[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19518-19519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8232]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Safety Advisory 2011-01

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of Safety Advisory; equipment fouling adjacent tracks.

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SUMMARY: FRA is issuing Safety Advisory 2011-01 to remind each railroad 
and railroad employees of the importance of compliance with Federal 
regulations and railroad operating rules regarding rolling equipment 
being left in a location that is clear of any adjacent tracks. This 
safety advisory contains various recommendations to railroads to ensure 
that this issue is addressed by appropriate policies and procedures, 
and receives employee compliance.

FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety 
Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, telephone (202) 493-6404; or 
Joseph St. Peter, Trial Attorney, Office of Chief Counsel, FRA, 1200 
New Jersey Avenue, SE., Washington, DC 20590, telephone (202) 493-6047.

SUPPLEMENTARY INFORMATION: The overall safety of railroad operations in 
the area of equipment securement and protection has improved in recent 
years. However, two recent fatal incidents highlight the need to review 
and adhere to existing Federal regulations and railroad operating rules 
pertaining to rolling equipment being left in a location that is clear 
of any adjacent tracks.
    On May 18, 2005, the Railroad Safety Advisory Committee (RSAC) 
authorized the RSAC Operating Rules Working Group to address eight 
human factors (HF) train accident report cause codes that were 
attributed to nearly half (47 percent) of all HF-caused train accidents 
nationwide. On February 13, 2008, FRA published a final rule addressing 
those HF causes, which was codified at Title 49 Code of Federal 
Regulations (CFR) Part 218, Subpart F (Subpart F). Two of those eight 
HF cause codes, H301 and H302, were designated for rolling equipment 
left out to foul. From 2005 to 2010, HF-caused train accidents, 
attributed to these two cause codes, were reduced by 66 percent. 
Unfortunately, despite that overall improvement, the rail industry 
experienced two recent railroad employee fatalities that appear to have 
been related to equipment being left in a location where it fouled an 
adjacent track.

Recent Incidents

    The following is a discussion of the circumstances surrounding two 
recent fatal incidents, and is based only on FRA's preliminary 
investigations. The incidents are still under investigation by FRA. The 
causes and contributing factors, if any, have not yet been established. 
Therefore, nothing in this safety advisory is intended to attribute a 
cause to the incidents or place

[[Page 19519]]

responsibility for the incidents on the acts or omissions of any person 
or entity.
    Two railroad employees, while each riding the side of rolling 
equipment to protect a shoving movement, were fatally injured (in 
separate incidents) when the equipment they were riding struck other 
equipment that was left out to foul. A common factor in both accidents 
was that the equipment was left in a location where it fouled an 
adjacent track by the very employees who were involved in the 
incidents.
    The first incident occurred on September 2, 2010, in Bridgeport, 
New Jersey, when a conventional two-person switching crew was shoving 
rolling equipment into an industrial facility. The locomotive engineer 
was in the locomotive control compartment and the conductor was 
positioned on the leading end of a tank car directing the shoving move. 
The conductor had one foot on the end platform and the other on the 
side ladder tread as he began to pass a tank car that he had spotted at 
that location the previous day. Unfortunately, the car had been left in 
the foul of the adjacent track and the cars struck each other; the 
conductor sustained fatal injuries.
    The second incident occurred on February 8, 2011, in Kankakee, 
Illinois. A conventional switching crew that consisted of a conductor, 
engineer, and a conductor-in-training was switching cars on a switching 
lead track and using various other yard tracks. The crew had left a car 
on one of the yard tracks in a location where it was in the foul of an 
adjacent track. Shortly thereafter, the conductor and conductor-in-
training boarded opposite sides of the leading end of a gondola car and 
began a shoving movement. Subsequently, the side of the gondola on 
which the conductor was riding struck the car that was previously left 
in the foul of the adjacent track. The conductor was crushed between 
the two cars and sustained fatal injuries.
    Although the preponderance of incidents involving equipment that is 
left in the foul of an adjacent track fortunately only result in 
railroad property damage, the potential for injury or death in such 
instances is always present. By issuing this safety advisory, FRA is 
reminding all stakeholders of the importance of situational awareness 
and compliance with all applicable operating and safety rules, 
particularly those related to leaving rolling equipment in a location 
that is clear of adjacent tracks.
    FRA Action: Despite the significant reduction in train accidents 
caused by equipment being left in the foul of an adjacent track, a 
review of FRA's inspection data relative to 49 CFR 218.101 indicates a 
disturbing trend. From calendar year (CY) 2009 to CY 2010, violations 
of 49 CFR 218.101 recommended for prosecution by FRA inspectors 
increased 124 percent. Based on the results of inspection data for the 
first 2 months of 2011, if trends continue, violations recommended for 
prosecution in 2011 versus 2010 would increase by an additional 81 
percent. Whether the increase in violations is due to greater vigilance 
by FRA or is due to an actual increase in the number of instances where 
equipment is being left in such locations, FRA intends to ensure that 
railroads take necessary steps to prevent and reduce the potential 
trend indicated by the statistics noted above.
    Over the next several months, FRA intends to increase its 
inspection activity to focus on compliance with railroad operating 
rules that address all of the requirements contained in Subpart F. 
Particular emphasis will be placed on the requirements contained in 49 
CFR 218.101. FRA will also focus its inspection efforts on railroad 
operational testing activity, particularly as it relates to Subpart F. 
FRA strongly encourages railroad industry members to reemphasize the 
importance of leaving equipment in the clear as frequently as possible, 
and to take such other actions as may help ensure safety on the 
Nation's railroads.
    Recommended Railroad Action: In light of the recent accidents 
discussed above, and in an effort to maintain the safety of railroad 
employees on the Nation's rail system, FRA recommends that railroads:
    (1) Review with employees the circumstances of the two most recent 
fatal incidents;
    (2) Reinstruct supervisors and employees on the operating and 
safety rules applicable to leaving rolling equipment in a location that 
is clear of adjacent tracks. Particular emphasis should be placed on 
the procedures that enable employees to identify clearance points and 
the means to identify locations where clearance points will not permit 
a person to safely ride on the side of a car;
    (3) Increase operational testing on those operating and safety 
rules that pertain to leaving rolling equipment in a location that is 
clear of adjacent tracks; and
    (4) Review current job briefing procedures among coworkers and 
determine if the procedures are sufficient to encourage more effective 
communication regarding switching activities, specifically as the 
procedures relate to the positioning of rolling equipment so that the 
equipment is in a location that is clear of adjacent tracks.
    FRA encourages railroad industry members to take action that is 
consistent with the preceding recommendations and to take other actions 
to help ensure the safety of the Nation's railroad employees. FRA may 
modify this Safety Advisory 2011-01, issue additional safety 
advisories, or take other appropriate action necessary to ensure the 
highest level of safety on the Nation's railroads, including pursing 
other corrective measures under its rail safety authority.

    Issued in Washington, DC, on April 1, 2011.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2011-8232 Filed 4-6-11; 8:45 am]
BILLING CODE 4910-06-P