Search

NTSB Asks for Input on Rail Incident Investigations

Posted on 9/15/2023 by Nick Waldron

The National Transportation Safety Board (NTSB) is one of many agencies (i.e., PHMSA, FRA, CSB, etc.) that investigates transportation incidents involving hazardous materials. NTSB does not enact or enforce shipping or transportation regulationsbut make recommendations for safety and process improvements based on the findings of investigations. 

NTSB’s authority is not limited to hazmat incidents. Regarding rail incidents, 49 CFR 831 authorizes the agency to investigate “railroad accidents, collisions, crashes, derailments, explosions, incidents, and releases in which involve a fatality, substantial property damage, or a passenger train.”

The regulation does not define "substantial property damage," however.

Does NTSB Need a Definition for “Substantial Property Damage”?

NTSB wants to know if they should define this term and what factors should be considered. An example of an existing similar definition is the Federal Transit Administration’s definition of “substantial damage”:

"Damage to transit or non-transit property including vehicles, facilities, equipment, rolling stock, or infrastructure that disrupts the operations of the rail transit agency and adversely affects the structural strength, performance, or operating characteristics of the property, requiring rowing, rescue, on-site maintenance, or immediate removal prior to safe operation.”
NTSB Asks for Input on Rail Incident Investigations

A monetary threshold for substantial property damages is also in consideration. If a dollar amount is assigned, NTSB will consider raising that figure annually with inflation.

The Board believes the FRA’s threshold of $11,300 would be too low of a value. This makes sense—rail incidents investigated by NTSB over the last decade that did not involve a fatality or passenger train had an average estimated damage value over $4 million.

The lowest of these values is approximately $526,000 and one of the highest is a 2013 derailment and hazardous materials release that resulted in $13.5 million in damages—not including the cost of cargo and environmental remediation.

To Submit Comments: Email the Board

“You may send comments, identified by Docket Number (No.) NTSB–2023–0007[.]” – 88 FR 60164

In-person RCRA and Hazmat Training

Join a Lion instructor for expert-led, in-person training to manage hazardous waste and ship hazardous materials in compliance with Federal and international requirements.

RCRA Hazardous Waste Management
Hazmat Ground Shipper Certification (DOT)
Hazmat Air Shipper Certification (IATA)
Hazmat Vessel Shipper Certification (IMDG)

Find a Post

Compliance Archives

Lion - Quotes

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

Download Our Latest Whitepaper

Knowing why TSDFs reject loads of hazardous waste—and the exact steps to follow if it happens—can reduce your anxiety and uncertainty about rejection.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.