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>From the Surface Transportation Board, Washington, D.C.
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The federal Surface Transportation Board announced today that it has begun
a proceeding to determine the reasonableness of certain tariff provisions
requiring shippers to indemnify Union Pacific Railroad Company (UP)
against future liabilities, other than those resulting from UP's negligence
or fault, when UP transports toxic by inhalation hazardous (TIH)
commodities. The Board has opened the proceeding to participation by the
public.
The Board took this action in
response to UP's request for a
Board declaration on the
reasonableness of the
indemnification provisions in UP's
tariff relating to the
transportation of TIH commodities.
Those provisions require TIH
shippers to indemnify UP against
all liabilities resulting from
shipper negligence or fault, the
negligence or fault of third
parties, or from acts of God, among
other liabilities, regarding TIH
transportation. Responding
shippers assert numerous grounds in
opposition to UP's request.
The Board announced its initiation
of the proceeding and provided
information for public
participation in its decision in
Union Pacific Railroad
Company—Petition for Declaratory
Order, STB Docket No. FD 35504
( http://www.stb.dot.gov/decisions/readingroom.nsf/WebDecisionID/41915?OpenDocument )
. That decision may be viewed and
downloaded on the Board's website
at www.stb.dot.gov.
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