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Rail News Home Federal Legislation & Regulation

7/22/2024



Rail News: Federal Legislation & Regulation

FRA issues final investigative report on NS train derailment in Ohio


Federal Railroad Administrator Amit Bose
Photo – Federal Railroad Administration

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The Federal Railroad Administration last week published its final accident investigation report on the Norfolk Southern Railway train derailment that occurred in East Palestine, Ohio, on Feb. 3, 2023.

The FRA found that the derailment was caused by a roller bearing that failed due to overheating, consistent with the investigation findings of the National Transportation Safety Board. NS’ procedures and the inadequate staffing for communicating information from the hot box detectors (HBDs) to the train crew may have contributed to the accident, according to an FRA press release.

The agency does not now regulate the location, installation, operation or maintenance of wayside detectors, unless a detector interfaces with a railroad’s signaling system, However, this is a topic where FRA will “aggressively” use its existing authorities but also encourages Congress to act in any future rail-safety legislation, FRA officials said.

The FRA has:

• inspected thousands of wayside detectors on 28 railroads last year alone as part of a high-hazard route assessment, and the agency assessed Class I dispatching centers to evaluate how railroads report, evaluate and take actions following wayside detector alarms;

• on multiple occasions urged railroads using wayside detectors to evaluate their inspection processes and prioritize proper training for personnel working with them. This includes a safety advisory in March 2023 and two additional advisories in June 2023 and July 2024;

• continued to conduct safety-culture assessments of all Class Is. FRA completed its assessment of NS last year, evaluating the railroad’s procedures related to wayside detector maintenance, inspections and alerts, and making recommendations to address issues and improve safety; and

• tasked its Railroad Safety Advisory Committee with reviewing current industry practices relating to wayside detectors, determining current best practices and developing recommendations and proposals to update existing or develop new regulations and guidance. 

 As a result of the FRA’s investigation into the NS derailment, the agency initiated 12 enforcement cases with 117 counts against the railroad and other entities. These potential violations were found across technical disciplines examined by FRA inspections, such as operating practices, which ensure internal railroad rules are communicated to workers and followed, as well as motive power equipment, which includes the mechanical elements such as locomotives and freight cars.

The FRA examined all available evidence to ensure compliance with federal regulations, agency officials said.

“Norfolk Southern’s train derailment in East Palestine was a wake-up call to the country — and should be to the freight rail industry — that the status quo is unacceptable when it comes to rail safety,” said FRA Administrator Amit Bose. “We must all be more vigilant and advance new measures that will keep people working on, living near and traveling along railroads out of harms way.”

The full report can be read here.



Contact Progressive Railroading editorial staff.

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