Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation R-95-011
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 RSPA: REQUIRE, IN COOPERATION WITH THE FRA, 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 AND COATINGS, AND REQUIRE THAT THIS INFO BE PROVIDED TO PARTIES RESPONSIBLE FOR THE INSPECTION AND 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: RSPA (Closed - Acceptable Action)
Keyword(s): Hazmat

Safety Recommendation History
From: NTSB
To: RSPA
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 OF A LINING OR COATING TO PROVIDE THE PERIODIC INSPECTION INTERVAL, TEST TECHNIQUE, & ACCEPTANCE CRITERIA FOR THE LINING OR COATING TO THE PERSON RESPONSIBLE FOR QUALIFYING THE LINING OR COATING. THIS ACTION SATISFIES THE CONCERNS EXPRESSED IN OUR LETTER OF 1/26/96, THE FRA ABOUT THE LACK OF CLARITY WITH RESPECT TO THE OWNER OF A LINING OR COATING PROVIDING THE INSPECTION INTERVAL & INSPECTION TECHNIQUE TO THE PARTY INSPECTING & TESTING THE LINING OR COATING. THEREFORE, R-95-11 IS CLASSIFIED "CLOSED--ACCEPTABLE ACTION."

From: RSPA
To: NTSB
Date: 10/7/1996
Response: R-95-11 WAS INITIALLY ADDRESSED UNDER DOCKET HM-201 IN SECTION 180.509 (C) (3) (III) (B) . IT REQUIRED THAT THE SUPPORTING DOCUMENTATION USE TO MAKE THE INSPECTIOIN & TEST INTERVAL & TEST TECHNIQUE DETERMINATIONS BE MADE AVAILABLE TO THE FRA UPON REQUEST. TO BE FULLY RESPONSIVE TO RECOMMENDATION R-95-11, THIS SECTION HAS BEEN AMENDED IN THE HM-175A/201 CORRECTIONS DOCUMENT PUBLISHED 7/26/96. THE AMENDMENT REQUIRES THAT "...THE OWNER OF THE LINING OR COATING SHALL PROVIDE THE PERIODIC INSPECTION INTERVAL, TEST TECHNIQUE, & ACCEPTACE CRITERIA FOR THE LINING OR COATING TO THE PERSON RESPONSIBLE FOR QUALIFYING THE LINING OR COATING."

From: NTSB
To: RSPA
Date: 9/18/1995
Response: R-95-11 URGED THE RSPA TO REQUIRE, IN COOPERATION WITH THE FRA, THAT THE SHIPPER OR PARTY USING A TANK CAR TO TRANSPORT MATERIALS CORROSIVE TO THE TANK DETERMINE THE PERIODIC INSPECTION INTERVAL & TEST TECHNIQUES FOR LININGS & COATINGS, & REQUIRE THAT THIS INFO BE PROVIDED TO PARTIES RESPONSIBLE FOR THE INSPECTION & TESTING OF TANK CARS. WE NOTE THAT RSPA AGREES WITH THE RECOMMENDATION & IS CONSIDERING APPROPRIATE ADJUSTMENTS IN THE FINAL RULE UNDER DOCKET HM-201. PENDING PUBLICATION OF THE FINAL RULE, R-95-11 REMAINS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: RSPA
To: NTSB
Date: 8/10/1995
Response: NTSB EXPRESSED CONCERN THAT THE NOTICE OF PROPOSED RULEMAKING UNDER HM-201, WHICH WAS INITIATED IN 1993 & ADDRESSES R-95-11, ASSIGNED RESPONSIBILITY FOR PERFORMING THESE FUNCTIONS TO THE TANK CAR OWNER RATHER THAN THE SHIPPER. RSPA AGREES WITH THE NTSB THAT THE SHIPPER OR PARTY WHO LEASES THE TANK CAR IS THE PARTY WITH OPERATIONAL CONTROL OF THE TANK CAR & IS CONSIDERING APPROPRIATE ADJUSTMENTS IN THE FINAL RULE. ACCORDINGLY, RSPA REQUESTS THAT R-95-11 CONTINUE TO BE CLASSIFIED AS "OPEN--ACCEPTABLE ACTION [RESPONSE]" PENDING PUBLISHING OF THE FINAL RULE LATER THIS YEAR.

From: NTSB
To: RSPA
Date: 6/20/1995
Response: THE BOARD NOTES THAT RSPA , IN COOPERATION WITH THE FRA, PUBLISHED A NOTICE OF PROPOSED RULEMAKING UNDER DOCKET HM-210 ON 9/16/93, THAT WOULD REQUIRE EACH OWNER OF A TANK CAR EQUIPPED WITH A LINING OR COATING TO DETERMINE THE PERIODIC INSPECITON INTERVAL & TESTING TECHNIQUE FOR THE LINING OR COATING. AS NOTED IN BOARD'S ACCIDENT REPORT & THE RECOMMENDATION LETTERS TO BOTH THE FRA & RSPA, UNION TANK CAR OMPANY (UNION), THE OWNER OF THE TANK CAR INVOLVED IN THE CHATTANOOGA ACCIDENT, CONSIDERED THE SELECTION, EVALUATION, & 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. THE BOARD ENCOURAGES 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-95-11 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: RSPA
To: NTSB
Date: 4/18/1995
Response: ON 9/16/95, THE RSPA, IN COOPERATION WTH THE FRA, ISSUED A NOTICCE OF PROPOSED RULEMAKING UNDER DOCKET HM-201 ENTITLED, "DITECTION & REPAIR OF CRACKS, PITS, CORROSION, LINING FLAWS, THERMAL PROTECTION FLAWS, & OTHER DEFECTS OF TANK CARS," WHICH ADDRESSES THE TANK CAR LINING & COATING REQUIREMENTS IDENTIFIED IN RECOMMENDATION R-95-11. SECTION 180.509 (C)(3)(A) REQUIRES EACH OWNER OF A TANK CAR EQUIPPED WITH A LINING OR COATING TO DETERMINE THE PERIODIC INSPECTION INTERVAL & TEST TECHNIQUES FOR THE LINING OR COATING. IT ALSO REQUIRES THAT ALL SUPPORTING DOCUMENTATION, SUCH AS THE LINING OR COATING MANUFACTURER'S RECOMMENDED INSPECTION INTERVAL & TEST TECHNIQUES, MUST BE MAINTAINED AT THE OWNER'S PRINCIPAL PLACE OF BUSINESS. THE FINAL RULE IS PLANNED FROM PUBLICATION IN THE FALL OF THIS YEAR.