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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.



Showing posts with label Emergency Order. Show all posts
Showing posts with label Emergency Order. Show all posts

Tuesday, September 9, 2014

FRA Publishes Train Securement Rule

The Federal Railroad Administration (FRA) published a proposed rule today covering the securement of unattended train equipment, largely codifying its Emergency Order 28 issued in 2013. Emergency Order 28 was issued in response to the Lac Megantic train disaster in Quebec, where an unsecured train carrying crude oil rolled down grade, derailed, and exploded in the Canadian town. See our prior posts on that topic here and here.

Today's NPRM, and press release, explain the additional requirements for securing and attending crude oil trains, and others carrying poisonous by inhalation materials (PIH). The proposed rule was developed in collaboration with industry via the Rail Safety Advisory Committee. Written comments in response to the NPRM are due November 10, 2014.

Saturday, August 3, 2013

FRA Follows Suit with Emergency Order on Haz Mat Train Operations

Following the emergency rules issued by Transport Canada ( see my 7/30/13 post here ) the FRA issued an Emergency Order on Friday with similar requirements.

The FRA Emergency Order and Safety Advisory calling for as yet to be scheduled Rail Safety Advisory Committee meeting, are effective immediately and are in direct response to the Lac Megantic disaster in Quebec. Though the FRA Order notes that neither Transport Canada nor the Canadian Transportation Safety Board has determined a cause of the Lac Megantic derailment, the FRA Order clearly focuses on the securement of unattended trains. The FRA Order prohibits haz mat trains from being left unattended outside of yards or terminals unless authorized, and requires communication between train crews and dispatchers about how trains are secured (including tonnage and number of hand brakes applied) if a train is left unattended.

The FRA Order also requires railroads to have qualified employees inspect rail equipment which emergency responders have been on before leaving a train unattended, which is a nod toward the theory that actions of firefighters had some role in the Lac Megantic breakaway train. Prior to the train rolling away, a fire in a locomotive had been extinguished by local authorities.

Unlike the Canadian emergency rule, the FRA Order does not immediately mandate minimum 2 man crews on haz mat trains, rather, the Safety Advisory notes that crew size will be a task discussed at the forthcoming meeting of the RSAC.