Yourlawyer.com (Accidents News)

Ex-NTSB Chief Confirms Safety Standards Less for Buses

Mon, 06 Oct 2008 00:00:00 -0700

While airline crashes tend to get more press, many travelers die in bus and train accidents as well. Take for instance the recent bus crash in August that killed 17 people who were traveling from Houston to a religious event, or the Atlanta bus accident last year that involved the Bluffton University baseball team or the 2002 Texas bus accident that involved Texas church campers.

Jim Hall, formerly of the National Transportation Safety Board (NTSB)—Hall chaired the NTSB from 1994 to 2001—agrees that the traveling public is treated to a different standard if they are on a bus instead of an airliner or train. Further, some of those who died in the two Texas and the Georgia accidents might have survived if a few basic safety propositions, such as seat belts and stronger windows, had been adopted. "There's a strong safety culture in aviation that has been supported by the aviation community, in which fatalities are unacceptable," Hall said. "That same culture we haven't had on our highways. I wish I could explain it."

One basic issue in unaddressed bus safety remains why basic recommendations for long-haul buses made years ago have never been implemented. This lack of action has also confused safety advocates for some forty years. In 1968 NTSB first announced a recommendation to add seat belts to large nationwide buses; however, today, most buses do not offer seatbelts.

U.S. Senators Kay Bailey Hutchison (Republican-Texas) and Sherrod Brown (Democrat-Ohio) offered a bill to turn some of those long-standing NTSB recommendations into law. At a subcommittee hearing last month, Hutchison pointed to a series of "horrific accidents" over the summer that confirmed the need to implement "sweeping changes" to enhance bus safety. While the law may not immediately pass, it may be reconsidered as part of a highway bill next year.

The motorcoach industry opposes the bill and the American Bus Association (ABA) and other industry groups claim buses are safe just the way they are. The ABA calls the Hutchison-Brown bill "an industry killer" on its Website citing the expense of adding safety featues and supports another bill sponsored by U.S. Representative Bill Shuster (Republican-Pennsylvania), that calls for research but no specific changes.

The NTSB is the agency that investigates serious transportation crashes and issues and has been the most persistent in calling for safety improvements such as: Three-point seat belts, stronger windows, stronger roofs, heat sensors, fire suppression devices, stronger driver certification requirements, training, and more vigorous inspection and monitoring of bus companies. Hall, other safety advocates, crash victims and their families, politicians, and plaintiff lawyers all blame a cowardly federal bureaucracy and a motorcoach industry that, they say, has fought changes for years. "You have years of delay and dithering by the (U.S.) Department of Transportation, and you have an industry that has been a partner with them in not wanting to do anything," said Jackie Gillan, vice president of Advocates for Highway and Auto Safety.

The Federal Railroad Administration Bans Cellphone Use by On-Duty Train Operators

Fri, 03 Oct 2008 00:00:00 -0700

The Federal Railroad Administration issued an emergency order prohibiting all train operators from using cellphones while on duty. The new rule was issued yesterday and comes years after it first considered the matter, two weeks after the California Public Utilities Commission imposed the same restriction, and one day after the National Transportation Safety Board issued a preliminary report saying that text messages were sent and received by Metrolink engineer Robert M. Sanchez's cellphone in the moments before his commuter train collided with a Union Pacific freight train September 12. Twenty-five people died and 135 sustained injuries in that accident. "Everyone involved with rail travel deserves the full attention and focus of train operators, without exception and without excuse," the Federal Railroad Administration said in a statement.

The order contains a list of recent train accidents that involved cellphone use. One such accident occurred this summer when a Union Pacific brakeman walked across tracks while talking on his cellphone. He was struck and killed by a train. Another involved a 2006 head-on collision in Texas between two Union Pacific freight trains. The Federal Railroad Administration later determined that the engineer was talking on his phone and not paying attention.

Just two weeks ago, a Federal Railroad Administration (FRA) spokesman said it was merely continuing to study the issue and that cellphone use by train engineers already was banned by railroads, but such a ban would be difficult to enforce. "Think, as a practical matter, “how an FRA inspector would actually catch an engineer with a cellphone," FRA spokesman Rob Kulat wrote to a Times reporter. "The engineer would have to be on the phone with the phone in his right hand as he's passing an FRA inspector who just happens to be there. It's a highly unlikely scenario." Kulat said the FRA has only 270 inspectors to watch over the nation's train traffic, and that having them be responsible for cellphone enforcement would "divert scarce resources into an area that is a problem only on a rare, an exceptional occasion."

Meanwhile, Federal investigators just confirmed that the engineer of the commuter train that collided with a freight train in California was texting on his cellphone seconds before the September 12 crash. Investigators are also working to draw links with the time on the phone and train and signal recorder data. The last message the engineer received was at 4:21:03, more than one minute prior to impact; the final message he sent was at 4:22:01, just 22 seconds before the trains collided. The trains—a Metrolink commuter and a Union Pacific freight—were traveling at about 40 miles an hour.

Meanwhile, the Senate just approved—in a 74 to 24 vote—a rail-safety bill sponsored by California’s senators, Dianne Feinstein and Barbara Boxer. The bill has been approved in the House and would require major railroad and commuter lines to install collision avoidance systems, including automatic braking, by December 31, 2015.

Investigators Say Train Engineer Texting Seconds Before Crash

Thu, 02 Oct 2008 00:00:00 -0700

Federal investigators just confirmed that the engineer of the commuter train that collided with a freight train in California was texting on his cellphone seconds before the crash. Twenty-five people were killed and over 130 were injured in the September 12 crash. Authorities continue to work to determine if the engineer was sending text messages at the time his train failed to stop for a red signal, which is what led to the deadly collision.

Investigators are also working to draw links with the time on the phone and train and signal recorder data. The last message the engineer received was at 4:21:03, more than one minute prior to impact; the final message he sent was at 4:22:01, just 22 seconds before the trains collided. The trains—a Metrolink commuter and a Union Pacific freight—were traveling at about 40 miles an hour.

The National Transportation Safety Board (NTSB) said it confirmed the engineer’s texting through his cellphone records and said the engineer, Robert M. Sanchez, 46, who was killed in the crash, sent text messages throughout his shift, which was a split tour of duty. On the first part of his shift, he operated the train from 6:44 a.m. to 8:53 a.m., and received 21 text messages and sent 24. On the second part of the shift, which lasted from 3 p.m. until the time of the crash at 4:22, Sanchez sent five messages and received seven. Although it was unclear with whom he was texting, some teens--describing themselves as rail buffs—told media that just before the crash they exchanged messages with Sanchez. Investigators obtained the teens’ cellphone records and interviewed them. The cause of the crash has not been officially determined; however, investigators confirmed the tracks, signals, brakes, and locomotives were operating normally. Also, while the Union Pacific engineer braked, Sanchez did not.

The California Public Utilities Commission—the office which oversees rail safety—issued an order less than one week following the crash barring train operators from using cellphones other than for emergencies or unless the train is stopped and managers give permission. The Federal Railroad Administration said it would issue an emergency ban on the use of personal electronic devices. The commission said it acted in response both to the Metrolink crash and another accident on June 14 on a light rail line in San Francisco in which a dozen people were injured. That accident might have been caused by inappropriate use of a cellphone. Metrolink said it forbids cellphone use while operating trains.

Michael R. Peevey, president of the state Public Utilities Commission, said Sanchez’s cellphone use is “very, very sad but I think we suspected from the very beginning something like this.” Peevey added, “It is almost inexplicable how this thing could happen if you had your eyes open and were looking out.” Tim Smith, the California chairman of the Brotherhood of Locomotive Engineers and Trains, Sanchez’s union, said it supported the cellphone ban.

Meanwhile, the Senate just approved—in a 74 to 24 vote—a rail-safety bill sponsored by California’s senators, Dianne Feinstein and Barbara Boxer. The bill has been approved in the House and would require major railroad and commuter lines to install collision avoidance systems, including automatic braking, by December 31, 2015.

LA Train Crash Sparks Push for Reforms

Tue, 23 Sep 2008 00:00:00 -0700

This month's fatal crash of a Los Angeles commuter train has the U.S. Congress scrambling to pass what would be the first significant railroad reforms in 14 years. The National Transportation Safety Board (NTSB) has for years pushed for many of the safety rules now under consideration.

The fatal Metrolink train crash killed 25 people and injured 138. Officials said 220 people were aboard the commuter train on Sept. 13, which was heading from Union Station in downtown Los Angeles to Ventura County. The train was traveling at 42 mph when it ran head-on into a Union Pacific freight train traveling in the opposite direction. According to the NTSB, the Metrolink train’s engineer failed to stop at the final red signal, which forced the train onto a track where the Union Pacific freight was traveling.

Both the House and Senate have passed versions of a railroad reform bill, but must resolve differences before the election recess Friday. If passed, the new laws would limit hours engineers work, mandate technology to stop trains on a collision course and enact the rail industry's first other major reforms in 14 years.

The last time Congress addressed railroad safety was in 1994, when it passed the Federal Railroad Safety Authorization Act. But that law expired four years later. Since then, critics say Congress has neglected railroad safety.

The Federal Railroad Administration (FRA), which regulates the railroad industry, has also been less-than enthusiastic about new reforms. According to the Associated Press, the FRA says it can do its job without new safety inspectors, and while both the FRA and the railroad industry claim they support so-called positive train control technology, neither wants Congress to impose a timeline. Critics of the FRA charge that it defers to the industry too much.

Compared to the industry it regulates, the FRA is a relatively small agency. According to the Associated Press, the FRA's 430 inspectors must oversee an industry with over 235,000 employees and over 1.3 million freight cars running on 220,000 miles of track.

New York City Construction Crane Rules Provoke Industry Anger

Mon, 22 Sep 2008 00:00:00 -0700

New York City has implemented new construction crane regulations aimed at preventing the types of crane collapse accidents that have killed nine people so far this year. But the city's construction contractors aren't happy, and say the new regulations - which are effective immediately - will result in temporary layoffs of construction workers.

The new rules come in the wake of two horrible crane accidents that occurred this past spring. The most recent collapse occurred in May, when a 200 foot crane perched atop a high-rise under construction collapsed and fell about 30 stories to the ground below. In addition to the two fatalities, a third worker was seriously injured. A large portion of an adjacent high-rise apartment building was destroyed as well. The investigation into that crane collapse is said to be focusing on a rebuilt part that may have failed. The Manhattan District Attorneys’ office has also launched a criminal probe into the incident.

Seven other people were killed because of a crane collapse that occurred in March, just a couple of miles south of May’s tragedy. Following that incident, a city inspector - who allegedly had lied about inspecting the doomed crane in the weeks before the collapse - was arrested for falsifying records. The March crane collapse also led to the resignation of New York City Buildings Commissioner Patricia Lancaster.

The new rules cover the approval of permits to raise a tower crane. According to The New York Times, the regulations require that engineers or crane manufacturers provide detailed rigging plans for raising a crane, and certify the actual work, which is now done by licensed master riggers under a plan approved by a professional engineer. The rigging plan would include a detailed outline of how sections of a crane are raised at a construction site as work proceeds higher and higher.

Representatives for the construction industry told The New York Times that the new rules took them by surprise, and were implemented without any industry consultation. Louis Coletti, head of the Building Trades Employers Association, which represents 1,700 steel and concrete workers, said in an interview that implementing the new rules immediately is "unrealistic".

At least 1,000 workers may be off the job next week because contractors won't have approval to hoist cranes this weekend, Coletti said. Other construction industry officials told The New York Times that the new rules could cause 2,400 union laborers to be laid off at least temporarily.

Railroads Balk at Crash Prevention Technology

Mon, 22 Sep 2008 00:00:00 -0700

For years, Metrolink, the Southern California commuter rail system involved in a fatal train crash earlier this month, has resisted installing automatic braking and other systems which many say could have lessened the severity of - or even prevented - the fatal accident. Now, a report by The Los Angeles Times recently found that such control systems have been installed in several places around the country where they have worked effectively.

The fatal Metrolink train crash occurred around 4:22 on Sept. 12, near Chatsworth, California, at the west end of the San Fernando Valley. Officials said 220 people were aboard the Metrolink train, which was heading from Union Station in downtown Los Angeles to Ventura County. According to the National Transportation Safety Board (NTSB), the Metrolink train’s engineer failed to stop at the final red signal, which forced the train onto a track with a Union Pacific freight.

Positive train controls range in complexity from sensors and automatic braking systems to sophisticated designs that rely on Global Positioning System technology, computers and digital radio communications. According to the LA Times, positive train controls have been installed on railroads for almost 90 years in the United States. They were first required by the Interstate Commerce Commission in 1920, when 49 railroads were ordered to install train stop systems on some passenger lines. But because of the dramatic decline in train travel in the U.S., many of the systems were removed with the approval of federal regulators.

According to the LA Times, the only part of Metrolink's 388 miles of track that has automatic braking is a stretch in south Orange County that was equipped with the system by another railroad before Metrolink began operation in 1992. Metrolink officials repeatedly have said that such controls have not yet been perfected to the point where they can be installed throughout Southern California's rail system, where 66% of the tracks are shared by freight and passenger trains.

But the NTSB says the systems have been proven in testing and practice. For instance, Massachusetts’ commuter rail system is equipped with sensor technology that was used recently. One day in March, a 112-ton parked freight car came loose and headed toward a commuter rail train carrying 300 passengers during rush hour 3 miles down the track. The technology stopped the commuter train, and though there was a collision, passengers suffered only minor injuries.

The NTSB recommended positive train controls more than 30 years ago. In 1990, the agency added the technology to its list of 10 most wanted safety improvements. In August 1999, the federal Railroad Safety Advisory Committee issued a report stating that out of a sample of 6,400 train accidents of all types, 2,659 accidents could have been prevented had some form of positive train control been implemented.

Agency officials told the LA times that they are frustrated about at the slow pace of developing and applying positive train control technology around the country. They blame a failure of leadership in Washington and the railroad industry, which views positive train control as too expensive.

After LA Train Crash, California Approves Cell Phone Ban

Fri, 19 Sep 2008 00:00:00 -0700

Nearly a week after the crash of a Los Angeles commuter train killed 25 people, California regulators approved a rule banning train operators from using cell phones while on duty. The emergency order, which goes into effect immediately, was approved yesterday by a unanimous vote of the California Public Utility Commission.

The fatal Metrolink train crash occurred around 4:22 last Friday, near Chatsworth, California, at the west end of the San Fernando Valley. Officials said 220 people were aboard the Metrolink train, which was heading from Union Station in downtown Los Angeles to Ventura County. The commuter train was traveling at 42 mph when it ran head-on into a Union Pacific freight train traveling in the opposite direction. According to the National Transportation Safety Board (NTSB), the Metrolink train's engineer failed to stop at the final red signal, which forced the train onto a track where the Union Pacific freight was traveling.

Yesterday, the NTSB confirmed that the engineer, who died in the accident, had been text messaging while working. Shortly after the accident, two teenagers who had befriended the engineer said they had received text messages from him right before the crash. The NTSB's investigation of cell phone has not determined yet if the driver was texting at the time of the crash.

The new California rule imposes an immediate ban on the use of wireless devices by train engineers, conductors and brakemen while on duty. The only exception would be in emergencies, after a train has stopped and permission has been received from superiors.

Metrolink and other commuter railroad in California already have rules banning the use of cell phones and other electronic devices, but they lack enforcement power. Under the order approved Thursday, rail systems operating in California could be fined up to $20,000 per violation if employees are caught using cellphones. In some instances, rail service could be halted. Enforcing the ban will primarily be the responsibility of train services. But spot inspections by state workers will be conducted, and the public will be encouraged to report abuse.

There is currently no federal law banning railroad employees from using electronic devices while working. In 2003, the NTSB urged the Federal Railroad Administration to adopt regulations to control the use of wireless communication devices by railroad employees. The issue is still being studied.

Meanwhile, the NTSB has cautioned that a cause for the train crash - cell phone use or otherwise - has not been determined. In addition to text messaging, the NTSB is also looking at whether driver fatigue may have played a role in the Metrolink crash. Robert Sanchez, the engineer of the doomed train, typically worked five days a week with back-to-back, split-shift schedules that began before dawn and ended at 9 p.m.

After Mississippi River Oil Spill, Coast Guard Promises New Tugboat Rule

Thu, 18 Sep 2008 00:00:00 -0700

In the wake of this summer's Mississippi River oil spill, lawmakers are pressing the Coast Guard to finally implement long-delayed rules to regulate tugboats. At a hearing of the House Subcommittee on Coast Guard and Maritime Transportation, members asked the Coast Guard why the rules - proposed four years ago - were not yet implemented. One lawmaker received a promise from a Coast Guard representative that the new rules would be on the books by the next shipping season.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge -carrying 419,000 gallons of oil - being towed by the tugboat Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The busy river channel was closed for six days to allow for cleanup of the spill.

The barge and tugboat involved in the accident were owned by American Commercial Lines. The tugboat was being staffed by a crew provided by DRD Towing. The pilot operating the Mel Oliver at the time of the collision was not properly licensed to operate a tugboat. That individual had an apprentice mates license, which only allowed him to operate the tugboat under the supervision of a licensed master, who was not onboard the Mel Oliver at time of the accident.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Association, a national trade association for the tugboat, towboat and barge industry.

"It is unfathomable to me that within two weeks, the same company would be involved in two marine casualties while illegally operating towing vessels," Subcommittee Chairman Rep. Elijah Cummings, D-Md, said at Tuesday's hearing.

Four years ago, Congress ordered the Coast Guard to create rules requiring the regular inspection of towing vessels and limits on the number of hours that crew members work each day. None of rules have been issued. Some believe the proposed regulation might have prevented the Mississippi River oil spill.

Thomas Allegretti, president and CEO of the American Waterways Association, told the hearing that with the proposed Coast Guard regulations in place, information that DRD had failed the May safety audit may have been disseminated in a way, and with some consequences, that might have made a difference. As it stands now, the association depends on operators to comply with its rules voluntarily. "It's too easy to look the other way because there are not consequences for ignoring them." Allegretti said.

Rear Adm. James Watson IV, the Coast Guard's Director of Prevention Policy for Marine Safety, Security and Stewardship, said that the new rules would be implemented sometime in 2009. However, Rep James Oberstar, D-Minn., Chairman of the House Transportation Committee pushed for a more specific timeline. Watson said that that the rules would be in place by spring.

But it appears the Congressman may have extracted a promise from the Rear Admiral to have the new rules in place even sooner. "Spring is a long time," Oberstar said. "How about before the shipping season?"

In response to that query, Watson replied "Yes, Sir."

Records Confirm LA Train Crash Engineer Was Text Messaging On the Job

Thu, 18 Sep 2008 00:00:00 -0700

The engineer driving a Metrolink train involved in a fatal Southern California train crash last Friday was text messaging while he worked. However, it is not clear if he was doing so at the time of the accident. The commuter train crashed outside Los Angeles after running a stop signal, killing 25 people and injuring 138.

Over the weekend, an LA TV station reported that two teenage train buffs were claiming that the Metrolink train's engineer, 46-year-old Robert Sanchez - also among those killed in the crash - had been text messaging them in the moments before the crash. The National Transportation Safety Board (NTSB) subpoenaed Sanchez's phone records and on Wednesday issued a statement confirming that he "had sent and received text messages on the day of the accident, including some while he was on duty." Investigators do not yet know what time those messages were sent.

The agency said it also has been in contact with the two teenagers who were exchanging text messages with Sanchez.

Metrolink rules do not allow train operators to use cell phones or other electronic devices while on duty. NTSB has interviewed the Metrolink train conductor who had worked with Sanchez since April, but the conductor did not report any issues with Sanchez's job performance. Sanchez was not an actual Metrolink employee, but was a subcontractor who worked for another company.

News that the train engineer could have been text messaging while operating the train has sparked calls for the cell phone ban. The California Public Utilities Commission, which regulates trains in the state, is scheduled to vote on such an order today.

The fatal Metrolink train crash occurred around 4:22 last Friday, near Chatsworth, California, at the west end of the San Fernando Valley. Officials said 220 people were aboard the Metrolink train, which was heading from Union Station in downtown Los Angeles to Ventura County. The commuter train was traveling at 42 mph when it ran head-on into a Union Pacific freight train traveling in the opposite direction. The impact of the collision rammed the commuter train’s engine backward, jamming it deep into the first passenger car. The Associated Press reported that the Metrolink train was so mangled that some bodies had to be removed in pieces. In addition to the fatalities, 138 passengers were injured.

According to the NTSB, Sanchez for some reason failed to stop at the final red signal, which forced the train onto a track where the Union Pacific freight was traveling. Three signals that should have warned the engineer to stop before hitting a freight train appear to have been working and visible prior to last week’s catastrophic collision, investigators said.

In Wake of LA Train Crash, Cell Phone Ban Considered

Wed, 17 Sep 2008 00:00:00 -0700

Following last week's deadly crash of an LA commuter train that killed 26 people, the California agency that regulates railroads is seeking an emergency order banning train operators from using cell phones. The call for the cell phone ban comes amid speculation that the driver of the doomed Metrolink train was text messaging just prior to the crash, and news that federal regulators are seeking to examine the engineer's cell phone records.

The fatal Metrolink train crash occurred around 4:22 on Friday, near Chatsworth, California, at the west end of the San Fernando Valley. Officials said 220 people were aboard the Metrolink train, which was heading from Union Station in downtown Los Angeles to Ventura County. The commuter train was traveling at 42 mph when it ran head-on into a Union Pacific freight train traveling in the opposite direction. The impact of the collision rammed the commuter train’s engine backward, jamming it deep into the first passenger car. The Associated Press reported that the Metrolink train was so mangled that some bodies had to be removed in pieces. In addition to the fatalities, 138 passengers were injured.

Two teenage train buffs who befriended engineer Robert Sanchez - who was among those killed - told an LA TV station that they received a text message from him a minute before the crash. The National Transportation Safety Board (NTSB) has requested cell phone records to investigate whether Robert Sanchez might have been distracted by text messaging. However, the NTSB said that so far, a cell phone belonging to Sanchez has not been found in the wreckage.

According to the NTSB, Sanchez for some reason failed to stop at the final red signal, which forced the train onto a track where the Union Pacific freight was traveling. Three signals that should have warned the engineer to stop before hitting a freight train appear to have been working and visible prior to last week’s catastrophic collision, investigators said.

News that the train engineer could have been text messaging while operating the train has sparked calls for the cell phone ban. The California Public Utilities Commission, which regulates trains in the state, is scheduled to vote on such an order tomorrow.

"Some railroad operators may have policies prohibiting the personal use of such devices, but they're widely ignored," Michael Peevey, president of the California Public Utilities Commission, told the Associated Press. "Our order would make it the law and we'll go after violators. We owe it to the public."

While Metrolink prohibits rail workers from using cell phones when working, there is no existing federal regulation covering such use. This despite the fact that in 2003, after finding that a an engineer's cell phone use contributed to a fatal May 2002 Texas train crash, the NTSB recommended that the Federal Railroad Administration regulate the use of cell phones by railroad employees.

Mississippi River Oil Spill Drug and Alcohol Test Results Revealed

Tue, 16 Sep 2008 00:00:00 -0700

Officials investigating the Mississippi River oil spill received the results of drug and alcohol tests performed on the crew of the Mel Oliver, the tugboat involved in the accident. The New Orleans Times-Picayune is reporting that while the apprentice steersman operating the vessel at the time of the collision was clean, a deckhand tested positive for an illicit substance. Tests on the crew of the other ship involved in the oil spill, the chemical tanker Tintomara, were all negative.

The Mississippi River oil spill occurred on July 23 when the Tintomara and the barge -carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The busy river channel was closed for six days to allow for cleanup of the spill.

According to the Times-Picayune, the Coast Guard provided the information on the drug and alcohol testing to the House Subcommittee on Coast Guard and Maritime Transportation. The subcommittee is scheduled to hold a hearing today focusing on ways to strengthen enforcement efforts aimed at making sure qualified personnel are operating tugboats.

The barge and tugboat involved in the accident were owned by American Commercial Lines. The tugboat was being staffed by a crew provided by DRD Towing. John Bavaret, the pilot operating the Mel Oliver at the time of the collision, was not properly licensed to operate a tugboat. Bavaret had only an apprentice mates license, which only allowed him to operate the tugboat under the supervision of a licensed master, who was not onboard the Mel Oliver at time of the accident.

There were no drugs or alcohol in Bavaret's system at the time of the oil spill, according to tests conducted by the Coast Guard. One of the deckhands onboard at the time also tested negative, but a second did test positive for drugs.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 18, only a few miles from last weeks spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

The Times-Picayune is also reporting that four years ago, staff from DRD Towing was also operating the tugboat Mr. Craig, which lost control of a barge and punched the Eagle Memphis, causing 2,100 gallons of crude oil to sill from the into the Mississippi near Algiers Point.

According to the Times-Picayune, American Commercial Lines has also had problems in the past. Between 2000 and 2008, American Commercial Lines was managing owner of equipment involved in incidents in which eight people died or went missing. With the exception of a 2001 accident involving Brown Water Towing, no other company has had a higher toll.

At a news conference in July, Paul Book, vice president of operations facilities for American Commercial Lines Inc. affirmed that his company would take responsibility for the cost of the oil spill cleanup. However, Book said American Commercial Lines was not responsible for the incident that caused the spill. “We were not the operator of the towing vessel nor the operator of the ship,” Brook said.

Fatal LA Train Crash Could Have Been Prevented with New Safety System, Feds Say

Tue, 16 Sep 2008 00:00:00 -0700

The death toll from last week's Los Angeles commuter train crash has now reached 26, making it the worst U.S. rail accident in the past 15 years. Now, federal officials have gone on record as saying the tragedy could have been prevented with the installation of new safety technology which most railroads have refused to use.

The fatal Metrolink train crash occurred around 4:22 on Friday, near Chatsworth, California, at the west end of the San Fernando Valley. Officials said 220 people were aboard the Metrolink train, which was heading from Union Station in downtown Los Angeles to Ventura County. The commuter train was traveling at 42 mph when it ran head-on into a Union Pacific freight train traveling in the opposite direction. The impact of the collision rammed the commuter train’s engine backward, jamming it deep into the first passenger car. The Associated Press reported that the Metrolink train was so mangled that some bodies had to be removed in pieces.

According to the National Transportation Safety Board (NTSB), the engineer at the helm of the Metrolink train failed to stop at the final red signal, which forced the train onto a track where the Union Pacific freight was traveling. Three signals that should have warned the engineer to stop before hitting a freight train appear to have been working and visible prior to last week's catastrophic collision, investigators said.

Right now, the NTSB's investigation is focusing on whether or not the engineer - who died in the crash - was text messaging at the time. Two teenage train buffs who befriended him told an LA TV station that they received a text message from him a minute before the crash. The Board has requested cell phone records to investigate whether Metrolink engineer Robert Sanchez might have been distracted by text messaging.

Meanwhile, an NTSB official used the accident as an opportunity to criticize railroads for refusing to install new technology that could have prevented the crash. The system, known as positive train control, monitors train location and speed using satellite-based positioning systems and digital communication. It can engage the brakes if a train fails to heed signals or gets on the wrong track. According to the Associated Press, the technology is in use on only 2,600 miles of track out of about 140,000 miles nationwide. Railroads have resisted it because of cost.

"Many times in this country, we regulate by counting tombstones," Barry M. Sweedler, former director of the Office of Safety Recommendations for the NTSB, told the Associated Press. "Unfortunately, it takes a tragedy like this with many people dead for action to take place, even though people in the know knew what needed to be done and didn't do it," he said.

In addition to costs, railroads argue that the technology has not been fully tested. But the NTSB says the system has been proven in testing and practice. According to the Associated Press, Massachusetts' commuter rail system is equipped with sensor technology. It was used in March, when a 112-ton parked freight car came loose and headed toward a commuter rail train carrying 300 passengers during rush hour 3 miles down the track. The technology stopped the commuter train, and though there was a collision, passengers suffered only minor injuries.

Firms Cited in Fatal New York City Crane Collapse

Tue, 16 Sep 2008 00:00:00 -0700

A federal agency investigating March's fatal New York City crane collapse that killed 7 people has issued citations to three construction companies. In doing so, the Occupational Safety and Health Administration (OSHA) fined the companies a total of $313,500.

The New York City crane collapse occurred on the east side of midtown Manhattan the afternoon of March 15. The crane was being used in the construction of a 43-story luxury apartment building. The crane broke into pieces as it crashed down onto 51st street, not far from the United Nations Building. The crane collapse destroyed a townhouse, and seriously damaged five other buildings. The New York City crane collapse killed six workers from the construction site, as well as a Florida woman visiting the city who was staying with a friend in the destroyed townhouse.

Yesterday, OSHA announced it was citing Reliance Contractors Group, the general contractor; Rapetti Rigging Services, Inc., the crane erector; and Joy Contractors Inc., the concrete subcontractor on the project, in the accident. The charges against the companies included failure to properly train employees about job site hazards and allowing hazards to exist.

OSHA handed down the toughest penalties to Rapetti Rigging. The agency said Rapetti had failed to comply with the crane manufacturer's specifications when erecting and raising the steel tower. The failure of the company to inspect the nylon slings and notice pre-existing cuts and snags was one of three factors that led to the collapse, OSHA said. The citations against Rapetti include three willful violations, the most severe issued by the agency, and five serious violations. Rapetti's fines totaled $220,000.

According to OSHA, Reliance Construction Group was issued 11 citations totaling $19,500 in proposed penalties. Joy Contractor was issued one repeat and 14 serious citations worth $74,000. They were cited for a range of issues unrelated to the March 15 crane collapse that were uncovered in an inspection after the accident.

"Ultimately, the crane collapse was a failure to follow basic, but essential, construction safety processes," Richard Mendelson, area director of the OSHA, said in a statement.

The March collapse, and another that killed 2 people in May, has painted an unflattering picture of the way construction sites in New York city are regulated. Following the March incident, a city inspector - who allegedly had lied about inspecting the doomed crane in the weeks before the collapse - was arrested for falsifying records. The March crane collapse also led to the resignation of New York City Buildings Commissioner Patricia Lancaster. A criminal investigation into the May accident is ongoing.

According to city records, the crane rigging license of William Rapetti - owner of Rapetti Rigging and its only full-time employee - expired in July. The New York City Buildings Department has placed a hold on it, in case he seeks to renew it.

LA Commuter Train Crash Kills 25

Mon, 15 Sep 2008 00:00:00 -0700

A Los Angeles commuter train crash last Friday killed 25 people and injured 138. Federal investigators are now on the scene of the grisly accident, trying to determine why the Metrolink train ran past stop signals and crashed head-on into an incoming freighter.

The fatal Metrolink train crash occurred around 4:22 on Friday, near Chatsworth, California, at the west end of the San Fernando Valley. Officials said 220 people were aboard the Metrolink train, which was heading from Union Station in downtown Los Angeles to Ventura County. The impact of the collision rammed the commuter train's engine backward, jamming it deep into the first passenger car. The Associated Press is reporting that the Metrolink train was so mangled that some bodies had to be removed in pieces.

The commuter train was traveling at 42 mph at the time of the crash. Investigators from the National Transportation Safety Board (NTSB) said on Sunday that the Metrolink train failed to stop at the final red signal, which forced the train onto a track where the Union Pacific freight was traveling in the opposite direction.

"The Metrolink train went through the signal, did not observe the red signal and essentially forced open this section of the switch," member Kitty Higgins said Sunday night. "The switch bars were bent like a banana. It should be perfectly straight."

Higgins said that investigators have yet to determine whether the signal was working properly. However, she said that obeying signals on the track was the responsibility of the engineer driving the train.

The NTSB also said that investigators would be looking at the cell phone records of the train's engineer, who was killed in the collision. A Los Angeles TV station has reported that two 14-year-old boys had received a text message from the engineer in the moments before the crash. The boys' cell phone records are also being sought by the NTSB.

According to Metrolink, one of its dispatchers tried to warn the commuter train that it was heading for a crash with the freight train, but by the time the conductor on the Metrolink got the message, the collision had already occurred. However, the NTSB reported an alternative version of events, saying that the Metrolink conductor called in the crash before the dispatcher could issue the warning.

Higgins also said that audio recordings from the commuter train indicate a period of silence as it passed the last two signals before the fiery wreck, a time when the engineer and the conductor should have been going through verbal safety checks.

Friday's LA train crash was the deadliest since Amtrak's Sunset Limited plunged off a trestle into a bayou near Mobile, Ala., in September 1993. Forty-seven people were killed in that crash.

California Wild Fires Blamed on Power Lines

Thu, 04 Sep 2008 00:00:00 -0700

Poorly maintained power lines have been blamed for three destructive California wildfires that occurred last year. Now, state regulators are considering levying financial penalties against San Diego Gas & Electric and Cox Communications, the companies that owned the power lines.

Power lines are not a frequent cause of wildfires in the state - The New York Times reports that they are implicated in about 2 to 3 percent of such blazes. But when power lines do cause wildfires, the results can be devastating. That's because the lines sit on high towers located on remote, windy and hard-to-access terrain.

A new report by investigators for the California Public Utilities Commission says that damaged power lines started last year's Guejito, Witch and Rice fires. Those three fires, which occurred last October, burned more than 207,000 acres, destroyed 1,141 homes, damaged scores of others, killed 2 people and injured 40 firefighters. According to The New York Times, the Utilities Commission's report echoes another released in July by the California Department of Forestry and Fire Protection.

According to the report, the Guejito fire started when an improperly maintained Cox line came into contact with a San Diego Gas & Electric conductor. The Witch fire was attributed to two of the utility’s lines coming into contact, and the Rice fire began when a tree limb, which investigators suggested should have been trimmed, fell onto a utility line.

The investigation also alleges that San Diego Gas & Electric obstructed the Commission's investigation by delaying access to witnesses, sites and other evidence. "The S.D.G. & E. representative refused to answer specific questions about the fire/incident and informed me that he was only available to show me the site,” an inspector wrote of his visit to the scene of one of the fires.

The Utilities Commission now has to review the investigation's findings. Once it does, the Commission could impose financial penalties against both Cox and San Diego Gas & Electric.

San Diego Gas & Electric already faces a lawsuit filed by the city of San Diego that blames it for the fires. On Tuesday, the city's attorney told The New York Times that, because of the Commission's report, he would be adding Cox to the lawsuit.

Recently, a downed power line was cited as the cause of a fire in Malibu in October. As a result, there have been calls by some to find ways to lessen power line dangers, including burying lines located in high risk areas. But such a proposition is expensive. According to The New York Times, a study two years ago by the industry group Edison Electric Institute estimated that putting existing lines underground would cost around $1 million per mile. Most of that expense, of course, would fall on rate payers, the group said.

Staten Island SUV Rollover Lawsuit Results in $8.6 Million Judgment Against Ford

Wed, 03 Sep 2008 00:00:00 -0700

Two victims of an SUV rollover accident have been awarded $8.6 million for the psychological damage they suffered as a result of the tragedy, which also killed two of their relatives. The decision by a Staten Island, New York judge reverses the decision made by a jury five months ago, which had found that Ford Motor Credit Company and Ford Motor Company were not liable for the death of Gary Motelson's older son or the injuries Motelson and his younger son suffered. Ford Motor Credit was the owner and lessor of the SUV, while Ford Motor manufactured the vehicle.

The accident in question occurred in July of 2001, while Motelson and his sons were among four passengers in a 1998 Explorer driven by Gary's father, Steven Motelson. They were returning from a Boy Scout camping trip when the vehicle overturned on Route 17 in upstate New York. Steven Motelson was killed, as was Gary's 9-year-son. Another 21-year-old passenger, Gary Motelson and his 5-year-old boy survived.

In their lawsuit, the Motelson's claimed that the SUV suddenly accelerated and lost its brakes as Steven Motelson struggled to regain control. Ford blamed the crash on the driver, claiming that the elder Motelson allowed the vehicle to drift off the road. The company said the SUV went careening when he overcompensated on the steering wheel.

In March, a jury found that a defectively designed roof-support system on the SUV caused Steven Motelson's death, and awarded $6.5 million to his widow and estate. But the jury said that the Ford SUV was not to blame for injuries sustained by Gary Motelson and his son, or for the death of his oldest son.

In the case of the boys - as well as the other passenger - the jury found that none were wearing their seatbelts when they were ejected from the SUV. Gary Motelson was sitting in the passenger-front seat, where the roof did not fail, according to the jury.

But Justice Joseph J. Maltese said jurors in March had failed to consider the "extreme emotional distress" that the plaintiffs suffered as a result of witnessing their loved ones' deaths, while they were also exposed to the same dangerous conditions in the Ford vehicle.

Maltese awarded Gary Motelson $3.2 million and his younger son $5.4 million for medical and psychiatric care, as well as for past and future pain and suffering. The Judge wrote that while jurors had found Ford not responsible for the younger boy's physical injuries, the panel "failed to discern the difference" between those injuries and the psychological trauma he endured in witnessing the death of his older brother and grandfather. The boy was in the so-called "zone of danger," which legally means, he, too, was threatened with bodily harm created by the defendant's negligence and entitled to compensation, the judge said.

"As to the extreme emotional distress suffered by [the boy], it is irrelevant whether he was wearing a seat belt," Maltese wrote in his 19-page decision.

The judge said Gary Motelson, likewise, was entitled to recover damages. He also awarded $150,000 to Gary Motelson's wife for loss of consortium.

Maltese also reduced the award the jury granted to the widow and estate of Steven Motelson. He cut the award to the estate by $173,000, to $1.3 million, ruling that the jury had overestimated the victim's potential future earnings. He also reduced. Motelson's widow's award from $5 million to $3.7 million, saying part of it duplicated the estate award.

In total Ford has been ordered to pay $13.8 million to the various plaintiffs, but that amount could grow. That's because Ford must also pay statutory interest of 9 percent going back to the date of incident and the filing of the lawsuit in 2001. If the award is upheld on appeal - and Ford says it does plan to appeal the verdict - it would be largest judgment ever issues by a Staten Island Court in a single incident.

Bayer Plant Explosion Leaves One Dead in West Virginia

Fri, 29 Aug 2008 00:00:00 -0700

An explosion at a Bayer chemical plant outside of Charleston, West Virginia last night has killed one worker and injured another. The Bayer CropScience plant manufactures pesticides, and officials were urging residents in several communities nearby to stay in their homes Thursday night as a precaution.

According to the Charleston Daily Mail, the worker killed in the explosion was identified as Barry Withrow, of Cross Lanes, who worked at the plant for more than 20 years. Emergency crews recovered his body between 3 and 4 a.m. this morning.

A second employee was injured and transported to the West Penn Burn Center in Pittsburgh. That person has not been identified.

The explosion happened about 10:25 last night, and was felt at least a mile away. A fire blazed for several hours, and fire crews worked into the morning to contain it.

According to a spokesperson for Bayer, the explosion occurred in a section of the plant where waste products are treated before disposal. The unit had been closed for maintenance and was restarted earlier in the week

"There was a chemical release in the immediate area of the structure which developed into a fire several minutes later," stated a Bayer press release. "The fire was brought under control by emergency response personnel from the site, and was extinguished at about 2 a.m. after operations employees completed the isolation of the operating equipment.

A Bayer official told the Daily Mail that quality tests conducted around the site determined that no harmful chemical exposure resulted from the blaze. He said people in the area may smell a foul odor, but there are no harmful effects.

The Daily Mail reported that the chemical involved in the Bayer plant explosion was methomyl, which is used to make pesticides. According to the U.S. Environmental Protection Agency, methomyl is a highly toxic. But a Bayer official maintained that no toxins were exposed to the air because of a decomposition reaction.

Other chemicals involved in the explosion were dimethyl disulfide, methylisobutylketone and hexane, All three are "harmful irritants, according to the Daily Mail.

The Bayer CropScience plant also produces methyl isocyanate, which killed at least 15,000 people in a leak in Bhopal, India, in 1984. But fortunately, that chemical was stored underground, far from the site of the explosion.

According to CNN, emergency officials in Kanawha County at first ordered people to stay inside in the cities of South Charleston, Cross Lane, Dunbar and St. Albans. Authorities lifted the order about 2:15 a.m. after the Bayer CropScience plant told the county that the explosion did not send contaminants into the air.

West Virginia State University, which is adjacent to the plant, did not cancel classes today.

Dangerous Buses Still on the Road Thanks to Poor Oversight

Tue, 26 Aug 2008 00:00:00 -0700

Following a fatal Texas bus crash earlier this month, federal authorities have been cracking down on bus companies with spotty safety records. But according to a report in The Houston Chronicle, revoking a rogue bus company's license to operate might not be enough to guarantee public safety.

The August 8th Texas bus accident, which killed 17 people, was the nation’s deadliest bus crash since 2005. The charter bus, owned by a company called Iguala Busmex, was taking a group of Vietnamese Catholics to a religious festival in Missouri. The vehicle blew an illegally treaded tire, skidded off the highway and overturned. In addition to the deaths, 38 people were injured.

Iguala Busmex was an offshoot of another Texas bus company, Angel Tours, and both were operated by Angel De la Torre. Following the crash, it was learned that De la Torre opened Iguala Busmex three days after federal investigators banned Angel Tours from interstate travel after finding safety violations. Despite those violations, Iguala Busmex was able to receive a U.S. Department of Transportation (USDOT) number. However, the company had not yet been approved for operation at the time of the accident.

Officials in Texas admit that they do not know how many other bus companies might be operating under new names to get around operating bans the way De la Torre did. But it could be a lot.

According to the Houston Chronicle, around 300 bus companies are legally operating in Texas. Carol Davis, director of the Texas Department of Transportation's (TXDOT) motor carrier division, told the newspaper that two of every five Texas charter bus companies have been ordered off the road in the last two years. She said state officials were trying to find out how many revoked companies were operating under a different name.

Davis said that by late September, TXDOT will begin posting complaints filed against bus companies on its Web site.

Since the August 8 accident, the Federal Motor Carrier Safety Administration (FMCSA) has also been cracking down on questionable bus companies. Late last week, it ordered Autobuses Rio Verde of Irving, Texas to cease interstate operations because of its links to Green River Buses LLC of Dallas. According to the Associated Press, Autobuses Rio Verde was involved in at least two deadly accidents - the most recent on July 3 - in Mexico before being shut down.

According to the FMCSA, Autobuses Rio Verde and Green River Buses had vehicles, drivers and management in common. Autobuses Rio Verde owner Marco Vasquez previously was the terminal manager for Green River Buses, while Green River Buses owner Luis Patino was manager and safety director for Autobuses Rio Verde.

Autobuses Rio Verde was given permission by the FMCSA to begin operations on June 5, a mere six weeks after Green River Buses was ordered to stop doing business because of an unsatisfactory safety rating, according to the agency.

Owner in Texas Bus Crash Reportedly Cut Corners, Racked Up Violations

Mon, 25 Aug 2008 00:00:00 -0700

An insurance company attorney said that an illegally treaded tire responsible for a fatal Texas bus crash earlier this month was already installed on the vehicle when it was purchased. But others who know Angel De la Torre, the owner of the bus, say he regularly cut corners in order to maximize profit at his company, Iguala Busmex. A Houston newspaper is also reporting that, according to records in Texas, De la Torre's bus companies and drivers also amassed a large number of both safety and moving violations.

The August 8th Iguala Busmex accident, which killed 17 people, was the nation’s deadliest bus crash since 2005. The charter bus, taking a group of Vietnamese Catholics to a religious festival in Missouri, blew an illegally treaded tire, skidded off the highway and overturned. In addition to the deaths, 38 people were injured.

According to the Dallas Morning News, Keena Greyling, a lawyer who represents the insurance company that issued De la Torre's coverage, said the tire was on the bus in July when he bought the used 2002 model from Motor Coach Industries. A spokesperson for Motor Coach Industries told the Houston Chronicle that Greyling's assertions are false.

Others familiar with De la Torre's operations told the Chronicle that he habitually cut corners. Several people, including one drive who worked as a driver for De la Torre, said he failed to screen his drivers and allowed them to work longer than legally allowed.

According to the Houston Chronicle, an earlier bus company owned by De La Torre - Angel Tours - had amassed a number of driver, safety equipment and mechanical violations. Drivers have been ticketed 13 times for at least 65 violations - including faulty brakes, leaking fuel lines, chafed brake hoses, leaking or bald tires, cracked windshields and discharged fire extinguishers - by Texas Department of Public Safety troopers since 2005.

Ten of De la Torres drivers amassed a total 23 tickets or moving violations, including six speeding tickets, eight citations for not carrying insurance on their personal vehicles, two DWI convictions, and a ticket for careless driving in Louisiana, the Chronicle reported.

The man at the helm of the bus that crashed on August 8, 52-year-old Barrett Wayne Broussard, had been cited by police three times since 2001 for motor vehicle violations — once for driving while intoxicated and twice for speeding. Broussard has also failed roadside inspections twice in the last year, both times resulting in his vehicle being taken out of service for driver logbook violations. When the second violation occurred, Broussard was driving for Angel Tours.

According to a Dallas Morning News report, De la Torre opened Iguala Busmex three days after federal investigators banned Angel Tours, from interstate travel after finding safety violations. Despite those violations, Iguala Busmex was able to receive a U.S. Department of Transportation (USDOT) number. However, the company had not yet been approved for operation at the time of the accident.

Following the tragedy, the Federal Motor Carrier Safety Administration (FMCSA) said that “grossly deficient vehicle maintenance” contributed the accident. The agency ordered Iguala Busmex, and Angel Tours to cease commercial operations, after finding that the companies posed an “imminent hazard.” A second order issued to De la Torre, said that his “activities in connection with motor carrier operations pose an ‘imminent hazard’ to the public.”

Third Texas Bus Accident This Month

Fri, 22 Aug 2008 00:00:00 -0700

Although the Federal Motor Carrier Safety Administration (FMCSA) reports that Transportes Los Norteños remains in compliance with national transportation statutes, federal regulators are reviewing the carrier after a harrowing accident in Dallas late Wednesday, the second involving the company in two days. The company has had faulty buses placed out of service 41 times since 2006.

Reports indicate that the driver of the Transportes bus raced for the nearest interstate exit after his brakes appeared to fail, said Kimberlee Leach, spokeswoman for the Dallas County Sheriff's Office. "Hold on!" driver Bernardo Lopez Laurel reportedly warned the 37 passengers aboard the bus, according to Leach, just before it raced along a frontage road and through an intersection before crashing into a vacant gas station. Seconds before, one male passenger jumped out a window, breaking his leg. Another half-dozen passengers were treated at the scene. The day before, another Transportes bus caught fire. In the 41 times that federal or state inspectors stopped or examined Transportes buses since 2006, they were found to be so deficient that they were placed "out of service."

A Transportes bus with the same vehicle identification number as the one in Wednesday’s crash appears to have been inspected at least 15 times in the last two years or more, according to the FMCSA. Also, a bus with the same license plate as that crash was inspected last year and was found to have inadequate brakes and was put out of service. "We're doing a compliance review on them," FMCSA spokeswoman Kristin Schrader said.

According to federal records, Transportes is owned by Hugo Campa and is located at 5621 Harrisburg Blvd. Another bus company at that location, Autobuses Regiomontanos, is owned by Campa's brother, Jose Campa. "He (Hugo Campa) just gets his mail here. I keep his records because I know him," said Nadia Luevano, an Autobuses Regiomontanos employee who added that Transportes does not keep its buses in Houston; they are kept in Monterrey, Mexico. A year ago, a compliance review was conducted on Transportes Los Norteños after the company received several insurance cancellations in a row.

This is the third major incident in nearly three weeks involving Houston-based bus operators. On August 8, a bus carrying 55 Vietnamese-American churchgoers from Houston to Missouri for a religious celebration crashed through a guardrail after a tire blew, killing 17 people. That accident is considered the nation’s deadliest since 2005. Initial reports said the bus blew an illegally treaded tire, skidded off the highway, and overturned. That bus was registered to Iguala Busmex; Angel De La Torre owns the Houston-based company. According to the Dallas Morning News, De La Torre opened Iguala Busmex three days after federal investigators banned one of his other companies, Angel Tours, from interstate travel after finding safety violations. Apparently, that is perfectly legal under current federal motor carrier regulations. Iguala Busmex received a U.S. Department of Transportation (USDOT) number but was not approved for operation at the time of the accident.

Second Texas Bus Accident Lawsuit Filed

Tue, 19 Aug 2008 00:00:00 -0700

Another lawsuit has been filed in the Texas bus crash that killed 17 people earlier this month. The complaint, filed by the estate of Cham Nguyen, alleges that negligence on the part of the owner and driver of the bus, as well as the vehicle's manufacturer, caused her death.

The August 8th bus accident was the nation’s deadliest since 2005. The charter bus, taking a group of Vietnamese Catholics to a religious festival in Missouri, blew an illegally treaded tire, skidded off the highway and overturned. In addition to the deaths, 38 people were injured.

The bus involved in the accident was registered to Iguala Busmex. The Houston-based company is owned by Angel De La Torre. According to the Dallas Morning News, De La Torre De la Torre opened Iguala Busmex three days after federal investigators banned one of his other companies, Angel Tours, from interstate travel after finding safety violations. Despite those violations, Iguala Busmex was able to receive a U.S. Department of Transportation (USDOT) number. However, the company had not yet been approved for operation at the time of the accident.

The 52-year-old driver of the bus, Barrett Wayne Broussard, had been cited by police three times since 2001 for motor vehicle violations — once for driving while intoxicated and twice for speeding. Broussard has also failed roadside inspections twice in the last year, both times resulting in his vehicle being taken out of service for driver logbook violations. When the second violation occurred, Broussard was driving for Angel Tours. Broussard, who was injured in the bus accident, is still hospitalized in critical condition.

Following the tragedy, the Federal Motor Carrier Safety Administration (FMCSA) said that “grossly deficient vehicle maintenance” contributed the accident. The agency ordered Iguala Busmex, and Angel Tours to cease commercial operations Sunday, after finding that the companies posed an “imminent hazard.” A second order issued to De La Torre, said that his “activities in connection with motor carrier operations pose an ‘imminent hazard’ to the public.”

The Nguyen lawsuit is at least the second stemming from the Texas bus crash. Last week, a man whose wife was injured in the crash also filed suit. His wife was the daughter of Cham Nguyen. Nguyen's other daughter, Catherine Tran, also died in the crash.

Tanker Lookout Testifies at Mississippi River Oil Spill Hearing

Fri, 15 Aug 2008 00:00:00 -0700

The lookout of the tanker Tintomara gave his version of events leading up to last month's Mississippi River oil spill during a hearing in New Orleans yesterday. Gilberto Guevarra's account backed up that given by the Tintomara's captain on Wednesday, and again placed blame for the oil spill on the tugboat Mel Oliver.

The Mississippi River oil spill occurred on July 23 when the Tintomara and the barge -carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi.

According to his testimony, lookout Guevarra was standing near the head of the ship as it began its trip down the Mississippi at midnight July 23. Guevarra said he became alarmed when he saw a green light, indicating a vessel's starboard side, ahead in the water. The sighting meant that the Mel Oliver was turning in front of the Tintomara.

According to Guevarra, the Tintomara began sounding its warning whistle before he even had time to notify the bridge of the problem, meaning that the tanker's captain, Jan Stefan Bjarve, had already spotted the tugboat.

Guevarra's testimony backed up the captain's version of events. On Wednesday, Bjarve told the hearing that 1:30 a.m. on June 23, the Mel Oliver suddenly veered into the path of the Tintomara. Bjarve said the Mel Oliver did not signal the turn, nor did vessel traffic controllers issue any warnings.

Bjarve said he tried to warn the Mel Oliver repeatedly of the impending danger, but got no response. The day Bjarve testified, the Coast Guard also played radio transmission recordings from that night that back up Bjarve’s claims that he tried desperately to warn the Mel Oliver without success.

At the end of yesterday's proceeding, the Coast Guard suspended further testimony. The hearing had started at an earlier point in the investigation than is customary because the Coast Guard wanted to question the Tintomara's foreign crew, and allow them to return to their home countries.

The hearing could resume as early as next week, but no date has been set yet. When the hearing does restart, it is expected that testimony will be taken from members of the Mel Oliver's crew. Among those likely to be called are Terry Carver, master pilot of the Mel Oliver, and John Bavaret, the tug's apprentice mate.

At the time of the collision, Bavaret was piloting the Mel Oliver, despite lacking the proper license to do so. Carver, who should have been onboard, was nowhere to be found.

Tanker Captain Pins Mississippi River Oil Spill on Tugboat

Thu, 14 Aug 2008 00:00:00 -0700

On the first day of a hearing into last month's Mississippi River oil spill, the pilot of the tanker involved in the incident said that the tugboat Mel Oliver was to blame for the collision that caused the disaster. The hearing, which resumes today, is trying to determine blame for the oil spill.

Captain Jan Stefan Bjarve was piloting the tanker Tintomara, along with Louisiana river pilot Chester Gould, at the time of the oil spill. Bjarve told the hearing that the Tintomara had begun its trip down the Mississippi at midnight. He described the evening as being "calm", and said the weather was pleasant. But at 1:30 a.m. the Mel Oliver suddenly veered into the path of the Tintomara. Bjarve said the Mel Oliver did not signal the turn, nor did vessel traffic controllers issue any warnings.

Bjarve said he tried to warn the Mel Oliver repeatedly of the impending danger, but got no response. The Coast Guard played radio transmission recordings from that night that back up Bjarve's claims that he tried desperately to warn the Mel Oliver without success.

At the time of the collision, the Mel Oliver was being piloted by John Bavaret, the ship's apprentice mate. Bavaret did not have the proper license to pilot a tugboat. Terry Carver, master license pilot of the Mel Oliver, should have been in charge of the vessel but was nowhere to be found when the accident occurred.

Under questioning, Bjarve admitted that he did not order the Tintomara to anchor once he became aware of the danger. Bjarve said that he was concerned that, because of the tanker's massive size and speed, anchoring quickly might only make things worse.

The hearing into the Mississippi River oil spill is scheduled to resume this morning. Gilberto Guevarro, the Tintomara's lookout and anchor watch, is scheduled to testify today.

Once the hearing concludes, the Coast Guard will work on issuing a final report, which could recommend taking action against the parties found to be responsible for the oil spill. Those consequences could range from fines to criminal charges.

Fatal Texas Bush Crash Yields Lawsuit

Thu, 14 Aug 2008 00:00:00 -0700

A man who lost two family members in last week's Texas bus crash is suing the maker of the vehicle, as well as its driver and owner. Plaintiff Lau Pham's mother-in-law, Cham Nguyen, and sister-in-law, Catherine Tran, were among the 17 who died as a result of the accident last Friday morning. His wife, Bich Ngoc Tran., was also injured in the tragedy.

Friday's bus accident was the nation's deadliest since 2005. Initial reports said that the charter bus blew an illegally treaded tire, skidded off the highway and overturned.

The bus involved in the accident was registered to Iguala Busmex. The Houston-based company is owned by Angel De La Torre. According to the Dallas Morning News, De La Torre De la Torre opened Iguala Busmex three days after federal investigators banned one of his other companies, Angel Tours, from interstate travel after finding safety violations. Apparently, that is perfectly legal under current federal motor carrier regulations. Iguala Busmex had received a U.S. Department of Transportation (USDOT) number but had not been approved for operation at the time of the accident.

Following Friday’s tragedy, the Federal Motor Carrier Safety Administration (FMCSA) said that “grossly deficient vehicle maintenance” contributed the accident. The agency ordered Iguala Busmex, and Angel Tours to cease commercial operations Sunday, after finding that the companies posed an “imminent hazard.” A second order issued to De La Torre, said that his “activities in connection with motor carrier operations pose an ‘imminent hazard’ to the public.”

Earlier this week, authorities released the driving record of the bus driver, 52-year-old Barrett Wayne Broussard. Since 2001, he has been cited by police three times — once for driving while intoxicated and twice for speeding. Broussard has also failed roadside inspections twice in the last year, both times resulting in his vehicle being taken out of service for driver logbook violations. When the second violation occurred, Broussard was driving for Angel Tours. Broussard, who was injured in the bus accident, is still hospitalized in critical condition.

Pham's lawsuit, filed in state district court in Texas, is asking for unspecified actual and punitive damages. It names Angel de la Torre and his bus firms Angel Tours Inc., Iguala BusMex Inc. and Iguala Bus Ltd. Co. as defendants. Also included were the bus driver and Motor Coach Industries Inc., the bus manufacturer. The lawsuit cites the defendants with negligence.

State District Judge John T. Wooldridge has already granted a request included in the suit that prevents the bus or other evidence from being altered until Pham's attorneys and their accident experts can investigate them. A hearing on the lawsuit is scheduled for August 25.

Postponed Mississippi River Oil Spill Hearing Scheduled to Begin Again Today

Wed, 13 Aug 2008 00:00:00 -0700

Yesterday's hearing into the Mississippi River oil spill was postponed shortly after it began. The Coast Guard stopped the proceeding after lawyers for DRD Towing, the owner of a tugboat involved in the incident, asked for more time to examine exhibits slated to be presented at the hearing.

The only new information to come out of the hearing yesterday was the list of people named in the oil spill investigation. They include John Bavaret, the apprentice mate who was piloting the tugboat Mel Oliver when it collided with the tanker Tintomara. Bavaret did not have the proper license to pilot a tugboat. Terry Carver, master license pilot of the Mel Oliver was also on the list. Carver should have been in charge of the vessel but was nowhere to be found when the accident occurred.

The hearing is scheduled to begin again this morning, with the Coast Guard saying it expects the proceeding to last between two and three days.

The Mississippi River oil spill occurred on July 23 when the Tintomara and the barge being towed by the Mel Oliver collided. The barge, carrying 419,000 gallons of fuel oil - split in half, spilling much its cargo into the river.

It is estimated that about 250,000 gallons of oil actually spilled into the Mississippi. The busy river channel was closed for six days to allow for cleanup of the spill. Even now, ships must move slowly to avoid disrupting the continuing cleanup.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the Tintomara to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsibility for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant.

Once today's hearing is over, the Coast Guard could officially assign blame for the accident. According to the New Orleans Time-Picayune, the Coast Guard has been in discussions with the U.S. Justice Department, but will not recommend any charges against the crew members or companies involved in the oil spill until its investigation is complete.

Legal Loophole Cited in Texas Bush Accident Probe

Wed, 13 Aug 2008 00:00:00 -0700

Last week's fatal Texas bus crash has prompted federal authorities to temporarily cease all approvals for new bus companies. That's because a loophole in federal regulations allowed banned bus companies to re-open under new names.

Friday’s crash claimed the lives of 17 Vietnamese Catholics on their way to a religious festival. Dozens of others were injured. Six of the survivors, including the bus driver, remained in critical condition as of Monday. Initial reports say that the charter bus blew an illegally treaded tire, skidded off the highway and overturned. The bus accident was the nation’s deadliest since 2005.

The bus involved in the accident was registered to Iguala Busmex. The Houston-based company is owned by Angel De La Torre.

Following Friday's tragedy, the Federal Motor Carrier Safety Administration (FMCSA) said that “grossly deficient vehicle maintenance” contributed the accident. The agency ordered Iguala Busmex, and another company owned by De La Torre, Angel Tours Inc., to cease commercial operations Sunday, after finding that the companies posed an “imminent hazard.” A second order issued to Angel De La Torre, said that his “activities in connection with motor carrier operations pose an ‘imminent hazard’ to the public.”

According to the Dallas Morning News, De La Torre De la Torre opened Iguala Busmex three days after federal investigators banned Angel Tours from interstate travel after finding safety violations. Apparently, that is perfectly legal under current federal motor carrier regulations. Iguala Busmex had received a U.S. Department of Transportation (USDOT) number but had not been approved for operation at the time of the accident.

The FMCSA typically approves 100 new bus company applications every month. But John H. Hill, administrator of the FMCSA, told the Dallas Morning News that until his agency can get a better handle on whether other operators are attempting the same thing as De La Torre, all new applications will be halted.

Still, a Texas transportation official told the Morning News that even if the loophole had been closed, the accident might still have occurred because De La Torre had no interest in following the law. Tom Vinger, a spokesman for the Texas Department of Public Safety pointed out that even though De La Torre obtained a USDOT number for his new company, he had not yet been given authority to operate his buses, but did so in violation of the law.

Yesterday, the Houston Chronicle reported that the Harris County District Attorney is considering filing criminal charges against De La Torre. The last time a Texas bus operator was subject to prosecution followed the 2005 Hurricane Rita bus crash near Dallas that killed 23 nursing home patients. Owner Jim Maples was convicted of failure to maintain his buses and sentenced to six months of home incarceration and six months in a halfway house.

Mississippi River Oil Spill Hearing Starts Today

Tue, 12 Aug 2008 00:00:00 -0700

A hearing scheduled to start today in New Orleans could finally shed light on who is ultimately to blame for last month's Mississippi River oil spill. Though the Coast Guard, which is conducting the hearing, has not issued an official witness list, reports earlier this month indicated that both the pilot of the tanker and the captain and steersman of the tugboat involved in the oil spill were "parties of interest", and it is widely expected that they will be among those to testify.

The Mississippi River oil spill occurred when a 600-foot tanker- the Tintamora - and a barge loaded with 419,000 gallons fuel collided. The spill occurred about 1:30 a.m. central time July 23 near the Crescent City Connection, a pair of New Orleans bridges. The barge split in half, spilling much of the tar-like oil it was carrying into the river. At the time, the American Commercial Lines barge was being towed by the tugboat Mel Oliver, owned and operated by DRD Towing of Harvey, Louisiana.

The Mississippi River was closed for six days, and ships must still move as slowly as safely possible along most of the stretch from New Orleans to the Gulf of Mexico, so their wakes don't disrupt the continuing oil spill cleanup.

The sunken barge was finally removed from the river on Sunday. Crews pumped 136,000 gallons of pure oil out of the barge before it was hauled away. Skimmer boats have removed 165,000 gallons of oily water from the river, and crews have hauled off about 7,000 cubic yards of oily debris from the shore.

Since the accident, questions have been raised about DRD’s safety record. According to the Coast Guard, the pilot operating the Mel Oliver at the time of the collision was not properly licensed to operate a tugboat. The pilot had only an apprentice mates license. The captain was not aboard the tugboat at the time of the collision.

It also turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 18, only a few miles from last weeks spill. DRD had also failed a safety audit in May, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the Tintamora to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsibility for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant.

Feds Take Action Against Texas Bus Crash Company, Criminal Charges Possible

Tue, 12 Aug 2008 00:00:00 -0700

Another bus owned by the Texas company involved in a fatal crash last Friday has been ordered out of service by federal safety officials. Inspectors from the Federal Motor Carrier Safety Administration said the bus was not authorized to operate. The bus was pulled out of service in Carthage, Missouri, site of the same religious festival victims of Friday's bus accident were to have attended.

Meanwhile, law enforcement officials in Texas are considering filing possible criminal charges against the owner of the bus involved in last week's tragic crash.

Friday's crash claimed the lives of 17 Vietnamese Catholics on their way to a religious festival. Dozens of others were injured. Six of the survivors, including the bus driver, remained in critical condition on Monday. Initial reports say that the charter bus blew an illegally treaded tire, skidded off the highway and overturned. The bus accident was the nation's deadliest since 2005.

Both the bus involved in the accident and the one removed from service yesterday were registered to Iguala Busmex. Angel Tours Inc. was the tour operator of the fatal trip. Both Houston-based companies are owned by Angel De La Torre.

The Federal Motor Carrier Safety Administration said that “grossly deficient vehicle maintenance” contributed to Friday's tragedy. The agency ordered Iguala BusMex and Angel Tours Inc. to cease commercial operations Sunday, finding that the companies posed an "imminent hazard." A second order issued to De La Torre said that his "activities in connection with motor carrier operations pose an 'imminent hazard' to the public."

Authorities have also released the driving record of the bus driver, 52-year-old Barrett Wayne Broussard. Since 2001, he has been cited by police three times — once for driving while intoxicated and twice for speeding. Broussard has also failed roadside inspections twice in the last year, both times resulting in his vehicle being taken out of service for driver logbook violations. When the second violation occurred, Broussard was driving ror Angel Tours.

The Houston Chronicle is reporting that the Harris County District Attorney is considering filing criminal charges against De La Torre. If a criminal prosecution does occur, it would likely focus on whether he or his companies intentionally provided false or fraudulent records or statements to the Federal Motor Carrier Administration.

The last time a Texas bus operator was subject to prosecution followed the 2005 Hurricane Rita bus crash near Dallas that killed 23 nursing home patients. Owner Jim Maples was convicted of failure to maintain his buses and sentenced to six months of home incarceration and six months in a halfway house.

Deadly Bus Crashes in Texas, Mississippi Renew Calls for Seat Belts

Mon, 11 Aug 2008 00:00:00 -0700

Two fatal bus crashes in the past week - one in Texas and another in Mississippi - have many asking if seat belts could have prevented at least some deaths. In both cases, the buses rolled over, and witnesses said that some of those killed were ejected from their seats. A total of 20 people were killed in both accidents, and the death toll has many consumer safety advocates once again calling for seat belts to be installed on buses.

The first of the fatal bus crashes, which occurred last Friday morning in Texas, claimed the lives of 17 Vietnamese Catholics on their way to a religious festival. Dozens of others were injured. Initial reports say that the charter bus blew an illegally treaded tire, skidded off the highway and overturned.

Yesterday, the Federal Motor Carrier Safety Administration said that "grossly deficient vehicle maintenance" contributed to the accident, and took the unusual step of declaring the unlicensed Houston company that owned the bus an "imminent hazard" to public safety and ordered its owner to cease all commercial operations immediately.

Then yesterday, a bus carrying tourists who had been visiting a Harrah's casino overturned near Tunica, Mississippi, killing 43 people. Dozens of people where injured, and at least one is in critical condition. The investigation into the Mississippi bus crash has yet to determine a cause or contributing factors.

Two fatal bus crashes within days of each other has renewed calls for the installation of seat belts on buses. Right now, safety belts are only installed on the driver's seat. Safety experts argue that when multiple deaths have occurred on buses, it has usually been a rollover accident where passengers were ejected from their seats. They contend that seat belts would save lives.

The National Transportation Safety Board (NTSB) has advocated requiring seat belts on all buses since 1968. But the National Highway Traffic Safety Administration's (NHTSA) has balked at such a requirement, insisting there is not sufficient evidence to prove safety belts are needed in passenger buses. The agency also has resisted doing research.

Annoyed by the attitude of the NHTSA, some in Congress are working to enact legislation that would finally require seat belts on buses. In addition to requiring seat belts and stronger seating system, the legislation , co-sponsored by Sen. Kay Bailey Hutchison, R-Texas, and Sen. Sherrod Brown, D-Ohio, would also mandate glazing on windows to prevent passengers from being ejected.

In the past, the bus industry has successfully lobbied to block such safety legislation. Critics of the industry accuse it of being more concerned with profits than protecting lives of passengers. Adding seat belts would add about 1 percent to the cost of manufacturing a bus.

Mississippi River Oil Spill Barge Finally Hauled Away

Mon, 11 Aug 2008 00:00:00 -0700

The barge responsible for last month's Mississippi river oil spill has finally been removed from the water. With the barge finally gone, attention will likely shift to the Coast Guard's investigation into the July 23 spill. A hearing into the incident is scheduled to begin tomorrow, and several crew members from a tugboat and tanker involved in the accident are slated to testify.

The sunken barge was involved in an oil spill that occurred the morning of July 23. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with a tanker. The barge split in half, spilling its cargo into the Mississippi River. The river was closed to shipping for several days.

So far, the investigation into the Mississippi River oil spill has revealed that at the time of the collision, no one aboard the Mel Oliver was properly licensed to pilot a tugboat. According to the Coast Guard, the captain of the tugboat was not even aboard.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the tanker to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

The Mel Oliver is owned by DRD Towing of Harvey, Mississippi, a company with a spotty safety record. On July 18, another DRD tugboat, the Ruby E, sank just a few miles from the site of the July 23 oil spill. The pilot onboard the Ruby E. at the time of that accident also lacked a proper license.

According to the New Orleans Times-Picayune, DRD Towing also failed a May safety audit and faces probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsibility for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant.

At tomorrow's hearing , the tugboat’s captain and steersman apprentice, and the pilot of the tanker will give their accounts of the events leading up to the Mississippi River oil spill. The Coast Guard is also expected to give an update on its investigation. At that point, it may become more apparent which party or parties are responsible for this disaster.

Fatal New York Crane Collapses Result in Tougher Law

Mon, 11 Aug 2008 00:00:00 -0700

The Governor of New York has signed a new law that increases both criminal and civil penalties for inspectors of construction cranes who falsify their reports. The new law also sets stiffer punishments for anyone who tries to bribe crane inspectors or otherwise tries to interfere with their work.

The new crane safety bill was passed after two crane collapses earlier this year in New York city killed a total of 9 people. The most recent collapse occurred in May, when a 200 foot crane perched atop a high-rise under construction collapsed and fell about 30 stories to the ground below. In addition to the two fatalities, a third worker was seriously injured. A large portion of an adjacent high-rise apartment building was destroyed as well. The investigation into that crane collapse is said to be focusing on a rebuilt part that may have failed. The Manhattan District Attorneys’ office has also launched a criminal probe into the incident.

Seven other people were killed because of a crane collapse that occurred in March, just a couple of miles south of May's tragedy. Following that incident, a city inspector - who allegedly had lied about inspecting the doomed crane in the weeks before the collapse - was arrested for falsifying records. The March crane collapse also led to the resignation of New York City Buildings Commissioner Patricia Lancaster.

In June, the city’s chief crane inspector, James Delayo, was arrested for taking bribes to allow cranes to pass inspection. He was also accused of taking money from a crane company that sought to ensure that its employees would pass the required licensing exam. As the chief inspector for the Cranes and Derricks Unit at New York city’s Department of Buildings, Delayo had responsibility for overseeing the inspection of all cranes, including tower cranes, the type that collapsed in the two recent fatal accidents. However, prosecutors have said that Delayo's alleged crimes had no role in either fatal collapse.

"Recent construction crane-related accidents in the New York City area have raised understandable concerns about the safety of building sites," Governor David Paterson said after signing the law. "With stricter criminal and civil penalties, this new law will send a message that we have zero tolerance for any actions that negatively interfere with the inspection and licensing of construction cranes."

The law requires the permanent license revocation of any inspector found to have falsified or knowingly made misstatements on an inspection report or who accepted a bribe. Such inspectors would also be subjected to civil penalties ranging from $1,000 to $5,000 per violation.

Mississippi River Oil Spill Barge Emptied, Ready for Removal

Thu, 07 Aug 2008 00:00:00 -0700

The barge responsible for the Mississippi River oil spill has finally been drained of most of its remaining oil, and salvage crews have now been cleared to remove the wreckage. In all, 165,000 gallons of oil have been recovered from the barge's storage tanks.

The sunken barge was involved in an oil spill that occurred the morning of July 23. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with a tanker. The barge split in half, spilling its cargo into the Mississippi River. The river was closed to shipping for several days.

The barge has remained, partially sunken, in the Mississippi River since the spill. During most of that time, it continued to leak oil into the river. It has taken three days of nearly round-the-clock pumping to remove the remaining oil from the barge.

The Coast Guard has now estimated that roughly 254,000 gallons of oil was spilled from the barge. Though less than the 419,000 gallon it was carrying, that amount still makes this incident the largest spill on the lower Mississippi since 2000.

Yesterday, salvage crews brought in a 200-foot crane outfitted with a massive cutting chain. They are expected to begin cutting the barge into chunks today so that it can be hauled away. There is still a danger some remaining oil could leak from the sunken barge, especially if some that leaked from storage tanks made its way into voids.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsiblity for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant,

Under the Oil Pollution Act of 1990, parties responsible for an oil spill must pay cleanup costs to a certain level. Once costs surpass that level the government can tap into the Oil Spill Liability Trust Fund. However, if polluters are found to have been grossly negligent before the spill, they are responsible for all of the clean-up costs.

So far, the investigation into the oil spill has revealed that the person piloting the Mel Oliver did not have the proper license to drive the tugboat, and audio from the collision shows that the crew did not respond to repeated warnings from the tanker. The captain of the Mel Oliver was also not aboard at the time of the accident.

In May, DRD Towing, the company that owned the Mel Oliver, failed a safety audit and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

The Coast Guard will release more information about its investigation into the Mississippi River oil spill at a hearing next Tuesday. According to the New Orleans Time-Picayune, the Coast Guard has been in discussions with the U.S. Justice Department, but will not recommend any charges against the crew members or companies involved until the investigation is complete.