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Additional Clarification - Definition of “Track Damage”:
Q. We recently had a derailment in one of our yards that destroyed approximately 200
feet of track, consisting of several sections of 39 foot rail and numerous ties. We
had on hand a large quantity of used 39 foot rail and numerous ties that had
recently been removed from an abandoned section of main line track. We used
the secondhand rail and ties to repair the destroyed track. The cost of the labor
involved was $9,500, so the accident did not exceed the threshold limit for
reporting to FRA. As we did not use any new rail or ties, and because we would
have sold the secondhand rail and ties, we did not include any of the costs for the
replacement rail or ties. Were we correct by excluding the material costs for our
use of the second-hand rail and ties?
A. No. The current definition of “Track Damage” states that “All costs, including
labor and material, associated with the “repair or replace in-kind” of signals, track,
track structures (including bridges, or tunnels), damaged equipment detectors (e.g.,
hot box detector, etc.), switches, or other electronic equipment; or roadbeds that
were damaged in a collision, derailment or other event,” are to be included. See
FRA Guide for Preparing Accident/Incident Reports Section 2. This present
definition further states that, “When track, signals, structures, etc., are damaged
beyond repair, the current cost of new materials is to be used. However,
replacement of secondhand rail with secondhand rail may be charged at the current
cost of such rail.” See FRA Guide for Preparing Accident/Incident Reports
Section 2.
Additionally, the question stated there was no material costs associated with the
track damage. However, it would appear that new spikes and rail fasteners would
have had to have been used in this instance, and those would need to be included in
the track damage cost of this derailment. The amount of track damage involved in
this derailment should be reassessed to include those additional costs. If the
threshold limit for the year in which this derailment occurred was exceeded, a late
FRA Form F 6180.54 should be prepared and submitted to FRA.
“Track Damage. All costs, including labor and material, associated with
the repair or replacement in-kind of signals, track, track structures
(including bridges or tunnels), damaged equipment detectors (e.g., hot
box detector), switches, or other electronic equipment; or roadbeds that
were damaged in a collision, derailment, or other reportable event. This
would include the cost of labor and material to repair or replace in-kind,
all parts, to include fasteners to track, signal and roadway appliances,
damaged in the accident.
When track, signals, structures, etc., are damaged beyond repair, the
current cost of new materials is to be used. However, replacement of
secondhand rail with secondhand rail may be charged at the current cost
of such rail.”