DOT Issues Emergency Order For Transport Of Crude Oil From Bakken Shale Region (UPDATE)


On May 23, 2014, the Department of Transportation’s Federal Railroad Administration clarified its May 7, 2014, Emergency Order Regarding Notification to Communities of Bakken Crude Oil Shipments through the release of frequently asked questions (FAQ) on the order.  The issues addressed in the FAQs are:

  • How railroads can identify Bakken crude oil when they are the carrier but not the offerer of the oil.
  • The required level of specificity for traffic data.
  • Who will have access to the data railroads submit to State Emergency Response Commissions (SERC) pursuant to the emergency order.
  • Providing the data to Fusion Centers or other state agencies responsible for emergency response planning in lieu of SERCs.
  • Whether railroads must conduct outreach with Tribal Emergency Response Commissions.

The FAQs are available online.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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