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The federal Surface Transportation Board is forming an advisory committee to study and suggest ways to safely move toxic cargo, such as chlorine and anhydrous ammonia, in a cost-effective manner. The Toxic by Inhalation Hazard Common Carrier Transportation Advisory Committee will provide the board with independent advice and policy suggestions regarding the railroad industry’s common-carrier obligation to transport extremely hazardous chemicals. The committee will specifically focus on the amount of financial liability that railroads can reasonably ask shippers to assume before the carrier will transport the cargo. The common-carrier obligation is the statutory duty of railroads to provide transportation or service on reasonable request. Freight rail companies have long maintained that they would face potentially ruinous liability if an accident involving a release of highly hazardous chemicals were to occur in a densely populated city. By creating the committee, board officials say they hope to facilitate dialogue among shippers, railroads, and insurers with a goal of resolving these economic concerns.
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