NTSB Recommends Railroads Monitor for Electronic Device Use by Crews

The National Transportation Safety Board (NTSB)recommended today that the railroad industry "use technology-based solutions to detect the presence of signal-emitting electronic devices and that inform railroad management about the detected devices in real time." The recommendations are R-13-5 through R-13-8 (attached here) which were issued following the Board's investigation of a September 2010 train collision between two Canadian National trains in Minnesota. The Board's recommendations call for the use of sensing equipment to report use of electronic devices by crew members to rail management. The most recent recommendations are related to 49 CFR part 220 which prohibits the use of personal electronic devices by train crews. The Board also reiterated prior recommendations to the rail industry dating to 2010 covering the installation of video equipment in train cabs to verify and monitor crew compliance with rules and procedures - classifying the state of these recommendations as "Open- Unacceptable Response." It is likely today's recommendations will not be popular with rail labor, however it should be remembered that there was resistance to forward facing video equipment on locomotives some years past. That resistance has moderated as both railroad and train crews have seen the value of video evidence of crossing accidents, which often implicate drivers in accidents.

NTSB Postive Train Control Forum Agenda Released

As follow up to my earlier post on the NTSB's planned February 27 Positive Train Control forum, the Board released the Agenda for the meeting as well as information on the speakers/panelists, which are linked here for review.

Increased Rail Haz Mat Penalties Published

The Federal Railroad Administration (FRA), published today revised civil monetary penalties for the violation of the Hazardous Materials Transportation Act. The FRA rule implements the increased penalties enacted in July 2012 with the passage of the MAP-21 Act (Moving Ahead for Progress in the 21st Century Act). The increased penalties, which apply to all violations of the federal haz mat transportation laws after October 1, 2012, increase the maximum civil penalty from $50,000 to $75,000 for "knowing violations," and from $100,000 to $175,000 if the violation "results in death, serious injury or severe injury to any person, or substantial destruction of property." Also, the prior minimum penalty of $250 has been eliminated, except that a $450 minimum penalty will apply to training violations.

NTSB to Hold Forum On Positive Train Control February 27

The National Transportation Safety Board (NTSB) announced today it will hold a 1-day forum, titled "Positive Train Control: Is it on Track?" on February 27, 2013 at its Washington headquarters. No specific agenda or list of speakers has been named for the forum, however it is clear the status of the implementation of the long-proposed technology to control trains will be the main focus. The NTSB's page on this issue is attached here. The pending FRA docket on the PTC rulemaking is attached here.

WVU Receives Grant to Study Distracted Driving

West Virginia University's School of Public Health has recevied a $182,000 grant to study the effectiveness of state laws banning cell phone use while driving. The grant from the Eunice K. Shriver National Institute of Health was announced by West Virginia's U.S. Senators, Jay Rockefeller and Joe Manchin. WVU's announcement is attached here. According to a National Transportation Safety Board "Fact Sheet," which notes various data on the issue, commercial drivers are 163 times more likely to have a "safety-critical event" if texting, and that national surveys indicate 69 percent of drivers reporting talking on their cell phones while driving, and 24 percent reported texting or emailing while driving. The attached chart from the Governor's Highway Safety Association, lists all cell phone/texting laws in place in the U.S. and whether the various restrictions are primary or secondary offenses. Currently West Virginia's restrictions are secondary, meaning a driver cannot be cited for hand held use unless stopped for another infraction, however, West Virginia's ban becomes primary on July 1, 2013.

BP Pleads Guilty to Criminal Charges - to Pay in Excess of $4 Billion

The Department of Justice announced today the entry of a guilty plea by BP Exploration and Production, Inc., to criminal charges of felony manslaughter, environmental crimes, and obstruction of Congress. The DOJ press release is attached here. The agreement calls for BP to pay in excess of $4 billion dollars in fines and penalties. The penalty is subject to court approval, and is the largest criminal penalty in U.S. History. The Guilty Plea filed with the federal court in Louisiana is attached here. Three individual BP employees have been indicated, including the 2 highest ranking supervisors aboard the Deepwater Horizon, and a BP executive who served as Deputy Incident Commander after the incident, who is charged with obstruction of Congress and making false statements to law enforcement officials.

U.S. Projected to Be Largest Global Oil Producer

The International Energy Agency (IEA), in its World Energy Outlook 2012 (Executive Summary Attached), has forecast that the U.S. will overtake Saudi Arabia as the world's largest oil producer by 2020, and to become a net oil exporter by 2030. Noting the U.S. currently imports about 20% of its total energy needs, the IEA notes the projected energy self-sufficiency of the U.S. represents a "dramatic reversal of the trend seen in most energy importing countries." Regarding natural gas, the IEA notes an interesting situation where abundant gas production, and hence low prices, reduces coal use in the U.S., but frees up coal for export to Europe where coal is a cheaper alternative to natural gas. For U.S. consumption, "low prices and abudant supply see gas overtake oil around 2030 to become the largest fuel in the energy mix." In terms of the forecast for global coal use, steady demand in China and India is forecast, with India overtaking the U.S. as the second-largest coal user by 2025, with India also becoming the larger net importer of coal by 2020. The overall picture for the U.S. certainly is positive. Domestic coal usage is likely to decline with the price pressure from natural gas, however, both the trends in U.S. production and overseas markets indicates a strong role for the shipping industry domestically and for export of coal, oil, and gas.