80_FR_69488 80 FR 69272 - Addressing Rail Head Surface Conditions Identified During the Internal Rail Inspection Process

80 FR 69272 - Addressing Rail Head Surface Conditions Identified During the Internal Rail Inspection Process

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 216 (November 9, 2015)

Page Range69272-69275
FR Document2015-28411

On February 16, 2015, a derailment occurred in West Virginia due to a broken rail that resulted from an internal rail defect, specifically a vertical split head (VSH). Although rail flaw detection equipment had indicated rail flaw conditions at the location of the failure in December 2014 and January 2015, the operator of the equipment failed to carry out an on-ground examination of the defect. The operator later claimed that he believed the reading on the monitor was a false-positive due to rail head surface conditions. FRA believes that if the operator better understood the indications for various rail flaw conditions, including the rough rail surface conditions he was to look for and properly identified the rail flaw indications, the operator would have reported the defect to the track owner. Upon reporting, the track owner would have been alerted to its duty under the Track Safety Standards (49 CFR part 213) to take remedial action (either repair or replacement of the rail or reduction of the maximum authorized train speed over the rail to the specified level). Had the track owner then taken proper remedial action, that action may have prevented the broken rail and the derailment. In response, FRA is issuing this Safety Advisory No. 2015-05 to remind track owners (typically railroads), their track maintenance personnel, and their rail flaw detection equipment operators of the importance of complying with their rail management programs and engineering procedures that address rail with rail head surface conditions while performing rail flaw inspections and track inspections generally. This is particularly vital on track carrying passengers and hazardous materials due to the catastrophic consequences that may result from a derailment. This Safety Advisory also contains recommendations to track owners to ensure their rail flaw detection equipment operators are properly trained and exercise due diligence when a rail head surface condition interferes with a valid rail inspection.

Federal Register, Volume 80 Issue 216 (Monday, November 9, 2015) 
[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Pages 69272-69275]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28411]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Safety Advisory No. 2015-05]


Addressing Rail Head Surface Conditions Identified During the 
Internal Rail Inspection Process

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation.

[[Page 69273]]


ACTION: Notice of safety advisory.

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SUMMARY: On February 16, 2015, a derailment occurred in West Virginia 
due to a broken rail that resulted from an internal rail defect, 
specifically a vertical split head (VSH). Although rail flaw detection 
equipment had indicated rail flaw conditions at the location of the 
failure in December 2014 and January 2015, the operator of the 
equipment failed to carry out an on-ground examination of the defect. 
The operator later claimed that he believed the reading on the monitor 
was a false-positive due to rail head surface conditions. FRA believes 
that if the operator better understood the indications for various rail 
flaw conditions, including the rough rail surface conditions he was to 
look for and properly identified the rail flaw indications, the 
operator would have reported the defect to the track owner. Upon 
reporting, the track owner would have been alerted to its duty under 
the Track Safety Standards (49 CFR part 213) to take remedial action 
(either repair or replacement of the rail or reduction of the maximum 
authorized train speed over the rail to the specified level). Had the 
track owner then taken proper remedial action, that action may have 
prevented the broken rail and the derailment.
    In response, FRA is issuing this Safety Advisory No. 2015-05 to 
remind track owners (typically railroads), their track maintenance 
personnel, and their rail flaw detection equipment operators of the 
importance of complying with their rail management programs and 
engineering procedures that address rail with rail head surface 
conditions while performing rail flaw inspections and track inspections 
generally. This is particularly vital on track carrying passengers and 
hazardous materials due to the catastrophic consequences that may 
result from a derailment. This Safety Advisory also contains 
recommendations to track owners to ensure their rail flaw detection 
equipment operators are properly trained and exercise due diligence 
when a rail head surface condition interferes with a valid rail 
inspection.

FOR FURTHER INFORMATION CONTACT: Carlo M. Patrick, Staff Director, Rail 
and Infrastructure Integrity Division, Office of Railroad Safety, FRA, 
1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-
6399; or John Seguin, Trial Attorney, Office of Chief Counsel, FRA, 
1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-
6045.

SUPPLEMENTARY INFORMATION: 

Background, Including Accident Summary and Regulatory Context

    The overall safety of railroad operations has improved in recent 
years. However, a February 2015 accident highlights the need for 
additional focus on detection of internal rail flaws by each track 
owner responsible for compliance with the Track Safety Standards, and 
its respective employees and internal rail inspection service 
providers, particularly on track that carries passengers or hazardous 
materials. See relevant sections of the regulations, for example, 49 
CFR 213.5, Responsibility for compliance; 213.113, Defective rails; 
213.237, Inspection of rail; and 213.238, Qualified operator. The 
following section summarizes the circumstances of this train derailment 
based on FRA's internal investigation and findings to date.

Accident Summary

    At 1:15 p.m., Eastern Standard Time, on Monday, February 16, 2015, 
CSX Transportation, Inc. (CSXT) Train K08014, a loaded unit train 
transporting Bakken crude oil, traveling eastward at 33 miles per hour 
(mph) on the railroad's Huntington Division, New River Subdivision, 
experienced an automated emergency brake application in Fayette County, 
west of Mt. Carbon, WV, as a result of a derailment. The derailment 
occurred on Class 4 track due to a VSH rail defect. See 49 CFR 213.09. 
Twenty-seven tank cars derailed, and 20 of the derailed tank cars 
released approximately 362,300 gallons of crude oil that immediately 
ignited. The resulting fire burned for four days, requiring an 
evacuation approximately 1,100 residents within a half-mile of the 
accident site. One occupant of a house located adjacent to the accident 
site reported an injury due to smoke inhalation, and a resident outside 
the evacuation zone was also injured (hypothermia due to a lack of heat 
from power loss). A small amount of the crude oil entered the Kanawha 
River. As a precaution, officials closed downstream water treatment 
intakes at Montgomery, WV, approximately three miles west of the 
accident site. A one-half-mile evacuation zone around the derailment 
site affected approximately 1,100 residents

Prior Rail Inspections

    As part of its derailment investigation, FRA reviewed the rail test 
data from CSXT's two most recent rail inspections in the area where the 
derailment occurred. The two most recent inspections occurred on 
December 17, 2014, and January 12, 2015, and were conducted by a CSXT 
contractor, a rail inspection provider. Those inspections included 
ultrasonic and induction equipment specially designed for the detection 
of internal rail flaws.
    During the December 17, 2014, inspection, the rail inspection 
provider's test equipment recorded indications with an icon on the 
display screen showing a vertical ultrasonic channel equipment response 
and induction test-channel responses at the point of derailment (POD). 
The test equipment recorded a similar but more significant indication 
at the same location during the next test on January 12, 2015. During 
both inspections, the test equipment also responded to a potential 
longitudinal-type rail head condition with multiple ``boxed'' equipment 
responses. The rail inspection data produced during the two inspections 
exhibited equipment responses typically indicating the presence of a 
significant rail head surface anomaly or longitudinal rail head defect 
such as the VSH defect that would become the POD on February 16, 2015.
    Despite the indications of a defect that was becoming more 
significant over time, the rail flaw detection equipment operator did 
not conduct a visual ground examination and/or hand test to meet the 49 
CFR 213.113(b) requirement to verify the multiple VSH defect 
indications the test equipment identified. Instead, the rail inspection 
operator told FRA that he looked out the window of his test equipment, 
decided a ``dirty rail'' \1\ had caused each indication.
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    \1\ During the interview of the operator, he used the term 
``dirty rail''. In this context, FRA believes the operator was 
referring to a rail that exhibits a top of rail surface condition 
that could account for the inspection equipment response. However, 
FRA notes that the term can also mean that the rail contained an 
internal metallurgical impurity that is inherent from the 
manufacturing process.
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VSH Rail Defect

    A VSH rail defect is a progressive longitudinal fracture in the 
head of the rail (i.e., the upper part of a rail, used for supporting 
and guiding the wheels of railroad cars), where separation along an 
internal seam, segregation, or inclusion propagates vertically through 
the rail head. The formation of a VSH defect is found predominantly in 
locations where the train wheel stress loads are off center on the rail 
head. Separation progresses longitudinally and vertically along the 
rail length, typically for some distance before turning to the gage or 
field side of the rail head and often progresses rapidly before 
failure. FRA's investigation

[[Page 69274]]

confirmed there was evidence of multiple, centrally located VSH defects 
at the derailment site.

Use of Rail Flaw Detection Equipment

    The railroad industry primarily uses ultrasonic test equipment to 
conduct non-destructive testing (NDT) for internal rail flaw 
inspection. As with any NDT method, ultrasonic technology contains 
physical limitations that allow certain types of rail head surface 
conditions to influence the proper transfer of sound into the rail and 
impede detection of rail flaws. The predominant types of these 
mechanically-formed conditions are referred to as shells, engine-driver 
burns, spalling, flaking, corrugation, and head checking. Other 
conditions that are encountered are heavy lubrication or debris on the 
rail head. Indeed, track owners and rail inspection providers should be 
aware that the NDT system is designed to perform optimally on an ideal 
test surface (i.e., no rail head surface conditions). Conditions such 
as extreme cyclical loading can result in head wear and rail head 
surface conditions that affect the integrity of these rail flaw 
inspections.
    Any type of surface condition can impede the transfer of sound from 
a rail inspection transducer into the rail being tested and the proper 
transfer of sound from a reflector in the rail back to the transducer. 
If the rail flaw detection equipment operator has any doubt or 
uncertainty about the integrity of the test process because of surface 
conditions, the operator should record the rail section searched as an 
invalid search for internal defects, and the track owner must take 
appropriate action under paragraph (h) of 49 CFR 213.237. Briefly 
summarized, paragraph (h) requires the track owner to conduct a valid 
search, reduce operating speed to a maximum of 25 mph until a valid 
search can be made, or replace the rail that had not been inspected.

General Responsibilities of Rail Flaw Detection Equipment Operators

    The rail flaw detection equipment operator must have the knowledge 
and experience to proficiently identify the types of rail head surface 
conditions that can result in an improper or invalid test of the rail 
section where the condition is located. See 49 CFR 213.237(i). Unless a 
rail flaw detection equipment operator has already demonstrated 
proficiency operating the equipment before January 24, 2014, and, 
therefore, satisfied the qualified operator requirement under 49 CFR 
213.238(f),\2\ FRA requires them to be specifically trained and have 
written authorization from his or her employer to: (1) Conduct a valid 
search for internal rail defects that is continuous and completely 
covers both rails of the track; (2) determine that the rail inspection 
equipment is operating within manufacturer guidelines and settings and 
performing all its required functions as designed; and (3) conduct the 
inspection according to established track owner and regulatory 
procedures and guidelines, including determining that all equipment 
responses are interpreted and attributed to a known condition that is 
not considered a rail defect. 49 CFR 213.238. Indeed, it is essential 
that the rail inspection's test integrity not be influenced by surface 
contamination, rail condition, or environmental conditions that can 
result in changes to the operational settings of the test equipment 
beyond allowable tolerances, changes to the equipment's alignment, or 
diminished equipment responses. Therefore, it is imperative that the 
track owner or rail inspection provider perform a hand test or visual 
on-ground examination of these suspect conditions to verify whether a 
defect is present.
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    \2\ The operator of the rail flaw detector equipment that 
performed the December 17, 2014, and January 12, 2015 internal rail 
inspections was deemed a qualified operator under 49 CFR 213.238(f).
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    FRA regulations specify that the rail flaw detection equipment 
operator must be trained as specified in FRA regulations to interpret 
the test data and to ``demonstrate proficiency in the rail defect 
detection process . . . .'' 49 CFR 213.238(c). Test equipment includes 
all hand-test instrumentation, recording instrumentation, front-end 
devices (roller search units, skids, induction search units, cabling, 
etc.), and detection control center (processing computer) equipment.
    Under paragraph (a) of 49 CFR 213.238, each provider of rail flaw 
detection services shall (1) have a documented training program in 
place and (2) identify the types of rail flaw detection equipment for 
which each equipment operator it employs has received training and is 
qualified. Operators who are deemed a qualified operator under 
paragraph (f) remain subject to paragraph (d), which, in part, requires 
an employer to ``reevaluate the qualifications of, and administer any 
necessary recurrent training for, the operator as determined by and in 
accordance with the employer's documented program.'' This requirement 
for recurrent training applies to operators who have completed the 
initial training program and operators who have been deemed qualified 
operators under paragraph (f).
    FRA determined during its investigation into the February 16, 2015, 
derailment that the presence of the rail head surface condition was not 
sufficient to account for the equipment response in its entirety, and 
that the rail flaw detection equipment operator should have inspected 
further. FRA believes that a visual ground examination, or hand test, 
or both, would have identified the presence of the underlying VSH 
defect at the time of the test on January 12, 2015, at what would 
become the POD.
    Recommended Action: In light of the discussion above, and to 
instill a heightened sense of vigilance in track owners and their rail 
inspection provider(s), FRA recommends that each track owner:

    1. Review with its employees and its rail inspection provider(s) 
the circumstances of the derailment described above and ensure its 
employees and rail inspection provider(s) carefully scrutinize 
occurrences of localized areas containing rail head surface 
conditions that may impede detection of an internal rail flaw and 
result in an invalid inspection;
    2. Ensure its rail inspection procedures contain specific 
instructions that make clear what its rail inspection provider(s) 
are responsible for (for example, including identifying and 
reporting defects and invalid searches) and that incentivizes its 
rail inspection provider(s) to identify and report areas where a 
valid search could not be conducted;
    3. Ensure that its employees and its rail inspection provider(s) 
follow the requirements of its own engineering instructions and 
ensure that the employees and rail inspection provider(s) can 
identify locations that exhibit excessive rail head wear and rail 
head surface conditions;
    4. Ensure that its rail flaw detection equipment operators 
perform an on-ground examination of any suspect rail defect location 
in conformance with 49 CFR 213.113(b). The operators should verify 
the suspect locations by hand as necessary, using a hand-held 
ultrasonic instrument or comparable device;
    5. Ensure that its rail flaw detection equipment operators have 
been adequately trained on its procedures, are fully capable of 
performing proficient inspections, and are fully capable of 
determining whether a rail inspection is valid;
    6. Continue the research and development of technology that will 
permit real-time comparison of the inspection data from the most 
current rail inspection with inspection data from the previous rail 
inspection to enable the operator to identify rail conditions that 
have significantly changed between inspections;
    7. Review its current engineering instructions to ensure that 
the procedures are consistent with the industry standard for rail 
replacement and repair, particularly in track

[[Page 69275]]

over which passengers or large quantities of ethanol, crude oil, or 
other hazardous materials are transported;
    8. In applying appropriate slow orders, focus on locations that 
exhibit rail head surface conditions and rail head wear loss 
approaching the limits specified in its own engineering instructions 
until the rail is replaced or repaired; and
    9. Aggressively monitor and evaluate its rail inspection 
provider's or providers' performance through a quality control 
program.

    FRA encourages railroad industry members and other track owners to 
take actions consistent with the preceding recommendations and to take 
other complementary actions to help ensure the safety of the Nation's 
railroads, its employees, and the general public. FRA may modify this 
Safety Advisory No. 2015-05, issue additional safety advisories, or 
take other appropriate actions it deems necessary to ensure the highest 
level of safety on the Nation's railroads, including pursuing other 
corrective measures under its rail safety authority.

    Issued in Washington, DC, on November 4, 2015.
Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2015-28411 Filed 11-6-15; 8:45 am]
BILLING CODE 4910-06-P

69272 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices Interested parties are invited to DEPARTMENT OF TRANSPORTATION submitted by any of the following participate in these proceedings by methods: submitting written views, data, or Federal Railroad Administration • Web site: http:// comments. FRA does not anticipate www.regulations.gov. Follow the online scheduling a public hearing in [Docket Number FRA–2015–0116] instructions for submitting comments. connection with these proceedings since • Fax: 202–493–2251. Petition for Modification of Special • Mail: Docket Operations Facility, the facts do not appear to warrant a Approval for Designation of Repair U.S. Department of Transportation, 1200 hearing. If any interested party desires Locations New Jersey Avenue SE., W12–140, an opportunity for oral comment, they Washington, DC 20590. should notify FRA, in writing, before In accordance with part 232 of Title • Hand Delivery: 1200 New Jersey the end of the comment period and 49 Code of Federal Regulations (CFR), Avenue SE., Room W12–140, specify the basis for their request. this document provides the public Washington, DC 20590, between 9 a.m. notice that by a document dated June 3, and 5 p.m., Monday through Friday, All communications concerning these 2015, BNSF Railway Company (BNSF) proceedings should identify the except Federal Holidays. has petitioned the Federal Railroad Communications received by appropriate docket number and may be Administration (FRA) for a modification submitted by any of the following December 9, 2015 will be considered by to its plan designating locations where FRA before final action is taken. methods: brake system repairs will be performed, Pursuant to 49 CFR 232.17(g), if no • Web site: http:// as prescribed in 49 CFR 232.17(b). FRA comment objecting to the requested www.regulations.gov. Follow the online assigned the petition Docket Number modification is received during the 30- instructions for submitting comments. FRA–2015–0116. day comment period, and if FRA finds • Fax: 202–493–2251. BNSF stated that to appropriately that the petition complies with the handle freight cars with air brake requirements of 49 CFR 232.17 and that • Mail: Docket Operations Facility, systems or components that became the proposed plan under 49 CFR U.S. Department of Transportation, 1200 defective en route, BNSF created and 232.15(g) is acceptable and justified, the New Jersey Avenue SE., W12–140, currently maintains a list of specific petition will be granted. If granted, the Washington, DC 20590. locations across its system that are petition will become effective by • Hand Delivery: 1200 New Jersey defined as the ‘‘nearest location where February 8, 2016. Avenue SE., Room W12–140, the needed repairs can be effectuated’’ Anyone is able to search the Washington, DC 20590, between 9 a.m. per 49 CFR 232.15(f). The list was last electronic form of any written and 5 p.m., Monday through Friday, updated several years ago, and, due to communications and comments except Federal Holidays. changes in accessibility, infrastructure, received into any of our dockets by the staffing, and safety, BNSF has proposed name of the individual submitting the Communications received by modest changes to the current list of comment (or signing the comment, if December 24, 2015 will be considered locations. submitted on behalf of an association, by FRA before final action is taken. A copy of the petition, as well as any business, labor union, etc.). In Comments received after that date will written communications concerning the accordance with 5 U.S.C. 553(c), DOT be considered as far as practicable. petition, is available for review online at solicits comments from the public to Anyone is able to search the www.regulations.gov and in person at better inform its processes. DOT posts electronic form of any written the U.S. Department of Transportation’s these comments, without edit, including communications and comments (DOT) Docket Operations Facility, 1200 any personal information the received into any of our dockets by the New Jersey Avenue SE., W12–140, commenter provides, to name of the individual submitting the Washington, DC 20590. The Docket www.regulations.gov, as described in comment (or signing the document, if Operations Facility is open from 9 a.m. the system of records notice (DOT/ALL– submitted on behalf of an association, to 5 p.m., Monday through Friday, 14 FDMS), which can be reviewed at except Federal Holidays. www.dot.gov/privacy. See also http:// business, labor union, etc.). In Interested parties are invited to www.regulations.gov/#!privacyNotice accordance with 5 U.S.C. 553(c), DOT participate in these proceedings by for the privacy notice of regulations.gov. solicits comments from the public to submitting written views, data, or better inform its processes. DOT posts Issued in Washington, DC, on Monday, comments. If any interested party October 26, 2015. these comments, without edit, including desires an opportunity for oral any personal information the Ron Hynes, comment, they should notify FRA, in commenter provides, to Director, Office of Technical Oversight. writing, before the end of the comment www.regulations.gov, as described in period and specify the basis for their [FR Doc. 2015–28364 Filed 11–6–15; 8:45 am] the system of records notice (DOT/ request. BILLING CODE 4910–06–P ALL—14 FDMS), which can be While 49 CFR 232.17(f) specifies that reviewed at www.dot.gov/privacy. See comments should be submitted to FRA’s also http://www.regulations.gov/ DEPARTMENT OF TRANSPORTATION Associate Administrator for Railroad #!privacyNotice for the privacy notice of Safety and Chief Safety Officer, and that Federal Railroad Administration regulations.gov. a copy of the comment be served on each petitioner, this regulation predates [Safety Advisory No. 2015–05] srobinson on DSK5SPTVN1PROD with NOTICES Issued in Washington, DC, on November 3, 2015. the establishment of the Federal Addressing Rail Head Surface government’s public regulatory Web site Ron Hynes, Conditions Identified During the and the existing electronic petition and Director, Office of Technical Oversight. Internal Rail Inspection Process comment submittal options. [FR Doc. 2015–28363 Filed 11–6–15; 8:45 am] All communications concerning these AGENCY: Federal Railroad BILLING CODE 4910–06–P proceedings should identify the Administration (FRA), Department of appropriate docket number and may be Transportation. VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1

Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices 69273 ACTION: Notice of safety advisory. Background, Including Accident conducted by a CSXT contractor, a rail Summary and Regulatory Context inspection provider. Those inspections SUMMARY: On February 16, 2015, a included ultrasonic and induction derailment occurred in West Virginia The overall safety of railroad operations has improved in recent years. equipment specially designed for the due to a broken rail that resulted from detection of internal rail flaws. an internal rail defect, specifically a However, a February 2015 accident During the December 17, 2014, vertical split head (VSH). Although rail highlights the need for additional focus inspection, the rail inspection flaw detection equipment had indicated on detection of internal rail flaws by provider’s test equipment recorded rail flaw conditions at the location of each track owner responsible for indications with an icon on the display the failure in December 2014 and compliance with the Track Safety screen showing a vertical ultrasonic January 2015, the operator of the Standards, and its respective employees channel equipment response and equipment failed to carry out an on- and internal rail inspection service induction test-channel responses at the ground examination of the defect. The providers, particularly on track that point of derailment (POD). The test operator later claimed that he believed carries passengers or hazardous equipment recorded a similar but more the reading on the monitor was a false- materials. See relevant sections of the significant indication at the same positive due to rail head surface regulations, for example, 49 CFR 213.5, location during the next test on January conditions. FRA believes that if the Responsibility for compliance; 213.113, 12, 2015. During both inspections, the operator better understood the Defective rails; 213.237, Inspection of test equipment also responded to a indications for various rail flaw rail; and 213.238, Qualified operator. potential longitudinal-type rail head conditions, including the rough rail The following section summarizes the condition with multiple ‘‘boxed’’ surface conditions he was to look for circumstances of this train derailment equipment responses. The rail and properly identified the rail flaw based on FRA’s internal investigation inspection data produced during the indications, the operator would have and findings to date. two inspections exhibited equipment reported the defect to the track owner. Accident Summary responses typically indicating the Upon reporting, the track owner would presence of a significant rail head have been alerted to its duty under the At 1:15 p.m., Eastern Standard Time, on Monday, February 16, 2015, CSX surface anomaly or longitudinal rail Track Safety Standards (49 CFR part head defect such as the VSH defect that 213) to take remedial action (either Transportation, Inc. (CSXT) Train K08014, a loaded unit train transporting would become the POD on February 16, repair or replacement of the rail or 2015. reduction of the maximum authorized Bakken crude oil, traveling eastward at Despite the indications of a defect that train speed over the rail to the specified 33 miles per hour (mph) on the was becoming more significant over level). Had the track owner then taken railroad’s Huntington Division, New time, the rail flaw detection equipment proper remedial action, that action may River Subdivision, experienced an operator did not conduct a visual have prevented the broken rail and the automated emergency brake application ground examination and/or hand test to derailment. in Fayette County, west of Mt. Carbon, meet the 49 CFR 213.113(b) requirement WV, as a result of a derailment. The In response, FRA is issuing this Safety to verify the multiple VSH defect derailment occurred on Class 4 track Advisory No. 2015–05 to remind track indications the test equipment due to a VSH rail defect. See 49 CFR owners (typically railroads), their track identified. Instead, the rail inspection 213.09. Twenty-seven tank cars maintenance personnel, and their rail operator told FRA that he looked out the derailed, and 20 of the derailed tank flaw detection equipment operators of window of his test equipment, decided cars released approximately 362,300 the importance of complying with their a ‘‘dirty rail’’ 1 had caused each gallons of crude oil that immediately rail management programs and indication. ignited. The resulting fire burned for engineering procedures that address rail four days, requiring an evacuation VSH Rail Defect with rail head surface conditions while approximately 1,100 residents within a A VSH rail defect is a progressive performing rail flaw inspections and half-mile of the accident site. One longitudinal fracture in the head of the track inspections generally. This is occupant of a house located adjacent to rail (i.e., the upper part of a rail, used particularly vital on track carrying the accident site reported an injury due for supporting and guiding the wheels passengers and hazardous materials due to smoke inhalation, and a resident of railroad cars), where separation along to the catastrophic consequences that outside the evacuation zone was also an internal seam, segregation, or may result from a derailment. This injured (hypothermia due to a lack of inclusion propagates vertically through Safety Advisory also contains heat from power loss). A small amount the rail head. The formation of a VSH recommendations to track owners to of the crude oil entered the Kanawha defect is found predominantly in ensure their rail flaw detection River. As a precaution, officials closed locations where the train wheel stress equipment operators are properly downstream water treatment intakes at loads are off center on the rail head. trained and exercise due diligence when Montgomery, WV, approximately three Separation progresses longitudinally a rail head surface condition interferes miles west of the accident site. A one- and vertically along the rail length, with a valid rail inspection. half-mile evacuation zone around the typically for some distance before FOR FURTHER INFORMATION CONTACT: derailment site affected approximately Carlo M. Patrick, Staff Director, Rail and turning to the gage or field side of the 1,100 residents rail head and often progresses rapidly Infrastructure Integrity Division, Office of Railroad Safety, FRA, 1200 New Prior Rail Inspections before failure. FRA’s investigation srobinson on DSK5SPTVN1PROD with NOTICES Jersey Avenue SE., Washington, DC As part of its derailment investigation, 1 During the interview of the operator, he used the 20590, telephone (202) 493–6399; or FRA reviewed the rail test data from term ‘‘dirty rail’’. In this context, FRA believes the John Seguin, Trial Attorney, Office of CSXT’s two most recent rail inspections operator was referring to a rail that exhibits a top Chief Counsel, FRA, 1200 New Jersey in the area where the derailment of rail surface condition that could account for the Avenue SE., Washington, DC 20590, inspection equipment response. However, FRA occurred. The two most recent notes that the term can also mean that the rail telephone (202) 493–6045. inspections occurred on December 17, contained an internal metallurgical impurity that is SUPPLEMENTARY INFORMATION: 2014, and January 12, 2015, and were inherent from the manufacturing process. VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1

69274 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices confirmed there was evidence of 213.238(f),2 FRA requires them to be completed the initial training program multiple, centrally located VSH defects specifically trained and have written and operators who have been deemed at the derailment site. authorization from his or her employer qualified operators under paragraph (f). to: (1) Conduct a valid search for FRA determined during its Use of Rail Flaw Detection Equipment internal rail defects that is continuous investigation into the February 16, 2015, The railroad industry primarily uses and completely covers both rails of the derailment that the presence of the rail ultrasonic test equipment to conduct track; (2) determine that the rail head surface condition was not non-destructive testing (NDT) for inspection equipment is operating sufficient to account for the equipment internal rail flaw inspection. As with within manufacturer guidelines and response in its entirety, and that the rail any NDT method, ultrasonic technology settings and performing all its required flaw detection equipment operator functions as designed; and (3) conduct should have inspected further. FRA contains physical limitations that allow the inspection according to established believes that a visual ground certain types of rail head surface track owner and regulatory procedures examination, or hand test, or both, conditions to influence the proper and guidelines, including determining would have identified the presence of transfer of sound into the rail and that all equipment responses are the underlying VSH defect at the time impede detection of rail flaws. The interpreted and attributed to a known of the test on January 12, 2015, at what predominant types of these condition that is not considered a rail would become the POD. mechanically-formed conditions are defect. 49 CFR 213.238. Indeed, it is Recommended Action: In light of the referred to as shells, engine-driver essential that the rail inspection’s test discussion above, and to instill a burns, spalling, flaking, corrugation, and integrity not be influenced by surface heightened sense of vigilance in track head checking. Other conditions that are contamination, rail condition, or owners and their rail inspection encountered are heavy lubrication or environmental conditions that can provider(s), FRA recommends that each debris on the rail head. Indeed, track result in changes to the operational track owner: owners and rail inspection providers should be aware that the NDT system is settings of the test equipment beyond 1. Review with its employees and its rail designed to perform optimally on an allowable tolerances, changes to the inspection provider(s) the circumstances of equipment’s alignment, or diminished the derailment described above and ensure ideal test surface (i.e., no rail head its employees and rail inspection provider(s) surface conditions). Conditions such as equipment responses. Therefore, it is imperative that the track owner or rail carefully scrutinize occurrences of localized extreme cyclical loading can result in areas containing rail head surface conditions head wear and rail head surface inspection provider perform a hand test that may impede detection of an internal rail conditions that affect the integrity of or visual on-ground examination of flaw and result in an invalid inspection; these rail flaw inspections. these suspect conditions to verify 2. Ensure its rail inspection procedures whether a defect is present. contain specific instructions that make clear Any type of surface condition can FRA regulations specify that the rail what its rail inspection provider(s) are impede the transfer of sound from a rail flaw detection equipment operator must responsible for (for example, including inspection transducer into the rail being be trained as specified in FRA identifying and reporting defects and invalid tested and the proper transfer of sound regulations to interpret the test data and searches) and that incentivizes its rail from a reflector in the rail back to the to ‘‘demonstrate proficiency in the rail inspection provider(s) to identify and report transducer. If the rail flaw detection defect detection process . . . .’’ 49 CFR areas where a valid search could not be equipment operator has any doubt or conducted; 213.238(c). Test equipment includes all uncertainty about the integrity of the 3. Ensure that its employees and its rail hand-test instrumentation, recording inspection provider(s) follow the test process because of surface instrumentation, front-end devices requirements of its own engineering conditions, the operator should record (roller search units, skids, induction instructions and ensure that the employees the rail section searched as an invalid search units, cabling, etc.), and and rail inspection provider(s) can identify search for internal defects, and the track detection control center (processing locations that exhibit excessive rail head owner must take appropriate action computer) equipment. wear and rail head surface conditions; under paragraph (h) of 49 CFR 213.237. Under paragraph (a) of 49 CFR 4. Ensure that its rail flaw detection Briefly summarized, paragraph (h) 213.238, each provider of rail flaw equipment operators perform an on-ground requires the track owner to conduct a detection services shall (1) have a examination of any suspect rail defect valid search, reduce operating speed to location in conformance with 49 CFR documented training program in place a maximum of 25 mph until a valid 213.113(b). The operators should verify the and (2) identify the types of rail flaw suspect locations by hand as necessary, using search can be made, or replace the rail detection equipment for which each a hand-held ultrasonic instrument or that had not been inspected. equipment operator it employs has comparable device; General Responsibilities of Rail Flaw received training and is qualified. 5. Ensure that its rail flaw detection Detection Equipment Operators Operators who are deemed a qualified equipment operators have been adequately operator under paragraph (f) remain trained on its procedures, are fully capable of The rail flaw detection equipment subject to paragraph (d), which, in part, performing proficient inspections, and are requires an employer to ‘‘reevaluate the fully capable of determining whether a rail operator must have the knowledge and inspection is valid; experience to proficiently identify the qualifications of, and administer any 6. Continue the research and development types of rail head surface conditions necessary recurrent training for, the of technology that will permit real-time that can result in an improper or invalid operator as determined by and in comparison of the inspection data from the test of the rail section where the accordance with the employer’s most current rail inspection with inspection srobinson on DSK5SPTVN1PROD with NOTICES condition is located. See 49 CFR documented program.’’ This data from the previous rail inspection to 213.237(i). Unless a rail flaw detection requirement for recurrent training enable the operator to identify rail conditions equipment operator has already applies to operators who have that have significantly changed between demonstrated proficiency operating the inspections; 2 The operator of the rail flaw detector equipment 7. Review its current engineering equipment before January 24, 2014, and, instructions to ensure that the procedures are that performed the December 17, 2014, and January therefore, satisfied the qualified 12, 2015 internal rail inspections was deemed a consistent with the industry standard for rail operator requirement under 49 CFR qualified operator under 49 CFR 213.238(f). replacement and repair, particularly in track VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1

Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices 69275 over which passengers or large quantities of and (a)(6); 240.307; 242.403(b), (c), commenter provides, to ethanol, crude oil, or other hazardous (e)(l)–(4), (e)(6)–(11), and (f)(l)–(2); and www.regulations.gov, as described in materials are transported; 242.407. The C3RS pilot project the system of records notice (DOT/ALL– 8. In applying appropriate slow orders, encourages certified operating crew 14 FDMS), which can be reviewed at focus on locations that exhibit rail head surface conditions and rail head wear loss members to report close calls and www.dot.gov/privacy. See also http:// approaching the limits specified in its own protect the employees and the railroad www.regulations.gov/#!privacyNotice engineering instructions until the rail is from discipline or sanctions arising for the privacy notice of regulations.gov. replaced or repaired; and from incidents reported per the C3RS Issued in Washington, DC, on Monday, 9. Aggressively monitor and evaluate its Implementing Memorandum of October 26, 2015. rail inspection provider’s or providers’ Understanding. Ron Hynes, performance through a quality control A copy of the petition, as well as any program. Director, Office of Technical Oversight. written communications concerning the [FR Doc. 2015–28362 Filed 11–6–15; 8:45 am] FRA encourages railroad industry petition, is available for review online at BILLING CODE 4910–06–P members and other track owners to take www.regulations.gov and in person at actions consistent with the preceding the U.S. Department of Transportation’s recommendations and to take other (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION complementary actions to help ensure New Jersey Avenue SE., W12–140, the safety of the Nation’s railroads, its Washington, DC 20590. The Docket Maritime Administration employees, and the general public. FRA Operations Facility is open from 9 a.m. may modify this Safety Advisory No. to 5 p.m., Monday through Friday, U.S. Merchant Marine Academy Board 2015–05, issue additional safety except Federal Holidays. of Visitors Meeting advisories, or take other appropriate Interested parties are invited to participate in these proceedings by AGENCY: Maritime Administration, DOT. actions it deems necessary to ensure the ACTION: Meeting notice. highest level of safety on the Nation’s submitting written views, data, or railroads, including pursuing other comments. FRA does not anticipate SUMMARY: Under the provisions of the corrective measures under its rail safety scheduling a public hearing in Federal Advisory Committee Act of authority. connection with these proceedings since 1972 (5 U.S.C., Appendix, as amended), the facts do not appear to warrant a the Government in Sunshine Act of Issued in Washington, DC, on November 4, hearing. If any interested party desires 2015. 1976 (5 U.S.C. 552b, as amended) and an opportunity for oral comment, they 41 CFR part 102–3.150, the U.S. Robert C. Lauby, should notify FRA, in writing, before Associate Administrator for Railroad Safety Department of Transportation, Maritime the end of the comment period and Administration (MARAD) announces Chief Safety Officer. specify the basis for their request. [FR Doc. 2015–28411 Filed 11–6–15; 8:45 am] that a U.S. Merchant Marine Academy All communications concerning these (‘‘Academy’’) Board of Visitors (BOV) BILLING CODE 4910–06–P proceedings should identify the meeting will take place as follows: appropriate docket number and may be 1. Date: November 20, 2015. submitted by any of the following 2. Time: 10:00 a.m. DEPARTMENT OF TRANSPORTATION methods: 3. Location: U.S. Merchant Marine • Web site: http:// Academy, 300 Steamboat Road, Great Federal Railroad Administration www.regulations.gov. Follow the online Neck, NY 11024. Room to be [Docket Number FRA–2015–0084] instructions for submitting comments. determined. • Fax: 202–493–2251. 4. Purpose of the Meeting: The Petition for Waiver of Compliance • Mail: Docket Operations Facility, purpose of this meeting is to discuss U.S. Department of Transportation, 1200 Academy reaccreditation and the status In accordance with part 211 of Title New Jersey Avenue SE., W12–140, 49 Code of Federal Regulations (CFR), of the five year plan. Washington, DC 20590. 5. Public Access to the Meeting: this document provides the public • Hand Delivery: 1200 New Jersey Pursuant to the Federal Advisory notice that by a document dated July 6, Avenue SE., Room W12–140, 2015, the Southeastern Pennsylvania Committee Act (5 U.S.C. 552b and 41 Washington, DC 20590, between 9 a.m. CFR parts 102–3.140 through 102– Transportation Authority (SEPTA) has and 5 p.m., Monday through Friday, petitioned the Federal Railroad 3.165) and the availability of space, this except Federal Holidays. meeting is open to the public. Seating is Administration (FRA) for a waiver of Communications received by compliance from several provisions of on a first-come basis. Members of the December 24, 2015 will be considered the Federal railroad safety regulations public wishing to attend the meeting by FRA before final action is taken. contained at 49 CFR part 240, will need to show photo identification Comments received after that date will Qualification and Certification of in order to gain access to the meeting be considered as far as practicable. Locomotive Engineers, and Part 242, Anyone is able to search the location. Qualification and Certification of electronic form of any written FOR FURTHER INFORMATION CONTACT: The Conductors. FRA assigned the petition communications and comments BOV’s Designated Federal Officer or Docket Number FRA–2015–0084. The received into any of our dockets by the Brian Blower at (202) 366–2765 or via relief is contingent on SEPTA’s name of the individual submitting the email at Brian.Blower@dot.gov. implementation of and participation in comment (or signing the document, if SUPPLEMENTARY INFORMATION: Any srobinson on DSK5SPTVN1PROD with NOTICES the Confidential Close Call Reporting submitted on behalf of an association, member of the public is permitted to file System (C3RS) pilot project. business, labor union, etc.). In a written statement with the Academy SEPTA seeks to shield reporting accordance with 5 U.S.C. 553(c), DOT BOV. Written statements should be sent employees and the railroad from solicits comments from the public to to the Designated Federal Officer at: mandatory punitive sanctions that better inform its processes. DOT posts Brian Blower; 1200 New Jersey Ave. SE., would otherwise arise as provided in 49 these comments, without edit, including W28–313, Washington, DC 20590 or via CFR 240.117(e)(1)–(4); 240.305(a)(l)–(4) any personal information the email at Brian.Blower@Dot.gov. (Please VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1


Document Created: 2015-12-14 15:05:13
Document Modified: 2015-12-14 15:05:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of safety advisory.
ContactCarlo M. Patrick, Staff Director, Rail and Infrastructure Integrity Division, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493- 6399; or John Seguin, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493- 6045.
FR Citation80 FR 69272 
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