NTSB Makes Urgent Recommendations to Address Crude-by-Rail Explosions

The National Transportation Safety Board called on federal regulators on Jan. 23 to approve several measures in light of a rash of oil train derailments and crude oil explosions as did their Canadian counterparts, the Transportation Safety Board.

3 minute read

January 28, 2014, 7:00 AM PST

By Irvin Dawid


The National Transportation Safety Board (NTSB), an independent safety investigation agency charged by Congress to investigate significant accidents, can not make regulations; they can only recommend them. The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration, both located within the U.S. Department of Transportation (DOT) are two key federal regulators that have the authority to approve recommendations suggested by NTSB after they assisted Canada's Transportation Safety Board in a comprehensive investigation of the July 6 oil-train derailment and conflagration in Lac-Mégantic, Quebec. The joint recommendations of the two nations' safety boards are unprecedented.

"Railroads, energy companies, refiners and shippers have been at odds over how to solve the safety issues that have arisen from surging oil production in the Bakken Shale," write Betsy Morris, Paul Vieira and Laura Stevens, as was evident when key industry players came together last week with DOT Secretary Anthony Foxx to agree on voluntary, preventative measures.  Key lobbying groups are the American Association of Railroads (AAR) and the American Petroleum Institute (API). NTSB's recommendations (see their press release) include:

  • (T)ansportation regulators should work with railroads to reroute oil trains and should ensure that railroads have plans in place to handle "worst-case" accidents or spills.
  • PHMSA should "require shippers not only to test but to document the physical and chemical characteristics of their hazardous shipments [referring to Bakken Shale crude which has been shown to be more explosive than heavier crudes]". 

While NTSB did not offer new recommedations on oil tanker rail cars, referring to earlier ones made in March, the Transportation Safety Board of Canada did address shortcomings of early DOT-111 cars. [See their press release.]

Industry reactions were mixed. While AAR said it was in "in full agreement" (see press release), API appeared to defer responsibility to the railroads. "(T)he first step is to prevent derailments by addressing track defects and other root causes of all rail accidents," it said in a statement. Coincidentally, the Federal Railroad Administration on Jan. 24 issued its "Final Rule to Improve Rail Inspections."

The Canadian Pacific railroad issued a statement for Valley News (Fargo/Grand Forks) that showed the role of the different parties in crafting new safety rules.

"This is a complex multi-faceted issue requiring extensive collaboration between regulators, the railways that own the locomotives and tracks, shippers which supply the tank cars and the producers of the product."

On a related note, Keystone XL pipeline backers pointed to the NTSB recommendations to support a planned spur from North Dakota to their pipeline that could carry up to 100,00 barrels of oil a day, about one tenth of the state's daily production. Most of the remainder will continue to use rail transport.

Listen to "Living on Earth"'s comprehenve interview with Globe and Mail reporter, Jacquie McNish, on the joint safety board recommendations and an excellent history of transporting crude-by-rail.

Friday, January 24, 2014 in The Wall Street Journal

Sweeping view of Portland, Oregon with Mt. Hood in background against sunset sky.

Oregon Passes Exemption to Urban Growth Boundary

Cities have a one-time chance to acquire new land for development in a bid to increase housing supply and affordability.

March 12, 2024 - Housing Wire

Aerial view of green roofs with plants in Sydney, Australia.

Where Urban Design Is Headed in 2024

A forecast of likely trends in urban design and architecture.

March 10, 2024 - Daily Journal of Commerce

Cobblestone street with streetcar line, row of vintage streetlights on left, and colorful restaurant and shop awnings on right on River Street in Savannah, Georgia.

Savannah: A City of Planning Contrasts

From a human-scales, plaza-anchored grid to suburban sprawl, the oldest planned city in the United States has seen wildly different development patterns.

March 12, 2024 - Strong Towns

Aerial View of Chuckanut Drive and the Blanchard Bridge in the Skagit Valley.

Washington Tribes Receive Resilience Funding

The 28 grants support projects including relocation efforts as coastal communities face the growing impacts of climate change.

March 18 - The Seattle Times

Historic buildings in downtown Los Angeles with large "Pan American Lofts" sign on side of building.

Adaptive Reuse Bills Introduced in California Assembly

The legislation would expand eligibility for economic incentives and let cities loosen regulations to allow for more building conversions.

March 18 - Beverly Press

View from above of swan-shaped paddleboats with lights on around artesian fountain in Echo Park Lake with downtown Los Angeles skylien in background at twilight.

LA's Top Parks, Ranked

TimeOut just released its list of the top 26 parks in the L.A. area, which is home to some of the best green spaces around.

March 18 - TimeOut

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.