Railway Safety Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 1674 To enhance safety requirements for trains transporting hazardous materials, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 21, 2023 Mr. DELUZIO (for himself and Mr. LALOTA) introduced the following bill; which was referred to the Committee on Transportation and Infrastruc- ture, and in addition to the Committee on Science, Space, and Tech- nology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned 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 ‘‘Railway Safety Act of 2023’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Defined term. Sec. 3. Safety requirements for trains transporting hazardous materials. VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1674 IH Sec. 4. Rail car inspections. Sec. 5. Defect detectors. Sec. 6. Safe Freight Act of 2023. Sec. 7. Increasing maximum civil penalties for violations of rail safety regula- tions. Sec. 8. Safer tank cars. Sec. 9. Hazardous materials training for first responders. Sec. 10. Consolidated rail infrastructure and safety improvements. Sec. 11. Tank car research and development. SEC. 2. DEFINED TERM. 1 In this Act, the term ‘‘Secretary’’ means the Sec- 2 retary of Transportation. 3 SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANS- 4 PORTING HAZARDOUS MATERIALS. 5 (a) RULEMAKING.—Not later than 1 year after the 6 date of the enactment of this Act, the Secretary shall issue 7 regulations, or modify existing regulations, establishing 8 safety requirements, in accordance with subsection (b), 9 with which a shipper or rail carrier operating a train 10 transporting hazardous materials that is not subject to the 11 requirements for a high-hazard flammable train under sec- 12 tion 174.310 of title 49, Code of Federal Regulations, 13 shall comply with respect to the operation of each such 14 train and the maintenance of specification tank cars. 15 (b) REQUIREMENTS.—The regulations issued pursu- 16 ant to subsection (a) shall require shippers and rail car- 17 riers— 18 (1) to provide advance notification and informa- 19 tion regarding the transportation of hazardous mate- 20 rials described in subsection (a) to each State emer- 21 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1674 IH gency response commissioner, Tribal emergency re- 1 sponse 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; 21 (8) response plans; and 22 (9) any other requirements that the Secretary 23 determines are necessary. 24 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1674 IH (d) HIGH-HAZARD FLAMMABLE TRAINS.—The Sec- 1 retary may modify the safety requirements for trains sub- 2 ject to section 174.310 of title 49, Code of Federal Regu- 3 lations, to satisfy, in whole or in part, the rulemaking re- 4 quired under subsection (a). 5 SEC. 4. RAIL CAR INSPECTIONS. 6 (a) RULEMAKING.— 7 (1) INSPECTION REQUIREMENTS.—Not later 8 than 1 year after date of the enactment of this Act, 9 the Secretary shall review and update, as necessary, 10 applicable regulations under chapters I and II of 11 subtitle B of title 49, Code of Federal Regulations— 12 (A) to create minimum time requirements 13 that a qualified mechanical inspector must 14 spend when inspecting a rail car or locomotive; 15 and 16 (B) to ensure that all rail cars and loco- 17 motives in train consists that carry hazardous 18 materials are inspected by a qualified mechan- 19 ical inspector at intervals determined by the 20 Secretary. 21 (2) ABBREVIATED PRE-DEPARTURE INSPEC- 22 TION.—The Secretary shall immediately amend sec- 23 tion 215.13(c) of title 49, Code of Federal Regula- 24 tions (permitting an abbreviated pre-departure in- 25 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1674 IH spection procedure) with respect to rail cars in train 1 consists carrying hazardous materials. 2 (b) AUDITS.— 3 (1) IN GENERAL.—Not later than 60 days after 4 the date of the enactment of this Act, the Secretary 5 shall initiate audits of Federal rail car inspection 6 programs, subject to the requirements under part 7 215 of title 49, Code of Federal Regulations, 8 which— 9 (A) consider whether such programs are in 10 compliance with such part 215; 11 (B) assess the type and content of training 12 and performance metrics that such programs 13 provide rail car inspectors; 14 (C) determine whether such programs pro- 15 vide inspectors with adequate time to inspect 16 rail cars; 17 (D) determine whether such programs re- 18 flect the current operating practices of the rail- 19 road carrier; and 20 (E) ensure that such programs are not 21 overly reliant on train crews. 22 (2) AUDIT SCHEDULING.—The Secretary 23 shall— 24 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1674 IH (A) schedule the audits required under 1 paragraph (1) to ensure that— 2 (i) each Class I railroad is audited not 3 less frequently than once every 5 years; 4 and 5 (ii) a select number, as determined by 6 the Secretary, of Class II and Class III 7 railroads are audited annually; and 8 (B) conduct the audits described in sub- 9 paragraph (A)(ii) in accordance with— 10 (i) the Small Business Regulatory En- 11 forcement Fairness Act of 1996 (5 U.S.C. 12 601 note); and 13 (ii) appendix C of part 209 of title 49, 14 Code of Federal Regulations. 15 (3) UPDATES TO INSPECTION PROGRAM.—If, 16 during an audit required under this subsection, the 17 auditor identifies a deficiency in a railroad’s inspec- 18 tion program, the railroad shall update the program 19 to eliminate such deficiency. 20 (4) CONSULTATION AND COOPERATION.— 21 (A) CONSULTATION.—In conducting any 22 audit required under this subsection, the Sec- 23 retary shall consult with the railroad being au- 24 dited and its employees, including any nonprofit 25 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1674 IH employee labor organization representing the 1 mechanical employees of the railroad. 2 (B) COOPERATION.—The railroad being 3 audited and its employees, including any non- 4 profit employee labor organization representing 5 mechanical employees, shall fully cooperate with 6 any audit conducted pursuant to this sub- 7 section— 8 (i) by providing any relevant docu- 9 ments requested; and 10 (ii) by making available any employees 11 for interview without undue delay or ob- 12 struction. 13 (C) FAILURE TO COOPERATE.—If the Sec- 14 retary determines that a railroad or any of its 15 employees, including any nonprofit employee 16 labor organization representing mechanical em- 17 ployees of the railroad is not fully cooperating 18 with an audit conducted pursuant to this sub- 19 section, the Secretary shall electronically notify 20 the Committee on Commerce, Science, and 21 Transportation of the Senate and the Com- 22 mittee on Transportation and Infrastructure of 23 the House of Representatives of such non- 24 cooperation. 25 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1674 IH (c) REVIEW OF REGULATIONS.—The Secretary shall 1 triennially determine whether any update to part 215 of 2 title 49, Code of Federal Regulations, is necessary to en- 3 sure the safety of rail cars transported by rail carriers. 4 (d) ANNUAL REPORT.—The Secretary shall publish 5 an annual report on the public website of the Federal Rail- 6 road Administration that— 7 (1) summarizes the findings of the prior year’s 8 audits; 9 (2) summarizes any updates made pursuant to 10 this section; and 11 (3) excludes any confidential business informa- 12 tion or sensitive security information. 13 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 14 tion may be construed— 15 (1) to limit the deployment of pilot programs 16 for the installation, test, verification, and review of 17 automated rail and train inspection technologies; or 18 (2) to direct the Secretary to waive any existing 19 inspection requirements under chapter I or II of 20 subtitle B of title 49, Code of Federal Regulations, 21 as part of pilot programs. 22 SEC. 5. DEFECT DETECTORS. 23 (a) RULEMAKING.—Not later than 1 year after the 24 date of the enactment of this Act, the Secretary shall issue 25 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1674 IH regulations establishing requirements for the installation, 1 repair, testing, maintenance, and operation of wayside de- 2 fect detectors for each rail carrier operating a train consist 3 carrying hazardous materials. 4 (b) REQUIREMENTS.—The regulations issued pursu- 5 ant to subsection (a) shall include requirements regard- 6 ing— 7 (1) the frequency of the placement of wayside 8 defect detectors, including a requirement that all 9 Class I railroads install a hotbox detector along 10 every 10-mile segment of rail track over which trains 11 carrying hazardous materials operate; 12 (2) performance standards for such detectors; 13 (3) the maintenance and repair requirements 14 for such detectors; 15 (4) reporting data and maintenance records of 16 such detectors; 17 (5) appropriate steps the rail carrier must take 18 when receiving an alert of a defect or failure from 19 or regarding a wayside defect detector; and 20 (6) the use of hotbox detectors to prevent 21 derailments from wheel bearing failures, including— 22 (A) the temperatures, to be specified by 23 the Secretary, at which an alert from a hotbox 24 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1674 IH detector is triggered to warn of a potential 1 wheel bearing failure; and 2 (B) any actions that shall be taken by a 3 rail carrier upon receiving an alert from a hot- 4 box detector of a potential wheel bearing fail- 5 ure. 6 (c) DEFECT AND FAILURE IDENTIFICATION.—The 7 Secretary shall specify the categories of defects and fail- 8 ures that wayside defect detectors covered by regulations 9 issued pursuant to subsection (a) shall address, includ- 10 ing— 11 (1) axles; 12 (2) wheel bearings; 13 (3) brakes; 14 (4) signals; 15 (5) wheel impacts; and 16 (6) other defects or failures specified by the 17 Secretary. 18 SEC. 6. SAFE FREIGHT ACT OF 2023. 19 (a) SHORT TITLE.—This section may be cited as the 20 ‘‘Safe Freight Act of 2023’’. 21 (b) FREIGHT TRAIN CREW SIZE.—Subchapter II of 22 chapter 201 of title 49, United States Code, is amended 23 by inserting after section 20153 the following: 24 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1674 IH ‘‘§ 20154. Freight train crew size safety standards 1 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 2 operated without a 2-person crew consisting of at least 1 3 appropriately qualified and certified conductor and 1 ap- 4 propriately qualified and certified locomotive engineer. 5 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 6 (c), the requirement under subsection (a) shall not apply 7 with respect to— 8 ‘‘(1) train operations on track that is not a 9 main line track; 10 ‘‘(2) a freight train operated— 11 ‘‘(A) by a railroad carrier that has fewer 12 than 400,000 total employee work hours annu- 13 ally and less than $40,000,000 annual revenue 14 (adjusted for inflation, as calculated by the Sur- 15 face Transportation Board Railroad Inflation- 16 Adjusted Index and Deflator Factor Table); 17 ‘‘(B) at a speed of not more than 25 miles 18 per hour; and 19 ‘‘(C) on a track with an average track 20 grade of less than 2 percent for any segment of 21 track that is at least 2 continuous miles; 22 ‘‘(3) locomotives performing assistance to a 23 train that has incurred mechanical failure or lacks 24 the power to traverse difficult terrain, including 25 VerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1674 IH traveling to or from the location where assistance is 1 provided; 2 ‘‘(4) locomotives that— 3 ‘‘(A) are not attached to any equipment or 4 are attached only to a caboose; and 5 ‘‘(B) do not travel farther than 30 miles 6 from the point of origin of such locomotive; and 7 ‘‘(5) train operations staffed with fewer than a 8 2-person crew at least 1 year before the date of en- 9 actment of this section, if the Secretary determines 10 that such operations achieve an equivalent level of 11 safety as would result from compliance with the re- 12 quirement under subsection (a). 13 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex- 14 ceptions under subsection (b) may not be applied to— 15 ‘‘(1) a train transporting 1 or more loaded cars 16 carrying material toxic by inhalation (as defined in 17 section 171.8 of title 49, Code of Federal Regula- 18 tions); 19 ‘‘(2) a train transporting— 20 ‘‘(A) 20 or m [Text truncated for display. 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