,i #aaith ,,congress #ast ,session ,h4 ,r4 #iga ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjbe,mrs4 ,sykes 7for herself1 ,mr4 ,rulli1 ,mrs4 ,beatty1 ,ms4 ,brown1 ,ms4 ,kaptur1 and ,mr4 ,landsman7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,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 ,reducing ,accidents ,in ,locomotives ,act or the ,,rail ,act4 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 ,recommendations for safety4,sec4 #d4 ,inspections4,sec4 #e4 ,defect detectors4,sec4 #f4 ,increasing maximum civil penalties for violations of rail safety regulations4,sec4 #g4 ,safer tank cars4,sec4 #h4 ,hazardous materials training for first responders4,sec4 #i4 ,freight train crew size safety standards4 #b4 ,defined term ,in this ,act1 the term ,secretary means the ,secretary of ,transportation4 #c4 ,recommendations for safety 7a7 ,rulemaking ,not later than #a year after the date on which the ,national ,transportation ,safety ,board issues the report on the ,east ,palestine1 ,ohio crash1 the ,secretary1 in consultation with the ,administrator of the ,federal ,railroad ,administration1 shall issue regulations1 or modify existing regulations1 based on such report establishing safety requirements1 in accordance with subsection 7b71 with which a 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 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 and 7#h7 response plans4 #d4 ,inspections 7a7 ,time available for inspection 7#a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjagb4 ,time available for inspection 7a7 ,in general ,no railroad may limit the time required for an employee to complete a railcar1 locomotive1 or brake inspection to ensure that each railcar1 locomotive1 and brake system complies with safety laws and regulations4 7b7 ,requirement ,employees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety4 4 7#b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjagb4 ,time available for inspection4 4 7b7 ,pre-,departure railcar inspections ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall amend the pre-departure inspection requirements for ,class ,i railroads under part #bae of title #di1 ,code of ,federal ,regulations 7as written on such date of enactment7-- 7#a7 to ensure that after initial consultation with the ,federal ,railroad ,administration1 and after each subsequent annual consultation1 each railroad identifies inspection locations and1 at such locations1 has inspectors designated under part #bae available for the purpose of inspecting freight cars2 7#b7 to ensure that all freight cars are inspected by an inspector designated under part #bae at a designated inspection location in the direction of travel as soon as practicable2 and 7#c7 to require each railroad that operates railroad freight cars to which such part #bae applies to designate persons qualified to inspect railroad freight rail cars1 subject to any existing collective bargaining agreement1 for compliance and determinations required under such part4 7c7 ,qualified locomotive inspections ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall review and amend1 as necessary1 regulations under chapters #bbi and #bdc of title #di1 ,code of ,federal ,regulations-- 7#a7 to ensure appropriate training qualifications and proficiency of employees1 including qualified mechanical inspectors1 performing locomotive inspections2 and 7#b7 for locomotives in service on a ,class ,i railroad1 to require an additional daily inspection to be performed by a qualified mechanical inspector between the current intervals under section #bbi4bc7;b77#b7 of title #di1 ,code of ,federal ,regulations4 7d7 ,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 railcar1 locomotive1 and train brake system inspection compliance with chapter ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 which-- 7,a7 consider whether the railroad has in place procedures necessary for railcar1 locomotive1 and train brake system inspection compliance under such chapter2 7,b7 assess the type1 content1 and adequacy of training and performance metrics the railroad provides employees who perform railcar1 locomotive1 and train brake system inspections1 including the qualifications specified for such employees2 7,c7 determine whether the railroad has practices that would interfere with an employee's responsibility to perform an inspection safely2 7,d7 determine whether railcars1 locomotives1 and train brake systems are inspected on the railroad's network in accordance with such chapter2 7,e7 involve proper communication of identified defects to railroad personnel and make appropriate use of remedial action reports to verify that repairs are made2 7,f7 determine whether managers coerce employees to sign off on any documents verifying an inspection or repair of a railcar1 locomotive1 or train brake system2 7,g7 determine whether the railroad's inspection procedures reflect the current operating practices of the railroad carrier2 and 7,h7 ensure that railroad inspection procedures only provide for the use of persons permitted to perform each relevant inspection under such chapter4 7#b7 ,audit scheduling ,the ,secretary shall-- 7,a7 schedule the audits required under paragraph 7#a7 to ensure that-- 7i7 every ,class ,i railroad is audited not less frequently than once every #e years2 and 7ii7 a limited number1 as determined by the ,secretary1 of ,class ,,ii and ,class ,,iii railroads are audited annually1 provided that-- 7,i7 no audit of a tourist1 scenic1 historic1 or excursion operation may be required under this subsection2 and 7,,ii7 no other ,class ,,ii or ,,iii railroad may be audited more frequently than once every #e years2 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 and procedures ,if1 during an audit required under this subsection1 the auditor identifies a deficiency in a railroad's procedures or practices necessary to ensure compliance with chapter ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 the railroad shall eliminate such deficiency1 after first being provided the opportunity to address whether such a deficiency exists4 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 employees of the railroad that conduct railcar1 locomotive1 or train brake system inspections4 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 7e7 ,review of regulations ,not later than #e years after the date of the enactment of this ,act1 and periodically thereafter1 the ,secretary shall determine whether any update to chapters ,i and ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 is necessary to ensure the adequacy of railcar1 locomotive1 and train brake system inspections4 7f7 ,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 audits conducted pursuant to subsection 7c7 during the most recently concluded fiscal year2 7#b7 summarizes any updates made to chapter ,i or ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 pursuant to this section2 and 7#c7 excludes any confidential business information or sensitive security information4 7g7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to provide the ,secretary with any authority to interpret1 revise1 alter1 or apply a collectively bargained agreement1 nor any authority over collective bargaining1 collectively bargained agreements1 or any aspect of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 7#b7 to alter the terms or interpretations of existing collective bargaining agreements2 or 7#c7 to abridge any procedural rights or remedies provided under a collectively bargained agreement4 #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 7d7 ,safety placards 7#a7 ,in general ,in issuing regulations under subsection 7a71 the ,secretary shall require that placards covered under section #agb4eai of title #di1 ,code of ,federal ,regulations1 be able to withstand heat in excess of #ahj degrees4 7#b7 ,update based on recommendations ,the ,secretary may1 upon recommendation from the ,national ,transportation ,safety ,board1 issue such regulations as are necessary to increase the heat threshold described in paragraph 7#a74 #f4 ,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 #g4 ,safer tank cars 7a7 ,phase-,out schedule ,beginning on ,may #a1 #bjcj1 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 #h4 ,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#a71 the ,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 #i4 ,freight train crew size safety standards 7a7 ,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 ,except as provided in subsection 7b71 no ,class ,i railroad carrier may operate a freight train 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 7#a7 ,in general ,except as provided in paragraph 7#b71 the requirement under subsection 7a7 shall not apply with respect to-- 7,a7 train operations on track that is not main line track2 7,b7 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,c7 locomotives that-- 7i7 are not attached to any equipment or are attached only to a caboose2 and 7ii7 travel not farther than #ej miles from the point of origin of such locomotive2 and 7,d7 train operations staffed with fewer than a #b-person crew at least #a year before the date of the enactment of the ,safe ,freight ,act of #bjbd1 except if the ,secretary determines that such operations do not achieve an equivalent level of safety as would result from compliance with the requirement under subsection 7a74 7#b7 ,trains ineligible for exception ,the exceptions under paragraph 7#b7 shall not apply with respect to-- 7,a7 a high-hazard train2 or 7,b7 a train with a total length of at least #g1ejj feet4 7c7 ,waiver ,a railroad carrier may seek a waiver of the requirements under subsection 7a7 in accordance with section #bjajc7;d74 7d7 ,definitions ,in this section3 7#a7 ,high-hazard train ,the term high-hazard train means a single train transporting1 throughout the train consist-- 7,a7 not fewer than #bj tank cars loaded with a flammable liquid 7,class #c7 7as such term is defined in section #agc4abj of title #di1 ,code of ,federal ,regulations1 or successor regulations72 7,b7 not fewer than #a tank car or intermodal portable tank load with a material poisonous by inhalation or a material toxic by inhalation 7as such term is defined in section #aga4h of title #di1 ,code of ,federal ,regulations1 or successor regulations72 7,c7 not fewer than #a car loaded with a type ,b package or a fissile material package 7as such terms are defined in section #agc4djc of title #di1 ,code of ,federal ,regulations1 or successor regulations72 7,d7 not fewer than #aj cars loaded with ,class #a explosives categorized under section #agc4ej of title #di1 ,code of ,federal ,regulations 7or successor regulations7 as being in division #a4a1 #a4b1 or #a4c2 7,e7 not fewer than #e tank cars loaded with a flammable gas 7as such term is defined in section #agc4aae7;a7 of title #di1 ,code of ,federal ,regulations1 or successor regulations72 or 7,f7 not fewer than #bj cars loaded with any combination of flammable liquids1 flammable gases1 or explosives4 7#b7 ,main line track ,the term main line track means-- 7,a7 a segment or route of railroad tracks-- 7i7 over which #e1jjj1jjj or more gross tons of railroad traffic is transported annually2 and 7ii7 that has a maximum authorized speed for freight trains in excess of #be miles per hours2 and 7,b7 intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate4 4 7b7 ,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 size safety standards4 4 7c7 ,preservation of authority of secretary ,nothing in section #bjaed of title #di1 ,united ,states ,code1 as added by this section1 shall be construed to limit the authority of the ,secretary under any other provision of law4