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Senator Dockery moved the following amendment:

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     Senate Amendment

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     Between lines 3308 and 3309,

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insert:

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     6. Any such contract shall expressly include an express

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prohibition against the freight rail operator, or its successors,

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from transporting or storing any railroad car containing any

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hazardous substance listed in Table 302.4 of 40 C.F.R. 302.4 in

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any department-owned rail corridor during the operating hours of

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the commuter rail service; and, notwithstanding any other

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provision of this subsection to the contrary, the department

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shall have neither any duty nor the authority to contractually

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assume any duty to protect, defend, indemnify, and hold harmless

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a freight operator for any liability arising while a freight

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operator is in violation of this subparagraph.

4/28/2008  3:11:00 PM     15-08850-08