II 

118TH CONGRESS 

1ST SESSION S. 576 

To enhance safety requirements for trains transporting hazardous materials, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2023 

Mr. BROWN (for himself, Mr. VANCE, Mr. CASEY, Mr. RUBIO, Mr. 

FETTERMAN, and Mr. HAWLEY) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To enhance safety requirements for trains transporting 

hazardous materials, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Railway Safety Act of 2023’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Defined term. 

Sec. 3. Safety requirements for trains transporting hazardous materials. 

Sec. 4. Rail car inspections. 

Sec. 5. Defect detectors. 


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Sec. 6. Safe Freight Act of 2023. 

Sec. 7. Increasing maximum civil penalties for violations of rail safety regulations. 

Sec. 8. Safer tank cars. 

Sec. 9. Hazardous materials training for first responders. 

Sec. 10. Rail safety infrastructure research and development grants. 

Sec. 11. Appropriations for tank car research and development. 

1 SEC. 2. DEFINED TERM. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation. 

4 SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANS5 PORTING HAZARDOUS MATERIALS. 

6 (a) RULEMAKING.—Not later than 1 year after the 

7 date of the enactment of this Act, the Secretary shall issue 

8 regulations, or modify existing regulations, establishing 

9 safety requirements, in accordance with subsection (b), 

10 with which a shipper or rail carrier operating a train 

11 transporting hazardous materials that is not subject to the 

12 requirements for a high-hazard flammable train under sec13 tion 174.310 of title 49, Code of Federal Regulations, 

14 shall comply with respect to the operation of each such 

15 train and the maintenance of specification tank cars. 

16 (b) REQUIREMENTS.—The regulations issued pursu17 ant to subsection (a) shall require shippers and rail car18 riers— 

19 (1) to provide advance notification and informa20 tion regarding the transportation of hazardous mate21 rials described in subsection (a) to each State emer22 gency response commissioner, the tribal emergency 


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1 response commission, or any other State or tribal 

2 agency responsible for receiving the information no3 tification for emergency response planning informa4 tion; 

5 (2) to include, in the notification provided pur6 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 re10 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 (d) HIGH-HAZARD FLAMMABLE TRAINS.—The Sec25 retary may modify the safety requirements for trains subVerDate Sep 11 2014 04:31 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S576.IS S576

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1 ject to section 174.310 of title 49, Code of Federal Regu2 lations, to satisfy, in whole or in part, the rulemaking re3 quired under subsection (a). 

4 SEC. 4. RAIL CAR INSPECTIONS. 

5 (a) RULEMAKING.— 

6 (1) INSPECTION REQUIREMENTS.—Not later 

7 than 1 year after date of the enactment of this Act, 

8 the Secretary shall review and update, as necessary, 

9 applicable regulations under chapters I and II of 

10 subtitle B of title 49, Code of Federal Regulations— 

11 (A) to create minimum time requirements 

12 that a qualified mechanical inspector must 

13 spend when inspecting a rail car or locomotive; 

14 and 

15 (B) to ensure that all rail cars and loco16 motives in train consists that carry hazardous 

17 materials are inspected by a qualified mechan18 ical inspector at intervals determined by the 

19 Secretary. 

20 (2) ABBREVIATED PRE-DEPARTURE INSPEC21 TION.—The Secretary shall immediately amend sec22 tion 215.13(c) of title 49, Code of Federal Regula23 tions (permitting an abbreviated pre-departure in24 spection procedure) with respect to rail cars in train 

25 consists carrying hazardous materials. 


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1 (b) AUDITS.— 

2 (1) IN GENERAL.—Not later than 60 days after 

3 the date of the enactment of this Act, the Secretary 

4 shall initiate audits of Federal rail car inspection 

5 programs, subject to the requirements under part 

6 215 of title 49, Code of Federal Regulations, 

7 which— 

8 (A) consider whether such programs are in 

9 compliance with such part 215; 

10 (B) assess the type and content of training 

11 and performance metrics that such programs 

12 provide rail car inspectors; 

13 (C) determine whether such programs pro14 vide inspectors with adequate time to inspect 

15 rail cars; 

16 (D) determine whether such programs re17 flect the current operating practices of the rail18 road carrier; and 

19 (E) ensure that inspection programs are 

20 not overly reliant on train crews. 

21 (2) AUDIT SCHEDULING.—The Secretary 

22 shall— 

23 (A) schedule the audits required under 

24 paragraph (1) to ensure that— 


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1 (i) each Class I railroad is audited not 

2 less frequently than once every 5 years; 

3 and 

4 (ii) a select number, as determined by 

5 the Secretary, of Class II and Class III 

6 railroads are audited annually; and 

7 (B) conduct the audits described in sub8 paragraph (A)(ii) in accordance with— 

9 (i) the Small Business Regulatory En10 forcement Fairness Act of 1996 (5 U.S.C. 

11 601 note); and 

12 (ii) appendix C of part 209 of title 49, 

13 Code of Federal Regulations. 

14 (3) UPDATES TO INSPECTION PROGRAM.—If, 

15 during an audit required under this subsection, the 

16 auditor identifies a deficiency in a railroad’s inspec17 tion program, the railroad shall update the program 

18 to eliminate such deficiency. 

19 (4) CONSULTATION AND COOPERATION.— 

20 (A) CONSULTATION.—In conducting any 

21 audit required under this subsection, the Sec22 retary shall consult with the railroad being au23 dited and its employees, including any nonprofit 

24 employee labor organization representing the 

25 mechanical employees of the railroad. 


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1 (B) COOPERATION.—The railroad being 

2 audited and its employees, including any non3 profit employee labor organization representing 

4 mechanical employees, shall fully cooperate with 

5 any audit conducted pursuant to this sub6 section— 

7 (i) by providing any relevant docu8 ments requested; and 

9 (ii) by making available any employees 

10 for interview without undue delay or ob11 struction. 

12 (C) FAILURE TO COOPERATE.—If the Sec13 retary determines that a railroad or any of its 

14 employees, including any nonprofit employee 

15 labor organization representing mechanical em16 ployees of the railroad is not fully cooperating 

17 with an audit conducted pursuant to this sub18 section, the Secretary shall electronically notify 

19 the Committee on Commerce, Science, and 

20 Transportation of the Senate and the Com21 mittee on Transportation and Infrastructure of 

22 the House of Representatives of such non23 cooperation. 

24 (c) REVIEW OF REGULATIONS.—The Secretary shall 

25 triennially determine whether any update to part 215 of 


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1 title 49, Code of Federal Regulations, is necessary to en2 sure the safety of rail cars transported by rail carriers. 

3 (d) ANNUAL REPORT.—The Secretary shall publish 

4 an annual report on the public website of the Federal Rail5 road Administration that— 

6 (1) summarizes the findings of the prior year’s 

7 audits; 

8 (2) summarizes any updates made pursuant to 

9 this section; and 

10 (3) excludes any confidential business informa11 tion or sensitive security information. 

12 (e) RULE OF CONSTRUCTION.—Nothing in this sec13 tion may be construed— 

14 (1) to limit the deployment of pilot programs 

15 for the installation, test, verification, and review of 

16 automated rail and train inspection technologies; or 

17 (2) to direct the Secretary to waive any existing 

18 inspection requirements under chapter I or II of 

19 subtitle B of title 49, Code of Federal Regulations, 

20 as part of pilot programs. 

21 SEC. 5. DEFECT DETECTORS. 

22 (a) RULEMAKING.—Not later than 1 year after the 

23 date of the enactment of this Act, the Secretary shall issue 

24 regulations establishing requirements for the installation, 

25 repair, testing, maintenance, and operation of wayside deVerDate Sep 11 2014 04:31 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S576.IS S576

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1 fect detectors for each rail carrier operating a train consist 

2 carrying hazardous materials. 

3 (b) REQUIREMENTS.—The regulations issued pursu4 ant to subsection (a) shall include requirements regard5 ing— 

6 (1) the frequency of the placement of wayside 

7 defect detectors, including a requirement that all 

8 Class I railroads install a hotbox detector along 

9 every 10-mile segment of rail track over which trains 

10 carrying hazardous materials operate; 

11 (2) performance standards for such detectors; 

12 (3) the maintenance and repair requirements 

13 for such detectors; 

14 (4) reporting data and maintenance records of 

15 such detectors; 

16 (5) appropriate steps the rail carrier must take 

17 when receiving an alert of a defect or failure from 

18 or regarding a wayside defect detector; and 

19 (6) the use of hotbox detectors to prevent 

20 derailments from wheel bearing failures, including— 

21 (A) the temperatures, to be specified by 

22 the Secretary, at which an alert from a hotbox 

23 detector is triggered to warn of a potential 

24 wheel bearing failure; and 


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1 (B) any actions that shall be taken by a 

2 rail carrier upon receiving an alert from a hot3 box detector of a potential wheel bearing fail4 ure. 

5 (c) DEFECT AND FAILURE IDENTIFICATION.—The 

6 Secretary shall specify the categories of defects and fail7 ures that wayside defect detectors covered by regulations 

8 issued pursuant to subsection (a) shall address, includ9 ing— 

10 (1) axles; 

11 (2) wheel bearings; 

12 (3) brakes; 

13 (4) signals; 

14 (5) wheel impacts; and 

15 (6) other defects or failures specified by the 

16 Secretary. 

17 SEC. 6. SAFE FREIGHT ACT OF 2023. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘Safe Freight Act of 2023’’. 

20 (b) FREIGHT TRAIN CREW SIZE.—Subchapter II of 

21 chapter 201 of title 49, United States Code, is amended 

22 by inserting after section 20153 the following: 

23 ‘‘§ 20154. Freight train crew size safety standards 

24 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

25 operated without a 2-person crew consisting of at least 1 


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1 appropriately qualified and certified conductor and 1 ap2 propriately qualified and certified locomotive engineer. 

3 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

4 (c), the requirement under subsection (a) shall not apply 

5 with respect to— 

6 ‘‘(1) train operations on track that is not a 

7 main line track; 

8 ‘‘(2) a freight train operated— 

9 ‘‘(A) by a railroad carrier that has fewer 

10 than 400,000 total employee work hours annu11 ally and less than $40,000,000 annual revenue 

12 (adjusted for inflation, as calculated by the Sur13 face Transportation Board Railroad Inflation14 Adjusted Index and Deflator Factor Table); 

15 ‘‘(B) at a speed of not more than 25 miles 

16 per hour; and 

17 ‘‘(C) on a track with an average track 

18 grade of less than 2 percent for any segment of 

19 track that is at least 2 continuous miles; 

20 ‘‘(3) locomotives performing assistance to a 

21 train that has incurred mechanical failure or lacks 

22 the power to traverse difficult terrain, including 

23 traveling to or from the location where assistance is 

24 provided; 

25 ‘‘(4) locomotives that— 


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1 ‘‘(A) are not attached to any equipment or 

2 are attached only to a caboose; and 

3 ‘‘(B) do not travel further than 30 miles 

4 from the point of origin of such locomotive; and 

5 ‘‘(5) train operations staffed with fewer than a 

6 2-person crew at least 1 year before the date of en7 actment of this section, if the Secretary determines 

8 that such operations achieve an equivalent level of 

9 safety as would result from compliance with the re10 quirement under subsection (a). 

11 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex12 ceptions under subsection (b) may not be applied to— 

13 ‘‘(1) a train transporting 1 or more loaded cars 

14 carrying material toxic by inhalation (as defined in 

15 section 171.8 of title 49, Code of Federal Regula16 tions); 

17 ‘‘(2) a train transporting— 

18 ‘‘(A) 20 or more loaded tank cars of a 

19 Class 2 material or a Class 3 flammable liquid 

20 in a continuous block; or 

21 ‘‘(B) 35 or more loaded tank cars of a 

22 Class 2 material or a Class 3 flammable liquid 

23 throughout the train consist; or 

24 ‘‘(3) a train with a total length of at least 

25 7,500 feet. 


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1 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

2 of the requirements under this section in accordance with 

3 section 20103(d).’’. 

4 (c) CLERICAL AMENDMENT.—The analysis for sub5 chapter II of chapter 201 of title 49, United States Code, 

6 is amended by inserting after the item relating to section 

7 20153 the following: 

‘‘20154. Freight train crew size.’’. 

8 SEC. 7. INCREASING MAXIMUM CIVIL PENALTIES FOR VIO9 LATIONS OF RAIL SAFETY REGULATIONS. 

10 (a) CIVIL PENALTIES RELATED TO TRANSPORTING

11 HAZARDOUS MATERIALS.—Section 5123(a) of title 49, 

12 United States Code, is amended— 

13 (1) in paragraph (1), in the matter preceding 

14 subparagraph (A), by striking ‘‘$75,000’’ and insert15 ing ‘‘the greater of 0.5 percent of the person’s an16 nual income or annual operating income or 

17 $750,000’’; and 

18 (2) in paragraph (2), by striking ‘‘$175,000’’ 

19 and inserting ‘‘the greater of 1 percent of the per20 son’s annual income or annual operating income or 

21 $1,750,000’’. 

22 (b) GENERAL VIOLATIONS OF CHAPTER 201.—Sec23 tion 21301(a)(2) of title 49, United States Code, is 

24 amended— 


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1 (1) by striking ‘‘$25,000.’’ and inserting ‘‘the 

2 greater of 0.5 percent of the person’s annual income 

3 or annual operating income or $250,000’’; and 

4 (2) by striking ‘‘$100,000.’’ and inserting ‘‘the 

5 greater of 1 percent of the person’s annual income 

6 or annual operating income or $1,000,000’’. 

7 (c) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP8 TER 201; VIOLATIONS OF CHAPTERS 203 THROUGH

9 209.—Section 21302(a) is amended— 

10 (1) in paragraph (1), by striking ‘‘203–209’’ 

11 each place it appears and inserting ‘‘203 through 

12 209’’; and 

13 (2) in paragraph (2)— 

14 (A) by striking ‘‘$25,000’’ and inserting 

15 ‘‘the greater of 0.5 percent of the person’s an16 nual income or annual operating income or 

17 $250,000’’; and 

18 (B) by striking ‘‘$100,000’’ and inserting 

19 ‘‘the greater of 1 percent of the person’s annual 

20 income or annual operating income or 

21 $1,000,000’’. 

22 (d) VIOLATIONS OF CHAPTER 211.—Section 

23 21303(a)(2) is amended— 


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1 (1) by striking ‘‘$25,000.’’ and inserting ‘‘the 

2 greater of 0.5 percent of the person’s annual income 

3 or annual operating income or $250,000’’; and 

4 (2) by striking ‘‘$100,000.’’ and inserting ‘‘the 

5 greater of 1 percent of the person’s annual income 

6 or annual operating income or $1,000,000’’. 

7 SEC. 8. SAFER TANK CARS. 

8 (a) PHASE-OUT SCHEDULE.—Beginning on May 1, 

9 2025, a rail carrier may not use DOT–111 specification 

10 railroad tank cars that do not comply with DOT–117, 

11 DOT–117P, or DOT–117R specification requirements, as 

12 in effect on the date of enactment of this Act, to transport 

13 Class 3 flammable liquids regardless of the composition 

14 of the train consist. 

15 (b) CONFORMING REGULATORY AMENDMENTS.— 

16 (1) IN GENERAL.—The Secretary— 

17 (A) shall immediately remove or revise the 

18 date-specific deadlines in any applicable regula19 tions or orders to the extent necessary to con20 form with the requirement under subsection (a); 

21 and 

22 (B) may not enforce any date-specific 

23 deadlines or requirements that are inconsistent 

24 with the requirement under subsection (a). 


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1 (2) RULE OF CONSTRUCTION.—Except as re2 quired under paragraph (1), nothing in this section 

3 may be construed to require the Secretary to issue 

4 regulations to implement this section. 

5 SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST RE6 SPONDERS. 

7 (a) ANNUAL REGISTRATION FEE.—Section 5108(g) 

8 of title 49, United States Code, is amended by adding at 

9 the end the following: 

10 ‘‘(4) ADDITIONAL FEE FOR CLASS I RAIL CAR11 RIERS.—In addition to the fees collected pursuant to 

12 paragraphs (1) and (2), the Secretary shall establish 

13 and annually impose and collect from each Class I 

14 rail carrier a fee in an amount equal to 

15 $1,000,000.’’. 

16 (b) ASSISTANCE FOR LOCAL EMERGENCY RESPONSE

17 TRAINING.—Section 5116(j)(1)(A) of title 49, United 

18 States Code, is amended— 

19 (1) by striking ‘‘liquids’’ and inserting ‘‘mate20 rials’’; and 

21 (2) in paragraph (3), by amending subpara22 graph (A) to read as follows: 

23 ‘‘(A) IN GENERAL.—To carry out the 

24 grant program established pursuant to paraVerDate Sep 11 2014 04:31 Mar 09, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S576.IS S576

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1 graph (1),the Secretary may expend, during 

2 each fiscal year— 

3 ‘‘(i) the amounts collected pursuant to 

4 section 5108(g)(4); and 

5 ‘‘(ii) any amounts recovered during 

6 such fiscal year from grants awarded 

7 under this section during a prior fiscal 

8 year.’’. 

9 (c) SUPPLEMENTAL TRAINING GRANTS.—Section 

10 5128(b)(4) of title 49, United States Code is amended by 

11 striking ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 

12 SEC. 10. RAIL SAFETY INFRASTRUCTURE RESEARCH AND 

13 DEVELOPMENT GRANTS. 

14 (a) RESEARCH REQUIREMENT.—The Administrator 

15 of the Federal Railroad Administration shall award 

16 grants, in accordance with section 22907 of title 49, 

17 United States Code, and the restrictions and limitations 

18 on eligibility for Class I railroads under such section, for 

19 research and development of wayside defect detectors to 

20 better prevent the derailment of trains transporting haz21 ardous materials. 

22 (b) FUNDING.— 

23 (1) APPROPRIATION.—There is appropriated to 

24 the Federal Railroad Administration, out of any 

25 funds in the Treasury not otherwise appropriated, 


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1 $22,000,000, which shall be used for the grants au2 thorized under subsection (a) for the improvement 

3 and research of wayside defect defectors and the 

4 prevention of derailments of trains containing haz5 ardous materials. 

6 (2) AVAILABILITY OF FUNDING.—Amounts ap7 propriated under this subsection shall remain avail8 able until expended 

9 SEC. 11. APPROPRIATIONS FOR TANK CAR RESEARCH AND 

10 DEVELOPMENT. 

11 There is appropriated to the Pipeline and Hazardous 

12 Materials Safety Administration, out of any funds in the 

13 Treasury not otherwise appropriated, $5,000,000, which 

14 shall be used for expenses related to the development of— 

15 (1) stronger, safer tank cars and valves for 

16 tank cars; and 

17 (2) other tank car safety features. 

Æ 


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