Hurricane Katrina Update – 09/09/05

The following eight (8) carriers have embargoes currently in effect in the aftermath of hurricane Katrina.  We are closely monitoring the carriers and their embargoes to provide you with the most current and up-to-date information that may affect your rail transportation.

To reveal the details of each individual embargo, please click on the “road” link below.  Also, we have included the complete version of the Association of American Railroad’s (AAR) Circular TD-1, which provides the carriers definition of an embargo as well as additional detail.

If you require additional information or assistance, please contract your RSI representative.

 

 

 

REVISED CIRCULAR TD-1

ASSOCIATION OF AMERICAN RAILROADS

Effective November 17, 2003

TO: Transportation Officers - All Railroads

The following instructions shall govern the placing and handling of embargoes:

  1. DEFINITIONS
    1. An embargo is a method of controlling traffic movements when in the judgement of the serving railroad accumulations, threatened congestion or other interference with operation, of a temporary nature, warrant restrictions against such movements.
    2. For the purpose of this Circular, “traffic” is defined as loaded and empty freight cars, trailers and/or containers.  This shall include carrier and privately owned or leased freight cars, trailers and/or containers.  This shall not include empty cars, trailers and containers returning home or to their assigned loading point in accordance with Car Service or Trailer and Container Service Rules, empty private cars returning to their previous loading point, or any empty movements directed by specific orders of the Customer Operations Division.
  2. *PROHIBITIONS
    1. It is prohibited to issue embargoes:
      1. As a permanent measure to control traffic.
      2. At the request of a consignee.
      3. To control the routing of traffic to or via any particular gateway or railroad.
      4. Against acceptance of traffic on specified days.
      5. Limiting the amount of traffic to be accepted daily or periodically.
      6. Against traffic consigned to the United States Government, its authorized agents or officers, except when physical disability prevents movement of such traffic.
      7. Against a consignor or consignee for failure to pay freight charges and/or demurrage.
    2. It shall not be permissible to maintain an embargo against:
      1. Traffic for railroads or parts thereof, or stations, which have been authorized to be abandoned, except as a temporary measure, to be kept in effect only until tariff revision can be accomplished.
      2. Movements of traffic because of weather conditions except to cover a period not practicable to include in tariffs.
      3. Acceptance of traffic by reason of weight or clearance limitations, except as a temporary measure, pending publication of restrictions in Railway Line Clearances.
  3. PROCEDURE

When necessary to restrict traffic movements, for periods in excess of 24 hours, an embargo must be used.  It will be the responsibility of a railroad to place its own embargo rather than wait for such action by its connections, when such connections are offering traffic in excess of ability of the receiving railroad to accept.  An embargo placed against an individual consignee is applicable to traffic consigned, reconsigned or intended, as well as traffic billed “shippers order”, for that consignee.

    1. Carriers placing, amending, or canceling an embargo must notify the AAR by using Embargoes Online Internet Application (preferred method). The Association of American Railroads will transmit via email notices of embargoes placed, amended, or cancelled to each full member railroad's designated embargo officer named in The Official Railway Equipment Register, to the Surface Transportation Board and the American Short Line and Regional Railroad Association. The AAR will provide an electronic subscription service for daily embargoes to other interested parties upon request.
    2. Each railroad shall designate an officer to issue and receive embargoes, whose name, title and address must be published in The Official Railway Equipment Register.  Each railroad shall maintain a file of applicable embargoes for the information of the public.
    3. Embargoes against a consignee shall be placed by the railroad performing the switching service or by a connecting roadhaul carrier for traffic it delivers to the switching carrier for that consignee.  If served by more than one road, a consignee may be embargoed by each such road or, upon request of railroads involved, an Association of American Railroads embargo will be issued by the Association of American Railroads.
    4. If in the judgement of the Association of American Railroads an emergency exists, it may issue an embargo without a prior request by the serving or switching carrier(s) involved.
    5. The Association of American Railroads will issue an AAR embargo

a.      at the request of the Surface Transportation Board, or

b.      for the same situation, upon request of two or more railroads, to apply to traffic for movement over the requesting railroads.

    1. Embargoes will remain in effect until cancelled but, unless cancelled, will automatically expire one year after effective date of issuance.  No expiration date shall be stated in the embargo.  (See VIII. Reissuance).
    2. An embargo shall list alphabetical order the stations not able to handle the traffic.
  1. EFFECTIVE DATE

The body of the embargo shall state a specific date, not earlier than date wired or telephoned to the Association of American Railroads, on which the embargo is to become effective.  All embargoes become effective at 11:59p.m. of the date specified and no traffic will be accepted for movement except as specified in Paragraph IV-A.

    1. An origin road will accept loaded cars, trailers and/or containers for movement to embargoed destinations not to exceed 48 hours after the effective date of the embargo and then only for traffic loaded or in the process of loading prior to the effective date of the embargo.  Empty cars, trailers, and/or containers enroute to shippers’ loading facilities do not qualify as being in the process of loading.
    2. The embargoing road will accept traffic from connections which was originated in accordance with the provisions of Paragraph IV-A.
    3. An embargo may include a cut-off date, as a guide to origin roads and shippers, which is the anticipated time traffic can no longer be accepted by the embargoing road.  The effective date referred to in Paragraph IV-A is the governing date and should be adjusted by the issuing carrier to meet its required cut-off date.
  1. AMENDMENTS AND CANCELLATIONS

Amendments or parts thereof reducing restrictions and embargo cancellations become effective immediately on submission to the Association of American Railroads, unless otherwise specified therein.  Amendments or parts thereof increasing restrictions will have an effective date and will be subject to section IV-A of this Circular.

    1. When an embargo is amended, the portions of the original restrictions remaining in effect shall be considered continuous in application.  Amendments shall be consecutively numbered and in each case shall state the reason for the change.
    2. Railroads will cancel embargoes immediately upon removal of cause for which embargo was issued.
  1. PERMITS

An embargo may contain provision for a permit system to provide controlled movement of traffic.  Where a permit system is used, the embargo will contain the name and address of the person responsible for the issuance of permits.  A permit system shall be established in such a way as to protect the shipping public against unjust discrimination and undue prejudice, and should be limited to:

    1. The acceptance of traffic for export or water movement to meet a definite vessel commitment.
    2. Such other emergency situations where there is public necessity for special transportation relief.

NOTE:  Each road must maintain a record of all permits issued and upon request of the Association of American Railroads, copies shall be sent promptly with information indicating reasons for the issuance of such permits.

  1. WATER CARRIERS

Water carriers listed in Appendix “A” of the Association of American Railroads Circular TD-1 printed in the current issue of The Official Railway Equipment Register, have agreed to transmit embargoes, amendments or cancellations thereof, issued by them to the Association of American Railroads and to connecting rail carriers.  In turn, the Association of American Railroads shall transmit embargo notices to the water carriers.  Water carrier embargo notices transmitted to the Association of American Railroads shall be issued in the name of the originating water carrier.  Embargoes issued by such water carrier will be observed by the railroads in the same manner as those issued by railroads.  In the event of failure of the water carrier to receive traffic currently, and to issue formal embargo notice, it shall be incumbent on connecting rail carriers to issue individual embargoes covering the traffic involved, in the same manner as against individual receivers.

  1. REISSUANCE

Each embargo will automatically expire one year after the effecctive date of issuance unless request is made to the Assocaition of American Railroads for reissuance.  Reissuance request must include a new number in accordance with Paragraph III-F, and a statement that it does not violate the provisions of Section II.