I 

113TH CONGRESS 

2D SESSION H. R. 5868 

To provide for a study by the Transportation Research Board of the National 

Academies on the impact of diverting certain freight rail traffic to avoid 

urban areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2014 

Mr. ELLISON introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To provide for a study by the Transportation Research 

Board of the National Academies on the impact of diverting certain freight rail traffic to avoid urban areas, 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. FINDINGS. 

4 Congress finds the following: 

5 (1) The volume of crude oil transported by rail 

6 has significantly increased from— 

7 (A) 21,000 barrels a day in 2009 to 1.1 

8 million barrels a day in 2014; and 


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1 (B) 9,500 rail-carloads in 2008 to 415,000 

2 rail-carloads in 2013. 

3 (2) At any given time, more than 2.5 million 

4 gallons of crude oil is being transported across the 

5 country to refineries totaling a distance of more 

6 than 1000 miles. 

7 (3) More oil was spilled in 2013 from freight 

8 traffic than in the previous 4 decades combined. 

9 (4) Increased spills result in catastrophes that 

10 have significantly and adversely impacted the fol11 lowing communities: 

12 (A) Minnesota, in March 2013, when 

13 30,000 gallons of crude oil spilled because of 

14 derailed cars. 

15 (B) Lac-Me ́gantic, Canada, in July 2013, 

16 when 1.6 million gallons of crude oil spilled, ig17 niting a fire and exploding, killing 47 people 

18 and forcing 2,000 people from their homes. 

19 (C) North Dakota, in December 2013, 

20 when 400,000 million gallons of crude oil 

21 spilled, igniting a fire and forcing 65 percent of 

22 residents from their homes. 

23 (D) Virginia, in March 2014, when thou24 sands of gallons of oil spilled, contaminating 


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1 the James River and requiring the evacuation 

2 of 78,000 people in the downtown of the city. 

3 (5) Hazardous materials must be properly clas4 sified for transportation, according to requirements 

5 from the Pipeline and Hazardous Materials Safety 

6 Administration (PHMSA). 

7 (6) Crude oil is categorized as a Class 3 flam8 mable liquid in either Packing Group (PG) I or II. 

9 (7) Due to serious mislabeling practices, the 

10 Department of Transportation’s Emergency Order 

11 (Docket No. DOT–OST–2014–0025) from February 

12 2014 has forbidden the labeling of crude oil as PG 

13 III for transport and handling until further notice; 

14 shipments must be labeled as either PG I (most seri15 ous hazard) or PG II (moderate hazard) for proper 

16 handling and transport of crude oil. 

17 (8) PHMSA has found that crude oil from the 

18 Bakken region (in North Dakota, Montana, and 

19 Canada) is ‘‘more volatile than most other types of 

20 crude,’’ and subsequently, more flammable. 

21 (9) The samples that PHMSA tested from the 

22 Bakken region ‘‘displayed characteristics consistent 

23 with those of a Class 3 flammable liquid, PG I or 

24 II, with a predominance to PG I, the most dan25 gerous class of Class 3 flammable liquids’’. 


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1 (10) The oil industry group North Dakota Pe2 troleum Council has recommended that Bakken 

3 crude oil be labeled as PG I hazardous materials for 

4 transportation. 

5 (11) Oil from the Bakken region accounts for 

6 about 12 percent of total domestic production. 

7 (12) The National Transportation Safety Board 

8 (NTSB) has expressed concern ‘‘that major loss of 

9 life, property damage and environmental con10 sequences can occur when large volumes of crude oil 

11 or other flammable liquids are transported on a sin12 gle train involved in an accident’’. 

13 (13) The NTSB has recommended that routes 

14 transporting hazardous materials present the fewest 

15 overall safety and security risks by avoiding popu16 lated areas. 

17 SEC. 2. STUDY ON IMPACT OF DIVERTING CERTAIN 

18 FREIGHT RAIL TO AVOID URBAN AREAS. 

19 (a) IN GENERAL.—Not later than 3 months after the 

20 date of enactment of this Act, the Secretary of Transpor21 tation shall make appropriate arrangements with the 

22 Transportation Research Board of the National Acad23 emies under which the Board shall conduct a study on 

24 the cost and impact of rerouting freight rail traffic conVerDate Sep 11 2014 23:39 Dec 22, 2014 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5868.IH H5868

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1 taining hazardous material to avoid transportation of such 

2 hazardous material through urban areas. 

3 (b) CONTENTS OF STUDY.—The study described 

4 under subsection (a) shall include— 

5 (1) the benefits of rerouting freight rail traffic 

6 containing hazardous material to alternate existing 

7 railroad routes that avoid urban areas, including 

8 benefits to the health and safety of the individuals 

9 living in such urban areas; 

10 (2) the benefits of construction of alternative 

11 railroad routes that avoid urban areas for transpor12 tation of freight rail containing hazardous material; 

13 (3) the logistical feasibility of the actions de14 scribed in paragraphs (1) and (2); and 

15 (4) the costs of taking the actions described in 

16 paragraphs (1) and (2). 

17 (c) REPORT.—In entering into an arrangement under 

18 subsection (a), the Secretary shall request that the Board 

19 transmit to Congress a report on the results of the study 

20 not later than 21 months after the date of enactment of 

21 this Act. 

22 (d) DEFINITIONS.— 

23 (1) HAZARDOUS MATERIAL.—The term ‘‘haz24 ardous material’’ has the meaning given such term 

25 in section 5102 of title 49, United States Code. 


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1 (2) URBAN AREA.—The term ‘‘urban area’’ 

2 means an urban area, as designated by the Bureau 

3 of the Census, with a population of greater than 

4 30,000. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $850,000 to carry out 

7 this Act. 

Æ 


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