Chlorine Institute Reaction to U.S. Court of Appeals PTC Decision
ARLINGTON, Va., June 12, 2013 /PRNewswire/ — Frank Reiner, President of The Chlorine Institute (www.chlorineinstitute.org), issued the following statement in response to Tuesday’s decision by the U.S. Court of Appeals for the District of Columbia in the case brought by the Institute against the Federal Railroad Administration:
In the Chlorine Institute’s view, the decision affirms the right of shippers to move products safely. The case was dismissed solely because no shipper has yet been harmed by the Federal Railroad Administration’s proposed positive train control (PTC) implementation plan, not because the court disputed the rights of shippers.
Everyone agrees PTC is a technology that promotes safer rail service. The Court’s decision goes a long way toward preserving shippers’ ability to safely ship chlorine by rail where it is needed. Moreover, the decision invites the Institute to bring further action after the PTC Implementation Plan advances if actual injury occurs to shippers or a more imminent threat of harm arises.
The concurring decision by Judge Kavanaugh finds that a railroad will have to equip relevant track with positive train control upon reasonable request for service by chlorine shippers. This finding alleviates shippers’ fears of the inability to ship product to where it is needed, which was the essence of the complaint.
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The Chlorine Institute (CI), founded in 1924, is a technical trade association of companies that are involved in the safe production, distribution and use of chlorine, sodium and potassium hydroxides and sodium hypochlorite, and the distribution and use of hydrogen chloride. Visit us online at: www.chlorineinstitute.org
SOURCE The Chlorine Institute