October 19, 2016: (EO) Emergency Restriction/Prohibition Order Issued

The Federal Aviation Administration issued an emergency order on October 14, 2016 regarding Samsung Galaxy Note 7 devices. The emergency order prohibits these devices from being transported in carry-on bags, checked baggage, or as cargo. Passengers who inadvertently bring them on board an aircraft are instructed to immediately power the device off and will not be permitted to use or charge them while aboard the aircraft. In addition, the devices are not to be stored in the overhead compartments, seat back pockets, or in any carry-on luggage. Instead, passengers are to keep them on their person for the duration of the flight. This emergency order is effective as of October 15, 2016.

Docket No. FAA–2016–9288

September 28, 2016: (EO) Hazardous Materials: Emergency Restriction/Prohibition Order

The Federal Aviation Administration issued an emergency restriction/prohibition order, effective September 16, 2016,  to Braille Battery Inc. The order states that Braille Battery is prohibited from offering transportation or transporting any lithium ion battery that does not meet compliance standards listed in the HMR or ICAO technical instructions.

The order also requires Braille Battery to make the complete test records on each lithium ion battery they manufacture available to the public.
Third party vendors are to be notified by Braille that they should not transport via air any lithium ion battery until Braille Battery confirms that the design type has been proven to meet the criteria in the UN Manual of Tests and Criteria.

Docket No. FAA–2016–9156

September 16, 2014: (EO) Hazardous Materials: Emergency Restriction/Prohibition Order

The Federal Motor Carrier Safety Administration (FMCSA) has issued an Emergency Restriction/Prohibition and Out-of-Order CA-2014-9002-EMRG which prohibits the filling, offering, transportation and welded repair of cargo tank vehichles by National Distribution Services, Inc., TankServices LLC and Carl Johansson. Furthermore, these parties are also prohibited from conducting inspections and/or testing of any cargo tank or cargo tank motor vehicle unless the inspections or testing are conducted by a Registered Inspector. This Emergency Restriction/Prohibition Order has been in effect since August 14, 2014.
To read the complete Emergency Order please visit Federal Register / Vol. 79, No. 179

May 7, 2014: (EO) DOT Issued Emergency Order for Transportation of Bakken Crude Oil

The U.S. Department of Transportation has issued an Emergency Order that will require all railroads that are operating trains containing more than 1,000,000 gallons, roughly 35 tank cars, of Bakken crude oil to provide the State Emergency Response Commissions notification about the movement of those trains through counties in that state. The SERC notification must include the estimated amount of crude oil, the route that the oil will be transported and the anticipated train traffic. Furthermore, the SERC is to be given the contact information for one responsible party at the host railroad.
To read the full Emergency Order click here

May 7, 2014: (EO)(SA) DOT, FRA, PHMSA – Crude By Rail, Emergency Response, & DOT111 Tank Cars

US DOT ISSUED AN EMERGENCY ORDER REQUIRING RAILROADS TO NOTIFY STATE EMERGENCY RESPONSE COMISSIONS ABOUT TRANSPORTATION OF AT LEAST 35 TANK CARS OF CRUDE BY RAIL THROUGH STATE

Emergency order requires railroads transporting crude to notify state emergency response commissions; safety advisory urges use of tank cars with highest integrity

WASHINGTON – Today, the U.S. Department of Transportation (DOT) issued an Emergency Order requiring all railroads operating trains containing large amounts of Bakken crude oil to notify State Emergency Response Commissions (SERCs) about the operation of these trains through their states.

Additionally, DOT’s Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Safety Advisory strongly urging those shipping or offering Bakken crude oil to use tank car designs with the highest level of integrity available in their fleets.  In addition, PHMSA and FRA advise offerors and carriers to the extent possible to avoid the use of older legacy DOT Specification 111 or CTC 111 tank cars for the shipment of Bakken crude oil.

“The safety of our nation’s railroad system, and the people who live along rail corridors is of paramount concern,” said Transportation Secretary Anthony Foxx.  “All options are on the table when it comes to improving the safe transportation of crude oil, and today’s actions, the latest in a series that make up an expansive strategy, will ensure that communities are more informed and that companies are using the strongest possible tank cars.”

Effective immediately, the Emergency Order (Docket Number DOT-OST-2014-0067), requires that each railroad operating trains containing more than 1,000,000 gallons of Bakken crude oil, or approximately 35 tank cars, in a particular state to provide the SERC notification regarding the expected movement of such trains through the counties in that state.

The notification must include estimated volumes of Bakken crude oil being transported, frequencies of anticipated train traffic and the route through which Bakken crude oil will be transported.  The Emergency Order also requires the railroads provide contact information for at least one responsible party at the host railroads to the SERCs.  The Emergency Order advises railroads to assist the SERCs as necessary to share the information with the appropriate emergency responders in affected communities.

Emergency Order
Federal Registry Emergency Order Announcement

FRA AND PHMSA ISSUED A JOINT SAFETY ADVISORY RECOMMENDING ONLY THE MOST DURABLE DOT111 TANK CARS BE USED IN CRUDE BY RAIL SERVICE

FRA and PHMSA also issued a joint Safety Advisory, Number 2014-01, to the rail industry strongly recommending the use of tank cars with the highest level of integrity in their fleet when transporting Bakken crude oil.

The Department of Transportation continues to pursue a comprehensive, all-of-the-above approach in minimizing risk and ensuring the safe transport of crude oil.  FRA and PHMSA have undertaken more than a dozen actions to enhance the safe transport of crude oil over the last ten months. This comprehensive approach includes immediate and long-term steps such as: launching “Operation Classification” in the Bakken region to verify that crude oil is being properly classified; issuing safety advisories, alerts, emergency orders and regulatory updates; conducting special inspections; moving forward with a rulemaking to enhance tank car standards; and reaching agreement with railroad companies on a series of immediate voluntary actions they can take by reducing speeds, increasing inspections, using new brake technology and investing in first responder training.

Safety Advisory
Federal Registry Safety Advisory Announcement

March 6, 2014: (EO) USDOT – Amendment to Emergency Prohibition Order from 02/25/2014

The United States Department of Transportation has issued an amendment to the Emergency Prohibition Order originally issued February 25, 2014 regarding the transportation by rail of UN 1267 Petroleum Crude Oil. The intention of this amendment is to clarify the requirements outlined in the original EO and this amendment entirely supersedes the previously issued emergency order.

DOT has clarified the following requirements:

1. "Ensure that the material is properly tested (conducted with sufficient frequency and quality) and classed in accordance with the Amended EO and the HMR."

Please note that this is not a new requirement and has been in the regulations for many years. Also note that the emergency order does not specify what the testing frequency should be but they do stipulate that boiling point and flash point testing should have been done within the "recent past" in order to properly determine the packing group.

2. [paraphrased] "Shippers of Bulk quantities of petroleum crude oil for transportation commerce by rail in tank cars ….shall ensure that shipments by rail of UN 1267, petroleum crude oil, Class 3, PG Ill are transported according to the requirements for UN 1267, petroleum crude oil, Class 3, PG I or PG ll. PG Ill materials may continue to be described as PG III for the purposes of hazard communication."

This is somewhat different than the previous emergency order which seemed to require that producers classify crude oil as PG I or PG II for all transportation related functions, including on shipping papers. Now DOT is specifying that for the purposes of transportation PG III crude oil must be treated in the same manner that PG I or PG II crude oil (one can assume that this refers to package selection in particular). However shippers may still classify the material is PG III on shipping papers if in fact the crude oil is actually PG III.

3. The final provision warns shippers of material normally classified as UN 1267 Petroleum Crude Oil that is a violation of the emergency order to intentionally reclassify material with a different UN number or proper shipping name with the purpose of circumventing the emergency order.

This is merely a summary of a 19-page document so for the full details please refer to the EO itself: /a>

 

February 26, 2014: (EO) OST – DOT Issues Emergency Order Requiring Stricter Standards to Transport Crude Oil by Rail

**Read Emergency Order Here**

DOT Issues Emergency Order Requiring Stricter Standards to Transport Crude Oil by Rail

Today’s action marks the 4th emergency order or safety advisory on crude oil in the last seven months

The U.S. Department of Transportation (DOT) Office of the Secretary of Transportation (OST) today issued an Emergency Order requiring all shippers to test product from the Bakken region to ensure the proper classification of crude oil before it is transported by rail, while also prohibiting the transportation of crude oil in the lowest-strength packing group.

Emergency orders are issued to protect the public and environment from the likelihood of substantial harm created by an imminent hazard. Today’s Emergency Order, the fourth from DOT in less than a year, was issued in response to recent derailments involving trains carrying crude oil from the Bakken region and out of concerns over proper classification that are currently under investigation as part of Operation Classification, also known as the “Bakken Blitz.”

EFFECTIVE IMMEDIATELY:

Shipments of crude-by-rail must be properly tested and classified according to regulations already in place. There is a reminder in the Order that you must evaluate every hazardous material for all 9 hazard classes (i.e, corrosive, toxic, etc.)

HOWEVER ALL CLASS 3 (Flammable Liquid) CRUDE OIL MUST BE SHIPPED AS PGI OR PGII ONLY! PGIII Crude oil shipments will not be accepted into transportation until further notice. (Packing Groups ("PG") describe the relative danger of a hazardous material, with PGI being the most dangerous while PGIII is the least dangerous of the specific class of hazmats)

*****

PHMSA will be in Minot, ND this week conducting a classification workshop at the 60th Annual State Fire School sponsored by the ND Firefighters Association; the class will include using the Emergency Response Guidebook (ERG) and will cover hazmat response.

PHMSA and the Federal Railroad Administration have issued several safety advisories related to the safe transport of crude oil by rail, including the recent January 2 Safety Alert and is currently engaged in the ongoing rulemaking to improve the design of the DOT 111 tank car.

In August 2013, PHMSA and FRA launched Operation Classification in the Bakken Shale region to verify that crude oil was being properly classified and announced the first proposed fines associated with that ongoing investigation last month. Additional activities include unannounced spot inspections, data collection and sampling at strategic locations that service crude oil.

August 7, 2013: (EO) FRA – Emergency Order #28 & Safety Advisory

FRA Issues Emergency Order #28 and a Safety Advisory to Prevent Unintended Hazardous Materials Train Movement in Response to the July 6th Lac-Megantic, Quebec Train Derailment.

In the Safety Advisory, FRA publishes for review the Directive Ordered by Transport Canada for Railroad Companies which dictates actions to be taken to prevent a similar incident in the future. While they advise that the cause is still unknown, Transport Canada believed the severity of the accident warranted immediate action.

Following the incident in Canada, FRA performed an internal review of defect and violation data regarding securement of railroad equipment. FRA’s inspection data since January 2010 shows significant non-compliance with FRA’s securement regulations, 49 CFR 232.103(n), with nearly 4,950 recorded defects in that time. Moreover, FRA has seen a number of serious accidents during rail transportation of flammable liquids since 2009, and there has been significant growth in these types of rail shipments since 2011. As a result of this analysis, FRA is ordering that each railroad take the following actions on mainline track or mainline siding outside of a yard or terminal to ensure the safe transportation by rail of hazardous material (the following information is abridged; for the complete version please review the Emergency Order as Published in the Federal Register):

1.    No train or vehicle transporting hazardous materials … shall be left unattended on a mainline track or mainline siding outside of a yard or terminal until the railroad develops, adopts, complies with, and makes available to FRA upon request, a plan that identifies specific locations and circumstances when such trains or vehicles may be left unattended.

2.    Develop processes for the securement of unattended trains or vehicles transporting hazardous materials … on mainline track or mainline siding outside of a yard.

3.    Review and verify, and adjust as necessary, existing procedures and processes related to the number of hand brakes to be set on all unattended trains and vehicles and ensure the means of verifying that number is appropriate.

4.    Implement operating rules and practices requiring the discussion of securement for any job that will impact or require the securement of any train or vehicle in the course of the work being performed.

5.    Develop procedures to ensure that a qualified railroad employee inspects all equipment that any emergency responder has been on, under, or between for proper securement before the train or vehicle is left unattended.

January 1, 2014: (EO) Transport Canada Issues Emergency Directive

Emergency Directive Pursuant to Section 33 of the Railway Safety Act

Safety and Security of locomotives in Canada

To:  Companies Listed at the bottom of this posting or on Transport Canada's Website at http://www.tsb.gc.ca/eng/recommandations-recommendations/rail/2014/rec-r1404.asp

Section 33 of the Railway Safety Act (RSA) gives the Minister of Transport the authority to issue an emergency directive to any company when the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation.

On July 23, 2013 following the tragic events in Lac-Mégantic, an emergency directive was issued to all railway companies and all local railway companies. On the same day, an order was issued under section 19 of the Railway Safety Act, requiring those same companies to formulate rules respecting the subject matters covered by the emergency directive.

Given that no rule has yet been approved or established under section 19 for the companies listed in Appendix A, and in the interest of ensuring the continued safety and security of railway transportation, I am of the opinion that there remains an immediate need to clarify the regime respecting unattended locomotives on main track and sidings and the transportation of dangerous goods in tank cars using a one person crew to address any threat to the safety and security of railway operations.

Therefore, pursuant to section 33 of the RSA, the companies listed in Appendix A are hereby ordered to:

  1. Ensure that all unattended controlling locomotives on main track and sidings are protected from unauthorized entry into the cab of the locomotives;

  2. Ensure that reversers are removed from any unattended locomotive on main track or sidings.  During sub-zero temperatures, this item does not apply to locomotives that do not have a high idle feature;

  3. Ensure that their company&rsquos’ special instructions on hand brakes referred to in Rule 112 of the Canadian Rail Operating Rules is applied when any locomotive coupled with one or more cars is left unattended for more than one hour on main track or sidings;

  4. Ensure, when any locomotive coupled with one or more cars is left unattended for one hour or less on main track or sidings, that in addition to complying with their company&rsquos’ special instructions on hand brakes referred to in item 3 above, the locomotives have the automatic brake set in full service position and have the independent brake fully applied;

  5. Ensure that no locomotive coupled with one or more loaded tank cars transporting “dangerous goods” as this expression is defined in section 2 of the Transportation of Dangerous Goods Act (TDGA)  is left unattended on main track; and

  6. Ensure that no locomotive coupled with one or more loaded tank cars transporting “dangerous goods” as this expression is defined in section 2 of the TDGA is operated on main track or sidings with fewer than two persons qualified under their company&rsquos’ requirements for operating employees.

For the purpose of this emergency directive an “unattended locomotive” or a “locomotive coupled with one or more cars that is left unattended” means that it is not in the immediate physical control or supervision of a qualified person acting for the company operating the locomotive or car(s) in the case of items 3 and 4 above or a person acting for the company operating the locomotive or car(s) in the case of items 1, 2 and 5 above.

For the purpose of this emergency directive, “main track” and “sidings” do not include main track or sidings in yards and terminals.

For greater certainty, nothing in this emergency directive relieves a company of the obligation to comply with Rule 112 of the Canadian Rail Operating Rules.

Pursuant to section 33 of the RSA, this emergency directive will take effect on January 1, 2014 and will remain in effect until July 1, 2014.

Companies affected:

Boundary Trail Railway
Canpotex (Rail Serve)
Chemin de fer Roberval Saguenay (Rio Tinto Alcan)
Compagnie du Chemin de fer Québec Central
Corporation du chemin de fer de la Gaspésie
Essar Steel Algoma
International Bridge and Terminal Company
Lake Line Railway Company
Minnesota, Dakota & Western Railway Company
Montreal, Maine & Atlantic Railway Ltd.
Northwood Pulp
Orford Express
Port Stanley Terminal Railway Incorporated
RailServe
Rio Tinto Alcan
Southern Ontario Locomotive Restoration Society
Southern Rails Cooperative Ltd.
Stewart Southern Railway
Thunder Rail Ltd. (Arborfield)
Torch River Rail Inc.
Train touristique de Charlevoix
West Coast Railway Museum
Union Pacific Railway Company
York-Durham Heritage Railway Association
White Pass and Yukon Route