Don't BLock Our Communities Act or the D-BLOC Act
This bill prohibits railroad carriers from obstructing travel at public highway-rail crossings for more than 10 minutes, except under limited circumstances (e.g., safety issues).
The Department of Transportation (DOT) must investigate and send notices to carriers of repeated incidents; carriers are subject to civil penalties for violations that occur after having received notice. DOT must also establish a national database for the public to report such incidents.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3698 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3698
To amend title 49, United States Code, to limit railroad carriers from
blocking railway-highway crossings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Mr. Cooper (for himself and Mrs. Napolitano) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to limit railroad carriers from
blocking railway-highway crossings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't BLock Our Communities Act'' or
the ``D-BLOC Act''.
SEC. 2. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this division, is further amended by adding
at the end the following:
``Sec. 20169. Time limit for blocking public highway-rail grade
crossing
``(a) Time Limit.--A railroad carrier may not cause a blocked
crossing incident that is longer than 10 minutes in duration, unless
the blocked crossing incident is caused by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) actions necessary to comply with Federal rail safety
laws, regulations, or orders issued thereunder unless the
action to comply could reasonably occur at a different time or
location;
``(5) actions necessary to adhere to section 24308;
``(6) a train fully contained within rail yard limits or
fully contained in a rail siding;
``(7) an act of God; or
``(8) a derailment or a safety appliance equipment failure
that prevents the train from advancing.
``(b) Investigation of Frequently Blocked Crossings.--For any
public highway-rail grade crossing that has had 3 or more blocked
crossing incidents that exceed the time limit set forth in subsection
(a) and are reported to the blocked crossing database, and such
incidents have occurred on at least 3 calendar days within a 30-day
period, the Secretary shall--
``(1) provide an electronic notice of the number of
reported blocked crossing incidents to the railroad carrier
that owns the public highway-rail grade crossing;
``(2) investigate the causes of the blocked crossing
incidents; and
``(3) investigate possible measures to reduce the frequency
and duration of blocked crossing incidents at such grade
crossing.
``(c) Recordkeeping.--
``(1) In general.--A railroad carrier shall, upon receiving
a notice under subsection (b), maintain train location data
records for the public highway-rail grade crossing that was the
subject of the notice.
``(2) Contents of records.--The train location data records
required under paragraph (1) shall include--
``(A) a list of all blocked crossing incidents at
the public highway-rail grade crossing that is the
subject of the report exceeding 10 minutes;
``(B) the cause of the blocked crossing incident
(to the extent available);
``(C) train length; and
``(D) the estimated duration of each blocked
crossing incident.
``(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection (b), the
Secretary may consult with the carrier for a period of 60 days
to address concerns with blocked crossing incidents at the
public highway-rail grade crossing that is the subject of the
notice.
``(4) Expiration of data collection.--The requirement to
maintain records under paragraph (1) shall cease with respect
to a public highway-rail grade crossing noticed under
subsection (b)(2) if there are no reports submitted to the
blocked crossing database for blocked crossing incidents
reported to occur at such grade crossing during the previous
365 consecutive calendar days.
``(d) Civil Penalties.--
``(1) In general.--The Secretary may issue civil penalties
in accordance with section 21301 to railroad carriers for
violations of subsection (a) occurring 60 days after the date
of submission of a notice under subsection (b).
``(2) Release of records.--Upon the request of, and under
requirements set by, the Secretary, railroad carriers shall
provide the records maintained pursuant to subsection (c)(1) to
the Administrator of the Federal Railroad Administration.
``(3) Alternate route exemption.--Civil penalties may not
be issued for violations of subsection (a) that occur at a
public highway-rail grade crossing if no alternate route
created by a public highway-rail grade separation exists within
a half mile by road of such public highway-rail grade crossing.
``(4) Grade separation project.--Civil penalties may not be
issued for violations of subsection (a) if the violation occurs
at a public highway-rail grade crossing for which there is a
proposed grade separation project--
``(A) that has received written agreement from the
relevant local authorities; and
``(B) for which rail carrier and project funding
from all parties has been budgeted.
``(5) Considerations.--In determining civil penalties under
this section, the Secretary shall consider increased penalties
in a case in which a pattern of the blocked crossing incidents
continue to cause delays to State or local emergency services.
``(e) Application to Amtrak and Commuter Railroads.--This section
shall not apply to Amtrak or commuter authorities, including Amtrak and
commuter authorities' operations run or dispatched by a Class I
railroad.
``(f) Definitions.--In this section:
``(1) Blocked crossing database.--The term `blocked
crossing database' means the national blocked crossing database
established under section 20170.
``(2) Blocked crossing incident.--The term `blocked
crossing incident' means a circumstance in which a train,
locomotive, rail car, or other rail equipment is stopped in a
manner that obstructs travel at a public highway-rail grade
crossing.
``(3) Public highway-rail grade crossing.--The term `public
highway-rail grade crossing' means a location within a State in
which a public highway, road, or street, including associated
sidewalks and pathways, crosses 1 or more railroad tracks at
grade.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20169. Time limit for blocking public highway-rail grade crossing.''.
SEC. 3. NATIONAL BLOCKED CROSSING DATABASE.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 20170. National blocked crossing database
``(a) Database.--Not later than 45 days after the date of enactment
of the D-BLOC Act, the Secretary of Transportation shall establish a
national blocked crossings database for the public to report blocked
crossing incidents.
``(b) Public Awareness.--Not later than 60 days after the date of
enactment of the D-BLOC Act, the Secretary shall require each railroad
carrier to publish the active link to report blocked crossing incidents
on the website of the national blocked crossings database described in
subsection (a) on the home page of the publicly-available website of
the railroad carrier.
``(c) Blocked Crossing Incident; Public Highway-Rail Grade
Crossing.--In this section, the terms `blocked crossing incident' and
`public highway-rail grade crossing' have the meanings given the terms
in section 20169.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20170. National blocked crossing database.''.
SEC. 4. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.
Section 20152 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C) by striking ``or''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting the following after
subparagraph (C):
``(D) blocked crossing incident, as defined in
section 20169; or'';
(B) in paragraph (4)--
(i) by striking ``paragraph (1)(C) or (D)''
and inserting ``subparagraph (C), (D), or (E)
of paragraph (1)''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5) by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(6) upon receiving a report of a blocked crossing
pursuant to paragraph (1)(D), the railroad carrier shall,
within 14 days of receipt of the report--
``(A) verify that the public highway-rail grade
crossing, as defined in section 20174, was blocked for
a period of at least 10 minutes; and
``(B) upon positive verification of the report,
enter the report into the national blocked crossings
database established in section 20174; and
``(7) promptly inform the Secretary of any update to the
number maintained under paragraph (1).''; and
(2) by adding at the end the following:
``(c) Publication of Telephone Numbers.--The Secretary shall make
any telephone number established under subsection (a) publicly
available on the website of the Department of Transportation.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Highways and Transit.
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