I 

113TH CONGRESS 

2D SESSION H. R. 4689 

To require a plan approved by the Surface Transportation Board for the 

long-term storage of rail cars on certain railroad tracks. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2014 

Mr. KLINE introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To require a plan approved by the Surface Transportation 

Board for the long-term storage of rail cars on certain 

railroad tracks. 

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

3 SECTION 1. STORAGE OF RAIL CARS. 

4 (a) AMENDMENT.—Chapter 109 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 10911. Storage of rail cars 

8 ‘‘(a) REQUIREMENT OF STORAGE PLAN.— 

9 ‘‘(1) GENERAL RULE.—A rail carrier providing 

10 transportation subject to the jurisdiction of the 


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1 Board under this part who has stored any rail cars, 

2 including rail cars that it owns or leases, on tracks 

3 described in paragraph (2) for a period of 3 years 

4 or more and continues to store such cars on such 

5 tracks on the date of enactment of this section shall 

6 submit to the Board a plan for such storage under 

7 subsection (b). 

8 ‘‘(2) COVERED TRACKS.—Tracks referred to in 

9 paragraph (1) are tracks passing through an area 

10 zoned for commercial or residential use that were 

11 designed or previously used for through transpor12 tation of trains, and do not include rail yard or stor13 age yard tracks. 

14 ‘‘(b) PLAN.— 

15 ‘‘(1) CONTENTS.—A plan submitted to the 

16 Board under subsection (a)(1) shall contain— 

17 ‘‘(A) an explanation of the rail carrier’s 

18 reasons for the storage of rail cars on the 

19 tracks specified in the plan, including an expla20 nation of why no suitable alternative site for 

21 storage of the rail cars exists; 

22 ‘‘(B) a description of the tracks on which 

23 the rail cars are stored or will be stored, includ24 ing the proximity of such tracks to a home or 

25 school; 


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1 ‘‘(C) evidence that the rail carrier has 

2 worked with the relevant local community to de3 velop measures described in subparagraphs (D) 

4 and (E); 

5 ‘‘(D) a description of measures to be un6 dertaken to ensure that the rail car storage will 

7 not jeopardize the public safety for the duration 

8 of the period to which the plan applies; 

9 ‘‘(E) a description of measures to be un10 dertaken to mitigate any impacts of the long11 term storage of rail cars on the community 

12 through which the tracks pass; and 

13 ‘‘(F) an estimated timeline for the final 

14 disposition of the rail cars to be stored on the 

15 specified tracks. 

16 ‘‘(2) APPROVAL.—Not later than 6 months 

17 after receiving a complete plan under this section, 

18 the Board, after public notice and an opportunity for 

19 public comment, shall approve or disapprove the 

20 plan. The Board shall approve the plan unless the 

21 Board determines that the storage of rail cars cov22 ered by the plan jeopardizes public safety, including 

23 the safety of children. Any such determination shall 

24 be based on information provided in the plan, by the 


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1 local community, or otherwise through public com2 ment. 

3 ‘‘(c) AUTHORITY.— 

4 ‘‘(1) GENERAL RULE.—Except as provided in 

5 paragraph (2), a rail carrier providing transpor6 tation subject to the jurisdiction of the Board under 

7 this part may store rail cars as described in sub8 section (a) only in accordance with a plan for such 

9 storage approved by the Board under subsection 

10 (b)(2). 

11 ‘‘(2) INTERIM AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the Board shall authorize 

14 the temporary storage of rail cars as described 

15 in subsection (a) for a period before a plan has 

16 been approved under subsection (b)(2) if the 

17 Board determines that a plan for such storage 

18 has been submitted, or is being prepared for 

19 submittal in a timely manner, for approval 

20 under subsection (b). 

21 ‘‘(B) EXCEPTION.—The Board shall not 

22 authorize temporary storage under this para23 graph if the Board finds, on its own initiative 

24 or pursuant to information provided by the 

25 local community, that such storage poses a sigVerDate Mar 15 2010 03:34 May 29, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4689.IH H4689

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1 nificant safety hazard, including to the safety of 

2 children. 

3 ‘‘(d) ENFORCEMENT.— 

4 ‘‘(1) PETITIONS.—The Board shall establish 

5 procedures to enable a local governmental entity to 

6 petition the Board to enforce this section. 

7 ‘‘(2) PENALTIES.—Each rail car with respect to 

8 which a violation of this section has occurred shall 

9 be considered a separate violation for purposes of 

10 section 11901(a).’’. 

11 (b) TABLE OF SECTIONS.—The table of sections for 

12 such chapter is amended by adding at the end the fol13 lowing new item: 

‘‘10911. Storage of rail cars.’’. 

Æ 


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