OCTOBER 2005
Transportation
Federal Railroad Administration Urges Shippers
to Increase Vigilance Over Railroad Transportation
of Hazardous Materials
A recent railroad tank car emergency in Cincinnati
has prompted the Federal Railroad Administration
(“FRA”) to issue a Safety Advisory urging railroads,
shippers and consignees to increase their efforts to
monitor time-sensitive shipments of hazardous materials. Although the Safety Advisory contains only
recommendations and does not have the binding
effect of an agency rule or emergency order, FRA
plans to monitor railroad, shipper and consignee
efforts to ensure the safety and timely delivery of
railroad hazmat shipments.
On August 28, 2005, emergency responders in
Cincinnati were called to a smoking tank car in a rail
yard operated by the Indiana and Ohio Railway
Company (“IORC”). The car contained over 23,000
gallons of styrene monomer (a flammable liquid) and
had spent seven months in two IORC rail yards
before the incident. The likely cause of the incident
was the reaction of the styrene (polymerization) after
a chemical added to styrene to prevent the reaction
during transport stopped working. The FRA has
found no records indicating that IORC ever attempted to contact the consignee in order to arrange for
delivery. As a result of the incident, approximately
800 residents within a one mile radius of the yard
were evacuated, four nearby schools were closed, and
barge traffic on the Ohio River was halted for a short
time.
The Safety Advisory sets forth three specific recommendations:
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The FRA strongly encourages all railroads to
develop procedures that conform to Association
of American Railroads (“AAR”) Circular
OT-55-H, “Recommended Railroad Operating
Practices for Transportation of Hazardous
Materials,” which among other things sets 20day and 30-day transit time limits for rail shipments of prescribed hazardous materials.
■
The FRA recommends that “shippers and consignees monitor the progress of time-sensitive
materials that they have shipped and ordered.”
Shippers of hazardous materials should notify
the consignee of the anticipated arrival deadline
and the shipper and/or the consignee should contact the railroad as the due date approaches to
get a status report. The FRA notes that the
installation of automated car monitoring equipment may be warranted for shippers or consignees with high traffic volumes. The FRA is
not presently mandating any particular actions,
but plans to evaluate shipper/consignee activity
and “determine the need for any future regulatory or other agency action.”
■
The FRA recommends that shippers and consignees work with railroads to explore ways to
reduce the risks inherent in the shipment of the
full range of time-sensitive hazardous materials,
including chemicals shipped with stabilizers or
reaction inhibitors. FRA says it will be “monitoring hazardous material movements to ensure
that those who offer for transportation or transport such chemicals in commerce work together
to minimize the safety risks associated with the
movement of time-sensitive materials.”
Kirkpatrick & Lockhart Nicholson Graham
LLP
FRA’s clear message is that railroads have the primary responsibility to monitor the movement of hazardous material shipments, but extra vigilance by
shippers and consignees will provide an added layer
of safety. As a result of the IORC incident and the
recent public focus on the routing of rail hazardous
materials shipments, we believe the FRA will continue to broaden the responsibility for monitoring the
safety of such shipments. The FRA action also is a
further indication that the regulation of hazardous
materials transportation has become a priority
enforcement issue for various federal agencies.1
1
Kevin M. Sheys
ksheys@klng.com
202.778.9290
Edward J. Fishman
efishman@klng.com
202.778.9459
Brendon P. Fowler
bfowler@klng.com
202.778.9237
See, e.g., K&L Homeland Security Bulletin, “Homeland Security Expands To Regulation of the Manufacture, Use, Transportation
and Disposal of Hazardous Substances and Materials, Including Chemical and Biological Agents,” by Barry M. Hartman,
Christopher E. Dominguez and Marsha A. Sajer (April 2003).
FOR FURTHER INFORMATION, please consult one of the lawyers listed below:
Boston
Harrisburg
Pittsburgh
Washington
Jeffrey S. King
Carleton O. Strouss
Theodore A. McConnell
Kevin M. Sheys
Edward J. Fishman
Janie C. I. Sheng
Brendon P. Fowler
Barry M. Hartman
617.261.3179
717.231.4503
412.355.6566
202.778.9290
202.778.9456
202.778.9855
202.778.9237
202.778.9338
jking@klng.com
cstrouss@klng.com
tmcconnell@klng.com
ksheys@klng.com
efishman@klng.com
jsheng@klng.com
bfowler@klng.com
bhartman@klng.com
www.klng.com
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