Reducing Accidents In Locomotives Act or the RAIL Act
This bill addresses safety requirements for rail carriers and trains transporting hazardous materials.
Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers (1) provide state emergency response commissioners with advance notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans.
DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. Further, these regulations must establish requirements that safety placards be able to withstand heat in excess of 180 degrees.
The bill also
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1633 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1633
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Johnson of Ohio (for himself, Mrs. Sykes, Mr. Miller of Ohio, Mr.
Landsman, Mr. Balderson, Ms. Kaptur, Mr. Carey, Mrs. Beatty, Mr. Joyce
of Ohio, Ms. Brown, and Mr. Turner) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To enhance safety requirements for trains transporting hazardous
materials, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reducing Accidents
In Locomotives Act'' or the ``RAIL Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Recommendations for safety.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Increasing maximum civil penalties for violations of rail
safety regulations.
Sec. 7. Safer tank cars.
Sec. 8. Hazardous materials training for first responders.
SEC. 2. DEFINED TERM.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. RECOMMENDATIONS FOR SAFETY.
(a) Rulemaking.--Not later than 1 year after the date on which the
National Transportation Safety Board issues the report on the East
Palestine, Ohio crash, the Secretary, in consultation with the
Administrator of the Federal Railroad Administration, shall issue
regulations, or modify existing regulations, based on such report
establishing safety requirements, in accordance with subsection (b),
with which a rail carrier operating a train transporting hazardous
materials that is not subject to the requirements for a high-hazard
flammable train under section 174.310 of title 49, Code of Federal
Regulations, shall comply with respect to the operation of each such
train and the maintenance of specification tank cars.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall require rail carriers--
(1) to provide advance notification and information
regarding the transportation of hazardous materials described
in subsection (a) to each State emergency response
commissioner, the tribal emergency response commission, or any
other State or tribal agency responsible for receiving the
information notification for emergency response planning
information;
(2) to include, in the notification provided pursuant to
paragraph (1), a written gas discharge plan with respect to the
applicable hazardous materials being transported; and
(3) to reduce or eliminate blocked crossings resulting from
delays in train movements.
(c) Additional Requirements.--In developing the regulations
required under subsection (a), the Secretary shall include requirements
regarding--
(1) train length and weight;
(2) train consist;
(3) route analysis and selection;
(4) speed restrictions;
(5) track standards;
(6) track, bridge, and rail car maintenance;
(7) signaling and train control; and
(8) response plans.
SEC. 4. RAIL CAR INSPECTIONS.
(a) Rulemaking.--
(1) Inspection requirements.--Not later than 1 year after
date of the enactment of this Act, the Secretary shall review
and update, as necessary, applicable regulations under chapters
I and II of subtitle B of title 49, Code of Federal
Regulations--
(A) to create minimum time requirements that a
qualified mechanical inspector must spend when
inspecting a rail car or locomotive; and
(B) to ensure that all rail cars and locomotives in
train consists that carry hazardous materials are
inspected by a qualified mechanical inspector at
intervals determined by the Secretary.
(2) Abbreviated pre-departure inspection.--The Secretary
shall immediately amend section 215.13(c) of title 49, Code of
Federal Regulations (permitting an abbreviated pre-departure
inspection procedure) with respect to rail cars in train
consists carrying hazardous materials.
(b) Audits.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall initiate audits
of Federal rail car inspection programs, subject to the
requirements under part 215 of title 49, Code of Federal
Regulations, which--
(A) consider whether such programs are in
compliance with such part 215;
(B) assess the type and content of training and
performance metrics that such programs provide rail car
inspectors;
(C) determine whether such programs provide
inspectors with adequate time to inspect rail cars;
(D) determine whether such programs reflect the
current operating practices of the railroad carrier;
and
(E) ensure that such programs are not overly
reliant on train crews.
(2) Audit scheduling.--The Secretary shall--
(A) schedule the audits required under paragraph
(1) to ensure that--
(i) each Class I railroad is audited not
less frequently than once every 5 years; and
(ii) a select number, as determined by the
Secretary, of Class II and Class III railroads
are audited annually; and
(B) conduct the audits described in subparagraph
(A)(ii) in accordance with--
(i) the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601
note); and
(ii) appendix C of part 209 of title 49,
Code of Federal Regulations.
(3) Updates to inspection program.--If, during an audit
required under this subsection, the auditor identifies a
deficiency in a railroad's inspection program, the railroad
shall update the program to eliminate such deficiency.
(4) Consultation and cooperation.--
(A) Consultation.--In conducting any audit required
under this subsection, the Secretary shall consult with
the railroad being audited and its employees, including
any nonprofit employee labor organization representing
the mechanical employees of the railroad.
(B) Cooperation.--The railroad being audited and
its employees, including any nonprofit employee labor
organization representing mechanical employees, shall
fully cooperate with any audit conducted pursuant to
this subsection--
(i) by providing any relevant documents
requested; and
(ii) by making available any employees for
interview without undue delay or obstruction.
(C) Failure to cooperate.--If the Secretary
determines that a railroad or any of its employees,
including any nonprofit employee labor organization
representing mechanical employees of the railroad is
not fully cooperating with an audit conducted pursuant
to this subsection, the Secretary shall electronically
notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such noncooperation.
(c) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 215 of title 49, Code of Federal
Regulations, is necessary to ensure the safety of rail cars transported
by rail carriers.
(d) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to this section;
and
(3) excludes any confidential business information or
sensitive security information.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to limit the deployment of pilot programs for the
installation, test, verification, and review of automated rail
and train inspection technologies; or
(2) to direct the Secretary to waive any existing
inspection requirements under chapter I or II of subtitle B of
title 49, Code of Federal Regulations, as part of pilot
programs.
SEC. 5. DEFECT DETECTORS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations
establishing requirements for the installation, repair, testing,
maintenance, and operation of wayside defect detectors for each rail
carrier operating a train consist carrying hazardous materials.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall include requirements regarding--
(1) the frequency of the placement of wayside defect
detectors, including a requirement that all Class I railroads
install a hotbox detector along every 10-mile segment of rail
track over which trains carrying hazardous materials operate;
(2) performance standards for such detectors;
(3) the maintenance and repair requirements for such
detectors;
(4) reporting data and maintenance records of such
detectors;
(5) appropriate steps the rail carrier must take when
receiving an alert of a defect or failure from or regarding a
wayside defect detector; and
(6) the use of hotbox detectors to prevent derailments from
wheel bearing failures, including--
(A) the temperatures, to be specified by the
Secretary, at which an alert from a hotbox detector is
triggered to warn of a potential wheel bearing failure;
and
(B) any actions that shall be taken by a rail
carrier upon receiving an alert from a hotbox detector
of a potential wheel bearing failure.
(c) Defect and Failure Identification.--The Secretary shall specify
the categories of defects and failures that wayside defect detectors
covered by regulations issued pursuant to subsection (a) shall address,
including--
(1) axles;
(2) wheel bearings;
(3) brakes;
(4) signals;
(5) wheel impacts; and
(6) other defects or failures specified by the Secretary.
(d) Safety Placards.--
(1) In general.--In issuing regulations under subsection
(a), the Secretary shall require that placards covered under
section 172.519 of title 49, Code of Federal Regulations, be
able to withstand heat in excess of 180 degrees.
(2) Update based on recommendations.--The Secretary may,
upon recommendation from the National Transportation Safety
Board, issue such regulations as are necessary to increase the
heat threshold described in paragraph (1).
SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL
SAFETY REGULATIONS.
(a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``$75,000'' and inserting ``the greater of 0.5
percent of the person's annual income or annual operating
income or $750,000''; and
(2) in paragraph (2), by striking ``$175,000'' and
inserting ``the greater of 1 percent of the person's annual
income or annual operating income or $1,750,000''.
(b) General Violations of Chapter 201.--Section 21301(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$25,000.'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income or $250,000''; and
(2) by striking ``$100,000.'' and inserting ``the greater
of 1 percent of the person's annual income or annual operating
income or $1,000,000''.
(c) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a) is amended--
(1) in paragraph (1), by striking ``203-209'' each place it
appears and inserting ``203 through 209''; and
(2) in paragraph (2)--
(A) by striking ``$25,000'' and inserting ``the
greater of 0.5 percent of the person's annual income or
annual operating income or $250,000''; and
(B) by striking ``$100,000'' and inserting ``the
greater of 1 percent of the person's annual income or
annual operating income or $1,000,000''.
(d) Violations of Chapter 211.--Section 21303(a)(2) is amended--
(1) by striking ``$25,000.'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income or $250,000''; and
(2) by striking ``$100,000.'' and inserting ``the greater
of 1 percent of the person's annual income or annual operating
income or $1,000,000''.
SEC. 7. SAFER TANK CARS.
(a) Phase-Out Schedule.--Beginning on May 1, 2028, a rail carrier
may not use DOT-111 specification railroad tank cars that do not comply
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in
effect on the date of enactment of this Act, to transport Class 3
flammable liquids regardless of the composition of the train consist.
(b) Conforming Regulatory Amendments.--
(1) In general.--The Secretary--
(A) shall immediately remove or revise the date-
specific deadlines in any applicable regulations or
orders to the extent necessary to conform with the
requirement under subsection (a); and
(B) may not enforce any date-specific deadlines or
requirements that are inconsistent with the requirement
under subsection (a).
(2) Rule of construction.--Except as required under
paragraph (1), nothing in this section may be construed to
require the Secretary to issue regulations to implement this
section.
SEC. 8. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.
(a) Annual Registration Fee.--Section 5108(g) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Additional fee for class i rail carriers.--In
addition to the fees collected pursuant to paragraphs (1) and
(2), the Secretary shall establish and annually impose and
collect from each Class I rail carrier a fee in an amount equal
to $1,000,000.''.
(b) Assistance for Local Emergency Response Training.--Section
5116(j)(1)(A) of title 49, United States Code, is amended--
(1) by striking ``liquids'' and inserting ``materials'';
and
(2) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) In general.--To carry out the grant program
established pursuant to paragraph (1), the Secretary
may expend, during each fiscal year--
``(i) the amounts collected pursuant to
section 5108(g)(4); and
``(ii) any amounts recovered during such
fiscal year from grants awarded under this
section during a prior fiscal year.''.
(c) Supplemental Training Grants.--Section 5128(b)(4) of title 49,
United States Code is amended by striking ``$2,000,000'' and inserting
``$4,000,000''.
<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.
ASSUMING FIRST SPONSORSHIP - Mrs. Sykes asked unanimous consent that she may hereafter be considered as the first sponsor of H.R. 1633, a bill originally introduced by Representative Johnson (OH), for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
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