DOT 168-08
Tuesday, November 25, 2008

News Digest

PHMSA and FRA Issue Final Rules on Rail Hazmat Routing. The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration (FRA) have issued final rules in relation to an April 2008 Interim Final Rule (IFR) requiring railroads to perform comprehensive safety and security risk analyses to determine the routes posing the least overall safety and security risks for the movement of the most toxic and dangerous hazardous materials. The IFR stipulated September 1, 2009, as the date by which a railroad must implement its route selection using a minimum of 27 risk factors and based on analysis of six-month data from July to December 2008. The PHMSA final rule retains that compliance date as an option, but also allows for railroads to implement route selection by March 31, 2010, if they provide notification that they will be using full year 2008 data. This will allow railroads to include in their risk analyses movements of certain types of hazardous materials that might more frequently occur during the January to June timeframe. In addition, the FRA final rule describes the procedures for a railroad to appeal an agency decision that its risk analysis is deficient and directing the railroad to use an alternate route while the deficiencies are corrected. Both final rules will be published in the Federal Register on November 26. Contact: Warren Flatau (202) 493-6024

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