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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Monday, February 24, 2014

Railroads to Adopt Voluntary Crude By Rail Safety Initiative

A voluntary safety initiative addressing shipment of crude oil by rail has been announced by the USDOT and the Association of American Railroads (AAR). Under the voluntary initiative, major U.S. Railroads will agree to the following steps, outlined in the attached letter from USDOT Secretary, Anthony Foxx:

1. Effective March 25, 2014, one additional internal rail test (i.e. ultrasonic testing) will be conducted each year, and at least two track geometry inspections per year, on track over which crude traffic runs.

2. Route analysis requirements under 49 CFR 171.820(c) will apply to trains transporting 20 or more loaded tank cars carrying petroleum crude oil, which are to be termed "Key Crude Oil Trains."

3. Key Crude Oil Trains with at least one USDOT 111 type tank car, not meeting AAR Circular CPC-1232 requirements, will be restricted to 40 mph, effective July 1, 2014 or before.

4. By July 1, 2014 the participating railroads will have installed wayside defect detectors to detect overheated bearings at intervals of 40 miles, over which Key Crude Oil trains operate.

5. AAR and the railroads will develop an inventory of emergency response resources along the routes over which Key Crude Oil Trains operate.

6. Railroads are to agree to jointly fund $5 million for training emergency responders to rail accidents involving crude oil shipments.

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