Federal

Decreasing Emergency Railroad Accident Instances Locally Act

Source: Congress.gov · 461 words in original text

What This Bill Does

This bill directs the Secretary of Transportation to create new rules defining what counts as a "high-hazard flammable train." It also requires railroad companies to report accidents involving toxic materials to government agencies and tribal governments within 24 hours of a derailment.

Who It Affects

Railroad carriers (the companies that operate trains) are directly affected by this bill. The National Response Center, state officials, local officials and tribal governments will receive new accident reports.

Key Provisions

- The Secretary of Transportation must issue regulations within 90 days to update the definition of "high-hazard flammable train" to include any single train carrying one or more loaded tank cars of Class 3 flammable liquid or Class 2 flammable gas, plus other materials the Secretary determines necessary for safety (Sec. 2) - Railroad carriers must report to the National Response Center, state officials, local officials and tribal governments within 24 hours of any train derailment involving material toxic by inhalation, listing all such toxic materials on the train (Sec. 3)

What Changes

The definition of "high-hazard flammable train" in federal transportation regulations will be modified to cover trains carrying certain types of flammable liquids and gases. Railroad companies gain a new legal requirement to notify multiple government entities and tribal governments about derailments involving toxic materials.

Important Definitions

Material toxic by inhalation: Not specified in bill text

Effective Date

Regulations must be issued within 90 days after the bill becomes law (Sec. 2). The 24-hour reporting requirement takes effect when regulations are issued.

I 118TH CONGRESS 1ST SESSION H. R. 1238 To direct the Secretary of Transportation to issue certain regulations to define high-hazard flammable train, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 28, 2023 Mr. DELUZIO (for himself, Mr. KHANNA, Ms. TLAIB, Mr. MOSKOWITZ, Ms. BARRAGA´N, Mr. GARAMENDI, Mr. DOGGETT, Mr. NICKEL, Mr. RYAN, Ms. TOKUDA, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, and Ms. LEE of Pennsylvania) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to issue certain regulations to define high-hazard flammable train, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Decreasing Emergency 4 Railroad Accident Instances Locally Act’’ or the ‘‘DE- 5 RAIL Act’’. 6 VerDate Sep 11 2014 04:37 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1238.IH H1238 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1238 IH SEC. 2. HIGH-HAZARD FLAMMABLE TRAIN. 1 Not later than 90 days after the date of enactment 2 of this Act, the Secretary of Transportation shall issue 3 such regulations as are necessary to amend section 171.8 4 of title 49, Code of Federal Regulations, to modify the 5 definition of ‘‘high-hazard flammable train’’ to mean a sin- 6 gle train transporting 1 or more loaded tank cars of a 7 Class 3 flammable liquid or a Class 2 flammable gas and 8 other materials the Secretary determines necessary for 9 safety. 10 SEC. 3. REPORTING OF MATERIAL TOXIC BY INHALATION. 11 (a) IN GENERAL.—Chapter 209 of title 49, United 12 States Code, is amended by adding at the end the fol- 13 lowing: 14 ‘‘§ 20904. Reporting of accidents involving material 15 toxic by inhalation 16 ‘‘Not later than 24 hours after any train derailment 17 involving a train carrying material toxic by inhalation, the 18 railroad carrier involved in such derailment shall report 19 to the National Response Center, State officials, local offi- 20 cials, and Tribal governments all material toxic by inhala- 21 tion on such train.’’. 22 VerDate Sep 11 2014 04:37 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1238.IH H1238 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1238 IH (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 209 of title 49, United States Code, is amended by 2 adding at the end the following: 3 ‘‘20904. Reporting of accidents involving material toxic by inhalation.’’. Æ VerDate Sep 11 2014 04:37 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1238.IH H1238 kjohnson on DSK79L0C42PROD with BILLS

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