I 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 fol- lowing 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Reducing Accidents In Locomotives Act’’ or the ‘‘RAIL 5 Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Defined term. VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1633 IH Sec. 3. Recommendations for safety. Sec. 4. Rail car inspections. Sec. 5. Defect detectors. Sec. 6. Increasing maximum civil penalties for violations of rail safety regula- tions. Sec. 7. Safer tank cars. Sec. 8. Hazardous materials training for first responders. SEC. 2. DEFINED TERM. 1 In this Act, the term ‘‘Secretary’’ means the Sec- 2 retary of Transportation. 3 SEC. 3. RECOMMENDATIONS FOR SAFETY. 4 (a) RULEMAKING.—Not later than 1 year after the 5 date on which the National Transportation Safety Board 6 issues the report on the East Palestine, Ohio crash, the 7 Secretary, in consultation with the Administrator of the 8 Federal Railroad Administration, shall issue regulations, 9 or modify existing regulations, based on such report estab- 10 lishing safety requirements, in accordance with subsection 11 (b), with which a rail carrier operating a train trans- 12 porting hazardous materials that is not subject to the re- 13 quirements for a high-hazard flammable train under sec- 14 tion 174.310 of title 49, Code of Federal Regulations, 15 shall comply with respect to the operation of each such 16 train and the maintenance of specification tank cars. 17 (b) REQUIREMENTS.—The regulations issued pursu- 18 ant to subsection (a) shall require rail carriers— 19 (1) to provide advance notification and informa- 20 tion regarding the transportation of hazardous mate- 21 rials described in subsection (a) to each State emer- 22 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1633 IH gency response commissioner, the tribal emergency 1 response commission, or any other State or tribal 2 agency responsible for receiving the information no- 3 tification for emergency response planning informa- 4 tion; 5 (2) to include, in the notification provided pur- 6 suant to paragraph (1), a written gas discharge plan 7 with respect to the applicable hazardous materials 8 being transported; and 9 (3) to reduce or eliminate blocked crossings re- 10 sulting from delays in train movements. 11 (c) ADDITIONAL REQUIREMENTS.—In developing the 12 regulations required under subsection (a), the Secretary 13 shall include requirements regarding— 14 (1) train length and weight; 15 (2) train consist; 16 (3) route analysis and selection; 17 (4) speed restrictions; 18 (5) track standards; 19 (6) track, bridge, and rail car maintenance; 20 (7) signaling and train control; and 21 (8) response plans. 22 SEC. 4. RAIL CAR INSPECTIONS. 23 (a) RULEMAKING.— 24 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1633 IH (1) INSPECTION REQUIREMENTS.—Not later 1 than 1 year after date of the enactment of this Act, 2 the Secretary shall review and update, as necessary, 3 applicable regulations under chapters I and II of 4 subtitle B of title 49, Code of Federal Regulations— 5 (A) to create minimum time requirements 6 that a qualified mechanical inspector must 7 spend when inspecting a rail car or locomotive; 8 and 9 (B) to ensure that all rail cars and loco- 10 motives in train consists that carry hazardous 11 materials are inspected by a qualified mechan- 12 ical inspector at intervals determined by the 13 Secretary. 14 (2) ABBREVIATED PRE-DEPARTURE INSPEC- 15 TION.—The Secretary shall immediately amend sec- 16 tion 215.13(c) of title 49, Code of Federal Regula- 17 tions (permitting an abbreviated pre-departure in- 18 spection procedure) with respect to rail cars in train 19 consists carrying hazardous materials. 20 (b) AUDITS.— 21 (1) IN GENERAL.—Not later than 60 days after 22 the date of the enactment of this Act, the Secretary 23 shall initiate audits of Federal rail car inspection 24 programs, subject to the requirements under part 25 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1633 IH 215 of title 49, Code of Federal Regulations, 1 which— 2 (A) consider whether such programs are in 3 compliance with such part 215; 4 (B) assess the type and content of training 5 and performance metrics that such programs 6 provide rail car inspectors; 7 (C) determine whether such programs pro- 8 vide inspectors with adequate time to inspect 9 rail cars; 10 (D) determine whether such programs re- 11 flect the current operating practices of the rail- 12 road carrier; and 13 (E) ensure that such programs are not 14 overly reliant on train crews. 15 (2) AUDIT SCHEDULING.—The Secretary 16 shall— 17 (A) schedule the audits required under 18 paragraph (1) to ensure that— 19 (i) each Class I railroad is audited not 20 less frequently than once every 5 years; 21 and 22 (ii) a select number, as determined by 23 the Secretary, of Class II and Class III 24 railroads are audited annually; and 25 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1633 IH (B) conduct the audits described in sub- 1 paragraph (A)(ii) in accordance with— 2 (i) the Small Business Regulatory En- 3 forcement Fairness Act of 1996 (5 U.S.C. 4 601 note); and 5 (ii) appendix C of part 209 of title 49, 6 Code of Federal Regulations. 7 (3) UPDATES TO INSPECTION PROGRAM.—If, 8 during an audit required under this subsection, the 9 auditor identifies a deficiency in a railroad’s inspec- 10 tion program, the railroad shall update the program 11 to eliminate such deficiency. 12 (4) CONSULTATION AND COOPERATION.— 13 (A) CONSULTATION.—In conducting any 14 audit required under this subsection, the Sec- 15 retary shall consult with the railroad being au- 16 dited and its employees, including any nonprofit 17 employee labor organization representing the 18 mechanical employees of the railroad. 19 (B) COOPERATION.—The railroad being 20 audited and its employees, including any non- 21 profit employee labor organization representing 22 mechanical employees, shall fully cooperate with 23 any audit conducted pursuant to this sub- 24 section— 25 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1633 IH (i) by providing any relevant docu- 1 ments requested; and 2 (ii) by making available any employees 3 for interview without undue delay or ob- 4 struction. 5 (C) FAILURE TO COOPERATE.—If the Sec- 6 retary determines that a railroad or any of its 7 employees, including any nonprofit employee 8 labor organization representing mechanical em- 9 ployees of the railroad is not fully cooperating 10 with an audit conducted pursuant to this sub- 11 section, the Secretary shall electronically notify 12 the Committee on Commerce, Science, and 13 Transportation of the Senate and the Com- 14 mittee on Transportation and Infrastructure of 15 the House of Representatives of such non- 16 cooperation. 17 (c) REVIEW OF REGULATIONS.—The Secretary shall 18 triennially determine whether any update to part 215 of 19 title 49, Code of Federal Regulations, is necessary to en- 20 sure the safety of rail cars transported by rail carriers. 21 (d) ANNUAL REPORT.—The Secretary shall publish 22 an annual report on the public website of the Federal Rail- 23 road Administration that— 24 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1633 IH (1) summarizes the findings of the prior year’s 1 audits; 2 (2) summarizes any updates made pursuant to 3 this section; and 4 (3) excludes any confidential business informa- 5 tion or sensitive security information. 6 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 7 tion may be construed— 8 (1) to limit the deployment of pilot programs 9 for the installation, test, verification, and review of 10 automated rail and train inspection technologies; or 11 (2) to direct the Secretary to waive any existing 12 inspection requirements under chapter I or II of 13 subtitle B of title 49, Code of Federal Regulations, 14 as part of pilot programs. 15 SEC. 5. DEFECT DETECTORS. 16 (a) RULEMAKING.—Not later than 1 year after the 17 date of the enactment of this Act, the Secretary shall issue 18 regulations establishing requirements for the installation, 19 repair, testing, maintenance, and operation of wayside de- 20 fect detectors for each rail carrier operating a train consist 21 carrying hazardous materials. 22 (b) REQUIREMENTS.—The regulations issued pursu- 23 ant to subsection (a) shall include requirements regard- 24 ing— 25 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 1633 IH (1) the frequency of the placement of wayside 1 defect detectors, including a requirement that all 2 Class I railroads install a hotbox detector along 3 every 10-mile segment of rail track over which trains 4 carrying hazardous materials operate; 5 (2) performance standards for such detectors; 6 (3) the maintenance and repair requirements 7 for such detectors; 8 (4) reporting data and maintenance records of 9 such detectors; 10 (5) appropriate steps the rail carrier must take 11 when receiving an alert of a defect or failure from 12 or regarding a wayside defect detector; and 13 (6) the use of hotbox detectors to prevent 14 derailments from wheel bearing failures, including— 15 (A) the temperatures, to be specified by 16 the Secretary, at which an alert from a hotbox 17 detector is triggered to warn of a potential 18 wheel bearing failure; and 19 (B) any actions that shall be taken by a 20 rail carrier upon receiving an alert from a hot- 21 box detector of a potential wheel bearing fail- 22 ure. 23 (c) DEFECT AND FAILURE IDENTIFICATION.—The 24 Secretary shall specify the categories of defects and fail- 25 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 1633 IH ures that wayside defect detectors covered by regulations 1 issued pursuant to subsection (a) shall address, includ- 2 ing— 3 (1) axles; 4 (2) wheel bearings; 5 (3) brakes; 6 (4) signals; 7 (5) wheel impacts; and 8 (6) other defects or failures specified by the 9 Secretary. 10 (d) SAFETY PLACARDS.— 11 (1) IN GENERAL.—In issuing regulations under 12 subsection (a), the Secretary shall require that plac- 13 ards covered under section 172.519 of title 49, Code 14 of Federal Regulations, be able to withstand heat in 15 excess of 180 degrees. 16 (2) UPDATE BASED ON RECOMMENDATIONS.— 17 The Secretary may, upon recommendation from the 18 National Transportation Safety Board, issue such 19 regulations as are necessary to increase the heat 20 threshold described in paragraph (1). 21 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 1633 IH SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIO- 1 LATIONS OF RAIL SAFETY REGULATIONS. 2 (a) CIVIL PENALTIES RELATED TO TRANSPORTING 3 HAZARDOUS MATERIALS.—Section 5123(a) of title 49, 4 United States Code, is amended— 5 (1) in paragraph (1), in the matter preceding 6 subparagraph (A), by striking ‘‘$75,000’’ and insert- 7 ing ‘‘the greater of 0.5 percent of the person’s an- 8 nual income or annual operating income or 9 $750,000’’; and 10 (2) in paragraph (2), by striking ‘‘$175,000’’ 11 and inserting ‘‘the greater of 1 percent of the per- 12 son’s annual income or annual operating income or 13 $1,750,000’’. 14 (b) GENERAL VIOLATIONS OF CHAPTER 201.—Sec- 15 tion 21301(a)(2) of title 49, United States Code, is 16 amended— 17 (1) by striking ‘‘$25,000.’’ and inserting ‘‘the 18 greater of 0.5 percent of the person’s annual income 19 or annual operating income or $250,000’’; and 20 (2) by striking ‘‘$100,000.’’ and inserting ‘‘the 21 greater of 1 percent of the person’s annual income 22 or annual operating income or $1,000,000’’. 23 (c) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP- 24 TER 201; VIOLATIONS OF CHAPTERS 203 THROUGH 25 209.—Section 21302(a) is amended— 26 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 1633 IH (1) in paragraph (1), by striking ‘‘203–209’’ 1 each place it appears and inserting ‘‘203 through 2 209’’; and 3 (2) in paragraph (2)— 4 (A) by striking ‘‘$25,000’’ and inserting 5 ‘‘the greater of 0.5 percent of the person’s an- 6 nual income or annual operating income or 7 $250,000’’; and 8 (B) by striking ‘‘$100,000’’ and inserting 9 ‘‘the greater of 1 percent of the person’s annual 10 income or annual operating income or 11 $1,000,000’’. 12 (d) VIOLATIONS OF CHAPTER 211.—Section 13 21303(a)(2) is amended— 14 (1) by striking ‘‘$25,000.’’ and inserting ‘‘the 15 greater of 0.5 percent of the person’s annual income 16 or annual operating income or $250,000’’; and 17 (2) by striking ‘‘$100,000.’’ and inserting ‘‘the 18 greater of 1 percent of the person’s annual income 19 or annual operating income or $1,000,000’’. 20 SEC. 7. SAFER TANK CARS. 21 (a) PHASE-OUT SCHEDULE.—Beginning on May 1, 22 2028, a rail carrier may not use DOT–111 specification 23 railroad tank cars that do not comply with DOT–117, 24 DOT–117P, or DOT–117R specification requirements, as 25 VerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 0001 [Text truncated for display. Full text available on Congress.gov.]