Coalition Letter to Association of American Railroads (July 21, 2015)
As defined in U.S. Department of Transportation (DOT) regulations (49 CFR 179) and referenced in the AAR Tank Car Committee (TCC) charter, the TCC is authorized under the Hazardous Materials Transportation Act to review proposed changes in or additions to specifications and make recommendations to DOT for consideration. The TCC does not have the authority to establish tank car specifications. As stated unequivocally by DOT, “final policy judgments lie with the Department.” DOT has made its final policy judgments on tank car standards for flammable liquids, and the TCC has no authority to override them. Furthermore, the pending petitions for judicial review and for administrative appeal must be resolved before further action can take place.
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