HR971-119

1. Short title; table of contents This Act may be cited as the Reducing Accidents In Locomotives Act or the RAIL Act. The table of contents for this Act is as follows:

2. Defined term In this Act, the term Secretary means the Secretary of Transportation.

3. Recommendations for safety Not later than 1 year after the date on which the National Transportation Safety Board issues the report on the East Palestine, Ohio crash, the Secretary, in consultation with the Administrator of the Federal Railroad Administration, shall issue regulations, or modify existing regulations, based on such report establishing safety requirements, in accordance with subsection (b), 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 174.310 of title 49, Code of Federal Regulations, shall comply with respect to the operation of each such train and the maintenance of specification tank cars. The regulations issued pursuant to subsection (a) shall require rail carriers— to provide advance notification and information regarding the transportation of hazardous materials described in subsection (a) to each State emergency response commissioner, the tribal emergency response commission, or any other State or tribal agency responsible for receiving the information notification for emergency response planning information; to include, in the notification provided pursuant to paragraph (1), a written gas discharge plan with respect to the applicable hazardous materials being transported; and to reduce or eliminate blocked crossings resulting from delays in train movements. In developing the regulations required under subsection (a), the Secretary shall include requirements regarding— train length and weight; train consist; route analysis and selection; speed restrictions; track standards; track, bridge, and rail car maintenance; signaling and train control; and response plans.

4. Inspections Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: No railroad may limit the time required for an employee to complete a railcar, locomotive, or brake inspection to ensure that each railcar, locomotive, and brake system complies with safety laws and regulations. Employees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety. The analysis for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: Not later than 120 days after the date of the enactment of this Act, the Secretary shall amend the pre-departure inspection requirements for Class I railroads under part 215 of title 49, Code of Federal Regulations (as written on such date of enactment)— to ensure that after initial consultation with the Federal Railroad Administration, and after each subsequent annual consultation, each railroad identifies inspection locations and, at such locations, has inspectors designated under part 215 available for the purpose of inspecting freight cars; to ensure that all freight cars are inspected by an inspector designated under part 215 at a designated inspection location in the direction of travel as soon as practicable; and to require each railroad that operates railroad freight cars to which such part 215 applies to designate persons qualified to inspect railroad freight rail cars, subject to any existing collective bargaining agreement, for compliance and determinations required under such part. Not later than 1 year after the date of the enactment of this Act, the Secretary shall review and amend, as necessary, regulations under chapters 229 and 243 of title 49, Code of Federal Regulations— to ensure appropriate training qualifications and proficiency of employees, including qualified mechanical inspectors, performing locomotive inspections; and for locomotives in service on a Class I railroad, to require an additional daily inspection to be performed by a qualified mechanical inspector between the current intervals under section 229.23(b)(2) of title 49, Code of Federal Regulations. Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate audits of Federal railcar, locomotive, and train brake system inspection compliance with chapter II of subtitle B of title 49, Code of Federal Regulations, which— consider whether the railroad has in place procedures necessary for railcar, locomotive, and train brake system inspection compliance under such chapter; assess the type, content, and adequacy of training and performance metrics the railroad provides employees who perform railcar, locomotive, and train brake system inspections, including the qualifications specified for such employees; determine whether the railroad has practices that would interfere with an employee’s responsibility to perform an inspection safely; determine whether railcars, locomotives, and train brake systems are inspected on the railroad’s network in accordance with such chapter; involve proper communication of identified defects to railroad personnel and make appropriate use of remedial action reports to verify that repairs are made; determine whether managers coerce employees to sign off on any documents verifying an inspection or repair of a railcar, locomotive, or train brake system; determine whether the railroad’s inspection procedures reflect the current operating practices of the railroad carrier; and ensure that railroad inspection procedures only provide for the use of persons permitted to perform each relevant inspection under such chapter. The Secretary shall— schedule the audits required under paragraph (1) to ensure that— every Class I railroad is audited not less frequently than once every 5 years; and a limited number, as determined by the Secretary, of Class II and Class III railroads are audited annually, provided that— no audit of a tourist, scenic, historic, or excursion operation may be required under this subsection; and no other Class II or III railroad may be audited more frequently than once every 5 years; and conduct the audits described in subparagraph (A)(ii) in accordance with— the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); and appendix C of part 209 of title 49, Code of Federal Regulations. If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad’s procedures or practices necessary to ensure compliance with chapter II of subtitle B of title 49, Code of Federal Regulations, the railroad shall eliminate such deficiency, after first being provided the opportunity to address whether such a deficiency exists. In conducting any audit required under this subsection, the Secretary shall consult with the railroad being audited and its employees, including any nonprofit employee labor organization representing the employees of the railroad that conduct railcar, locomotive, or train brake system inspections. The railroad being audited and its employees, including any nonprofit employee labor organization representing mechanical employees, shall fully cooperate with any audit conducted pursuant to this subsection— by providing any relevant documents requested; and by making available any employees for interview without undue delay or obstruction. If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing mechanical employees of the railroad is not fully cooperating with an audit conducted pursuant to this subsection, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such noncooperation. Not later than 5 years after the date of the enactment of this Act, and periodically thereafter, the Secretary shall determine whether any update to chapters I and II of subtitle B of title 49, Code of Federal Regulations, is necessary to ensure the adequacy of railcar, locomotive, and train brake system inspections. The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— summarizes the findings of the audits conducted pursuant to subsection (c) during the most recently concluded fiscal year; summarizes any updates made to chapter I or II of subtitle B of title 49, Code of Federal Regulations, pursuant to this section; and excludes any confidential business information or sensitive security information. Nothing in this section may be construed— to provide the Secretary with any authority to interpret, revise, alter, or apply a collectively bargained agreement, nor any authority over collective bargaining, collectively bargained agreements, or any aspect of the Railway Labor Act (45 U.S.C. 151 et seq.); to alter the terms or interpretations of existing collective bargaining agreements; or to abridge any procedural rights or remedies provided under a collectively bargained agreement. 20172.Time available for inspection(a)In generalNo railroad may limit the time required for an employee to complete a railcar, locomotive, or brake inspection to ensure that each railcar, locomotive, and brake system complies with safety laws and regulations.(b)RequirementEmployees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety.. 20172. Time available for inspection..

20172. Time available for inspection No railroad may limit the time required for an employee to complete a railcar, locomotive, or brake inspection to ensure that each railcar, locomotive, and brake system complies with safety laws and regulations. Employees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety.

5. Defect detectors Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train consist carrying hazardous materials. The regulations issued pursuant to subsection (a) shall include requirements regarding— the frequency of the placement of wayside defect detectors, including a requirement that all Class I railroads install a hotbox detector along every 10-mile segment of rail track over which trains carrying hazardous materials operate; performance standards for such detectors; the maintenance and repair requirements for such detectors; reporting data and maintenance records of such detectors; appropriate steps the rail carrier must take when receiving an alert of a defect or failure from or regarding a wayside defect detector; and the use of hotbox detectors to prevent derailments from wheel bearing failures, including— the temperatures, to be specified by the Secretary, at which an alert from a hotbox detector is triggered to warn of a potential wheel bearing failure; and any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure. The Secretary shall specify the categories of defects and failures that wayside defect detectors covered by regulations issued pursuant to subsection (a) shall address, including— axles; wheel bearings; brakes; signals; wheel impacts; and other defects or failures specified by the Secretary. In issuing regulations under subsection (a), the Secretary shall require that placards covered under section 172.519 of title 49, Code of Federal Regulations, be able to withstand heat in excess of 180 degrees. The Secretary may, upon recommendation from the National Transportation Safety Board, issue such regulations as are necessary to increase the heat threshold described in paragraph (1).

7. Safer tank cars Beginning on May 1, 2030, a rail carrier may not use DOT–111 specification railroad tank cars that do not comply with DOT–117, DOT–117P, or DOT–117R specification requirements, as in effect on the date of enactment of this Act, to transport Class 3 flammable liquids regardless of the composition of the train consist. The Secretary— 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 (a); and may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection (a). Except as required under paragraph (1), nothing in this section may be construed to require the Secretary to issue regulations to implement this section.

9. Freight train crew size safety standards Subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after section 20153 the following: Except as provided in subsection (b), no Class I railroad carrier may operate a freight train without a 2-person crew consisting of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified locomotive engineer. Except as provided in paragraph (2), the requirement under subsection (a) shall not apply with respect to— train operations on track that is not main line track; locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided; locomotives that— are not attached to any equipment or are attached only to a caboose; and travel not farther than 50 miles from the point of origin of such locomotive; and train operations staffed with fewer than a 2-person crew at least 1 year before the date of the enactment of the Safe Freight Act of 2024, 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 (a). The exceptions under paragraph (2) shall not apply with respect to— a high-hazard train; or a train with a total length of at least 7,500 feet. A railroad carrier may seek a waiver of the requirements under subsection (a) in accordance with section 20103(d). In this section: The term high-hazard train means a single train transporting, throughout the train consist— not fewer than 20 tank cars loaded with a flammable liquid (Class 3) (as such term is defined in section 173.120 of title 49, Code of Federal Regulations, or successor regulations); not fewer than 1 tank car or intermodal portable tank load with a material poisonous by inhalation or a material toxic by inhalation (as such term is defined in section 171.8 of title 49, Code of Federal Regulations, or successor regulations); not fewer than 1 car loaded with a type B package or a fissile material package (as such terms are defined in section 173.403 of title 49, Code of Federal Regulations, or successor regulations); not fewer than 10 cars loaded with Class 1 explosives categorized under section 173.50 of title 49, Code of Federal Regulations (or successor regulations) as being in division 1.1, 1.2, or 1.3; not fewer than 5 tank cars loaded with a flammable gas (as such term is defined in section 173.115(a) of title 49, Code of Federal Regulations, or successor regulations); or not fewer than 20 cars loaded with any combination of flammable liquids, flammable gases, or explosives. The term main line track means— a segment or route of railroad tracks— over which 5,000,000 or more gross tons of railroad traffic is transported annually; and that has a maximum authorized speed for freight trains in excess of 25 miles per hours; and intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate. The analysis for subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20153 the following: Nothing in section 20154 of title 49, United States Code, as added by this section, shall be construed to limit the authority of the Secretary under any other provision of law. 20154.Freight train crew size safety standards(a)Minimum crew sizeExcept as provided in subsection (b), no Class I railroad carrier may operate a freight train without a 2-person crew consisting of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified locomotive engineer.(b)Exceptions(1)In generalExcept as provided in paragraph (2), the requirement under subsection (a) shall not apply with respect to—(A)train operations on track that is not main line track;(B)locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided;(C)locomotives that—(i)are not attached to any equipment or are attached only to a caboose; and(ii)travel not farther than 50 miles from the point of origin of such locomotive; and(D)train operations staffed with fewer than a 2-person crew at least 1 year before the date of the enactment of the Safe Freight Act of 2024, 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 (a).(2)Trains ineligible for exceptionThe exceptions under paragraph (2) shall not apply with respect to—(A)a high-hazard train; or(B)a train with a total length of at least 7,500 feet.(c)WaiverA railroad carrier may seek a waiver of the requirements under subsection (a) in accordance with section 20103(d).(d)DefinitionsIn this section:(1)High-hazard trainThe term high-hazard train means a single train transporting, throughout the train consist—(A)not fewer than 20 tank cars loaded with a flammable liquid (Class 3) (as such term is defined in section 173.120 of title 49, Code of Federal Regulations, or successor regulations);(B)not fewer than 1 tank car or intermodal portable tank load with a material poisonous by inhalation or a material toxic by inhalation (as such term is defined in section 171.8 of title 49, Code of Federal Regulations, or successor regulations);(C)not fewer than 1 car loaded with a type B package or a fissile material package (as such terms are defined in section 173.403 of title 49, Code of Federal Regulations, or successor regulations);(D)not fewer than 10 cars loaded with Class 1 explosives categorized under section 173.50 of title 49, Code of Federal Regulations (or successor regulations) as being in division 1.1, 1.2, or 1.3;(E)not fewer than 5 tank cars loaded with a flammable gas (as such term is defined in section 173.115(a) of title 49, Code of Federal Regulations, or successor regulations); or(F)not fewer than 20 cars loaded with any combination of flammable liquids, flammable gases, or explosives.(2)Main line trackThe term main line track means—(A)a segment or route of railroad tracks—(i)over which 5,000,000 or more gross tons of railroad traffic is transported annually; and(ii)that has a maximum authorized speed for freight trains in excess of 25 miles per hours; and(B)intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate.. 20154. Freight train crew size safety standards..

20154. Freight train crew size safety standards Except as provided in subsection (b), no Class I railroad carrier may operate a freight train without a 2-person crew consisting of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified locomotive engineer. Except as provided in paragraph (2), the requirement under subsection (a) shall not apply with respect to— train operations on track that is not main line track; locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided; locomotives that— are not attached to any equipment or are attached only to a caboose; and travel not farther than 50 miles from the point of origin of such locomotive; and train operations staffed with fewer than a 2-person crew at least 1 year before the date of the enactment of the Safe Freight Act of 2024, 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 (a). The exceptions under paragraph (2) shall not apply with respect to— a high-hazard train; or a train with a total length of at least 7,500 feet. A railroad carrier may seek a waiver of the requirements under subsection (a) in accordance with section 20103(d). In this section: The term high-hazard train means a single train transporting, throughout the train consist— not fewer than 20 tank cars loaded with a flammable liquid (Class 3) (as such term is defined in section 173.120 of title 49, Code of Federal Regulations, or successor regulations); not fewer than 1 tank car or intermodal portable tank load with a material poisonous by inhalation or a material toxic by inhalation (as such term is defined in section 171.8 of title 49, Code of Federal Regulations, or successor regulations); not fewer than 1 car loaded with a type B package or a fissile material package (as such terms are defined in section 173.403 of title 49, Code of Federal Regulations, or successor regulations); not fewer than 10 cars loaded with Class 1 explosives categorized under section 173.50 of title 49, Code of Federal Regulations (or successor regulations) as being in division 1.1, 1.2, or 1.3; not fewer than 5 tank cars loaded with a flammable gas (as such term is defined in section 173.115(a) of title 49, Code of Federal Regulations, or successor regulations); or not fewer than 20 cars loaded with any combination of flammable liquids, flammable gases, or explosives. The term main line track means— a segment or route of railroad tracks— over which 5,000,000 or more gross tons of railroad traffic is transported annually; and that has a maximum authorized speed for freight trains in excess of 25 miles per hours; and intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate.