I read where the NTSB (National Transportation Safety Board) has investigators in Dnever, concerning the plane that cracked up on take-off. In the past, I’ve read where the NTSB would be investigating a major derailment. As far as railroads go, does the NTSB only do investigations into derailments after the fact, or is there a higher profile relationship to the railroads?
NTSB investigates transportation accidents after the fact. I would assume that its reports attempt to determine the cause and make appropriate recommendations to prevent repeats.
No, the NTSB is not proactive but will make usually suggest reccomendations with their fianl report. FRA and STB are more proactive but also work from NTSB results.
Murphy: NTSB also conducts long-term, proactive studies on what it perceives as significant safety matters. NTSB at its discretion may enter into discussions with railroads, vendors, and other stakeholders, has subpoena power, and may compel witnesses to testify, with the exception being that witnesses have the right to not testify if they believe their testimony would be incriminating.
Recent studies in railroad safety include operator fatigue, passive (non-signaled) grade crossings, and locomotive fuel-tank integrity.
RWM
What STB decisions have been shaped or are the result of NTSB results?
RWM
Is it safe to assume, that the NTSB conducts those sudies based on past accident investigation results? I could see how an agency like that could be quite nasty, if used in a political way.
Off the top of my head, I’m not aware of any STB decisions directly resulting from or shaped by NTSB results as such. Where STB decisions involve safety issues (like rail mergers), STB will typically defer to FRA. So, to the extent FRA policy may be shaped by NTSB results, the FRA policy could indirectly find its way into STB decisions, most likely by an STB decision imposing conditions requiring consultation with STB or compliance with the FRA requirements.
I’m aware of that indirect linkage, which as far as I can see is 100% filtered by the FRA, through my direct practice with STB. What I’m curious about, is any STB decision, practice, policy, or requirement, that resulted from consultation with the NTSB or instruction from the NTSB. To my knowledge the STB does not regulate safety except through the aspects of its enforcement of the provisions of NEPA, and NEPA does not require any interaction with NTSB, at least none I have ever read in the CFRs or the case law.
RWM
The statement was made in general terms with nothing specific in mind. The nit picking here is tremendous.
But still no worse than the spew of the uninformed.
STB does not base decisions upon safety. FRA is the safety regulator. When matters are reported to the National Response Center (part of DHS) a decision is made about referrals for response including the NTSB. FRA, EPA, USCG, ICE, FAA, FCC, DOI, DOD and others are automatically notified if their disciplines are needed. The decision is made based upon the severity and other facts of the incident being reported .
LC
NTSB conducts studies and investigates accidents, and makes safety recommendations, not only on the railroads and airlines, but also highways, pipelines, marine, and hazmat. Their web site has accident reports for all these modes, and many are quite fascinating reading material.
By law, NTSB must investigate all aviation accidents. It may investigate accidents involving other modes of transportation at its discretion, and these accidents are usually serious in nature where deaths or serious injuries have occurred.
Not sure about the “spew” part, but here is what actually happens at the STB in the real world:
The STB’s “Section of Environmental Assessment” [SEA] does environmental impact statements. Among other things, a “Safety Integration Plan” is submitted by applicants as part of railroad merger applications to the STB, and the STB’s SEA must review and assess those plans as part of the overall merger review and approval process.
This is a well known aspect of the STB’s jurisdiction. From a memo drafted in 1997:
"The rail transportation policy, which applies to all transactions subject to Board jurisdiction, requires the Board to act so as “to promote a safe and efficient rail transportation system . . . .” Over the years, the Board and its predecessor, the Interstate Commerce Commission, in consultation with the Federal Railroad Administration (FRA), have considered the issue of safety along with other relevant issues in various types of individual cases.
"Recently, in a pending railroad merger proceeding [CSX Corporation and CSX Transportation, Inc., Norfolk Southern Corporation and Norfolk Southern Railway Company–Control and Operating Leases/Agreements–Conrail, Inc. and Consolidated Rail Corporation, STB Finance Docket No. 33388, Decision No. 52 (STB served Nov. 3, 1997)], the Board undertook to address safety issues in a more systematic way. In response to a request by the FRA, which has primary responsibility over railroad safety enforcement, the Board set up a process under which the applicant railroads will prepare detailed safety integration plans, which will be reviewed by the
Title 49, USC:
§ 1131. General authority
(a) General.–(1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of–
(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
(B) a highway accident, including a railroad grade crossing accident, the Board selects in cooperation with a State;
(C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;
(D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment;
(E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 2101(46) of title 46), under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and
(F) any other accident related to the transportation of individuals or property when the Board decid
Let me get a brief chuckle on this: when could they investigate transportation accidents?
– Bagehot