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UPDATE 1-U.S. Senate Republicans end bid to pare back oil train safety rule

Published 2015-07-22, 04:21 p/m
UPDATE 1-U.S. Senate Republicans end bid to pare back oil train safety rule

(Adds Thune quote in paragraph nine)
By David Morgan
WASHINGTON, July 22 (Reuters) - Senate Republicans have
backed away from a controversial proposal that would have
repealed a new federal safety rule requiring oil trains to be
equipped with advanced new braking systems.
Republicans eliminated the proposal from a multi-year
surface transportation bill, after coming under pressure from
the Obama administration and Democratic lawmakers, whose support
they need for passage of the legislation, Senate aides said on
Wednesday.
In late June, the Republican-controlled Senate Commerce
Committee voted to repeal the requirement that trains carrying
crude oil install electronically controlled pneumatic (ECP)
brakes, less than two months after the administration unveiled
sweeping new rules aimed at preventing catastrophic oil train
derailments.
The railroad and oil industries, including interests
controlled by billionaire investor Warren Buffett, mounted a
powerful lobbying campaign to overturn the ECP requirement,
saying it would slap an unnecessary $3 billion cost on
railroads, oil refiners and others. ID:nL2N0ZT2ID
BNSF Railway Co, which Buffett owns through his Berkshire
Hathaway Inc BRKa.N holding company, is the leading U.S.
railroad for crude oil shipments and would have benefited most
from cost relief if the Republican bid had been successful.
Senator John Thune, Republican chairman of the Senate
Commerce Committee, had proposed repealing the ECP requirement
last month with a measure that orders new research to justify
the technology's benefits until a permanent decision is made.
But the legislation unveiled this week by Senate Republican
leader Mitch McConnell preserves the ECP requirement. It still
requires the study of braking technologies, and calls on the
transportation secretary to repeal the ECP requirement
eventually if the research does not justify its use.
Democrats and administration officials had expressed concern
that if the requirement was repealed now, and research later
proved ECP's merits, the rulemaking process to revive the
technology could be delayed unnecessarily, aides said. Railroads
are required to begin implementing ECP brakes in 2021.
"We came to a solution that allows the rule to proceed on
the current implementation schedule as long as the testing
validates the requirement," Thune said on Wednesday in a
statement issued to Reuters.
Leading the Democratic resistance was Senator Joe Manchin of
West Virginia, who told Thune at a hearing last week that he
agreed ECP brakes should not be required if ineffective.
"We just shouldn't repeal them until we know that they're
not a wise investment," Manchin said. "We can't afford to be
wrong on this one."
The Association of American Railroads, a trade group that
represents more than 20 freight railroad companies, said the
Senate bill still recognizes "the critical need to make sure
adequate data is gathered on this technology."

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