The U.S. government and the railroad industry are working together to address safety concerns that came to light following the derailment of a 74-car freight train carrying crude oil in Lac-Mégantic, Quebec, in July 2013.  The subsequent explosion and fire killed 47 people and destroyed 30 buildings. 
The main government-industry development of late is an agreement between the Association of American Railroads (AAR) and the Department of Transportation (DOT) on certain safety commitments to be taken by AAR members (called subscribers). 

DOT’s Federal Railroad Administration (FRA) also announced that it will propose a rule mandating two-person train crews on trains transporting crude oil.  In addition, the Railroad Safety Advisory Committee (RSAC) has recommended that DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) begin rulemaking to mitigate related risks within PHMSA’s purview.

DOT-AAR

The AAR has agreed with the DOT to require that its subscribers comply with eight provisions.  These include applying industry-developed protocols to existing federal route analysis requirements affecting the movement of trains transporting 20 or more cars loaded with petroleum crude oil; adhering to a 40-mph speed restriction for any key crude oil train traveling within the limits of any high-threat urban area; equipping all key crude oil trains with either distributed power locomotives or an operative two-way telemetry end-of-track device; performing at least one internal rail inspection per year in addition to inspections required annually by federal regulations; and installing wayside defective-bearing detectors at least every 40 miles along mainline routes used by key crude oil trains.

FRA proposal

According to the FRA, its upcoming proposal would require two-person train crews on crude oil trains and establish minimum crew-size standards for most mainline freight and passenger rail operations.  While existing FRA regulations do not mandate minimum crew staffing requirements, current industry practice is to have two-person crews for over-the-road operations. 

The FRA says it expects to include appropriate exceptions in its proposal.  An additional proposal would prohibit certain unattended freight trains or standing freight cars on main tracks or sidings and require railroads to adopt and implement procedures to verify securement of trains and unattended equipment for emergency responders.  It would also require locomotive cabs to be locked and reversers to be removed and secured.  Further, railroads would be required to obtain advance approval from the FRA for locations or circumstances where unattended cars or equipment may be left.

Recommendations to PHMSA

The RSAC formed at DOT’s request after the Lac-Mégantic disaster has recommended that the PHMSA amend or revise the definitions of residue and key train and clarify its regulatory jurisdiction over the loading, unloading, and storage of hazmats before and during transportation. (Under PHMSA’s current definition, a key train is one that carries specific hazmats; however, crude oil is not included among them.)  The PHMSA continues to advance a rulemaking addressing the integrity of DOT Specification 111 tanker cars and the safe shipment by rail of flammable materials such as crude oil.  DOT-111s are nonpressure tank cars designed to carry a wide range of products, including hazardous and nonhazardous materials.

DOT-AAR agreement