U.S. DOT Announces Comprehensive Proposed Rulemaking for the Safe Transportation of Crude Oil, Flammable Materials

Releases New Data on Bakken Crude Oil to Support Increased safety Measures

DGAC took part in a press conference held at 10:00 AM this morning by Transportation Secretary Anthony R. Foxx.  Secretary Foxx was accompanied by FRA Administrator Joseph C. Szabo, and PHMSA Administrator Cynthia L. Quarterman.

The Secretary announced that DOT is issuing a comprehensive rulemaking proposal (NPRM) to improve the safe transportation of large quantities of “flammable materials” by rail – particularly crude oil and ethanol.  The NPRM (proposes new operational requirements for trains comprised of 20 or more carloads of flammable liquids, something they are calling “high hazard flammable trains”.

Provisions would include restricting speeds, doing risk assessments of routes, and notifying state emergency response commissions.  The rulemaking proposes to require a higher standard for classifying and testing mined gases and liquids, and to enhance tank car standards.  It proposes to phase out the use of older DOT-111 tank cars within two years unless retrofitted with new tank car design standards for shipments of PG I flammable liquids, including “most crude oil”.  The NPRM also lays out three options for improving the design requirements of tank cars built after October 1, 2015.  These include proposing thicker, more puncture resistant shells, enhanced braking, and rollover protection.

The Secretary also announced they are releasing a report with testing results from Operation Classification.  He indicated that this will be an ongoing effort, but so far, that the study has confirmed that Bakken crude oil is on the high end of volatility compared to other crude oils.

This report is based on information provided at the press conference. Both the NPRM and ANPRM are available for review on www.regulations.gov and will now be open for 60 days of public comment. Given the urgency of the safety issues addressed in these proposals, PHMSA does not intend to extend the comment period. Further information may be viewed on the PHMSA website: http://www.phmsa.dot.gov/.

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