Mechanical Inspections and Wheel Impact Load Detector Standards for Trains Transporting Large Amounts of Class 3 Flammable Liquids, 23318-23321 [2015-09612]
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BX–
2015–022, and should be submitted on
or before May 18, 2015.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Rule on Request To
Release Airport Property at the St.
George Airport, St. George, Utah
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of request to release
airport property.
AGENCY:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Jill M. Peterson,
Assistant Secretary.
The FAA proposes to rule and
invite public comment on the release of
land at St. George Airport under the
provisions of Section 125 of the
Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR
21), now 49 U.S.C. 47107(h)(2).
DATES: Comments must be received on
or before May 27, 2015.
ADDRESSES: Comments on this
application may be mailed or delivered
to the FAA at the following address: Mr.
John P. Bauer, Manager, Federal
Aviation Administration, Northwest
Mountain Region, Airports Division,
Denver Airports District Office, 26805 E.
68th Avenue, Suite 224, Denver,
Colorado 80249–6361.
In addition, one copy of any
comments submitted to the FAA must
be mailed or delivered to Mr. Gary
Esplin, City Manager, City of St. George,
Utah, at the following address: Mr. Gary
Esplin, City Manager, City of St. George,
175 East 200 North, St. George, Utah
84770.
[FR Doc. 2015–09628 Filed 4–24–15; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Military Reservist Economic Injury
Disaster Loans; Interest Rate for Third
Quarter FY 2015
In accordance with the Code of
Federal Regulations 13—Business Credit
and Assistance § 123.512, the following
interest rate is effective for Military
Reservist Economic Injury Disaster
Loans approved on or after April 20,
2015.
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Military Reservist Loan Program—
4.000%
Dated: April 16, 2015.
Joseph P. Loddo,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. 2015–09637 Filed 4–24–15; 8:45 am]
BILLING CODE P
19 17
CFR 200.30–3(a)(12).
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SUMMARY:
Mr.
Marc Miller, Colorado Engineer/
Compliance Specialist, Federal Aviation
Administration, Northwest Mountain
Region, Denver Airports District Office,
26805 E. 68th Avenue, Suite 224,
Denver, Colorado 80249–6361.
The request to release property may
be reviewed, by appointment, in person
at this same location.
SUPPLEMENTARY INFORMATION: The FAA
invites public comment on the request
to release property at the St. George
Airport under the provisions of the AIR
21 (49 U.S.C. 47107(h)(2)).
On April 20, 2015, the FAA
determined that the request to release
property at the St. George Airport
submitted by the City of St. George
meets the procedural requirements of
the Federal Aviation Administration.
The following is a brief overview of
the request:
The City of St. George is proposing
the release from the terms, conditions,
reservations, and restrictions on the
remaining approximate 223 acres of the
former airport. A 40 acre parcel of
airport property had previously been
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released by an instrument of release
dated June 11, 2013. Physical
constraints of the airport site required
the construction and opening of the
Replacement Airport in 2011,
approximately 15 miles to the east. The
former St. George Airport was
decommissioned on January 15, 2011.
The former airport is no longer needed
for aviation purposes and the release is
to allow for the sale of the property so
the proceeds from the sale can be used
towards payment of the City’s share of
the costs associated with the
Replacement Airport. The property will
be sold as the market improves, at fair
market value. Any person may inspect,
by appointment, the request in person at
the FAA office listed above under FOR
FURTHER INFORMATION CONTACT.
In addition, any person may, upon
appointment and request, inspect the
application, notice and other documents
germane to the application in person at
the St George Airport.
Issued in Denver, Colorado on April 20,
2015.
John P. Bauer,
Manager, Denver Airports District Office .
[FR Doc. 2015–09759 Filed 4–24–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Safety Advisory 2015–01]
Mechanical Inspections and Wheel
Impact Load Detector Standards for
Trains Transporting Large Amounts of
Class 3 Flammable Liquids
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Safety Advisory.
AGENCY:
Recent derailments have
occurred involving trains transporting
large quantities of petroleum crude oil
and ethanol. Preliminary investigation
of one of these recent derailments
involving a crude oil train indicates that
a mechanical defect involving a broken
tank car wheel may have caused or
contributed to the incident. FRA is
issuing this Safety Advisory to make
recommendations to enhance the
mechanical safety of the cars in trains
transporting large quantities of
flammable liquids. This Safety Advisory
recommends that railroads use highly
qualified individuals to conduct the
brake and mechanical inspections and
recommends a reduction to the impact
threshold levels the industry currently
uses for wayside detectors that measure
SUMMARY:
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices
wheel impacts to ensure the wheel
integrity of tank cars in those trains.
FOR FURTHER INFORMATION CONTACT: Ron
Hynes, Director, Office of Safety
Assurance and Compliance, Office of
Railroad Safety, FRA, 1200 New Jersey
Avenue SE., Washington, DC 20590,
telephone (202) 493–6404; or, Thomas
Herrmann, Assistant Chief Counsel for
Safety, Office of Chief Counsel, FRA,
1200 New Jersey Avenue SE.,
Washington, DC 20590, telephone (202)
493–6036.
SUPPLEMENTARY INFORMATION:
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Background
The overall safety of railroad
operations, including shipments of
hazardous materials, has improved in
recent years. However, the July 2013
´
derailment in Lac-Megantic, Quebec,
Canada, demonstrates the potentially
catastrophic consequences of a railroad
accident resulting in the sudden release
of large quantities of Class 3 flammable
liquids. Since that accident, there have
been a number of derailments with
subsequent fires and evacuations in the
United States involving trains
transporting large quantities of Class 3
flammable liquids (specifically, crude
oil and ethanol). Although none of the
recent derailments in this country have
resulted in the tragic loss of life that
´
occurred as a result of the Lac-Megantic
derailment, recent events have led DOT
and FRA to thoroughly evaluate and
address the unique risks associated with
the growing reliance on trains to
transport large quantities of Class 3
flammable liquids.
For example, in the last two years,
DOT (including FRA and the Pipeline
and Hazardous Materials Safety
Administration (PHMSA)) has taken
numerous actions to address the safe
transportation by rail of Class 3
flammable liquids. Among other
actions, DOT has issued three
emergency orders 1 and several safety
advisories, reached voluntary
agreements with the railroad industry,2
and undertaken several separate
rulemaking proceedings to address the
transportation and handling of trains
transporting large quantities of Class 3
flammable liquids. Notably, PHMSA, in
cooperation with FRA, is nearing
completion of a comprehensive final
rule that will enhance the safe
1 DOT Emergency Restriction/Prohibition Order,
Docket No. DOT–OST–2014–0067 (May 7, 2014);
DOT Amended and Restated Emergency
Restriction/Prohibition Order, Docket No. DOT–
OST–2014–0025 (March 6, 2014); and, FRA
Emergency Order No. 28, 78 FR 48218, Aug. 2,
2013.
2 https://www.dot.gov/briefing-room/letterassociation-american-railroads.
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transportation of large quantities of
Class 3 flammable liquids by rail. The
final rule will build on proposals
contained in the Notice of Proposed
Rulemaking (NPRM) in the HM–251
rulemaking proceeding (79 FR 45016,
Aug. 1, 2014).3 The final rule was
submitted to the Office of Management
and Budget (OMB) for review pursuant
to Executive Order 12866 on February 5,
2015 (https://www.reginfo.gov/public). A
chronology of various DOT actions to
address safe transportation of flammable
liquids is listed on PHMSA’s Internet
Web site.4
Despite ongoing efforts by DOT, the
railroad industry, tank car
manufacturers, and other interested
parties, the United States has
experienced the derailment of several
trains transporting large quantities of
Class 3 flammable liquids (i.e., ‘‘highhazard flammable trains’’ or HHFTs)
over just the past three months. (For
purposes of this Safety Advisory a
HHFT is a train comprised of 20 or more
loaded tank cars of a Class 3 flammable
liquid in a continuous block or 35 or
more loaded tank cars of a Class 3
flammable liquid across the entire
train.) These incidents occurred in Iowa,
West Virginia, and Illinois. FRA’s
preliminary investigation indicates that
the recent derailment in Illinois may
have occurred as a result of a wheel
break occurring on a railroad tank car
loaded with petroleum crude oil.
outlet valves, and two cars released
product from their top fittings. The
derailment occurred in a rural area only
a few hundred feet from the Mississippi
River. FRA’s preliminary investigation
indicates that a broken wheel on one of
the loaded tank cars in the train may
have caused the derailment.
In addition to the above-described
incident, previous publicized
derailments resulting in releases of
crude oil or ethanol and/or resulting
fires have occurred with increasing
frequency (e.g., Dubuque, Iowa; Mt.
Carbon, West Virginia; Casselton, North
Dakota; Aliceville, Alabama; Lynchburg,
Virginia; Columbus, Ohio; Cherry
Valley, Illinois; Arcadia, Ohio; New
Brighton, Pennsylvania). Since February
2015, an additional three incidents
occurred in Ontario, Canada, two of
which involved HHFTs.
In light of FRA’s preliminary findings
with respect to the Galena, Illinois
derailment (described further below),
FRA believes that further industry
action is necessary to ensure public
safety. One area that FRA believes needs
further industry consideration is the
general mechanical condition of the
equipment used in HHFTs. Thus, FRA
is issuing this Safety Advisory to
recommend that railroads take certain
actions to ensure the safe mechanical
condition of the tank cars used in
HHFTs to prevent or identify defects
that could lead to derailments.
Galena, Illinois Derailment
The following is an overview of the
circumstance surrounding the most
recent notable derailment involving a
HHFT. The probable cause of this
derailment has not yet been established
by FRA. Accordingly, nothing in this
Safety Advisory is intended to attribute
a definitive cause(s) to this incident, or
to place responsibility for the incident
on the acts or omissions of any specific
person or entity.
On March 5, 2015, an eastbound
BNSF Railway Co. (BNSF) train
consisting of 103 tank cars loaded with
Bakken crude oil (petroleum crude oil,
UN 1267, 3, PG I) derailed near Galena,
Illinois, resulting in a fire. The train was
traveling from North Dakota to
Philadelphia, Pennsylvania. The train
was traveling at an approximate speed
of 23 mph when 21 loaded tank cars
derailed. As a result of the derailment,
petroleum crude oil was released and a
fire ensued. Seven cars experienced
catastrophic thermal tears, three cars
released product through their bottom
Derailment Causes
As discussed above, the most recent
crude oil derailment occurred in March
near Galena, Illinois. FRA’s preliminary
investigation indicates that a broken
wheel on a tank car loaded with
petroleum crude oil may have caused
that derailment. Federal railroad safety
regulations prohibit the use of railroad
freight cars with certain wheel defects.
49 CFR 213.103. For example, flat spots
on any freight car wheel that exceeds
2.5″ in length, or with two adjoining flat
spots, each of which is more than two
inches in length, would prohibit that car
from being placed in a train and
transported. 49 CFR 215.103(f). This
safety requirement is intended to
prevent derailments and damage to
other mechanical or track components
that might occur as a result of moving
a railroad car with flat spots in a
wheel(s).
With regard to wheels with flat spots,
wheels with that particular defect
impact the rail each time the flat portion
of the wheel meets the rail as the wheel
rotates. Flat spots or other wheel defects
(built up tread) cause freight car wheels
to be out-of-round and may ultimately
cause a wheel to break. Further,
3 https://www.gpo.gov/fdsys/pkg/FR-2014-08-01/
pdf/2014-17764.pdf.
4 https://phmsa.dot.gov/hazmat/osd/chronology.
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excessive wheel impacts caused by outof-round wheels can cause rails to crack
or break. Track defects are one of the
leading causes of derailments. Several
other notable derailments involving
large quantities of flammable liquids
that have occurred in this country so far
this year (near Dubuque, Iowa and Mt.
Carbon, West Virginia, respectively) are
believed to have been track-caused, as
was the 2014 crude oil train derailment
that occurred in Lynchburg, Virginia.
FRA is not asserting that these incidents
were caused by flat spots on wheels or
other mechanical defects, but only that
that wheel defects can cause
derailments and can damage track to the
point that a rail breaks and causes a
derailment. FRA’s intent in publishing
this Safety Advisory is to address the
mechanical condition of tank cars used
in HHFTs to avoid or identify
mechanical defects that may lead to
derailments, regardless of whether the
ultimate cause of an accident is the
result of a mechanical, track, or other
defect.
Wheel Impact Load Detectors
Technology has enabled railroads to
use additional means to learn of defects
to freight cars and railroad track
structures than were previously
available. In relation to the issues in this
Safety Advisory, the use of wayside
detectors has specifically enabled
railroads to identify certain wheel
defects and prevent derailments before
they occur. For example, hot wheel/box
detectors have long been used to alert
railroads and their train crews about
potential wheel or axle problems while
a train is enroute, such that the train can
be inspected and cars with dangerous
conditions removed from the train.
Railroads also employ Wheel Impact
Load Detectors (WILD) along their rights
of way. These detectors identify wheels
on a railcar that may have flat spots or
other defects before a wheel can cause
damage to railroad track structures.5
The Association of American
Railroads (AAR) has established
industry-wide standards regarding how
freight cars with wheels that have peak
vertical load (kips) above certain
thresholds should be handled. See e.g.,
2015 Field Manual of the AAR
Interchange Rules. AAR guidance (Rule
41) states that when a freight car’s wheel
registers an impact on a wayside WILD
of 65 kips or more, that the car’s owner
receives notification of that reading.
When a wheel registers from 80 to 89
kips on a WILD, that wheel is
condemnable and may be replaced
5 See https://freightrailworks.org/wp-content/
uploads/safety2.pdf.
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when the car is on a shop or repair track
for any other reason. Any wheel that
registers over 90 kips is condemnable
and may be replaced at any time. FRA
also understands that some railroads
have adopted procedures that set an
additional upper threshold whereby a
reading above a certain level (140 kips)
would require the train in which the car
is traveling to be stopped, and the car
removed from the train to be repaired
immediately before further movement.
FRA’s investigation of the recent
incident near Galena, Illinois indicates
that the train in question had passed
over a WILD within approximately 130
miles before derailing. It appears that
the car that potentially caused the
derailment registered 83.87 kips on that
WILD (while another car in the train
registered 96 kips). A month earlier, on
February 2, 2015, the car that
potentially caused the derailment also
registered over 80 kips while passing
over two separate WILDs. Under AAR
interchange rules, the option existed for
the car to have had a problematic wheel
replaced when the car was next on a
repair track, while the car that registered
96 kips could have continued in
transportation but been replaced at any
time.
FRA continues to encourage the
industry to implement this type of
advanced wayside detection equipment
and applauds the industry for its
continued efforts to utilize the
technology across the rail network.
However, in light of the significant
increases in the amount of Class 3
flammable liquids being transported by
rail over the last few years and because
wheel defects are known not only to
cause derailments but also to cause
significant damage to rails, FRA is
recommending that railroads (and AAR
via amendment to its interchange rules)
lower the impact threshold for action to
replace the wheels on any car in a
HHFT specified below. FRA is
recommending adjustment to the
following threshold levels:
• 60 kips—issue maintenance
advisory for the affected car;
• 70 kips—change the wheel at the
tank car’s next visit to a repair or shop
track;
• 80 kips—condemn the wheel and
replace at the first opportunity; and
• 120 kips—immediately stop the
train to inspect the wheel and remove
the car from service at the first available
location.
FRA believes that in light of the
significant increase in the number of
HHFTs and the catastrophic
consequences that can result when one
of these trains experience a derailment,
the industry needs to provide special
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attention to the mechanical condition of
the tank cars being hauled in these
trains. This is especially important
while newer, more robust tank car
standards are being developed. The
adjustments recommended above may
enable railroads to identify and replace
wheel defects that could cause
derailments much sooner than under
the existing industry guidelines. FRA
also continues to encourage the
installation of additional WILD and
other wayside detectors that might help
prevent train derailments.
FRA is aware that the speed at which
a train travels over a WILD may impact
the readings that are generated (e.g., a
car traveling at lower speed may result
in a much lower WILD reading than
when the same car travels over a WILD
at a higher speed). However, railroads
should not operate HHFTs over a WILD
below normal operating speeds to avoid
an elevated WILD reading. FRA also
encourages railroads to use electronic
data interchange so that a railroad
transporting a tank car in an affected
train would have access to WILD
readings generated by other railroads
that have previously transported that
car.
Mechanical Inspections
Another area FRA believes industry
could address to ensure the safe
mechanical condition of rail cars used
in HHFTs is mechanical inspections.
Existing Federal railroad safety
regulations that address mechanical and
inspection requirements for freight cars
are primarily found in 49 CFR parts 215
and 232. To detect mechanical defects
such as wheels defects (before trains
depart a terminal or point of origin)
railroads are required to inspect railroad
freight cars prior to transporting them in
a train. 49 CFR 215.13. These
inspections are referred to as predeparture inspections and are typically
performed by a designated inspector
under § 215.11. Section 215.11 requires
that a designated inspector demonstrate
the knowledge and ability to inspect
railroad freight cars to determine
compliance with 49 CFR part 215,
including the ability to detect wheel
defects under § 215.103. However, if a
designated inspector is not on duty, a
railroad may use another person, often
a train crew member, to perform an
abbreviated inspection intended to
detect readily discoverable defects (such
as a cracked or broken wheel). These
inspections are often referred to as
‘‘Appendix D’’ inspections. See
appendix D to 49 CFR part 215.
In light of recent derailments
involving HHFTs and the potential
consequences of any future derailments,
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FRA is recommending that any HHFT
traveling long distances have a predeparture inspection performed by a
designated inspector. Designated
inspectors are typically mechanical
employees. Unlike train crew members
or other railroad employees, designated
inspectors’ duties primarily relate to the
detection and remedy of mechanical
defects on railroad rolling equipment.
FRA believes that designated inspectors
are better trained, equipped, and
experienced to detect mechanical
defects on rail cars that may lead to
derailments than railroad employees
whose duties primarily involve other
tasks, such as operating trains. Thus,
FRA believes safety is improved by
using only designated inspectors to
perform pre-departure inspections of
HHFTs.
In addition to the required predeparture inspection that is performed
on trains to determine compliance with
part 215, trains also must undergo an
air-brake and other mechanical-related
inspections prior to transportation
under 49 CFR part 232. In 2001, FRA
promulgated a final rule (66 FR 4104)
that established minimum inspection
standards for ‘‘extended haul’’ trains
that travel long distances (up to 1,500
miles). 49 CFR 232.213. Railroads
typically use the standards in § 232.213
to identify, inspect, and operate unit
trains that travel long distances across
the United States, such as coal trains
and high priority intermodal trains. FRA
believes that trains can be transported
safety over such long distances if,
among other requirements, quality
mechanical inspections are performed
to ensure that all air brakes in a train are
operative at the point of origin, and that
no mechanical defects exist prior to the
train’s departure. As explained in the
final rule, § 232.213 contains ‘‘stringent
inspection requirements, both brake and
mechanical, by highly qualified
inspectors’’ that ensure the safety of
trains operated over long distances
under that section’s requirements. 66 FR
4121.
The brake inspection applicable to an
extended haul train must be performed
by a ‘‘qualified mechanical inspector’’
(QMI) as defined by § 232.5, while the
part 215 inspection is required to be
performed by a designed inspector
under § 215.11 as discussed above. A
QMI is required to receive instruction
and training on the ‘‘troubleshooting,
inspection, testing, maintenance or
repair of the specific train brake
components and systems for which the
person is assigned responsibility.’’ 49
CFR 232.5. FRA believes that QMIs
(versus other employees such as train
crew members) possess the skill to
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perform high quality inspections and
can identify defective conditions, know
how those defects might affect other
parts of the freight car’s brake or
mechanical systems, and know how
such defects might be caused. 66 FR
4148.
In evaluating the recent incidents
involving HHFTs, many of the trains
were traveling uninterrupted (such as
for reclassification at a yard) for long
distances. For example, the recent crude
oil derailments have involved trains
transporting product from its source in
North Dakota to refineries on the
coasts—in some instances distances of
well over 1,000 miles. FRA recognizes
that many railroads already move these
long distance trains as extended haul
trains and conduct the mechanical and
brake inspections discussed above. To
assure the safety of HHFTs that might
travel long distances, FRA recommends
that such trains receive mechanical and
brake inspections conducted by QMIs
and designated inspectors. FRA believes
that having these critical inspections
conducted by highly qualified
inspectors at the point where such
trains are initiated will help ensure the
safe mechanical condition of these
trains.
In seeking the appropriate approach
to ensuring safety, FRA has also limited
the recommendations in this Safety
Advisory to HHFTs only and would
have applied to all of the recent
incidents described above. This
threshold ensures that FRA is focusing
on the highest risk shipments and not
unnecessarily making safety-related
recommendations that would impose
undue burdens on lesser risks that do
not represent the same safety and
environmental concerns. However, FRA
also supports additional safety-related
inspections or measures that railroads
wish to adopt, irrespective of
commodity being hauled or the type of
operation.
Recommended Railroad Action: In
light of the above discussion, FRA
recommends for any HHFT that
railroads:
(1) Continue to install and maintain
Wheel Impact Load Detectors (WILD)
along routes traveled by affected trains,
and adjust the existing industry
standards for actions to be taken when
wayside WILDs detect an impact above
a certain threshold for an affected train.
If a railroad receives notification of a
wheel impact for a car in an affected
train above the below-listed thresholds,
at a minimum, take the following
actions:
• 60 kips—issue maintenance
advisory to the car owner of the affected
car;
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• 70 kips—change the wheel at the
tank car’s next movement onto a repair
or shop track;
• 80 kips—condemn the wheel and
replace it at the first opportunity; and
• 120 kips—immediately stop the
train to inspect the wheel and remove
the car from service at the first available
location.
(2) Conduct initial terminal brake
inspections by qualified mechanical
inspectors as defined in 49 CFR 232.5
and conduct freight car inspections at
initial terminals with designated
inspectors under 49 CFR 215.11 for any
affected train that will travel 500 miles
or more from its initial terminal to
destination.
FRA encourages railroad industry
members to take actions that are
consistent with the preceding
recommendations and to take other
complementary actions to help ensure
the safety of the Nation’s railroad
employees. FRA may modify this Safety
Advisory, issue additional safety
advisories, or take other appropriate
actions necessary to ensure the highest
level of safety on the Nation’s railroads,
including pursuing other corrective
measures under its rail safety authority.
Sarah Feinberg,
Acting Administrator.
[FR Doc. 2015–09612 Filed 4–24–15; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 30, Notice
No. 1]
Emergency Order Establishing a
Maximum Operating Speed of 40 mph
in High-Threat Urban Areas for Certain
Trains Transporting Large Quantities
of Class 3 Flammable Liquids
FRA is issuing this
Emergency Order (E.O. or Order) to
require that trains transporting large
amounts of Class 3 flammable liquid
through certain highly populated areas
adhere to a maximum authorized
operating speed limit. FRA has
determined that public safety compels
issuance of this Order. This Order is
necessary due to the recent occurrence
of railroad accidents involving trains
transporting petroleum crude oil and
ethanol and the increasing reliance on
railroads to transport voluminous
amounts of those hazardous materials in
recent years. Under the E.O., an affected
train is one that contains: (1) 20 or more
loaded tank cars in a continuous block,
or 35 or more loaded tank cars, of Class
SUMMARY:
E:\FR\FM\27APN1.SGM
27APN1
Agencies
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23318-23321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09612]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Safety Advisory 2015-01]
Mechanical Inspections and Wheel Impact Load Detector Standards
for Trains Transporting Large Amounts of Class 3 Flammable Liquids
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Safety Advisory.
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SUMMARY: Recent derailments have occurred involving trains transporting
large quantities of petroleum crude oil and ethanol. Preliminary
investigation of one of these recent derailments involving a crude oil
train indicates that a mechanical defect involving a broken tank car
wheel may have caused or contributed to the incident. FRA is issuing
this Safety Advisory to make recommendations to enhance the mechanical
safety of the cars in trains transporting large quantities of flammable
liquids. This Safety Advisory recommends that railroads use highly
qualified individuals to conduct the brake and mechanical inspections
and recommends a reduction to the impact threshold levels the industry
currently uses for wayside detectors that measure
[[Page 23319]]
wheel impacts to ensure the wheel integrity of tank cars in those
trains.
FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety
Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New
Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-6404; or,
Thomas Herrmann, Assistant Chief Counsel for Safety, Office of Chief
Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590,
telephone (202) 493-6036.
SUPPLEMENTARY INFORMATION:
Background
The overall safety of railroad operations, including shipments of
hazardous materials, has improved in recent years. However, the July
2013 derailment in Lac-M[eacute]gantic, Quebec, Canada, demonstrates
the potentially catastrophic consequences of a railroad accident
resulting in the sudden release of large quantities of Class 3
flammable liquids. Since that accident, there have been a number of
derailments with subsequent fires and evacuations in the United States
involving trains transporting large quantities of Class 3 flammable
liquids (specifically, crude oil and ethanol). Although none of the
recent derailments in this country have resulted in the tragic loss of
life that occurred as a result of the Lac-M[eacute]gantic derailment,
recent events have led DOT and FRA to thoroughly evaluate and address
the unique risks associated with the growing reliance on trains to
transport large quantities of Class 3 flammable liquids.
For example, in the last two years, DOT (including FRA and the
Pipeline and Hazardous Materials Safety Administration (PHMSA)) has
taken numerous actions to address the safe transportation by rail of
Class 3 flammable liquids. Among other actions, DOT has issued three
emergency orders \1\ and several safety advisories, reached voluntary
agreements with the railroad industry,\2\ and undertaken several
separate rulemaking proceedings to address the transportation and
handling of trains transporting large quantities of Class 3 flammable
liquids. Notably, PHMSA, in cooperation with FRA, is nearing completion
of a comprehensive final rule that will enhance the safe transportation
of large quantities of Class 3 flammable liquids by rail. The final
rule will build on proposals contained in the Notice of Proposed
Rulemaking (NPRM) in the HM-251 rulemaking proceeding (79 FR 45016,
Aug. 1, 2014).\3\ The final rule was submitted to the Office of
Management and Budget (OMB) for review pursuant to Executive Order
12866 on February 5, 2015 (https://www.reginfo.gov/public). A chronology
of various DOT actions to address safe transportation of flammable
liquids is listed on PHMSA's Internet Web site.\4\
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\1\ DOT Emergency Restriction/Prohibition Order, Docket No. DOT-
OST-2014-0067 (May 7, 2014); DOT Amended and Restated Emergency
Restriction/Prohibition Order, Docket No. DOT-OST-2014-0025 (March
6, 2014); and, FRA Emergency Order No. 28, 78 FR 48218, Aug. 2,
2013.
\2\ https://www.dot.gov/briefing-room/letter-association-american-railroads.
\3\ https://www.gpo.gov/fdsys/pkg/FR-2014-08-01/pdf/2014-17764.pdf.
\4\ https://phmsa.dot.gov/hazmat/osd/chronology.
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Despite ongoing efforts by DOT, the railroad industry, tank car
manufacturers, and other interested parties, the United States has
experienced the derailment of several trains transporting large
quantities of Class 3 flammable liquids (i.e., ``high-hazard flammable
trains'' or HHFTs) over just the past three months. (For purposes of
this Safety Advisory a HHFT is a train comprised of 20 or more loaded
tank cars of a Class 3 flammable liquid in a continuous block or 35 or
more loaded tank cars of a Class 3 flammable liquid across the entire
train.) These incidents occurred in Iowa, West Virginia, and Illinois.
FRA's preliminary investigation indicates that the recent derailment in
Illinois may have occurred as a result of a wheel break occurring on a
railroad tank car loaded with petroleum crude oil.
Galena, Illinois Derailment
The following is an overview of the circumstance surrounding the
most recent notable derailment involving a HHFT. The probable cause of
this derailment has not yet been established by FRA. Accordingly,
nothing in this Safety Advisory is intended to attribute a definitive
cause(s) to this incident, or to place responsibility for the incident
on the acts or omissions of any specific person or entity.
On March 5, 2015, an eastbound BNSF Railway Co. (BNSF) train
consisting of 103 tank cars loaded with Bakken crude oil (petroleum
crude oil, UN 1267, 3, PG I) derailed near Galena, Illinois, resulting
in a fire. The train was traveling from North Dakota to Philadelphia,
Pennsylvania. The train was traveling at an approximate speed of 23 mph
when 21 loaded tank cars derailed. As a result of the derailment,
petroleum crude oil was released and a fire ensued. Seven cars
experienced catastrophic thermal tears, three cars released product
through their bottom outlet valves, and two cars released product from
their top fittings. The derailment occurred in a rural area only a few
hundred feet from the Mississippi River. FRA's preliminary
investigation indicates that a broken wheel on one of the loaded tank
cars in the train may have caused the derailment.
In addition to the above-described incident, previous publicized
derailments resulting in releases of crude oil or ethanol and/or
resulting fires have occurred with increasing frequency (e.g., Dubuque,
Iowa; Mt. Carbon, West Virginia; Casselton, North Dakota; Aliceville,
Alabama; Lynchburg, Virginia; Columbus, Ohio; Cherry Valley, Illinois;
Arcadia, Ohio; New Brighton, Pennsylvania). Since February 2015, an
additional three incidents occurred in Ontario, Canada, two of which
involved HHFTs.
In light of FRA's preliminary findings with respect to the Galena,
Illinois derailment (described further below), FRA believes that
further industry action is necessary to ensure public safety. One area
that FRA believes needs further industry consideration is the general
mechanical condition of the equipment used in HHFTs. Thus, FRA is
issuing this Safety Advisory to recommend that railroads take certain
actions to ensure the safe mechanical condition of the tank cars used
in HHFTs to prevent or identify defects that could lead to derailments.
Derailment Causes
As discussed above, the most recent crude oil derailment occurred
in March near Galena, Illinois. FRA's preliminary investigation
indicates that a broken wheel on a tank car loaded with petroleum crude
oil may have caused that derailment. Federal railroad safety
regulations prohibit the use of railroad freight cars with certain
wheel defects. 49 CFR 213.103. For example, flat spots on any freight
car wheel that exceeds 2.5'' in length, or with two adjoining flat
spots, each of which is more than two inches in length, would prohibit
that car from being placed in a train and transported. 49 CFR
215.103(f). This safety requirement is intended to prevent derailments
and damage to other mechanical or track components that might occur as
a result of moving a railroad car with flat spots in a wheel(s).
With regard to wheels with flat spots, wheels with that particular
defect impact the rail each time the flat portion of the wheel meets
the rail as the wheel rotates. Flat spots or other wheel defects (built
up tread) cause freight car wheels to be out-of-round and may
ultimately cause a wheel to break. Further,
[[Page 23320]]
excessive wheel impacts caused by out-of-round wheels can cause rails
to crack or break. Track defects are one of the leading causes of
derailments. Several other notable derailments involving large
quantities of flammable liquids that have occurred in this country so
far this year (near Dubuque, Iowa and Mt. Carbon, West Virginia,
respectively) are believed to have been track-caused, as was the 2014
crude oil train derailment that occurred in Lynchburg, Virginia. FRA is
not asserting that these incidents were caused by flat spots on wheels
or other mechanical defects, but only that that wheel defects can cause
derailments and can damage track to the point that a rail breaks and
causes a derailment. FRA's intent in publishing this Safety Advisory is
to address the mechanical condition of tank cars used in HHFTs to avoid
or identify mechanical defects that may lead to derailments, regardless
of whether the ultimate cause of an accident is the result of a
mechanical, track, or other defect.
Wheel Impact Load Detectors
Technology has enabled railroads to use additional means to learn
of defects to freight cars and railroad track structures than were
previously available. In relation to the issues in this Safety
Advisory, the use of wayside detectors has specifically enabled
railroads to identify certain wheel defects and prevent derailments
before they occur. For example, hot wheel/box detectors have long been
used to alert railroads and their train crews about potential wheel or
axle problems while a train is enroute, such that the train can be
inspected and cars with dangerous conditions removed from the train.
Railroads also employ Wheel Impact Load Detectors (WILD) along their
rights of way. These detectors identify wheels on a railcar that may
have flat spots or other defects before a wheel can cause damage to
railroad track structures.\5\
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\5\ See https://freightrailworks.org/wp-content/uploads/safety2.pdf.
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The Association of American Railroads (AAR) has established
industry-wide standards regarding how freight cars with wheels that
have peak vertical load (kips) above certain thresholds should be
handled. See e.g., 2015 Field Manual of the AAR Interchange Rules. AAR
guidance (Rule 41) states that when a freight car's wheel registers an
impact on a wayside WILD of 65 kips or more, that the car's owner
receives notification of that reading. When a wheel registers from 80
to 89 kips on a WILD, that wheel is condemnable and may be replaced
when the car is on a shop or repair track for any other reason. Any
wheel that registers over 90 kips is condemnable and may be replaced at
any time. FRA also understands that some railroads have adopted
procedures that set an additional upper threshold whereby a reading
above a certain level (140 kips) would require the train in which the
car is traveling to be stopped, and the car removed from the train to
be repaired immediately before further movement. FRA's investigation of
the recent incident near Galena, Illinois indicates that the train in
question had passed over a WILD within approximately 130 miles before
derailing. It appears that the car that potentially caused the
derailment registered 83.87 kips on that WILD (while another car in the
train registered 96 kips). A month earlier, on February 2, 2015, the
car that potentially caused the derailment also registered over 80 kips
while passing over two separate WILDs. Under AAR interchange rules, the
option existed for the car to have had a problematic wheel replaced
when the car was next on a repair track, while the car that registered
96 kips could have continued in transportation but been replaced at any
time.
FRA continues to encourage the industry to implement this type of
advanced wayside detection equipment and applauds the industry for its
continued efforts to utilize the technology across the rail network.
However, in light of the significant increases in the amount of Class 3
flammable liquids being transported by rail over the last few years and
because wheel defects are known not only to cause derailments but also
to cause significant damage to rails, FRA is recommending that
railroads (and AAR via amendment to its interchange rules) lower the
impact threshold for action to replace the wheels on any car in a HHFT
specified below. FRA is recommending adjustment to the following
threshold levels:
60 kips--issue maintenance advisory for the affected car;
70 kips--change the wheel at the tank car's next visit to
a repair or shop track;
80 kips--condemn the wheel and replace at the first
opportunity; and
120 kips--immediately stop the train to inspect the wheel
and remove the car from service at the first available location.
FRA believes that in light of the significant increase in the
number of HHFTs and the catastrophic consequences that can result when
one of these trains experience a derailment, the industry needs to
provide special attention to the mechanical condition of the tank cars
being hauled in these trains. This is especially important while newer,
more robust tank car standards are being developed. The adjustments
recommended above may enable railroads to identify and replace wheel
defects that could cause derailments much sooner than under the
existing industry guidelines. FRA also continues to encourage the
installation of additional WILD and other wayside detectors that might
help prevent train derailments.
FRA is aware that the speed at which a train travels over a WILD
may impact the readings that are generated (e.g., a car traveling at
lower speed may result in a much lower WILD reading than when the same
car travels over a WILD at a higher speed). However, railroads should
not operate HHFTs over a WILD below normal operating speeds to avoid an
elevated WILD reading. FRA also encourages railroads to use electronic
data interchange so that a railroad transporting a tank car in an
affected train would have access to WILD readings generated by other
railroads that have previously transported that car.
Mechanical Inspections
Another area FRA believes industry could address to ensure the safe
mechanical condition of rail cars used in HHFTs is mechanical
inspections. Existing Federal railroad safety regulations that address
mechanical and inspection requirements for freight cars are primarily
found in 49 CFR parts 215 and 232. To detect mechanical defects such as
wheels defects (before trains depart a terminal or point of origin)
railroads are required to inspect railroad freight cars prior to
transporting them in a train. 49 CFR 215.13. These inspections are
referred to as pre-departure inspections and are typically performed by
a designated inspector under Sec. 215.11. Section 215.11 requires that
a designated inspector demonstrate the knowledge and ability to inspect
railroad freight cars to determine compliance with 49 CFR part 215,
including the ability to detect wheel defects under Sec. 215.103.
However, if a designated inspector is not on duty, a railroad may use
another person, often a train crew member, to perform an abbreviated
inspection intended to detect readily discoverable defects (such as a
cracked or broken wheel). These inspections are often referred to as
``Appendix D'' inspections. See appendix D to 49 CFR part 215.
In light of recent derailments involving HHFTs and the potential
consequences of any future derailments,
[[Page 23321]]
FRA is recommending that any HHFT traveling long distances have a pre-
departure inspection performed by a designated inspector. Designated
inspectors are typically mechanical employees. Unlike train crew
members or other railroad employees, designated inspectors' duties
primarily relate to the detection and remedy of mechanical defects on
railroad rolling equipment. FRA believes that designated inspectors are
better trained, equipped, and experienced to detect mechanical defects
on rail cars that may lead to derailments than railroad employees whose
duties primarily involve other tasks, such as operating trains. Thus,
FRA believes safety is improved by using only designated inspectors to
perform pre-departure inspections of HHFTs.
In addition to the required pre-departure inspection that is
performed on trains to determine compliance with part 215, trains also
must undergo an air-brake and other mechanical-related inspections
prior to transportation under 49 CFR part 232. In 2001, FRA promulgated
a final rule (66 FR 4104) that established minimum inspection standards
for ``extended haul'' trains that travel long distances (up to 1,500
miles). 49 CFR 232.213. Railroads typically use the standards in Sec.
232.213 to identify, inspect, and operate unit trains that travel long
distances across the United States, such as coal trains and high
priority intermodal trains. FRA believes that trains can be transported
safety over such long distances if, among other requirements, quality
mechanical inspections are performed to ensure that all air brakes in a
train are operative at the point of origin, and that no mechanical
defects exist prior to the train's departure. As explained in the final
rule, Sec. 232.213 contains ``stringent inspection requirements, both
brake and mechanical, by highly qualified inspectors'' that ensure the
safety of trains operated over long distances under that section's
requirements. 66 FR 4121.
The brake inspection applicable to an extended haul train must be
performed by a ``qualified mechanical inspector'' (QMI) as defined by
Sec. 232.5, while the part 215 inspection is required to be performed
by a designed inspector under Sec. 215.11 as discussed above. A QMI is
required to receive instruction and training on the ``troubleshooting,
inspection, testing, maintenance or repair of the specific train brake
components and systems for which the person is assigned
responsibility.'' 49 CFR 232.5. FRA believes that QMIs (versus other
employees such as train crew members) possess the skill to perform high
quality inspections and can identify defective conditions, know how
those defects might affect other parts of the freight car's brake or
mechanical systems, and know how such defects might be caused. 66 FR
4148.
In evaluating the recent incidents involving HHFTs, many of the
trains were traveling uninterrupted (such as for reclassification at a
yard) for long distances. For example, the recent crude oil derailments
have involved trains transporting product from its source in North
Dakota to refineries on the coasts--in some instances distances of well
over 1,000 miles. FRA recognizes that many railroads already move these
long distance trains as extended haul trains and conduct the mechanical
and brake inspections discussed above. To assure the safety of HHFTs
that might travel long distances, FRA recommends that such trains
receive mechanical and brake inspections conducted by QMIs and
designated inspectors. FRA believes that having these critical
inspections conducted by highly qualified inspectors at the point where
such trains are initiated will help ensure the safe mechanical
condition of these trains.
In seeking the appropriate approach to ensuring safety, FRA has
also limited the recommendations in this Safety Advisory to HHFTs only
and would have applied to all of the recent incidents described above.
This threshold ensures that FRA is focusing on the highest risk
shipments and not unnecessarily making safety-related recommendations
that would impose undue burdens on lesser risks that do not represent
the same safety and environmental concerns. However, FRA also supports
additional safety-related inspections or measures that railroads wish
to adopt, irrespective of commodity being hauled or the type of
operation.
Recommended Railroad Action: In light of the above discussion, FRA
recommends for any HHFT that railroads:
(1) Continue to install and maintain Wheel Impact Load Detectors
(WILD) along routes traveled by affected trains, and adjust the
existing industry standards for actions to be taken when wayside WILDs
detect an impact above a certain threshold for an affected train. If a
railroad receives notification of a wheel impact for a car in an
affected train above the below-listed thresholds, at a minimum, take
the following actions:
60 kips--issue maintenance advisory to the car owner of
the affected car;
70 kips--change the wheel at the tank car's next movement
onto a repair or shop track;
80 kips--condemn the wheel and replace it at the first
opportunity; and
120 kips--immediately stop the train to inspect the wheel
and remove the car from service at the first available location.
(2) Conduct initial terminal brake inspections by qualified
mechanical inspectors as defined in 49 CFR 232.5 and conduct freight
car inspections at initial terminals with designated inspectors under
49 CFR 215.11 for any affected train that will travel 500 miles or more
from its initial terminal to destination.
FRA encourages railroad industry members to take actions that are
consistent with the preceding recommendations and to take other
complementary actions to help ensure the safety of the Nation's
railroad employees. FRA may modify this Safety Advisory, issue
additional safety advisories, or take other appropriate actions
necessary to ensure the highest level of safety on the Nation's
railroads, including pursuing other corrective measures under its rail
safety authority.
Sarah Feinberg,
Acting Administrator.
[FR Doc. 2015-09612 Filed 4-24-15; 8:45 am]
BILLING CODE 4910-06-P