo_wordsThe 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.

Read the complete story at Safety + Health Magazine.

grade_crossing_webWASHINGTON – 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.

 

 

oil-train-railA week after a CSX train hauling crude oil derailed and exploded 30 miles southeast of Charleston, W. Va., on Feb. 16, its mangled, charred tank cars were still being hauled from the crash site. Of the 27 cars that derailed, 19 had been engulfed in flames.

The wreckage burned for almost three days. “It’s amazing no one was killed,” says John Whitt, whose home is one of a handful clustered near the crash site, along the banks of the Kanawha River. Some were within 30 yards of the site. One home was destroyed.

Raed the complete story at Bloomberg News.

FRA_logo_wordsOn 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.

Read the complete story at www.vocativ.com.

capitolU.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today held his second hearing as chairman entitled, “Freight Rail Transportation: Enhancing Safety, Efficiency, and Commerce.” The hearing focused on challenges facing our nation’s freight rail network created by higher demand, pending and proposed rules and regulations, and infrastructure needs. Today’s hearing continued Thune’s work to improve freight rail service for ag producers and shippers and prevent future rail service disruptions from occurring.

Thune also invited Dave Brown, Chief Operating Officer of Genesee and Wyoming, parent company to South Dakota’s Rapid City, Pierre, and Eastern line (RCP&E), to testify before the hearing. Dave spoke about the opportunities and challenges that RCP&E and other shortline railroads face.

Last Congress, the Commerce Committee held various rail related hearings, including a hearing on the rail service challenges facing shippers across the country, which included agriculture producers in South Dakota who struggled with access to reliable freight rail service during a record harvest. In addition, on September 17, 2014, the Commerce Committee passed the bipartisan Surface Transportation Board (STB) reform bill that Senator Thune and former Commerce Committee Chairman Jay Rockefeller (D-W.V.) introduced to institute common-sense reforms regarding how the STB works and to address rate disputes and service complaints.

“As 2013 and 2014’s freight rail delays and service challenges highlighted, rail service is absolutely critical to our nation’s economy. South Dakota farmers scrambled to find rail cars and watched as rail turn times worsened, delaying shipments and creating grain storage challenges for the record breaking wheat, corn, and soybean crops.

“However, those delays were not just limited to the north central United States, they also extended across the country and impacted every shipping sector and industry.

“Thankfully, this winter’s relatively mild weather and better service have provided some improvements, but there’s still work to be done.

“I am pleased that Genesee and Wyoming, the parent company of South Dakota’s Rapid City, Pierre, and Eastern Railroad (RCP&E) has joined us for today’s hearing. I look forward to hearing from Dave Brown, the Chief Operating Officer of Genesee and Wyoming, which is the largest Class II railroad in the country with over 100 shortline and regional railroads, about the opportunities and challenges the RCP&E and other shortline railroads face.

“From automobiles, to coal, to ethanol, to agriculture, rail service moves goods from farm and factory to consumer marketplaces across the country and across the globe. The U.S. Department of Transportation (DOT) notes that freight rail moves roughly 40 tons per person each year. As a nation, we rely on cost efficient, timely service to move food, consumer products, and energy resources on a daily basis.

“The private infrastructure that makes up our nation’s freight rail system is costly, as old tracks and equipment require ongoing maintenance and investment. Our nation’s railroads continue to invest in new track, sidings, locomotives, and car resources with the goal of serving their customers. Class I railroads and shortlines alike face increasing demands for prompt, reliable, and safe service.

“In 2014 freight traffic increased nearly five percent over 2013 levels, and we should seek solutions that foster an even stronger freight rail network to meet this increasing demand.

“The Federal Railroad Administration (FRA) has proposed or finalized over 15 new freight rail safety rules since the passage of the Rail Safety Improvement Act of 2008, and many of these regulations will take effect in 2015.

“Not only is the Positive Train Control (PTC) mandate looming, with its December 31st deadline, but the DOT has announced that it expects a crude-by-rail regulation to be published around May of this year.

“Although the PTC deadline is quickly approaching, it remains unattainable. Through the end of 2014, railroads have invested over $5 billion in PTC, and they expect to spend billions more in the coming years.

“They have begun installation of the radio towers, locomotive technology, and other PTC infrastructure, but full compliance with the statutory requirements cannot be achieved by the end of this year. The FRA and the Government Accountability Office have documented the immense technical and programmatic challenges with implementing PTC.

“As a result of these challenges, the DOT has reported that the deadline will not be met and has offered a proposal to ensure the benefits of PTC are realized. I look forward to working with my colleagues on a legislative fix to ensure that we can set a more realistic implementation timeline for this important safety improvement.

“I am also closely monitoring the proposed crude-by-rail requirements.

“I have expressed concerns to the Office of Management and Budget as well as the DOT about the unintended harms that could result from the proposed rule. The DOT estimates its proposed crude-by-rail rule could cost nearly $6 billion, and it acknowledges the rule would increase network delays and out-of-service time for rail equipment.

“Without question, we must improve the safety of our nation’s rail system, but I am concerned about the unattainable deadlines the rule proposes. Like the PTC mandate, there are very real impacts when federal agencies set unreasonable and, many times, unachievable deadlines.

“Among other things, the DOT issued this proposed rule without analyzing the potential tank car shop capacity needed to retrofit or replace over 100,000 DOT-111 tank cars. Shippers have raised concerns about a tank car shortage, with a disruption in energy supply transportation, if DOT finalizes this rule with an unattainable deadline. I look forward to working with my colleagues, stakeholders, and the Secretary of Transportation on a realistic timeline for such a phase-out.

“While safety can and should be improved, we certainly do not need to build in system-wide delays and congestion like we have witnessed during the past year and a half.

“Our transportation network connects port to rail to truck. Delays, burdensome regulations, and failing infrastructure disrupt our nation’s economy and cost jobs. So, we must work together to find workable solutions.

“In addition, we must ensure that the Surface Transportation Board, which is tasked with resolving railroad rate and service disputes and reviewing proposed railroad mergers, can provide effective and efficient oversight of the rail industry.

“This committee has a great deal of work to do in addressing freight rail service and safety in addition to passenger rail reauthorizations. I hope members will bring forward thoughtful solutions as we address these challenges.”

Sarah-Feinberg
Feinberg

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.

FRA_logo_wordsAccording 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.