Dear Director Donovan,
I write to urge you to complete your review of the Department of Transportation's draft proposal to phase-out or retrofit existing DOT-111 tank cars used to transport crude oil as soon as possible. The flaws in DOT-111 cars, which represent 69% of the national tank fleet carrying crude oil and ethanol, are well known and were made even more apparent with last year's tragic derailment in Lac-Megantic, Canada, which killed 47 people and incinerated the town's center. OMB must complete its review of DOT's rule as soon as possible in order to prevent another derailment that could endanger lives and cause significant economic and environmental damage.
Recent reports that hundreds of crude oil trains travel through Upstate New York every month--each laden with outdated and flawed DOT-111 cars that are prone to rupture and explode--are of serious concern. While I understand that a variety of discussions about how best to address this issue are underway between federal agencies and the industry, I urge you to move forward with a mandatory phase-out of DOT-111 cars as soon as possible. As you know, the NTSB and safety experts have long recommend the phase-out or retro-fit of DOT-111 cars because they are prone to breach during derailment resulting in spills and fires.
The boom in the transportation of crude oil and ethanol by train can certainly bring economic benefits to communities, but the recent and substantial increase in the transportation of hazardous materials must also include meaningful safety measures. While I fully understand the importance of conducting a thorough review of this rule, the safety of many of our nation's communities is at risk, and I ask that you complete your review of the rule to regulate these dangerous cars as soon as possible. Thank you for your attention to this matter, and please feel free to contact my Washington, DC office should you need more information.
Sincerely,
Charles E. Schumer
U.S. Senator