The Federal Railroad Administration (FRA) has issued Safety Advisory 2011-02 "to remind railroads and their employees of the importance of following procedures when going between rolling equipment." The Advisory from the Federal Register publication is attached here.Despite the overall improvement of railroad safety in recent years, the FRA pointed to 5 fatal incidents from May 2009 to September 2011 as the reason for issuing the Advisory to remind railroads and employees of "the critical importance of maintaining and abiding by railroad rules and procedures designed to ensure safety when going between rolling equipment."
Among the recommondations to railroads the FRA makes are:
1) review current rules and operating practices that require employees to go between rolling equipment to determine if adequate protection is provided to employees;
2) develop, implement, and monitor communication protocols that require employees of multi-person crews to inform other crew members when the need to enter between rolling equipment arises;
3) convey to employees that their personal safety is their responsibility and that railroad management supports and encourages those employees that make safety their number one priority.
The Safety Advisory is not directed to any particular railroad, but to the industry in general.
Tuesday, October 11, 2011
Tuesday, October 4, 2011
NTSB Cites Fatigue in Three-Vessel Texas Canal Collision
The National Transportation Safety Board cited vessel pilot fatigue, among other causes, in its probable cause findings concerning the January 2010 collision of the 810 ft oil tanker Eagle Otome with a cargo tanker berthed at the Port of Port Arthur, TX. The tanker was then subsequently hit by a barge, causing the release of approximately 462,000 gallons of oil into Sabine-Neches Canal. A synopsis of the Board's findings are attached here pending issuance of the final report.
Although the tanker had two pilots on board, as required by local protocol, the Board found that the pilot controlling the vessel was making a radio call "at a critical point in the waterway, and the radio call interfered with his ability to fully focus on conning the vessel." Also, the Board found that pilot to be fatigued and that his fatigue adversely affected the pilot's ability to stop the sheering motion of the tanker. Contributing factors to the pilot's fatigue were untreated sleep apnea, and extended periods of wakefulness as a result of the pilot's work schedule, according to the Board's findings.
Among the various recommendations issued by the NTSB, were recommendations to the local Board of Pilot Commissioners to develop a fatigue mitigation and prevention program. The Board also reiterated a prior recommendation to the Coast Guard to to require mariners to report substantive changes in their medical status or medication use that occur between required medical evaluations.
Although the tanker had two pilots on board, as required by local protocol, the Board found that the pilot controlling the vessel was making a radio call "at a critical point in the waterway, and the radio call interfered with his ability to fully focus on conning the vessel." Also, the Board found that pilot to be fatigued and that his fatigue adversely affected the pilot's ability to stop the sheering motion of the tanker. Contributing factors to the pilot's fatigue were untreated sleep apnea, and extended periods of wakefulness as a result of the pilot's work schedule, according to the Board's findings.
Among the various recommendations issued by the NTSB, were recommendations to the local Board of Pilot Commissioners to develop a fatigue mitigation and prevention program. The Board also reiterated a prior recommendation to the Coast Guard to to require mariners to report substantive changes in their medical status or medication use that occur between required medical evaluations.
Tuesday, September 27, 2011
U.S. House Holds Hearing on Aging Inland Waterways Systems
On September 21, the U.S. House Subcommittee on Water Resources and Environment held a hearing on the economic importance of the inland waterways system, and the critical challenges posed by aging infrastructure.
A press release from the Subcommittee attached here, explains both the economic benefit of water-borne commerce, but also the potential hazard to continued commerce posed by aging infrastructure, including locks that have been in service for decades.
In addition to Subcommittee Chair Bob Gibbs (R-OH), who called for addressing infrastructure needs to keep "American farms and businesses competitive and growing American jobs," other witnesses included Larry Bray of the University of Tennessee's Center for Transportation Research, Mike Tooehy, President of the Waterways Council, Inc., and Steve Ebke of the National Corn Growers Association.
A link to written testimony is attached here.
A press release from the Subcommittee attached here, explains both the economic benefit of water-borne commerce, but also the potential hazard to continued commerce posed by aging infrastructure, including locks that have been in service for decades.
In addition to Subcommittee Chair Bob Gibbs (R-OH), who called for addressing infrastructure needs to keep "American farms and businesses competitive and growing American jobs," other witnesses included Larry Bray of the University of Tennessee's Center for Transportation Research, Mike Tooehy, President of the Waterways Council, Inc., and Steve Ebke of the National Corn Growers Association.
A link to written testimony is attached here.
Friday, September 23, 2011
Court Orders Treasure Hunters to Return Coins & Artifacts to Kingdom of Spain
It's not everyday you get a published opinion from a Federal Appellate Court that recounts intrigue and lost treasure from the Napoleonic wars at the turn of the 19th Century. It's also not everyday the prevailing litigant is the Kingdom of Spain.
Viewers of cable television may recall a series, "Treasure Hunters" showing the for-profit Odyssey Marine Exploration team searching for sunken treasure. If I recall, the series showed thousands of coins recovered from a wreck and held in an undisclosed location, pending litigation by the Spanish Government. Well now the other doubloon drops as it were...
The U.S. Court of Appeals for the 11th Circuit held this week that treasure-hunters Odyssey Marine Exploration, Inc., must return the res , or property recovered from the a wreck site near Gibraltar. The Opinion is attached here. The Court found that the ship was the Nuestra Senora de las Mercedes, and that the ship was a Spanish Naval vessel sunk by British Warships in 1804 as it sailed for Spain loaded with treasure.
The Court's opinion is not only interesting for its recitation of the historical context of the voyage and loss of the Mercedes (see page 22 and following), it is also an interesting legal ruling. In summary, the Court ruled that a salvor, or finder of treasure, cannot have a U.S. Court arrest the property of a foreign nation. The Court held that it had "constructive possession" of the shipwreck because part of the wreck had been deposited by Odyssey with the District Court. Ultimately, the Court ordered the return of nearly 600,000 coins and other artifacts to Spain, over which it had "constructive possession" though it had no jurisdiction over the property.
The statue construed was the Federal Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-1611
Viewers of cable television may recall a series, "Treasure Hunters" showing the for-profit Odyssey Marine Exploration team searching for sunken treasure. If I recall, the series showed thousands of coins recovered from a wreck and held in an undisclosed location, pending litigation by the Spanish Government. Well now the other doubloon drops as it were...
The U.S. Court of Appeals for the 11th Circuit held this week that treasure-hunters Odyssey Marine Exploration, Inc., must return the res , or property recovered from the a wreck site near Gibraltar. The Opinion is attached here. The Court found that the ship was the Nuestra Senora de las Mercedes, and that the ship was a Spanish Naval vessel sunk by British Warships in 1804 as it sailed for Spain loaded with treasure.
The Court's opinion is not only interesting for its recitation of the historical context of the voyage and loss of the Mercedes (see page 22 and following), it is also an interesting legal ruling. In summary, the Court ruled that a salvor, or finder of treasure, cannot have a U.S. Court arrest the property of a foreign nation. The Court held that it had "constructive possession" of the shipwreck because part of the wreck had been deposited by Odyssey with the District Court. Ultimately, the Court ordered the return of nearly 600,000 coins and other artifacts to Spain, over which it had "constructive possession" though it had no jurisdiction over the property.
The statue construed was the Federal Sovereign Immunities Act (FSIA), 28 U.S.C. 1602-1611
Thursday, September 15, 2011
DOT Secretary Pledges Support for Port Projects
John D. Boyd reports in yesterday's Journal of Commerce, a pledge of support by USDOT Secretary Ray Lahood for U.S. port projects in advance of the 2014 Panama Canal improvements.
Wednesday, September 14, 2011
NTSB Cites Trucker Cell Phone Use in Call for Hand-Held Ban
The National Transportation Safety Board (NTSB), during a meeting to consider the probable cause of a 2010 tractor-trailer collision in Kentucky which claimed 11 lives,recommended that commercial truck drivers be banned from using mobile phones, except for emergencies.
On March 26, 2010, a tractor-trailer crossed the median of I-65 near Munfordville, KY, and collided with a 15 passenger van carrying 12 occupants, including 2 small children and an infant. The truck driver and 10 of the 12 van passengers were killed. NTSB investigators noted the driver had used his mobile phone 69 times while driving in the 24 hour period prior to the accident, including four calls made by the driver in minutes before the crash.
A mobile device ban has already by implemented by rail regulators following a 2008 commuter train collision in California, and the NTSB has made similar recommendations to maritime operators following the Duck Boat - Barge Collision on the Delaware River in Philadelphia.
On March 26, 2010, a tractor-trailer crossed the median of I-65 near Munfordville, KY, and collided with a 15 passenger van carrying 12 occupants, including 2 small children and an infant. The truck driver and 10 of the 12 van passengers were killed. NTSB investigators noted the driver had used his mobile phone 69 times while driving in the 24 hour period prior to the accident, including four calls made by the driver in minutes before the crash.
A mobile device ban has already by implemented by rail regulators following a 2008 commuter train collision in California, and the NTSB has made similar recommendations to maritime operators following the Duck Boat - Barge Collision on the Delaware River in Philadelphia.
Tuesday, September 13, 2011
Closed Ohio River Bridge Snarls Traffic
The bridge carrying Interstate 64 over the Ohio River between Louisville, KY and Southern Indiana was closed for emergency structural repairs on Friday. This Report, from CBS news, indicates the closure may last up to six months.
To alleviate congestion, an excursion boat operator has announced shuttle service from Jeffersonville, IN to Louisville's Fourth St. Wharf for $1 each way. A report from WLKY.com, explains the service.
A riverboat carrying 300 passengers per trip maximum doesn't make much of a dent replacing a closed bridge that carried 80,000 vehicles per day, but hats off to the Spirit of Jefferson operators for quickly providing an outlet and assistance to commuters.
To alleviate congestion, an excursion boat operator has announced shuttle service from Jeffersonville, IN to Louisville's Fourth St. Wharf for $1 each way. A report from WLKY.com, explains the service.
A riverboat carrying 300 passengers per trip maximum doesn't make much of a dent replacing a closed bridge that carried 80,000 vehicles per day, but hats off to the Spirit of Jefferson operators for quickly providing an outlet and assistance to commuters.
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