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Virginia Rail Safety Inspections

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by

sherlockj
in , , , , , ,

Courtesy Norfolk Southern

by James C. Sherlock

After the Ohio disaster, it is timely to review rail safety in Virginia.

The Federal Railroad Administration (FRA) of the U.S. Department of Transportation is the federal rail safety regulator in cooperation with state authorities.

FRA’s Office of Railroad Safety employs 400 railway inspectors. Federal safety management teams are organized by railroad or type of railroad.

The FRA summary of State rail safety participation states:

state programs emphasize planned, routine compliance inspections; however, States may undertake additional investigative and surveillance activities consistent with overall program needs and individual State capabilities.

FRA both conducts and pays for training of state inspectors.

Code of Federal Regulations 49 CFR Part 212 provides state rail safety participation regulations.

Railroad Regulation represents one of the original areas of responsibility assigned to the State Corporation Commission (SCC) when it was created by the Virginia Constitution of 1902.

Virginia statutory authority is found in Code of Virginia Title 56 Chapter 13.

Virginia today has two Class I (major) railroads (Norfolk Southern and CSXT), nine Class II (short line) railroads, and more than 6,700 miles of track.

The SCC Division of Utility and Railroad Safety administers three safety programs: Gas and Hazardous Liquid Pipeline Safety, Railroad Safety and Underground Utility Damage Prevention.

I offer below the Summary of 2021 activities provided in response to a FOIA request. The following is a quote.

The Rail Safety Section of the Division in coordination with the Federal Railroad Administration, helps ensure the safe operation of jurisdictional railroads by conducting inspections of tracks, signals, highway rail grade crossings, railroad operations, shipment of hazardous materials by rail, motive power and equipment and investigations of certain accidents and citizen complaints.

The Division’s inspections involve more than 4,100 miles of track, over 4,200 highway and private grade crossings, thousands of rolling stock, which also include tank cars, and intermodal containers and 69 yard facilities.

Summary of 2021 Activities

  • Number of Hazmat Units (note 5) Inspected – 9,173
  • Number of Track Units (note 6) Inspected – 8,794
  • Number of Locomotive and Car Units (note 7) Inspected – 30,455
  • Number of Operating Practice Units (note 8) Inspected – 810
  • Number of Signal/Grade Crossing (note 9) Units Inspected –  1,128
  • Number of Defects Noted –  5,908
  • Number of Violations Cited – 95
  • Number of Accidents/NRC Incidents Investigated – 19
  • Number of Complaints Investigated –  43

note 5 Each hazmat record review along with each visual inspection of a tank car, bulk/non-bulk package and/or freight container is considered a hazmat unit.
note 6 Each mile of track, record, crossing at grade, among other things, is considered a track unit.
note 7 Each locomotive, car, motive power equipment record, among other things, is considered a unit.
note 8 Each location where operations are or may occur such as switchyards, field offices, yard offices, trains, yard crew locations and dispatching are considered an operating practice unit.
note 9 Each signal/switch/grade crossing record review along with each visual inspection of a signal/grade crossing component is considered a signal/grade crossing unit.

Each railroad also has its own safety inspections driven both by management and by their insurers.

But, personally, I had no idea that rail safety in Virginia was subject to that level of inspection by the state.

I am happy to learn about it and congratulate the SCC for their work.

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Comments

16 responses to “Virginia Rail Safety Inspections”

  1. Matt Adams Avatar
    Matt Adams

    A further caveat on the regulations regarding TIH on railroads, is that there are specific locations in the train consist that those items may reside.

  2. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Thanks, Jim, for this information. Like you, I did not know that this was one of the SCC’s functions.

  3. Moderate Avatar
    Moderate

    If you check the history of the SCC, it was created when the General Assembly realized it couldn’t effectively regulate the railroads through legislative action. Many federal agencies give state entities responsibility for things within our states – EPA is another example.

    On the federal level, the Department of Transportation regulates rail roads and it is very effectively controlled by the various affected industries. They successfully delay implementation of laws, especially laws that increase safety – which they view only as increased costs. There is also widespread refusal to retrofit old infrastructure with new technology.

    I’ve been watching the part of DOT that oversees pipeline safety for a number of years. Folks don’t seem to understand that when a business seeks to put infrastructure through my land I expect the highest safety. Our system allows them to ignore that expectation and to give citizens little recourse.

    As more rail failures, pipeline failures, etc. occur, maybe folks will recognize the need to loosen the stranglehold that certain industries have over our regulators and legislators. Over a century ago Virginia legislators recognized the need to put some separation between them and the regulated entity, so they created the SCC. Today big business has the upper hand in many parts of our economy and lives. Maybe its time for us to reconsider how we do some things to get what will benefit all of society.

    1. William Chambliss Avatar
      William Chambliss

      “Over a century ago Virginia legislators recognized the need to put some separation between them and the regulated entity, so they created the SCC.”

      Not only did the Legislature recognize its inability to stand up to the industry, to further isolate itself, it had the people of Virginia create the SCC through their approval of the Constitution of 1903.

      The SCC is a constitutional branch of government and not, as in most states, an executive branch agency. Those men in 1903 were serious about bringing the railroads under effective state oversight. (Yes, they were all men in those days.)

      1. how_it_works Avatar
        how_it_works

        Is the SCC any more effective at regulating railroads than they are at regulating utilities like Dominion?

        1. LarrytheG Avatar
          LarrytheG

          OUCH! I’m also not clear on the division of responsibilities between the Feds and the State. For instances, it appears it’s all about the Feds in Ohio. If we had a similar disaster in Virginia, would it be the SCC doing the inquiry and not the Feds?

          1. how_it_works Avatar
            how_it_works

            My only experience with the SCC was to report an illegible RR crossing sticker. Back before they used professionally made signs, Norfolk Southern used decals filled out with a permanent marker. The RR crossing number was faded so it couldn’t be read anymore. (If you were to call the number to report a problem, the dispatcher will want the crossing number).

            I called NS to report the problem at least twice. They did nothing about it. I left the SCC a note on their website. SCC never acknowledged my note nor did they do anything about it.

            Not until NS put a blue sign at the crossing to comply with the Federal law was the problem fixed.

            Worth noting that other RRs were putting those blue signs up years before NS.

            Most railroads also put the info on the side of the RR crossing equipment box, but NS does not.

            There’s also the time that I called NS to report a malfunctioning RR crossing and nobody ever answered the call. I called their emergency number, twice, let it ring for a minute each time, nobody ever answered.

          2. William Chambliss Avatar
            William Chambliss

            Federal law gives certain responsibilities to the states. The Feds will generally investigate any sizeable accidents.

        2. William Chambliss Avatar
          William Chambliss

          The General Assembly has been regulating Dominion for the past 15+ years. They don’t generally interfere on railroad matters like they have in electric regulation.

          1. how_it_works Avatar
            how_it_works

            My experience is that the problems with Dominion go back way further than 15 years, but ok.

    2. f/k/a_tmtfairfax Avatar
      f/k/a_tmtfairfax

      There’s been considerable discussion nationally about federal requirements for electronically controlled pneumatic brakes. They are not required in either freight or passenger trains. The first regulation occurred in the Obama adminstration when the Federal Rail Administration adopted 49 CFR § 270.103(r)(3)(i) System safety program plan.

      “(3) Once FRA approves a railroad’s SSP plan pursuant to § 270.201(b), including the technology analysis and implementation plan, the railroad shall apply:

      “(i) The processes described in paragraph (r)(2)(i) of this section to identify and analyze technologies that will mitigate or eliminate the hazards and resulting risks identified by the risk-based hazard analysis pursuant to paragraph (q)(1) of this section. At a minimum, the technologies a railroad shall consider as part of its technology analysis are: Processor-based technologies, positive train control systems, electronically-controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors and indicators, trespasser prevention technology, and highway-rail grade crossing warning and protection technology.”

      In 2020, Section 270.103 was amended to apply only to passenger trains, while Section 271.109 was added to cover freight trains.

  4. LarrytheG Avatar
    LarrytheG

    Before an accident, those who are subject to regulation make their case that increased regulation increases costs which are passed on to customers.

    After the accident, the regulators are then accused of giving the regulated too much slack and leniency.

    Most folks could care less about it unless the train falls over in their town.

  5. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    Based on the activities summary the inspectors are busy. That is a good thing.

  6. Nancy Naive Avatar
    Nancy Naive

    And, apparently N&S wanted to have changes to DoT regs to reduce the minimum crew size to ONE. Meh, it’s not like it takes more than one.

  7. energyNOW_Fan Avatar
    energyNOW_Fan

    …absolutely the larger message of the Ohio accident is that the railroads and Congress are going to wait for a very large body count accident before any action is taken. Profits and campaign donations uber alles.

    A few years ago I found myself calling about VRE track conditions I could see impending stream washout from a hike in the woods vantage point (Norfolk Southern, I think I called, but now it’s CSX owned). Think I had to make 3 calls. Local HOA did nothing, then called the railroads and a few weeks later by gosh they shored it up, pretty big job…not sure if I can take credit or they knew already.

    1. Nancy Naive Avatar
      Nancy Naive

      No different than VDOT & the GA, or the FAA & Congress, or any other money-regulatory-safety.

      It goes by the name “blood on the highway/runway/tracks”.

      For example, two words “Bower’s Hill”. There is no HR dweller who doesn’t know where it is, and doesn’t know that it is where 10% of traffic fatalities go to die.

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