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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Thursday, March 8, 2012

NTSB Issues Rail Safety Recommendations Following 2009 Ethanol Derailment

On March 2, 2012, the National Transportation Safety Board (NTSB), issued 15 Rail Safety recommendations related to the June 19, 2009 CN derailment in Cherry Valley, Illinois. In the accident,13 of the 19 derailed ethanol tank cars were breached and caught fire, causing one fatality and several injuries.

The Board had previously determined the probable cause of the derailment was a washout of the track structure discovered before the arrival of the train which derailed. The Board's recommendations range from advising railroads and public entities to assess trackside stormwater drainage, to tank car integrity and crashworthiness improvements.

Among the recommendations related to rail tank cars, are the Board's recommendations that existing DOT-111 tank cars carrying ethanol be retrofitted to improve shell puncture resistance and prevent exposed valve fittings from opening in an accident. (R12-6 - R12-8).

The call to retrofit some 40,000 in service tank cars carrying ethanol is likely to be controversial, given the conservative estimate of the Railway Supply Institute of the retrofitting to be $1 billion dollars.

The Recommendations, which are not mandatory, are attached here:

R-12-1 & 2

R-12-3 and 4, reiteration of R-07-2

R-12-5 through 8, reiteration of R-07-4

R-12-9

R-12-10

R-12-11

R-12-12 through 15

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