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

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

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

Barry Cook

Hazmat Shipping Professional

The instructor made the class very enjoyable and catered to the needs of our group.

Sarah Baker

Planner

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

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

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

Barry Cook

Hazmat Shipping Professional

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

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.