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Safety Recommendation Details

Safety Recommendation R-95-010
Details
Synopsis: ON 6/6/94, A CONDUCTOR FOR THE NORFOLK SOUTHERN RAILWAY COMPANY DETECTED PRODUCT LEAKING FROM THE BOTTOM OF TANK CAR UTLX 79211 IN THE NORFOLK SOUTHERN HARRY DEBUTTS YARD IN CHATTANOOGA, TENNESSEE. THE TANK CAR CONTAINED 12,184 GALLONS OF A 75-PERCENT CONCENTRATION OF ARSENIC ACID, WHICH IS CLASSIFIED AS A POISONOUS MATERIAL & ALSO DESIGNATED AS A MARINE POLLUTANT UNDER THE DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS REGULATIONS.
Recommendation: THE NTSB RECOMMENDS THAT THE FRA: REQUIRE, IN COOPRATION WITH THE RSPA, THAT THE SHIPPER OR PARTY USING A TANK CAR TO TRANSPORT MATERIALS CORROSIVE TO THE TANK DETERMINE THE PERIODIC INSPECTION INTERVAL & TESTING TECHNIQUE FOR LININGS & COATINGS, & REQUIRE THAT THIS INFO BE PROVIDED TO PARTIES RESPONSIBLE FOR THE INSPECTION & TESTING OF TANK CARS.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Railroad
Location: Chattanooga, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA94SZ011
Accident Reports: ‚ÄčTank Car Failure and Release of Arsenic Acid
Report #: HZM-95-01
Accident Date: 6/6/1994
Issue Date: 3/2/1995
Date Closed: 2/10/1997
Addressee(s) and Addressee Status: FRA (Closed - Acceptable Action)
Keyword(s): Hazmat

Safety Recommendation History
From: NTSB
To: FRA
Date: 2/10/1997
Response: THE BOARD NOTES THAT RSPA, WITH THE COOPERATION OF THE FRA, PUBLISHED ON 6/26/96, A CORRECTION DOCUMENT UNDER DOCKETS HM-175A & HM-201, THAT REQUIRES THE OWNER A LINING OR COATING TO PROVIDE THE PERIODIC INSPECTION INTERVAL, TEST TECHNIQUE, ACCEPTANCE CRITERIA FOR THE LINING OR COATING TO THER PERSON RESPONSIBLE FOR QUALIFYING THE LINING OR COATING. THIS ACTIOIN SATISFIES THE CONCERNS EXPRESSED IN OUR LETTER OF 1/26/96, ABOUT THE LACK OF CLARITY WITH RESPECT TO THE OWNER OF A LINING OR COATING COATING PROVIDING THE INSPECTION INTERVAL & INSPECTION TECHNIQUE TO THE PARTY INSPECTING & TESTING THE LINING OR COATING. THEREFORE, R-95-10 IS CLASSIFIED "CLOSED--ACCEPTABLE ACTION."

From: FRA
To: NTSB
Date: 9/20/1996
Response: ON 9/21/95, & 6/5/96, THE RESEARCH & SPECIAL PROGRAM ADMINISTRATION, IN COOPERATION WITH THE FRA, PUBLISHED THREE FINAL RULES THAT WILL GREATLY ENHANCE THE SAFE TRANSPORTATION OF HAZARDOUS MATERIALS IN TANK CARS BY RAILROAD. THESE FINAL RULES WERE BASED ON SEVERAL RECOMMENDATIONS ISSUED BY THE NTSB, PETITTIONS FOR RULEMAKING, & RSPA & FRA'S OWN INITIATIVE. ON 6/26/96, RSPA PUBLISHED A CORRECTION DOCUMENT TO THE SEPTEMBER 21 FINAL RULE. RSPA PUBLISHED A FINAL RULE ON 9/21/95, THAT REQUIRED THE OWNER OF A LINING OR COATING TO DETERMINE THE INSPECTION INTERVAL & TEST TECHNIQUE FOR THE LINING OR COATING; HOWEVER, AS POINTED OUT IN YOUR LETTER 1/23//96, THE REGULATION LACKING CLARITY WITH RESPECT TO PROVIDING THE INSPECTION INTERVAL & INSPECTION TECHNIQUE TO THE PARTY RESPONSIBLE FOR INSPECTING & TESTING THE LINING OR COATING. ON 6/26/26 RSPA PUBLISHED A CORRECTION DOCUMENT, UNDER DOCKETS HM-175A & HM-201, THAT REQUIRES THE OWER OF A LINING OR COATING TO PROVIDE THE PRIODIC INSPECTION INTERVAL, TEST TECHNIQUE, & ACCEPTANCE CRITERIA FOR THE LINING OR COATING TO THE PERSON RESPONSIBLE FOR QUALIFYING THE LINING OR COATING (SEE 61 FR 33250, 33256).

From: NTSB
To: FRA
Date: 1/23/1996
Response: THE BOARD NOTES THAT THE REGULATIONS ISSUED ON SEPTEMBER 21 REQUIRE THE OWNER OF THE LINING OR COATING IN A TANK (TYPICALLY THE SHIPPER OR LESSEE) TO DETERMINE THE PERIODIC INSPECTION INTERVAL & TESTING TECHNIQUES FOR THE LINING OR COATING. THE INSPECTION INTERVAL CANNOT EXCEED 10 YEARS. THE REGULATIONS ALSO REQUIRE THAT THE OWNER OF THE LINING OR COATING MAINTAIN ALL SUPPORTING DOCUMENTATION. THESE NEW REGULATIONS SATISFACTORILY ADDRESS THE FIRST PART OF THE RECOMMENDATION. HOWEVER, THE NEWLY ISSUED REGULATIONS DO NOT ADDRESS WHETHER OR HOW THIS INFO WILL BE PROVIDED TO THE PARTIES ACTUALLY PERFORMING THE INSPECTION OF THE LINING OR COATING. THE PROVISIONS OF 49 CFR 180.509(C)(III) ONLY STIPULATE THAT THIS INFO BE MADE AVAILABLE TO THE FRA UPON REQUEST. THE BOARD BOARD BELIEVES THAT SECTION 180,509(C)(III) NEEDS TO STATE CLEARLY THAT THE INFO ABOUT THE INSPECTION & TESTING OF THE LINING OR COATINGS MUST BE PROVIDED TO THE PARTY PERFORMING THE INSPECTION & TEST. PENDING YOUR RESPONSE, R-95-10 "OPEN--ACCEPTABLE RESPONSE."

From: FRA
To: NTSB
Date: 10/11/1995
Response: ON 9/21/96 THE RSPA, IN COOPERATION WITH THE FRA ISSUED TWO RULES THAT WILL GREATLY ENHANCE THE SAFE TRANSPORTATION OF HAZARDOUS MATERIALS IN TANK CARS BY RAILROAD. THE SEPTEMBER 21 FINAL RULE REQUIRES THE OWNER OF A TANK CAR LINING OR COATING. THE SUPPORTING DOCUMENTATION USED TO MAKE TO THE INSPECTION & TEST INTERVAL & TESTING TECHNIQUE DETERMINATIONS MUST BE MADE AVAILABLE TO THE FRA. [SEE SECTION 180.509 (C) (III).

From: NTSB
To: FRA
Date: 6/23/1995
Response: THE BOARD NOTES THAT RSPA, IN COOPERATION WITH FRA, PUBLISHED A NOTICE OF PROPOSED RULEMAKING UNDER DOCKET HM-201 ON 9/16/93, THAT WOULD REQUIRE EACH OWNER OF A TANK CAR EQUIPPED WITH A LINING OR COATING TO DETERMINE THE PERIODIC INSPECTION INTERVAL & TESTING TECHNIQUES FOR THE LINING OR COATING. AS NOTED IN THE BOARD'S ACCIDENT REPORT & THE RECOMMENDATION LETTERS TO BOTH THE FRA & RSPA, UNION TANK CAR COMPANY, (UNION) THE OWNER OF THE TANK CAR INVOLVED IN THE CHATTANOOGA ACCIDENT, CONSIDERED THE SELECTION, EVALUTION, & MAINTENANCE OF THE COATING OR LINING TO BE THE RESPONSIBILITY OF THE TANK CAR LESSEE, WHO USUALLY IS THE PARTY WITH OPERATIONAL CONTROL OF THE TANK CAR. MANY TANK CAR OWNERS, INCLUDING UNION, CONSIDER THE LESSEE TO BE THE OWNER OF THE LINING OR COATING. THE ACCIDENT REPORT & RECOMMENDATION LETTERS ALSO NOTE THAT THE FRA CONSIDERS THE SELECTION, EVALUATION, & MAINTENANCE OF THE LINING OR COATING TO BE THE RESPONSIBILITY OF THE SHIPPER, WHO OFTEN HAS OPERATIONAL CONTROL OF THE TANK CAR. BECAUSE THE SHIPPER OR THE PARTY WITH OPERATIONAL CONTROL OF THE TANK CAR IS MOST KNOWLEDGEABLE ABOUT THE PHYSICAL & CHEMICAL PROPERTIES OF THE COMMODITY, THE SHIPPER OR PARTY WITH OPERATIONAL CONTROL, WHO OFTEN IS NOT THE TANK CAR OWNER, SHOULD DETERMINE THE INSPECTION INTERVALS & TECHNIQUES. THE PROPOSAL UNDER HM-201 TO ESTABLISH PERIODIC TESTING & INSPECTION REQUIREMENTS FOR LINED & COATED TANK CARS WILL ENHANCE TANK CAR SAFETY. THE BOARD ENCOURGES RSPA & THE FRA TO PLACE THIS RESPONSIBILITY WITH THE SHIPPER OR PARTY WITH OPERATIONAL CONTROL OF THE TANK CAR, RATHER THAN THE TANK CAR OWNER, & TO INCORPORATE THIS REQUIREMENT IN THE FINAL RULES TO BE PUBLISHED UNDER DOCKET HM-201. PENDING YOUR RESPONSE, R-95-10 IS CLASSIFIED "OPEN-ACCEPTED RESPONSE."

From: FRA
To: NTSB
Date: 4/14/1995
Response: FRA AGREES WITH THE RECOMMENDATION, WHICH SUPPORTED THE EFFORTS OF THE FRA & THE RESEARCH & SPECIAL PROGRAM ADMINISTRATION'S PROPOSED STANDARDS UNDER DOCKET HM-201, THAT WOULD REQUIRE THE OWNER OF A LINED OR COATED TANK CAR TRANSPORTING A MATERIAL CORROSIVE TO THE TANK TO DETERMINE THE PERIODIC INSPECTION & TEST INTERVAL & TESTING TECHNIQUE FOR THE MATERIAL USED. THIS RULEMAKING HAS HIGH PRIORITY, & PUBLICATION OF THE FINAL RULE IS DUE BY JUNE 1995.