Department of Transportation Proposes Long-Awaited Rulemaking for Crude-by-Rail

Today, the U.S. Department of Transportation unveiled the details of its proposed rulemaking to address concerns about transporting large quantities of crude oil and ethanol by rail in a Notice of Proposed Rulemaking (NPRM) and companion Advanced Notice of Proposed Rulemaking (ANPRM).  The NPRM applies to trains carrying 20 or more tank carloads of flammable liquids and includes new tank car standards, enhanced braking controls, reduced speeds, routing assessments, and a sampling and testing program for oils and gases shipped by rail.  Additionally, it proposes the phase out of older DOT-111 tank cars for shipping packing group I flammable liquids, including Bakken crude oil, unless they are retrofitted to comply with new tank car design standards.  The ANPRM seeks to expand the response planning requirements for shipments of crude by rail.

In announcing the rulemakings, Secretary Foxx stated, “Safety is our top priority….While we have made unprecedented progress through voluntary agreements and emergency orders, today’s proposal represents our most significant progress yet in developing and enforcing new rules to ensure that all flammable liquids, including Bakken crude and ethanol, are transported safely.”

The proposed rulemakings are available here and will be open for 60 days of public comment.  If you would like more information on any specifics, please let us know.