The U.S. Department of Transportation (DOT), including the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), has made enhancing the safety of rail transportation of crude oil one of its top priorities. And we have improved safety by convening the railroad and energy industries, undertaking and completing a comprehensive rulemaking, and executing multiple safety advisories and emergency orders.  
In all of these efforts, we have worked closely with all of you, the energy industry, Congress, and other stakeholders. When accidents have occurred, we have partnered with you, local first responders, states and others to respond quickly, provide resources, and lead or support investigations that hold many lessons and solutions to increase safety. FRA firmly believes that safety is a shared responsibility. That is why we have engaged, and will continue to engage, with your company and all stakeholders to raise the bar on safety.
In addition to establishing stronger tank car standards and requiring 21st century electronically controlled pneumatic (ECP) brakes, one of our efforts has been to ensure that critical information is provided to first responders and other local and state officials about the shipment of hazardous materials, including crude oil, through their states. Responsibly sharing this information is crucial for first responders to act quickly and to allow state and local officials to develop accurate, quality emergency plans. While federal, state, local, and tribal laws may place certain limitations on the nature and extent of information that can be shared with the public, we strongly support transparency and public notification to the fullest extent possible. And we understand the public’s interest in knowing what is traveling through their communities.
As you will remember, on May 7, 2014, DOT issued an Emergency Order requiring railroads to notify State Emergency Response Commissions (SERCs) and Tribal Emergency Response Commissions (TERCs) of the expected movement of 1,000,000 gallons or more of Bakken crude oil in a single train through the state. The emergency order required that railroads update SERCs and TERCS when a significant increase or decrease—25 percent or more in the number of trains per week—in an estimate occurs. Although the preamble to the May 2015 final rule contemplated that the Emergency Order would end in early 2016, the Department has since announced that the Emergency Order will remain in full force until DOT makes the notification requirements permanent through rulemaking. To be clear: railroads transporting crude oil must continue to provide the information required by the Emergency Order to SERCs. These notifications should also be updated in a timely manner, as specified in the order and subsequent frequently asked questions. FRA will continue with random spot checks and regular compliance audits to ensure that states, local communities and first responders have the information necessary to respond to a possible accident. FRA will take enforcement actions as necessary to ensure compliance.
I look forward to continuing to work with you to ensure that state, local and tribal officials and emergency responders have all the information they need to be prepared for and respond to any accident involving crude oil and other hazardous materials.
If you require additional information, please contact me or Karl Alexy, hazardous materials division staff director, at (202) 493-6245 or via email at: john.alexy@dot.gov.
Sincerely,
 
Sarah Feinberg
Acting Administrator
Federal Railroad Administrator
U.S. Department of Transportation