Category Archives: Rail infrastructure

AMTRAK, Derailment, Rail infrastructure, Rail Safety

Amtrak derailment raises safety, track replacement concerns

March 20, 2016 Roger Straw

Repost from the Kansas City Star, Editorial Board

Amtrak derailment raises safety, track replacement concerns

By Lee Judge, March 20, 2016 10:00 AM

HIGHLIGHTS
• The National Transportation Safety Board is investigating the accident near Cimarron, Kan.
• A cattle feed truck, which struck the rails, caused unreported damage to the railroad track

An Amtrak train derailed in southwest Kansas early March 14, injuring multiple people who were transferred to hospitals in Garden City and Dodge City, according to a release from Amtrak. The Amtrak train carrying 131 passengers derailed in rural Kansas moments after an engineer noticed a significant bend in a rail and applied the emergency brakes, an official said. Oliver Morrison The Associated Press

When people step aboard any Amtrak passenger train they should expect to arrive at their destination safely. However, that wasn’t the case last week when the Los Angeles to Chicago Southwest Chief derailed near Cimarron, Kan., injuring more than 30 people.

The National Transportation Safety Board is investigating the condition of the track. An NTSB spokesman said it appeared a cattle feed truck that struck the rails shifted the track about 12 to 14 inches. Why such damage wasn’t reported immediately is mind-boggling. A notification could have prevented the Amtrak accident and what may amount to as much as $3 million in damage to the train.

The train derailed shortly after midnight March 14 after the engineer noticed a significant bend in the rail and applied the emergency brake. Eight cars derailed about 20 miles west of Dodge City.

The train with two locomotives and 10 cars had 131 passengers and 14 crew members. At least 32 people were injured, two critically, in the derailment on a section of BNSF-owned track between Dodge City and Garden City.

The McClatchy Washington Bureau reported that parts of the track in western Kansas had deteriorated so much that Amtrak was close to reducing train speeds in some locations from 60 mph to 30 mph.

Going slower may have been safer for that train and its passengers but far from efficient. Garden City, in a 2014 federal grant application, described the degraded condition of the track, noting that “much of the rail is 30 percent past its normal useful life but still in generally good condition for salvage.”

Garden City applied for a TIGER grant, which stands for Transportation Investment Generating Economic Recovery, begun in 2009 during President Barack Obama’s economic stimulus.

Joe Boardman, president and chief executive officer of Amtrak, said last week that millions of dollars in grant money in 2014, 2015 and 2016 would replace close to 160 miles of older, bolted rail with new, continuously welded track, enabling trains to travel more smoothly and at higher speeds. About 40 percent of the funding comes from state and local governments and BNSF.

Operators of cattle feed trucks and other vehicles must be more careful at train crossings and certainly be compelled to report damage. Beyond that, the condition of tracks all over the country remains a safety concern.

Derailments of trains carrying crude oil gained a lot of attention in the last year with spills damaging the environment and fires forcing the evacuation of area communities. New track standards were put in place along with improved tank cars.

Also, between 2018 and 2020, most railroads expect to start using positive train control, which depends on wireless radio and computers to monitor train positions and automatically slow or stop trains in danger of colliding or derailing.

It’s all to make freight and passenger rail service safer and more efficient. Despite the Kansas derailment and investigation, BNSF restored the track last week, and the Southwest Chief was back running two trains a day.

Ensuring that people and freight move safely, however, has to remain the highest priority.

Civil penalties, Criminal negligence, Crude By Rail, Derailment, Explosion, Federal pre-emption, Federal Railroad Administration, Federal Regulation (U.S.), Local Regulation, Oil trains, Public permitting, Rail accidents, Rail infrastructure, Rail inspection, Rail routing, Rail Safety, Risk Assessment, U.S. Department of Transportation

Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety

March 2, 2016 Roger Straw

Repost from The Root Word, ForestEthics Blog
[Editor: See also the earlier Associated Press story: Railroad Regulators Fail to Pursue Criminal Prosecution of Hazardous Cargo Safety Violations. – RS]

News Analysis: Inspector General Cites Failure of Federal Railroad Administration on Oil Train Safety

By Matt Krogh, March 2, 2016

In a scathing critique, the US Department of Transportation Inspector General called out the Federal Railroad Administration (which is an agency within DOT) for failing to adequately evaluate or reduce the risks of a catastrophic oil train accident to the American public. The conclusion: The FRA is failing to provide adequate oversight and policing of oil trains, and FRA fails to enforce the rules or prosecute violators when they find dangerous violations.

Oil trains are too dangerous for the rails. The Inspector General makes this point in the first sentence of the review, citing the fatal Lac Megantic oil train disaster. But we’ve heard from far too many local, county, and state officials around the country who believe the federal government is overseeing oil trains and guaranteeing public safety. It’s true that century-old railroad law puts railroads under federal control. That makes sense because a continental railroad system would grind to a halt if it was regulated by thousands of different local and state government entities. But no one should let “pre-emption” or federal-control get in the way of local permitting decisions, especially when it comes to public safety. Especially when it comes to preventing a calamity that could reduce another town to ashes.

This Inspector General report makes it clear the FRA is failing the American people with a good cop/good cop approach when it comes to mile-long oil trains carrying millions of gallons of toxic, explosive crude through US cities and towns.

Here’s some key quotes from the DOT IG report, reviewed in an excellent article by AP reporter Joan Lowy:

the Agency has no overall, national understanding of the risk environment and cannot be sure that the regions consider all appropriate risk factors

This points to a key flaw in FRA oversight: they assume that region-based inspection systems are all that are needed, and fail to look nationally, comprehensively, at the risks of moving oil by train.

…do not take into account risk factors such as the condition of transportation infrastructure, the shippers’ compliance histories, or the proximity of transportation routes to population centers.

This begs the question, what does the FRA look at in risk assessment? Track conditions, how good the individual railroads are at safety, and how close people are living to oil train routes seem pretty important.

FRA issues few violations, pursues low civil penalties, and does not refer possibly criminal violations to the office of inspector general

The FRA turns a blind eye to criminal violations, settles for low fines, and fails to bring in the Office of Inspector General when criminal investigations are warranted. We need a bad cop, folks.

One inspector noted that the Office of Chief Counsel has effectively “numbed” a large portion of inspectors into not writing violations and stated that some inspectors have preconceived notions that violations will not get through the process.

It’s true that the FRA does have inspectors — but the FRA’s buddy culture with the railroads means that hard-working inspectors on the ground have lost faith in the agency’s willingness and ability to regulate railroads.

respondents just smile and cut the check

By respondents the Inspector General means railroads. They don’t argue with miniscule fines, but then why should they? They are happy to pay small fines as a normal operating expense, and get back to moving vast quantities of explosive, toxic crude oil through America’s population centers.

While the specific circumstances of all of these violations may not have warranted maximum penalties, FRA settled for 5.1 percent of the roughly $105.6 million dollars in penalties it could have levied…

No, seriously, the fines are miniscule. FRA is only issuing 5% of the fines they could levy under the law. Wouldn’t it be nice if the highway patrol took the same approach to speeding tickets? It would, but then, the Wild West of our highways would be littered with the smoking wreckage of souped-up Camaros.

By applying the same penalty to all violations of a regulation, FRA is distancing its enforcement actions from the context of the behaviors they are meant to rectify, thus weakening penalties’ deterrent effect. Furthermore, by bundling violations, FRA’s settlement process removes penalty enforcement from the context of each violation and low penalties diminish the potential deterrent effect of the penalties set in the guidelines and the regulatory maximums.

And there you have it: it doesn’t matter the scale or the number of fines you get, you can talk your way out of it in the settlement process.

The Inspector General audit of the Federal Railroad Administration found an agency that fails to understand and regulate the severe threat to 25 million Americans living in the blast zone. When it comes to oil trains the FRA seems to work for the railroad and oil industry, and not the American people. Local and state officials faced with permitting decisions need to recognize their responsibility to protect the public, just as the FRA now needs to do their job when it comes to deadly oil trains.

Bridge inspection, Bridge safety, Federal Railroad Administration, Rail infrastructure, Rail inspection, U.S. Department of Transportation

FRA Launches Website for States and Municipalities to Request Bridge Inspection Reports

February 27, 2016 Roger Straw

Repost from Transportation.gov (US Department of Transportation)

FRA Launches Website for States and Municipalities to Request Bridge Inspection Reports

Agency also requests resources to double bridge safety staff, create national database of bridges

Friday, February 26, 2016

WASHINGTON – The Federal Railroad Administration today launched a new tool on its website that allows states and municipalities to request inspection reports for rail bridges in their communities. The tool is being launched following the passage of the Fixing America’s Surface Transportation (FAST) Act and is one of the first provisions FRA has implemented. FRA also announced today that it has requested additional resources as part of the President’s Fiscal Year 2017 budget to double its bridge specialist staff and create a national bridge inventory database and website.

“Communities across the country will now have access to information on the condition of railroad bridges in their area,” said U.S. Transportation Secretary Anthony Foxx. “These inspection reports will provide greater transparency between railroads and local leaders, which is an important cornerstone in our comprehensive safety efforts.”

A state or a political subdivision of a state, such as a city, county, town or municipality, can now use FRA’s website to request information from inspection reports for local bridges via https://www.fra.dot.gov/Page/P0922. Once FRA receives the request, the railroad that owns the bridge will have 30 days to respond to the request. FRA plans to provide a copy of the report to the requester within 45 days of the original request.

According to the FAST Act, the following information about the bridge will be included in the report: the date of the last inspection; length of bridge; location of bridge; type of bridge (superstructure); type of structure (substructure); features crossed by the bridge; railroad contact information; and a general statement on the condition of the bridge.

“The Federal Railroad Administration has repeatedly urged railroads to be more responsive and more transparent with state and local leaders concerned about the condition of their local railroad bridges. State and local officials will now be able to get more information from railroads on the infrastructure in their communities,” FRA Administrator Sarah E. Feinberg said. “Providing inspection reports to local leaders is a great first step, but more can—and must—be done. We hope Congress will provide the resources to double our bridge safety staff and create a national database.”

The FAST Act addressed the issue after months of Administrator Feinberg repeatedly urging railroads to be more transparent and respond to communities when they have questions and concerns about the condition of rail bridges.

Last September, the Administrator sent a letter to all railroads saying, “When a local leader or elected official asks a railroad about the safety status of a railroad bridge, they deserve a timely and transparent response. I urge you to engage more directly with local leaders and provide timely information to assure the community that the bridges in their communities are safe and structurally sound.” While addressing, the Railroad Safety Advisory Committee in November 2015, Administrator Feinberg again told railroads that, “When FRA is asked about bridge safety, it’s frequently because, again, the public or a member of Congress become concerned and has tried to get answers from a railroad, and they have been ignored or put off.”

Bakken Crude, Ban oil trains, Bomb Trains, CPC-1232, Crude By Rail, Derailment, Explosion, Federal Regulation (U.S.), Fire, Hazmat notification, Keep it in the ground, Rail infrastructure, Spill prevention and response, Tank car design, Tank car retirement, Tank car retrofit, Tar sands crude, Train length, Train speed, Train weight

New Oil Train Safety Regs Focus on Accident Response, Not Prevention

December 8, 2015 Roger Straw

Repost from Center for Biological Diversity

New Oil Train Safety Regs Focus on Accident Response, Not Prevention

Long Phase-out of Hazardous Cars, Inadequate Speed Limits Leave Communities at Risk of Explosive Derailments

For Immediate Release, December 7, 2015
Contact: Jared Margolis, (802) 310-4054

WASHINGTON— A new transportation bill signed by President Obama includes provisions intended to improve the safety of oil trains, but leaves puncture-prone tank cars in service for years and fails to address the speed, length and weight of trains that experts point to as the leading causes of explosive derailments. The bill upgrades safety features on oil train tank cars and requires railroads to provide emergency responders with real-time information about when and where dangerous oil cargoes are being transported but doesn’t do enough to prevent oil train accidents, which have risen sharply in recent years.

“While these regulations improve our ability to prepare for oil train disasters they do virtually nothing to prevent them from ever occurring in the first place,” said Jared Margolis, an attorney with the Center for Biological Diversity who focuses on the impacts of energy development on endangered species. “Until we dramatically reduce the speed and length of these bomb trains it’s only a matter of time before the next explosive derailment sends fireballs rolling through one of our communities.”

The new regulations will require all oil train tank cars to include fire-resistant ceramic coatings and protections for protruding top fittings. The final rule issued by federal regulators in May only required oil trains with 35 loaded oil tank cars or 20-car blocks of oil tank cars to implement the new standards, and would not have required the ceramic blankets or top fitting protections for all retrofitted cars.

But experts say even the protective measures included in the new transportation regulations signed into law on Friday will do little to prevent a spill if a train derails at speeds faster than 18 mph, and oil trains are permitted to travel at 40 mph to 50 mph. And the new regulations do not require the phase-out of dangerous puncture-prone tank cars to begin until 2018, and allows them to remain in service until 2029.

“It’s irresponsible to continue to allow these bomb trains to roll through the middle of our communities and across some our most pristine landscapes,” said Margolis. “We need to quit pretending we can make these dangerous trains safe and simply ban them altogether.”

Congress has directed the U.S. Department of Transportation to continue requiring notifications to states of train routes and frequencies so communities can better prepare to respond to train derailments, explosions and oil spills. However, the new regulations do nothing to remedy the track infrastructure problems, or the excessive length and weight of oil trains, cited as leading causes of derailments. Further, it remains unclear whether the public will have access to information about these hazards.

“Keeping information on oil trains from public scrutiny is outrageous, and only serves to protect the corporate interests that care little about the risk to the homes, schools and wild areas that these trains threaten,” said Margolis. “We need to keep these trains off the tracks and keep these dangerous fossil fuels in the ground, rather than keeping the public in the dark.”

Background

The National Transportation Safety Board has repeatedly found that current tank cars are prone to puncture on impact, spilling oil and often triggering destructive fires and explosions. But federal regulators have ignored the safety board’s official recommendation to stop shipping crude oil in the hazardous tank cars. Recent derailments and explosions have made clear that even the newer tank cars, known as CPC-1232s, are not significantly safer, often puncturing at low speeds.

The recent surge in U.S. and Canadian oil production, much of it from Bakken shale and Alberta tar sands, has led to a more than 4,000 percent increase in crude oil shipped by rail since 2005, primarily in trains with as many as 120 oil cars that are more than 1.5 miles long. The result has been oil spills, destructive fires, and explosions when oil trains have derailed. More oil spilled in train accidents just in 2013 than in the 38 years from 1975 to 2012 combined.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 900,000 members and online activists dedicated to the protection of endangered species and wild places.