NACD Urges PHMSA and FMCSA to Withdraw Highway-Rail Grade Crossing Proposal

ARLINGTON, Va., April 13, 2011 /PRNewswire-USNewswire/ -- The National Association of Chemical Distributors (NACD) recently filed comments in response to the notice of proposed rulemaking (NPRM) published in the January 28, 2011 Federal Register issue regarding Docket Numbers PHMSA-2010-0319 (HM-255) & FMCSA-2006-25660, Highway-Rail Grade Crossing; Safe Clearance.

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In the comments, NACD expressed concerns about the proposal, which would  prohibit a motor vehicle driver from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping.

"While PHMSA and FMCSA state that the objective of this proposal is to reduce highway-rail grade crashes, the rate for these incidents is already extremely low.  The miniscule benefit projected by the proposed rule would not justify the cost of implementation," wrote NACD Vice President of Government Affairs Jennifer Gibson in the comments.

"If the proposed rule is adopted, carriers would need to assess each of their delivery routes, many of which are on major thoroughfares, and would have to re-route all that pass through one of the more than 21,000 crossings affected. Re-routing these shipments would result in hazardous materials being transported over increased miles for longer periods of time. Not only would this increase the potential for incidents, it would put additional pressure on drivers who must comply with hours of service requirements," Gibson stated.

NACD's comments urge PHMSA and FMCSA to withdraw the proposed rule, stating that the increased costs and potential for increased-distance-related incidents do not justify the extremely limited benefit that the agencies even acknowledge are probable if the proposal is implemented. To view NACD's full comments, go to http://www.nacd.com/advocacy/comments.aspx.

NACD and its 390 member companies are vital to the chemical supply chain providing products to over 750,000 end users.  They make a delivery every six seconds while maintaining a safety record that is more than twice as good as the safety standards set by DOT.  NACD members are leaders in health, safety, security, and environmental performance through implementation of Responsible Distribution, established in 1991 as a condition of membership and is a third-party verified management practice. For additional information on our members, their safety record or NACD, visit NACD's website — http://www.nacd.com.

Contact:  Matthew Glaser
703/527-NACD(6223)

SOURCE National Association of Chemical Distributors (NACD)