Revised Non-Accident Release and Non-Compliant Railcar Charges Effective January 1, 2018
As part of our continuous efforts to improve safety, effective January 1, 2018, BNSF is revising the applicable charges for each occurrence of a Non-Accident Release (NAR) involving a car loaded with or containing residue of Hazardous Material Commodities. We will also implement charges for railcars carrying hazardous materials that are deemed in non-compliance with securement requirements.
Non-Accident Release (NAR) of Hazardous Materials
For reference, a Non-Accident Release is defined as any unintentional release of Hazardous Material Commodities during transportation that was not caused by a rail-related accident or derailment. A NAR includes leaks, splashes and other releases from improperly secured or defective valves, fittings and tank shells, and also includes the venting of hazardous gases from safety relief devices.
In the event that a NAR occurs while in BNSF's possession, a charge of $5,000 will be assessed for the first occurrence, $10,000 for the second occurrence and $20,000 for a third or more occurrences over 12 months per occurrence, to the shipper identified on the applicable bill of lading.
The charges include the switching required to move the involved car from the track where the NAR occurred, or was first identified, to a track where clean-up and repairs can safely be made. The charges do not include demurrage or any other securement related charges. The shipper will be liable for all expenses associated with the securement, clean-up and other incidental charges associated with handling the NAR.
Non-Compliance with Securement Requirements
For reference, a railcar carrying hazardous materials or environmentally sensitive materials, whether loaded or carrying only residue amounts, is considered non-compliant with securement requirements when found not to comply with all applicable safety standards or requirements, or to otherwise be improperly prepared for transport or deemed unsafe by regulators. Non-compliances may include, but are not limited to, secondary means of closure, such as shipping plugs, loose swing bolts on manways, safety chains and improper marking, other than placards lost in transit from the pick-up location.
If a railcar(s) is identified as non-compliant, a charge of $1,500 will be assessed for the first occurrence, $3,000 for the second occurrence and $6,000 for a third or more occurrences over 12 months per occurrence, to the shipper identified on the applicable bill of lading. Railcar(s) may also be moved to an isolation track for securement or correction of the concern.
The corresponding Items 3230 and 3235 in the BNSF Rules Book 6100-B (must be logged in to the Customer Portal for viewing) have been updated with this information.
For a list of applicable Hazardous Material Commodities subject to this Item, please refer to the Directory of Hazardous Materials Shipping Descriptions as published by Railinc, Section 1, Part 2, and Section 2, Part 2.
If you have any questions, please contact your BNSF marketing representative.
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