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HM-251—It’s not just for crude oil anymore

Just a few months after HM-251 was published, there are already multiple appeals and at least two lawsuits.

Seemingly no stakeholders are happy with most provisions of the new rule to address Enhanced Tank Car Standards and High Hazard Flammable Trains. Sometimes, that is a sign the rule has spread the economic burden equally across the industry. You will have to determine, based upon where you are in the regulatory scheme, whether that is true or not for you. The ECP (electronically controlled pneumatic) brake rule will have an impact on all shipments by rail, even non-hazardous materials and products. It will significantly affect the way both tank cars and packages are built (for example, shock and vibration impacts on the package’s ability to protect the product), and the cost to build and maintain them.

Let’s take a look at the impact of some of the requirements on the whole.

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