Training Responders for Accidents and Improving Notification Act or the TRAIN Act - Directs the Secretary of Transportation to: (1) issue regulations implementing certain National Transportation Safety Board (NTSB) recommendations relating to railroad switches, positioning of tank cars, and emergency escape equipment for crewmembers; (2) make grants to fire departments for costs incurred in responding to incidents involving rail transportation of hazardous materials; (3) authorize awarding emergency responder training grants to nonprofit public sector employee organizations and to establish a standard for such training; (4) issue final rules requiring railroads to inform local communities of shipments of hazardous materials to assist in their emergency planning; and (5) report to Congress on implementation of railroad safety statutory mandates and on NTSB or Department of Transportation Inspector General safety recommendations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6165 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6165
To improve the safety of transporting hazardous materials by rail and
provide training and resources for first responders to protect
communities from incidents involving the transportation of hazardous
materials.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2006
Mr. Barrow introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To improve the safety of transporting hazardous materials by rail and
provide training and resources for first responders to protect
communities from incidents involving the transportation of hazardous
materials.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Training
Responders for Accidents and Improving Notification Act'' or the
``TRAIN Act''.
(b) Findings.--Congress makes the following findings:
(1) Railroads move about 1,700,000 carloads of hazardous
materials annually, about 6 percent of total freight rail
traffic.
(2) While the vast majority of shipments arrive safely at
their destination, serious incidents involving these materials
have the potential to cause widespread disruption or injury.
(3) On January 6, 2005, northbound Norfolk Southern freight
train 192, while traveling 47 miles per hour through
Graniteville, South Carolina, encountered an improperly lined
switch that diverted the train from the main line onto an
industry track, where it struck the unoccupied, parked train
P22.
(4) The collision derailed two locomotives and 16 of the 42
freight cars of train 192, as well as the locomotive and one of
the two cars of train P22.
(5) Among the derailed cars from train 192 were 3 tank cars
containing chlorine, one of which was breached, releasing
chlorine gas.
(6) The train engineer and 8 other people died as a result
of chlorine gas inhalation. More than 500 people who suffered
from respiratory difficulties were taken to local hospitals. Of
these, 75 were admitted for treatment. Because of the chlorine
release, about 5,400 people within a 1-mile radius of the
derailment site were evacuated for several days. Total damages
exceeded $6,900,000.
(7) The National Transportation Safety Board determined
that the probable cause of the collision and derailment was the
failure of the crew of train 192 to return a main line switch
to the normal position after the crew completed work at an
industry track.
(8) Contributing to the failure was the absence of any
feature or mechanism that would have reminded crewmembers of
the switch position and thus would have prompted them to
complete this final critical task before departing the work
site.
(9) As a result of the accident investigation, the National
Transportation Safety Board made safety recommendations to the
Federal Railroad Administration.
(10) It is appropriate for the Federal Railroad
Administration to implement the National Transportation Safety
Board's recommendations, as improperly lined switches is the
leading cause of human factor-caused accidents.
SEC. 2. IMPLEMENTATION OF NTSB RECOMMENDATIONS.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Transportation shall issue regulations that implement
the following recommendations contained in the National Transportation
Safety Board's railroad accident report entitled ``Collision of Norfolk
Southern Freight Train 192 With Standing Norfolk Southern Local Train
P22 With Subsequent Hazardous Materials Release at Graniteville, South
Carolina'', adopted November 29, 2005:
(1) Regulations that require, along mail lines in
nonsignaled territory, railroads to install an automatically
activated device, independent of the switch banner, that will,
visually or electronically, compellingly capture the attention
of employees involved with switch operations and clearly convey
the status of the switch both in daylight and in darkness.
(2) Regulations that require railroads, in nonsignaled
territory and in the absence of switch position indicator
lights or other automated systems that provide train crews with
advance notice of switch positions, to operate those trains at
speeds that will allow them to be safely stopped in advance of
misaligned switches.
(3) Regulations that require railroads to implement
operating measures, including positioning tank cars toward the
rear of trains and reducing speeds through populated areas, to
minimize impact forces from accidents and reduce the
vulnerability of tank cars transporting chlorine, anhydrous
ammonia, and other liquefied gases designated as poisonous by
inhalation.
(4) Regulations that require railroads to provide emergency
escape breathing apparatus for all crewmembers on freight
trains carrying hazardous materials, along with appropriate
training for such crewmembers on how to use the apparatus.
SEC. 3. EMERGENCY RESPONDER GRANTS.
(a) Amendment.--Part B of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 225--EMERGENCY RESPONDER GRANTS
``Sec.
``22501. Emergency responder grants.
``Sec. 22501. Emergency responder grants
``(a) Grants.--The Secretary of Transportation shall make grants to
fire departments for costs incurred in the conduct of activities to
respond to incidents involving the transportation of hazardous
materials by rail, including costs of--
``(1) airborne chemical detection equipment;
``(2) air hazard detection equipment;
``(3) chemical identification kits;
``(4) fire suppression and decontamination equipment;
``(5) hazardous material response vehicles;
``(6) patient extraction equipment;
``(7) personal protective gear;
``(8) radiological response equipment, such as detectors;
and
``(9) turnout gear and spare turnout gear.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $20,000,000 to carry out this section.
Amounts appropriated pursuant to this subsection shall remain available
until expended.''.
(b) Conforming Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by adding after the item
relating to chapter 223 the following new item:
``225. EMERGENCY RESPONDER GRANTS........................... 22501''.
SEC. 4. EMERGENCY RESPONDER TRAINING STANDARDS.
Section 5116(b)(1) of title 49, United States Code, is amended--
(1) by striking ``States and Indian tribes'' and inserting
``States, Indian tribes, and nonprofit public sector employee
organizations''; and
(2) by adding at the end the following: ``To the extent
that such grants are used to train emergency responders, such
training shall ensure that emergency responders have the
ability to protect nearby persons, property, and the
environment from the effects of accidents or incidents
involving the transportation of hazardous material, in
accordance with existing regulations.''.
SEC. 5. INFORMATION ON HAZARDOUS MATERIALS SHIPPED.
Not later than 3 months after the date of enactment of this Act,
the Secretary of Transportation shall issue final rules requiring
railroads to inform local communities through which they transport
hazardous materials of the types of hazardous materials most frequently
shipped through those communities on an annual basis to help assist
those communities in their emergency management planning.
SEC. 6. REPORTS.
(a) Reports by the Inspector General.--Not later than 30 days after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Secretary of
Transportation and the Administrator of the Federal Railroad
Administration a report containing the following:
(1) A list of each statutory mandate regarding railroad
safety that has not been implemented.
(2) A list of each open safety recommendation made by the
National Transportation Safety Board or the Inspector General
regarding railroad safety.
(b) Reports by the Secretary.--
(1) Statutory mandates.--Not later than 90 days after the
date of enactment of this Act, and every 180 days thereafter
until each of the mandates referred to in subsection (a)(1) has
been implemented, the Secretary shall transmit to the Committee
on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the specific actions taken to implement such
mandates.
(2) NTSB and inspector general recommendations.--Not later
than January 1 of each year, the Secretary shall transmit to
the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the
recommendations referred to in section 2 of this Act and
subsection (a)(2) of this section and a copy of the Department
of Transportation response to each such recommendation.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
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