Ag retailers can help in the fight to keep anhydrous ammonia (NH3) rail shipments.
The railroads are mandated by the U.S. Congress in the Interstate Commerce Act (1967) and the Staggers Act (1980) to act as "common carriers" and respond to all "reasonable requests" for service. However, according to the Agricultural Retailers Association (ARA), the railroads do not want to transport hazardous chemicals and are taking steps to discourage many ag retailers from shipping NH3 by rail.
The railroads are asking the Surface Transportation Board (STB) to let them out of their common carrier obligation and for a determination that the transportation of hazardous chemicals is not a reasonable request. ARA and other industry groups are strongly opposing this effort by the railroads and are asking STB to provide more oversight of the railroads’ duty to carry these important agricultural products.
STB will hold a series of hearings to study the railroads’ common carrier obligation. On July 22, STB will hold one of these hearings, "Common Carrier Obligation of Railroads — Transportation of Hazardous Materials, STB Ex Parte No. 677 (Sub-No. 1)." At the hearing, the board will listen to testimony regarding the railroads’ common carrier obligation and rail transportation of hazardous materials, such as anhydrous ammonia.
Dan Weber, ARA chairman of the board and vice president of agronomy with Ceres Solutions LLP, has submitted a written statement and a request to testify at the STB hearing on behalf of ARA. The following are key points of his testimony:
- The common carrier obligation was a legislative directive issued by Congress, and it is Congress, not STB, that has the authority to remove that obligation.
- STB should enforce the common carrier obligation is that the railroads are attempting to use the statute’s language of "reasonable request" to perform less than their obligation.
- The railroad is the safest, most secure, and most efficient way to move these products.
- The railroads argue that the agriculture industry should use inherently safer technologies, but for certain crops there are no affordable substitution for NH3.
STB is accepting statements for the record regarding the rail transportation of hazardous materials. ARA encourages retailers to submit a letter to STB detailing your interaction with the railroads when shipping and receiving anhydrous ammonia, and your company’s opposition to the railroads’ efforts to avoid their common carrier obligation and federal mandate to transport essential agricultural chemicals.
Written statements must be received at the agency office by July 10. Statements may be e-filed or sent by mail. Directions for filing are available at STB’s Web site, www.stb.dot.gov/. To file by mail, send 10 copies of your statement to: Surface Transportation Board; Attn: STB Ex Parte No. 677 (Sub-No. 1); 395 E St., S.W.; Washington, DC 20423-0001.
