What This Bill Does
This bill aims to improve safety practices on railroads operated by major rail companies. It requires studies of broken train wheels, new safety plans for train yards, stricter brake inspection rules, and better emergency brake communication systems.
Who It Affects
* The Federal Railroad Administration (a government agency that oversees rail safety)
* Class I railroads (the largest railroad companies)
* Railroad workers in rail yards
* Railroad inspectors
Key Provisions
* The Federal Railroad Administration must study broken wheel rim failures, including what causes them and how to prevent them, then report findings to Congress within 1 year (Sec. 2)
* Railroads must create updated safety plans that describe their standards for organizing trains and protecting worker safety in rail yards (Sec. 3)
* Trains cannot leave rail yards until all required brake inspections are finished, and inspections cannot happen while trains are moving (Sec. 4)
* The Federal Railroad Administration must post a public list of all active safety waivers (exceptions to safety rules) given to major railroads, including how many exist and how long they last (Sec. 5)
* All railroads must provide warning equipment like whistles and flags to workers watching for trains, but cannot rely only on shouting warnings (Sec. 8)
What Changes
If this bill becomes law, railroad companies will have stricter rules about when and how they inspect brakes, must share their safety plans with the government, and must give workers physical warning devices. The government will publicly post information about safety exceptions it grants to railroads. The government will also complete research on preventing broken wheels and better emergency brake signals.
Important Definitions
* Qualified mechanical inspector: A person certified under federal regulations to inspect locomotives or rail cars
* Class I railroad: Major railroad companies subject to federal regulation
* End-of-train device: Equipment at the back of a train that receives brake signals
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1044
To improve rail safety practices and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. SCHUMER (for Mr. FETTERMAN (for himself, Mr. BROWN, and Mr.
CASEY)) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
A BILL
To improve rail safety practices 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 ‘‘Railway Accountability
4
Act’’.
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SEC. 2. BROKEN RIM DERAILMENTS.
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(a) STUDY.—The Administrator of the Federal Rail-
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road Administration shall conduct a study of—
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(1) broken rim derailments, particularly vertical
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split rim failures, including—
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•S 1044 IS
(A) the causes of such derailments and
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failures;
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(B) the effectiveness of current mitigation
3
strategies; and
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(C) potential new mitigation strategies;
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(2) wheel impact load thresholds, including—
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(A) safe kip thresholds; and
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(B) potential remedial actions that address
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the mechanical condition of tank cars used in
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high-hazard flammable trains;
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(3) the deployment of ultrasonic wheel crack de-
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tection systems; and
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(4) potential regulations that, if promulgated,
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would—
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(A) result in fewer broken rim derailments;
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and
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(B) improve avoidance or identification of
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mechanical defects.
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(b) REPORT.—Not later than 1 year after the date
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of the enactment of this Act, the Administrator shall sub-
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mit a report to Committee on Commerce, Science, and
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Transportation of the Senate and Committee on Trans-
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portation and Infrastructure of the House of Representa-
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tives containing the results of the study conducted pursu-
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•S 1044 IS
ant to subsection (a), including any proposed regulations
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to reduce the frequency of broken rim derailments.
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SEC. 3. TRAIN CONSIST.
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(a) RULEMAKING.—Not later than 1 year after the
4
date of the enactment of this Act, the Secretary of Trans-
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portation shall conduct a review of existing regulations re-
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lating to the practices regarding the establishment of a
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train consist.
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(b) WRITTEN
SWITCHYARD
SAFETY
PROTOCOL
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PLAN.—The Administrator of the Federal Railroad Ad-
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ministration shall issue a regulation requiring each rail-
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road to prepare and submit to the Administrator, not later
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than 1 year after the date of the enactment of this Act,
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an updated Risk Reduction Program Plan that—
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(1) documents the railroad’s standards for train
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consist and safety protocol while trains are in the
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switchyard; and
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(2) strives to balance derailment risk and rail
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yard employee safety.
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SEC. 4. BRAKE INSPECTIONS.
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After completing the review required under section
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3(a)(1), the Secretary of Transportation shall issue regu-
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lations that—
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(1) prohibit any train from being moved out of
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the switchyard before all required brake inspections
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of such train have been completed;
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(2) prohibit conducting brake inspections of a
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train while such train is in motion; and
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(3) allow only the qualified mechanical inspec-
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tor (as defined in section 232.5 of title 49, Code of
7
Federal Regulations) assigned to inspect a loco-
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motive or rail car to sign off on—
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(A) the Form FRA F6180–49A (com-
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monly known as the ‘‘blue card’’) relating to lo-
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comotive inspections; and
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(B) the satisfactory Class I brake inspec-
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tion of end-of-train device form relating to rail
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car inspections.
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SEC. 5. SAFETY WAIVERS.
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(a) IN GENERAL.—The Administrator of the Federal
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Railroad Administration shall post, on a publicly acces-
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sible website, a list of all active safety waivers granted by
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the Federal Railroad Administration to Class I railroads
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pursuant to its authority under section 20103(d) of title
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49, United States Code, relating to brake procedures,
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unequipped locomotives, brake inspection requirements,
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and safety training for rail labor employees.
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(b) CONTENTS.—The Administrator shall include, on
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the posting required under subsection (a), a summary of
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the waivers described in subsection (a), including—
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(1) the number of active waivers;
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(2) the number of such waivers that have been
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extended beyond their original termination date;
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(3) the average duration of each such waiver;
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and
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(4) a summary of the regulations that were so
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waived.
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SEC. 6. PROPER FUNCTIONING OF EMERGENCY BRAKE SIG-
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NALS.
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The Administrator of the Federal Railroad Adminis-
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tration shall amend part 232 of title 49, Code of Federal
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Regulations, to require—
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(1) more frequent communication checks be-
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tween a head-of-train device and an end-of-train de-
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vice; and
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(2) repetition of the emergency brake signal
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transmission until it is received by the end-of-train
20
device.
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SEC. 7. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM.
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Not later than 6 months after the date of the enact-
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ment of this Act, any Class I railroad that was ordered
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to pay the maximum civil penalty for any violation of a
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•S 1044 IS
rail safety regulation set forth in section 5123(a) of title
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49, United States Code, or in chapter 201, 203, 204, 205,
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206, 207, 208, 209, or 211 during the 15-year period im-
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mediately preceding such date of enactment shall join and
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actively participate in the Confidential Close Call Report-
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ing System (commonly known as ‘‘C3RS’’).
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SEC. 8. REQUIRED WARNING EQUIPMENT AND LOOKOUTS.
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All railroads shall provide warning equipment to rail-
8
road watchmen and lookouts for roadway workers,
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which—
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(1) may include whistles, air horns, white disks,
11
red flags, lanterns, and fuses; and
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(2) may not include the use of verbal warnings.
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Æ
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