STB will form advisory committee for TIH rail shipments

Aug. 11, 2010
The Surface Transportation Board (STB) will create the Toxic by Inhalation Hazard Common Carrier Transportation Advisory Committee (TIHCCTAC), to provide independent advice and policy suggestions to the Board on issues related to the common carrier obligation with respect to the rail transportation of toxic by inhalation hazards (TIH), and specifically, to outline what is a railroad's reasonable response to a shipper's request that it transport TIH cargo

The Surface Transportation Board (STB) will create the Toxic by Inhalation Hazard Common Carrier Transportation Advisory Committee (TIHCCTAC), to provide independent advice and policy suggestions to the Board on issues related to the common carrier obligation with respect to the rail transportation of toxic by inhalation hazards (TIH), and specifically, to outline what is a railroad's reasonable response to a shipper's request that it transport TIH cargo.

STB has proposed that the TIHCCTAC shall consist of up to 27 voting members, including its chair. Members of the TIHCCTAC will be chosen by the Chairman of the STB and shall include at a minimum: 7 representatives from the Class I and II railroads; 3 representatives from Class III railroads; 5 representatives from chlorine shippers; 5 representatives from anhydrous ammonia shippers; 4 representatives currently engaged in academia or policy analysis; 2 representatives with an insurance or underwriting background; and 1 representative from tank car owners, car lessors, or car manufacturers. The 3 members of STB shall serve as ex officio (non-voting) members of the Committee. In addition to the members described above, the Chairman of the STB may invite representatives from the US Departments of Homeland Security and Transportation (including their affiliated agencies)to serve the TIHCCTAC in advisory capacities as ex officio (non-voting) members.

The TIHCCTAC will convene for a two-year period during which the Board anticipates it will produce a report that will include a recommended policy statement for further consideration by the Board. The Board may renew the TIHCCTAC charter if the Board deems it advisable.

In the context of the proposed advisory committee STB seeks input from interested persons on a number of issues, including:

(1) What should be the appropriate scope of such a committee's mandate?

(2) How would the scope of the committee's mandate affect its utility?

(3) What would be the optimum size of such a committee?

(4) How should the committee's membership be allocated among various stakeholder groups to achieve a fairly balanced ``cross section of those directly affected, interested, and qualified,'' as required under FACA, 41 CFR 102-3.60(b)(3).