Letter to Anthony Foxx, Secretary of the Department of Transportation - Rail Safety Rules

Letter

Dear Secretary Foxx:

Recent railroad derailments require a renewed focus by the federal government to ensure the highest level of safety for residents living along rail routes. The sharp rise in the volume of crude oil being transported through Minnesota has meant an increase in exposure to freight rail traffic for many communities. According to the Minnesota Department of Transportation, five to seven unit trains of crude oil pass through Minnesota every day, carrying millions of gallons of oil. I have heard from constituents and local officials who have expressed significant concerns about the increase in crude-by-rail traffic and what it means for the safety of communities along rail routes. The U.S. Department of Transportation's (DOT) recently released High-Hazard Flammable Train (HHFT) Rule represents meaningful progress, but more needs to be done to help safeguard communities along rail routes.

Following the release of the HHFT Rule, emergency responders and other stakeholders raised concerns that the HHFT Rule could have restricted the information being provided by railroad companies to State Emergency Response Commissions (SERCs) about what hazardous materials are being transported. I commend DOT's recent announcement that the May 2014 Emergency Order will remain in effect and that emergency response information will continue to be regularly provided to SERCs.

I share the concerns of first responders that too much of the burden falls on them to secure critical safety information from rail carriers. As the implementation process for the Final Rule moves forward, it is critical for DOT to work collaboratively with rail carriers and first responders, including fire and emergency services personnel, to establish an information-sharing system that will ensure municipalities can effectively plan for and respond to rail related incidents.

Additionally, following train incidents in Lac Mégantic, Quebec; Aliceville, Alabama; and Casselton, North Dakota; the National Transportation Safety Board recommended that the Pipeline and Hazardous Materials Safety Administration (PHMSA) expand the applicability of comprehensive oil spill response plans (OSRPs) to high-hazard flammable trains. On August 1, 2014 PHMSA issued an Advanced Notice of Proposed Rulemaking seeking comment on this topic. I urge DOT to move forward as quickly as practicable to determine what changes to the current OSRP requirements would be needed to apply these requirements to unit trains carrying crude oil and if doing so would improve safety for communities along rail routes.

Thank you for your attention to this important issue that is so critical to the wellbeing of communities across Minnesota. I am committed to working with the Administration, industry partners and community stakeholders to address rail safety needs.

Sincerely,

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