Charles T.

Drevna President

American Fuel & Petrochemical Manufacturers 1667 K Street, NW Suite 700 Washington, DC 20006 202.457.0480 office 202.552.8457 direct 202.457.0486 fax Cdrevna@afpm.org

Via Electronic Mail: Anthony.Foxx@dot.gov February 27, 2014

The Honorable Anthony Foxx Secretary of Transportation U.S. Department of Transportation 1200 New Jersey Avenue, S.E. Washington, DC 20590

RE: Request for Modification of Emergency Order Docket No. DOT-OST-2014-0025 Dear Secretary Foxx: The American Fuel & Petrochemical Manufacturers (AFPM) 1 formally requests that the Department modify a portion of the February 25, 2014 Emergency Restriction/Prohibition Order referenced above (Order). While we have several concerns with various aspects of the Order, the emergency relief we are requesting is narrowly tailored to the pre-shipment verification testing requirements of the Order. Specifically, we ask that the Department provide industry with the time necessary to conduct and obtain the results of the enumerated chemical tests described on page 14 of the Order, which far exceed that which is presently required under the Hazardous Materials Regulations (HMR), and in the interim allow shipment of petroleum crude by rail consistent Remedial Action #2 described on page 15 of the Order. Our concern is with the following statement in the Order: [T]his Order requires that any person who offers a large bulk quantity of petroleum crude oil into transportation in commerce conduct minimum testing of that petroleum crude oil to verify its classification and to retain records of that testing. Each offeror must conduct testing of a sample of a bulk quantity of petroleum crude oil being offered into transportation in commerce prior to offering that bulk quantity of petroleum crude oil into transportation. At a
1

The American Fuel & Petrochemical Manufacturers is a national trade association of more than 400 companies, including virtually all U.S. refiners and petrochemical manufacturers. AFPM members operate 122 U.S. refineries comprising approximately 98% of U.S. refining capacity. AFPM petrochemical members make the chemical building blocks that go into products ranging from medical devices, cosmetics, furniture, appliances, TVs and radios, computers, parts used in every mode of transportation, solar power panels and wind turbines. AFPM members ship and receive petroleum crude oil by rail and are directly impacted by the Emergency Order.

minimum, the tests shall be capable of determining the petroleum crude oils flash point; boiling point; corrosivity to steel and aluminum; presence and content of compounds such as sulfur/hydrogen sulfide; percentage presence of flammable gases; and, the vapor pressure at 50C. 2 The Order appears to require that these verification tests be performed prior to rail shipment. Because not all of these test parameters are currently required under the HMR and because not all the testing methodologies have been clarified, shippers of petroleum crude oil may need to conduct additional testing. Insofar as the Order may be interpreted as prohibiting the transportation of petroleum crude oil until the offeror has obtained these test results, AFPM members question whether they can continue to transport petroleum crude oil by rail. In the absence of a modification to provide shippers with a reasonable amount of time to complete the required testing, shippers may be forced to cease transporting petroleum crude oil by rail. This could result in shortages of transportation fuel and petrochemicals, and have an immediate and significant negative economic impact on the nation. For these reasons, we respectfully request that the Department modify the Order to allow shipping to continue, provided it meets the other requirements of the Order. We would be happy to meet with you to discuss this matter, but given the urgency of the situation, we request that you act immediately to resolve this problem. If you have any questions concerning this matter, please contact AFPMs General Counsel, Richard Moskowitz, at (202) 552-8474. Respectfully submitted,

Charles T. Drevna President, AFPM Cc: Cynthia L. Quarterman, Administrator, PHMSA Vanessa Sutherland, Chief Counsel, PHMSA Joseph C. Szabo, Administrator, FRA

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