,,ii #aahth ,,congress #ast ,session ,s4 #egf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjbc,mr4 ,brown 7for himself1 ,mr4 ,vance1 ,mr4 ,casey1 ,mr4 ,rubio1 ,mr4 ,fetterman1 and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to enhance safety requirements for trains transporting hazardous materials1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,railway ,safety ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,defined term4,sec4 #c4 ,safety requirements for trains transporting hazardous materials4,sec4 #d4 ,rail car inspections4,sec4 #e4 ,defect detectors4,sec4 #f4 ,safe ,freight ,act of #bjbc4,sec4 #g4 ,increasing maximum civil penalties for violations of rail safety regulations4,sec4 #h4 ,safer tank cars4,sec4 #i4 ,hazardous materials training for first responders4,sec4 #aj4 ,rail safety infrastructure research and development grants4,sec4 #aa4 ,appropriations for tank car research and development4 #b4 ,defined term ,in this ,act1 the term ,secretary means the ,secretary of ,transportation4 #c4 ,safety requirements for trains transporting hazardous materials 7a7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall issue regulations1 or modify existing regulations1 establishing safety requirements1 in accordance with subsection 7b71 with which a shipper or rail carrier operating a train transporting hazardous materials that is not subject to the requirements for a high-hazard flammable train under section #agd4caj of title #di1 ,code of ,federal ,regulations1 shall comply with respect to the operation of each such train and the maintenance of specification tank cars4 7b7 ,requirements ,the regulations issued pursuant to subsection 7a7 shall require shippers and rail carriers-- 7#a7 to provide advance notification and information regarding the transportation of hazardous materials described in subsection 7a7 to each ,state emergency response commissioner1 the tribal emergency response commission1 or any other ,state or tribal agency responsible for receiving the information notification for emergency response planning information2 7#b7 to include1 in the notification provided pursuant to paragraph 7#a71 a written gas discharge plan with respect to the applicable hazardous materials being transported2 and 7#c7 to reduce or eliminate blocked crossings resulting from delays in train movements4 7c7 ,additional requirements ,in developing the regulations required under subsection 7a71 the ,secretary shall include requirements regarding-- 7#a7 train length and weight2 7#b7 train consist2 7#c7 route analysis and selection2 7#d7 speed restrictions2 7#e7 track standards2 7#f7 track1 bridge1 and rail car maintenance2 7#g7 signaling and train control2 7#h7 response plans2 and 7#i7 any other requirements that the ,secretary determines are necessary4 7d7 ,high-,hazard flammable trains ,the ,secretary may modify the safety requirements for trains subject to section #agd4caj of title #di1 ,code of ,federal ,regulations1 to satisfy1 in whole or in part1 the rulemaking required under subsection 7a74 #d4 ,rail car inspections 7a7 ,rulemaking 7#a7 ,inspection requirements ,not later than #a year after date of the enactment of this ,act1 the ,secretary shall review and update1 as necessary1 applicable regulations under chapters ,i and ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations-- 7,a7 to create minimum time requirements that a qualified mechanical inspector must spend when inspecting a rail car or locomotive2 and 7,b7 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 ,secretary4 7#b7 ,abbreviated pre-departure inspection ,the ,secretary shall immediately amend section #bae4ac7;c7 of title #di1 ,code of ,federal ,regulations 7permitting an abbreviated pre-departure inspection procedure7 with respect to rail cars in train consists carrying hazardous materials4 7b7 ,audits 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall initiate audits of ,federal rail car inspection programs1 subject to the requirements under part #bae of title #di1 ,code of ,federal ,regulations1 which-- 7,a7 consider whether such programs are in compliance with such part #bae2 7,b7 assess the type and content of training and performance metrics that such programs provide rail car inspectors2 7,c7 determine whether such programs provide inspectors with adequate time to inspect rail cars2 7,d7 determine whether such programs reflect the current operating practices of the railroad carrier2 and 7,e7 ensure that inspection programs are not overly reliant on train crews4 7#b7 ,audit scheduling ,the ,secretary shall-- 7,a7 schedule the audits required under paragraph 7#a7 to ensure that-- 7i7 each ,class ,i railroad is audited not less frequently than once every #e years2 and 7ii7 a select number1 as determined by the ,secretary1 of ,class ,,ii and ,class ,,iii railroads are audited annually2 and 7,b7 conduct the audits described in subparagraph 7,a77ii7 in accordance with-- 7i7 the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note72 and 7ii7 appendix ,c of part #bji of title #di1 ,code of ,federal ,regulations4 7#c7 ,updates to inspection program ,if1 during an audit required under this subsection1 the auditor identifies a deficiency in a railroad's inspection program1 the railroad shall update the program to eliminate such deficiency4 7#d7 ,consultation and cooperation 7,a7 ,consultation ,in conducting any audit required under this subsection1 the ,secretary shall consult with the railroad being audited and its employees1 including any nonprofit employee labor organization representing the mechanical employees of the railroad4 7,b7 ,cooperation ,the railroad being audited and its employees1 including any nonprofit employee labor organization representing mechanical employees1 shall fully cooperate with any audit conducted pursuant to this subsection-- 7i7 by providing any relevant documents requested2 and 7ii7 by making available any employees for interview without undue delay or obstruction4 7,c7 ,failure to cooperate ,if the ,secretary determines that a railroad or any of its employees1 including any nonprofit employee labor organization representing mechanical employees of the railroad is not fully cooperating with an audit conducted pursuant to this subsection1 the ,secretary shall electronically notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives of such noncooperation4 7c7 ,review of regulations ,the ,secretary shall triennially determine whether any update to part #bae of title #di1 ,code of ,federal ,regulations1 is necessary to ensure the safety of rail cars transported by rail carriers4 7d7 ,annual report ,the ,secretary shall publish an annual report on the public website of the ,federal ,railroad ,administration that-- 7#a7 summarizes the findings of the prior year's audits2 7#b7 summarizes any updates made pursuant to this section2 and 7#c7 excludes any confidential business information or sensitive security information4 7e7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to limit the deployment of pilot programs for the installation1 test1 verification1 and review of automated rail and train inspection technologies2 or 7#b7 to direct the ,secretary to waive any existing inspection requirements under chapter ,i or ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 as part of pilot programs4 #e4 ,defect detectors 7a7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall issue regulations establishing requirements for the installation1 repair1 testing1 maintenance1 and operation of wayside defect detectors for each rail carrier operating a train consist carrying hazardous materials4 7b7 ,requirements ,the regulations issued pursuant to subsection 7a7 shall include requirements regarding-- 7#a7 the frequency of the placement of wayside defect detectors1 including a requirement that all ,class ,i railroads install a hotbox detector along every #aj-mile segment of rail track over which trains carrying hazardous materials operate2 7#b7 performance standards for such detectors2 7#c7 the maintenance and repair requirements for such detectors2 7#d7 reporting data and maintenance records of such detectors2 7#e7 appropriate steps the rail carrier must take when receiving an alert of a defect or failure from or regarding a wayside defect detector2 and 7#f7 the use of hotbox detectors to prevent derailments from wheel bearing failures1 including-- 7,a7 the temperatures1 to be specified by the ,secretary1 at which an alert from a hotbox detector is triggered to warn of a potential wheel bearing failure2 and 7,b7 any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure4 7c7 ,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 7a7 shall address1 including-- 7#a7 axles2 7#b7 wheel bearings2 7#c7 brakes2 7#d7 signals2 7#e7 wheel impacts2 and 7#f7 other defects or failures specified by the ,secretary4 #f4 ,safe ,freight ,act of #bjbc 7a7 ,short title ,this section may be cited as the ,safe ,freight ,act of #bjbc4 7b7 ,freight train crew size ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after section #bjaec the following3 #bjaed4 ,freight train crew size safety standards 7a7 ,minimum crew size ,no freight train may be operated without a #b-person crew consisting of at least #a appropriately qualified and certified conductor and #a appropriately qualified and certified locomotive engineer4 7b7 ,exceptions ,except as provided in subsection 7c71 the requirement under subsection 7a7 shall not apply with respect to-- 7#a7 train operations on track that is not a main line track2 7#b7 a freight train operated-- 7,a7 by a railroad carrier that has fewer than #djj1jjj total employee work hours annually and less than #dj1jjj1jjj annual revenue 7adjusted for inflation1 as calculated by the ,surface ,transportation ,board ,railroad ,inflation- ,adjusted ,index and ,deflator ,factor ,table72 7,b7 at a speed of not more than #be miles per hour2 and 7,c7 on a track with an average track grade of less than #b percent for any segment of track that is at least #b continuous miles2 7#c7 locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain1 including traveling to or from the location where assistance is provided2 7#d7 locomotives that-- 7,a7 are not attached to any equipment or are attached only to a caboose2 and 7,b7 do not travel further than #cj miles from the point of origin of such locomotive2 and 7#e7 train operations staffed with fewer than a #b-person crew at least #a year before the date of enactment of this section1 if the ,secretary determines that such operations achieve an equivalent level of safety as would result from compliance with the requirement under subsection 7a74 7c7 ,trains ineligible for exception ,the exceptions under subsection 7b7 may not be applied to-- 7#a7 a train transporting #a or more loaded cars carrying material toxic by inhalation 7as defined in section #aga4h of title #di1 ,code of ,federal ,regulations72 7#b7 a train transporting-- 7,a7 #bj or more loaded tank cars of a ,class #b material or a ,class #c flammable liquid in a continuous block2 or 7,b7 #ce or more loaded tank cars of a ,class #b material or a ,class #c flammable liquid throughout the train consist2 or 7#c7 a train with a total length of at least #g1ejj feet4 7d7 ,waiver ,a railroad carrier may seek a waiver of the requirements under this section in accordance with section #bjajc7;d74 4 7c7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjaec the following3 #bjaed4 ,freight train crew size4 4 #g4 ,increasing maximum civil penalties for violations of rail safety regulations 7a7 ,civil penalties related to transporting hazardous materials ,section #eabc7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking #ge1jjj and inserting the greater of #j4e percent of the person's annual income or annual operating income or #gej1jjj2 and 7#b7 in paragraph 7#b71 by striking #age1jjj and inserting the greater of #a percent of the person's annual income or annual operating income or #a1gej1jjj4 7b7 ,general violations of chapter #bja ,section #bacja7;a77#b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking #be1jjj4 and inserting the greater of #j4e percent of the person's annual income or annual operating income or #bej1jjj2 and 7#b7 by striking #ajj1jjj4 and inserting the greater of #a percent of the person's annual income or annual operating income or #a1jjj1jjj4 7c7 ,accident and incident violations of chapter #bja2 violations of chapters #bjc through #bji ,section #bacjb7;a7 is amended-- 7#a7 in paragraph 7#a71 by striking #bjc-bji each place it appears and inserting #bjc through #bji2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking #be1jjj and inserting the greater of #j4e percent of the person's annual income or annual operating income or #bej1jjj2 and 7,b7 by striking #ajj1jjj and inserting the greater of #a percent of the person's annual income or annual operating income or #a1jjj1jjj4 7d7 ,violations of chapter #baa ,section #bacjc7;a77#b7 is amended-- 7#a7 by striking #be1jjj4 and inserting the greater of #j4e percent of the person's annual income or annual operating income or #bej1jjj2 and 7#b7 by striking #ajj1jjj4 and inserting the greater of #a percent of the person's annual income or annual operating income or #a1jjj1jjj4 #h4 ,safer tank cars 7a7 ,phase-,out schedule ,beginning on ,may #a1 #bjbe1 a rail carrier may not use ,,dot-#aaa specification railroad tank cars that do not comply with ,,dot-#aag1 ,,dot-#aag,p1 or ,,dot-#aag,r specification requirements1 as in effect on the date of enactment of this ,act1 to transport ,class #c flammable liquids regardless of the composition of the train consist4 7b7 ,conforming regulatory amendments 7#a7 ,in general ,the ,secretary-- 7,a7 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 7a72 and 7,b7 may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection 7a74 7#b7 ,rule of construction ,except as required under paragraph 7#a71 nothing in this section may be construed to require the ,secretary to issue regulations to implement this section4 #i4 ,hazardous materials training for first responders 7a7 ,annual registration fee ,section #eajh7;g7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,additional fee for class ,i rail carriers ,in addition to the fees collected pursuant to paragraphs 7#a7 and 7#b71 the ,secretary shall establish and annually impose and collect from each ,class ,i rail carrier a fee in an amount equal to #a1jjj1jjj4 4 7b7 ,assistance for local emergency response training ,section #eaaf7;j77#a77;,a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking liquids and inserting materials2 and 7#b7 in paragraph 7#c71 by amending subparagraph 7,a7 to read as follows3 7,a7 ,in general ,to carry out the grant program established pursuant to paragraph 7#a71the ,secretary may expend1 during each fiscal year-- 7i7 the amounts collected pursuant to section #eajh7;g77#d72 and 7ii7 any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year4 4 7c7 ,supplemental training grants ,section #eabh7;b77#d7 of title #di1 ,united ,states ,code is amended by striking #b1jjj1jjj and inserting #d1jjj1jjj4 #aj4 ,rail safety infrastructure research and development grants 7a7 ,research requirement ,the ,administrator of the ,federal ,railroad ,administration shall award grants1 in accordance with section #bbijg of title #di1 ,united ,states ,code1 and the restrictions and limitations on eligibility for ,class ,i railroads under such section1 for research and development of wayside defect detectors to better prevent the derailment of trains transporting hazardous materials4 7b7 ,funding 7#a7 ,appropriation ,there is appropriated to the ,federal ,railroad ,administration1 out of any funds in the ,treasury not otherwise appropriated1 #bb1jjj1jjj1 which shall be used for the grants authorized under subsection 7a7 for the improvement and research of wayside defect defectors and the prevention of derailments of trains containing hazardous materials4 7#b7 ,availability of funding ,amounts appropriated under this subsection shall remain available until expended #aa4 ,appropriations for tank car research and development ,there is appropriated to the ,pipeline and ,hazardous ,materials ,safety ,administration1 out of any funds in the ,treasury not otherwise appropriated1 #e1jjj1jjj1 which shall be used for expenses related to the development of-- 7#a7 stronger1 safer tank cars and valves for tank cars2 and 7#b7 other tank car safety features4