Bill Text: NJ AR180 | 2014-2015 | Regular Session | Introduced
Bill Title: Urges US DOT to expedite rulemaking process for regulations concerning transport of flammable and combustible liquids by rail and require certain design standards for rail tank cars.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-10-23 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [AR180 Detail]
Download: New_Jersey-2014-AR180-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Urges US DOT to expedite rulemaking process for regulations concerning transport of flammable and combustible liquids by rail and require certain design standards for rail tank cars.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging the United States Department of Transportation to expedite the rulemaking process for regulations concerning the transport of flammable and combustible liquids by rail and require certain design standards for rail tank cars.
Whereas, The increased production of crude oil from the Bakken Shale formation in North Dakota has led to an increase in the volume of crude oil being transported by rail in North America and through the State; and
Whereas, There have been a number of recent rail accidents in North Dakota, Alabama, Virginia, and Quebec, Canada, involving trains carrying crude oil that resulted in fires that caused death or extensive property damage; and
Whereas, The National Transportation Safety Board has determined that the rail tank cars involved in these rail accidents, known as DOT-111 tank cars, are substandard for carrying flammable and combustible liquids, including crude oil, as the DOT-111 tank cars have thin steel shells that are unable to withstand puncturing in the event of a train derailment or accident; and
Whereas, According to the American Association of Railroads, 85 percent of the DOT-111 tank cars do not meet the latest industry standard, which calls for a 7/16 of an inch outer steel shell; and
Whereas, In response to the recent rail accidents, the United States Department of Transportation (USDOT) has begun the process of issuing new rules for the transport of flammable and combustible liquids by rail; and
Whereas, On July 23, 2014, the USDOT proposed regulations that seek to enhance the design standards for DOT-111 tank cars, impose speed restrictions in certain areas, and require rail carriers to route trains carrying flammable and combustible liquids away from populated areas where feasible; and
Whereas, The adoption of new federal regulations is governed by the federal "Administrative Procedure Act of 1946" (APA), 5 U.S.C. 551 et seq., which generally allows the public, experts, and impacted industries to evaluate the economic, environmental, and public safety effects of the proposed regulations during public comment periods; and
Whereas, Depending on the public comments received during the initial public comment period, the USDOT may decide to take additional public comments, hold public hearings, or revise the proposed regulations, which is a process that may take years; and
Whereas, Recognizing the value of this open process, the USDOT nevertheless needs to promulgate final rules as expeditiously as possible due to the potential hazard the current situation poses to public safety; and
Whereas, Under the APA, a federal agency may expedite the rulemaking process in limited cases where the agency has good cause to find that the notice and comment process would be impractical, unnecessary, or contrary to the public interest; and
Whereas, The public safety threat of a rail accident involving trains carrying crude oil, a flammable and combustible liquid, which may result in fire, death, and the destruction of property, is an emergency that justifies expediting the rulemaking process; and
Whereas, The USDOT has made various proposals for the design standards of DOT-111 tank cars, and to best protect public safety, the USDOT should only consider those proposals that provide the greatest protections to the public; and
Whereas, Of the proposals, the USDOT should require that DOT-111 tank cars be designed with a 9/16 of inch steel shell, alternative brake signal propagation systems, and rollover protection as this proposal provides the greatest protections to the public; and
Whereas, In addition, the USDOT should require that rail carriers use newly constructed or retrofitted DOT-111 tank cars when carrying flammable and combustible liquids near densely populated areas; and
Whereas, It is in best interest of the citizens of this State for this House to urge the USDOT to expedite the rulemaking process for new regulations concerning the transport of flammable and combustible liquids by rail and to promulgate regulations that require DOT-111 tank cars to have 9/16 of inch steel shells, alternative brake signal propagation systems, and rollover protection and require rail carriers to use the newly constructed or retrofitted rail tank cars when traveling near densely populated areas; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. a. This House urges the United States Department of Transportation to expedite the rulemaking process for regulations concerning the transport of flammable and combustible liquids by rail.
b. This House further urges the United States Department of Transportation to promulgate regulations that require: DOT-111 tank cars be designed with a steel shell of at least 9/16 of an inch, alternative brake signal propagation systems, and rollover protection; and rail carriers to use newly constructed or retrofitted DOT-111 tank cars when carrying flammable and combustible liquids near densely populated areas.
3. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United States, the Secretary of the United States Department of Transportation, and each member of the United States Congress elected from this State.
STATEMENT
This resolution urges the United States Department of Transportation (USDOT) to expedite the rulemaking process for regulations concerning the transport of flammable and combustible liquids by rail and require certain design standards for rail tank cars.
There have been a number of recent rail accidents in North Dakota, Alabama, Virginia, and Canada, involving trains carrying crude oil that resulted in fires that caused death or extensive property damage. The National Transportation Safety Board has determined that the rail tank cars involved in these rail accidents, known as DOT-111 tank cars, are substandard for carrying flammable and combustible liquids, including crude oil. The DOT-111 tank cars have thin steel shells that are unable to withstand puncturing in the event of a rail accident and do not meet the latest rail industry standard. In response the recent rail accidents, on July 23, 2014, the USDOT proposed regulations for the transport of flammable and combustible liquids by rail that seek to enhance the design standards for DOT-111 tank cars, impose speed restrictions in certain areas, and require rail carriers to route trains carrying flammable and combustible liquids away from populated areas where feasible.
The adoption of new federal regulations is governed by the federal "Administrative Procedure Act" (APA), which generally allows the public, experts, and the impacted industries to evaluate the economic, environmental, and public safety effects of the proposed regulations during the public comment periods. Depending on the public comments received during the initial public comment period, the USDOT may decide to take additional public comments, hold public hearings, or revise the proposed regulations, which is a process that may take years. Nevertheless, the USDOT needs to promulgate final rules as expeditiously as possible due the potential hazard of the current situation.
Under the APA, a federal agency may expedite the rulemaking process in limited cases where the agency has good cause to find that the notice and comment process would be impractical, unnecessary, or contrary to the public interest. The public safety threat of a rail accident involving trains carrying crude oil, which may result in fire, death, and the destruction of property, is an emergency that justifies expediting the rulemaking process for regulations concerning the transport of flammable and combustible liquids, including crude oil, by rail.
The USDOT has made various proposals for the design standards of DOT-111 tank cars and should only consider those proposals that provide the greatest protections to the public. Of the proposals, the USDOT should require that DOT-111 tank cars be designed with a 9/16 of inch steel shell, alternative brake signal propagation systems, and rollover protection as this proposal provides the greatest protections to the public. In addition, the USDOT should require that rail carriers to use newly constructed or retrofitted DOT-111 tank cars when carrying flammable and combustible liquids near densely populated areas.
