On the recordMarch 13, 2007
I wish to clarify that the language, as I read it, in the Senator's amendment, is not discretionary, it is mandatory. It does allow for some certain significant exceptions for the Department to make findings on, but it clearly says: The regulations issued under this section shall-- (1) except as provided in-- The subsections part-- provide that any rail shipment containing high hazard materials be rerouted around any high threat corridor. So I don't see it as giving the Department great discretion if that determination is made because of the word ``shall,'' which is not permissive, it is mandatory. There are some exceptions later which the Senator has referred to, such as the origination point or point of destination being within the high-threat corridor. But as I read the amendment, it pretty clearly calls for rerouting. I wanted to clarify that issue.
Source
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