I 

108TH CONGRESS 

2D SESSION H. R. 4896

To provide for the security of the United States railroad system. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. OBERSTAR (for himself, Ms. CORRINE BROWN of Florida, Mr. LIPINSKI, 

Mr. DEFAZIO, Mr. CUMMINGS, Mr. BLUMENAUER, Mr. LARSEN of Washington, Mr. BISHOP of New York, and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL

To provide for the security of the United States railroad 

system.

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. 

4 This Act may be cited as the ‘‘Protecting Railroad 

5 Operators, Travelers, Employees, and Communities with 

6 Transportation Security Act of 2004’’. 

7 SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESS8 MENT. 

9 (a) IN GENERAL.—
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1 (1) VULNERABILITY ASSESSMENT.—The Sec2 retary of Transportation, in consultation with the 

3 Secretary of Homeland Security, shall complete a 

4 vulnerability assessment of railroad transportation. 

5 The assessment shall include—

6 (A) identification and evaluation of critical 

7 assets and infrastructures to reduce the vulner8 ability of the railroad transportation system in 

9 the event of an attack on any one target and 

10 to ensure that our cities continue to function 

11 should an attack occur; 

12 (B) identification of threats to those assets 

13 and infrastructures; 

14 (C) identification of vulnerabilities that are 

15 specific to the transportation of hazardous ma16 terials by railroad; 

17 (D) identification of redundant and backup 

18 systems required to ensure the continued oper19 ation of critical elements of the railroad system 

20 in the event of an attack or other incident, in21 cluding disruption of commercial electric power 

22 or communications networks; and 

23 (E) identification of security weaknesses in 

24 passenger and cargo security, transportation in25 frastructure, protection systems, procedural 
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1 policies, communications systems, employee 

2 training, emergency response planning, and any 

3 other area identified by the assessment. 

4 (2) EXISTING PRIVATE AND PUBLIC SECTOR

5 EFFORTS.—The assessment may take into account 

6 actions taken or planned by both public and private 

7 entities to address identified security issues and as8 sess the effective integration of such actions. 

9 (3) RECOMMENDATIONS.—Based on the assess10 ment conducted under paragraph (1), the Secretary 

11 of Transportation, in consultation with the Secretary 

12 of Homeland Security, shall develop prioritized rec13 ommendations for improving rail security, including 

14 any recommendations the Secretary of Transpor15 tation has for—

16 (A) improving the security of rail tunnels, 

17 rail bridges, rail switching and car storage 

18 areas, other rail infrastructure and facilities, in19 formation systems, and other areas identified 

20 by the Secretary of Transportation as posing 

21 significant rail-related risks to public safety and 

22 the movement of interstate commerce, taking 

23 into account the impact that any proposed secu24 rity measure might have on the provision of rail 

25 service; 
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1 (B) monitoring critical assets and infra2 structure; 

3 (C) deploying equipment to detect explo4 sives and hazardous chemical, biological, and 

5 radioactive substances, and any appropriate 

6 countermeasures; 

7 (D) training employees and emergency re8 sponders in terrorism prevention, passenger 

9 evacuation, including tunnel evacuation, and re10 sponse activities; 

11 (E) conducting public outreach campaigns 

12 on passenger railroads; 

13 (F) deploying surveillance equipment; and 

14 (G) identifying the immediate and long15 term costs of measures that may be required to 

16 address those risks. 

17 (4) PLANS.—The report required by subsection 

18 (c) shall include—

19 (A) a plan for the Federal Government to 

20 provide increased security support at high or 

21 severe threat levels of alert; and 

22 (B) a plan for coordinating rail security 

23 initiatives undertaken by the public and private 

24 sectors. 
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1 (b) CONSULTATION; USE OF EXISTING RE2 SOURCES.—In carrying out the assessment required by 

3 subsection (a), the Secretary of Transportation shall con4 sult with railroad carriers, nonprofit employee organiza5 tions that represent railroad workers, owners or lessors 

6 of rail cars used to transport hazardous materials, ship7 pers of hazardous materials by rail, public safety officials 

8 (including those within other Federal agencies), and other 

9 relevant parties. 

10 (c) REPORT.—

11 (1) CONTENTS.—Not later than 180 days after 

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

13 Transportation shall transmit to the Committee on 

14 Commerce, Science, and Transportation of the Sen15 ate and the Committee on Transportation and Infra16 structure of the House of Representatives a report 

17 containing the assessment and prioritized rec18 ommendations required by subsection (a) and an es19 timate of the cost to implement such recommenda20 tions. 

21 (2) FORMAT.—The Secretary of Transportation 

22 may submit the report in both classified and re23 dacted formats if the Secretary of Transportation 

24 determines that such action is appropriate or nec25 essary. 
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1 (d) 2-YEAR UPDATES.—The Secretary of Transpor2 tation, in consultation with the Secretary of Homeland Se3 curity, shall update the assessment and recommendations 

4 every 2 years and transmit a report, which may be sub5 mitted in both classified and redacted formats, to the 

6 Committees named in subsection (c)(1), containing the up7 dated assessment and recommendations. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary of 

10 Transportation $5,000,000 for fiscal year 2005 for the 

11 purpose of carrying out this section. 

12 SEC. 3. MEMORANDUM OF AGREEMENT. 

13 Not later than 60 days after the date of enactment 

14 of this Act, the Secretary of Transportation and the Sec15 retary of Homeland Security shall execute a memorandum 

16 of agreement governing the roles and responsibilities of 

17 the Department of Transportation and the Department of 

18 Homeland Security, respectively, in addressing railroad 

19 transportation security matters, including the processes 

20 the departments will follow to promote communications, 

21 efficiency, and nonduplication of effort. 

22 SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 

23 PROGRAMS. 

24 (a) REQUIREMENT FOR STUDY.—Not later than one 

25 year after the date of enactment of this Act, the Comp-
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1 troller General shall complete a study of the rail passenger 

2 transportation security programs that are carried out for 

3 rail transportation systems in Japan, member nations of 

4 the European Union, and other foreign countries. 

5 (b) PURPOSE.—The purpose of the study shall be to 

6 identify effective rail transportation security measures 

7 that are in use in foreign rail transportation systems, in8 cluding innovative measures and screening procedures de9 termined effective. 

10 (c) REPORT.—The Comptroller General shall submit 

11 a report on the results of the study to the Committee on 

12 Commerce, Science, and Transportation of the Senate and 

13 the Committee on Transportation and Infrastructure of 

14 the House of Representatives. The report shall include the 

15 Comptroller General’s assessment regarding whether it is 

16 feasible to implement within the United States any of the 

17 same or similar security measures that are determined ef18 fective under the study. 

19 SEC. 5. RAIL POLICE OFFICERS. 

20 Section 28101 of title 49, United States Code, is 

21 amended by striking ‘‘the rail carrier’’ each place it ap22 pears and inserting ‘‘any rail carrier’’. 

23 SEC. 6. REVIEW OF RAIL REGULATIONS. 

24 The Inspector General of the Department of Trans25 portation shall review existing rail regulations of the De-
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1 partment of Transportation for the purpose of identifying 

2 areas in which those regulations need to be revised to im3 prove rail security. The Inspector General shall consult, 

4 as the Inspector General considers appropriate, with offi5 cials of the Department of Homeland Security and other 

6 Federal officials. Not later than 1 year after the date of 

7 enactment of this Act, the Inspector General shall trans8 mit to the Committee on Commerce, Science, and Trans9 portation of the Senate and the Committee on Transpor10 tation and Infrastructure of the House of Representatives 

11 a report on the review under this section, including rec12 ommendations for changes to the regulations reviewed and 

13 any legislative changes required to improve railroad secu14 rity. 

15 SEC. 7. FREIGHT AND PASSENGER RAIL SECURITY IM16 PROVEMENT PROGRAM. 

17 (a) SECURITY IMPROVEMENT GRANTS.—The Sec18 retary of Transportation is authorized to make grants to 

19 railroad carriers, nonprofit employee organizations that 

20 represent railroad workers or emergency responders, ship21 pers of hazardous materials by rail, owners of rail cars 

22 used in the transportation of hazardous materials, univer23 sities, colleges, and research centers, and State and local 

24 governments, for full or partial reimbursement of costs in25 curred in the conduct of activities to prevent or respond 
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1 to acts of terrorism, sabotage, or other railroad security 

2 threats, including—

3 (1) perimeter protection systems, including ac4 cess control, installation of better lighting, fencing, 

5 and barricades at railroad facilities; 

6 (2) structural modification or replacement of 

7 rail cars transporting high hazard materials to im8 prove their resistance to acts of terrorism; 

9 (3) technologies for reduction of tank car vul10 nerability; 

11 (4) security improvements to passenger railroad 

12 stations, trains, and infrastructure; 

13 (5) tunnel protection systems; 

14 (6) passenger and employee evacuation tech15 nologies; 

16 (7) inspection technologies, including verified 

17 visual inspection technologies using hand-held read18 ers and discs; 

19 (8) security and redundancy for critical commu20 nications, computer, and train control systems essen21 tial for secure railroad operations or to continue rail22 road operations after an attack impacting railroad 

23 operations; 

24 (9) train tracking and interoperable commu25 nications systems; 
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1 (10) explosive detection technology and devices; 

2 (11) security of hazardous material transpor3 tation by rail; 

4 (12) fire suppression and decontamination 

5 equipment; 

6 (13) surveillance equipment and round-the-clock 

7 monitoring of critical infrastructure locations; 

8 (14) additional police and security officers, in9 cluding canine units; 

10 (15) accommodation of cargo or passenger 

11 screening equipment; 

12 (16) employee security awareness, prepared13 ness, and emergency response training; 

14 (17) public security awareness campaigns for 

15 passenger train operations; and 

16 (18) other improvements recommended by the 

17 report required by section 2, including infrastruc18 ture, facilities, and equipment upgrades. 

19 (b) CONDITIONS.—The Secretary of Transportation 

20 may not disburse funds to Amtrak under subsection (a) 

21 unless Amtrak meets the conditions set forth in section 

22 12(b). 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary of 

25 Transportation $500,000,000 for fiscal year 2005 to carry 
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1 out the purposes of this section. Amounts appropriated 

2 pursuant to this subsection shall remain available until ex3 pended. 

4 SEC. 8. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

5 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans6 portation is authorized to make grants to Amtrak for the 

7 purpose of making fire and life-safety improvements to 

8 tunnels on the Northeast Corridor in New York, New 

9 York, Baltimore, Maryland, and Washington, District of 

10 Columbia. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of 

13 Transportation for the purposes of carrying out subsection 

14 (a) the following amounts: 

15 (1) For the 6 New York tunnels to provide ven16 tilation, electrical, and fire safety technology up17 grades, emergency communication and lighting sys18 tems, and emergency access and egress for pas19 sengers—

20 (A) $100,000,000 for fiscal year 2005; 

21 (B) $100,000,000 for fiscal year 2006; 

22 (C) $100,000,000 for fiscal year 2007; 

23 (D) $100,000,000 for fiscal year 2008; 

24 and 

25 (E) $100,000,000 for fiscal year 2009. 
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1 (2) For the Baltimore & Potomac Tunnel and 

2 the Union tunnel, together, to provide adequate 

3 drainage, ventilation, communication, lighting, and 

4 passenger egress upgrades—

5 (A) $10,000,000 for fiscal year 2005; 

6 (B) $10,000,000 for fiscal year 2006; 

7 (C) $10,000,000 for fiscal year 2007; 

8 (D) $10,000,000 for fiscal year 2008; and 

9 (E) $17,000,000 for fiscal year 2009. 

10 (3) For the Washington, District of Columbia, 

11 Union Station tunnels to improve ventilation, com12 munication, lighting, and passenger egress up13 grades—

14 (A) $8,000,000 for fiscal year 2005; 

15 (B) $8,000,000 for fiscal year 2006; 

16 (C) $8,000,000 for fiscal year 2007; 

17 (D) $8,000,000 for fiscal year 2008; and 

18 (E) $8,000,000 for fiscal year 2009. 

19 (c) AVAILABILITY OF APPROPRIATED FUNDS.—

20 Amounts appropriated pursuant to this section shall re21 main available until expended. 

22 SEC. 9. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

23 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP24 MENT PROGRAM.—The Secretary of Transportation, in 

25 consultation with the Secretary of Homeland Security, 
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1 shall carry out a research and development program for 

2 the purpose of improving railroad security that may in3 clude research and development projects to—

4 (1) reduce the vulnerability of passenger trains, 

5 stations, and equipment to explosives and hazardous 

6 chemical, biological, and radioactive substances; 

7 (2) test new emergency response techniques and 

8 technologies; 

9 (3) develop improved freight technologies, in10 cluding—

11 (A) technologies for sealing rail cars; 

12 (B) automatic inspection of rail cars; 

13 (C) communication-based train controls; 

14 and 

15 (D) emergency response training; 

16 (4) test wayside detectors that can detect tam17 pering with railroad equipment; 

18 (5) support enhanced security for the transpor19 tation of hazardous materials by rail, including—

20 (A) technologies to detect a breach in a 

21 tank car and transmit information about the in22 tegrity of tank cars to the train crew; 

23 (B) research to improve tank car integrity, 

24 with a focus on tank cars that carry high haz25 ard materials; and 
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1 (C) techniques to transfer hazardous mate2 rials from rail cars that are damaged or other3 wise represent an unreasonable risk to human 

4 life or public safety; and 

5 (6) other projects recommended in the report 

6 required by section 2. 

7 (b) COORDINATION WITH OTHER RESEARCH INITIA8 TIVES.—The Secretary of Transportation shall ensure 

9 that the research and development program authorized by 

10 this section is coordinated with other research and devel11 opment initiatives at the Department of Transportation 

12 and other Federal agencies. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary of 

15 Transportation $50,000,000 in each of fiscal years 2005 

16 and 2006 to carry out the purposes of this section. 

17 Amounts appropriated pursuant to this subsection shall 

18 remain available until expended. 

19 SEC. 10. RAIL WORKER SECURITY TRAINING PROGRAM. 

20 (a) IN GENERAL.—Not later than 60 days after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation, in consultation with appropriate law enforcement, 

23 security, and terrorism experts, representatives of railroad 

24 carriers, and nonprofit employee organizations that rep25 resent rail workers, shall develop and issue detailed guid-
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1 ance for a rail worker security training program to pre2 pare front-line workers for potential threat conditions. 

3 (b) PROGRAM ELEMENTS.—The guidance developed 

4 under subsection (a) shall require such a program to in5 clude, at a minimum, elements that address the following: 

6 (1) Determination of the seriousness of any oc7 currence. 

8 (2) Crew communication and coordination. 

9 (3) Appropriate responses to defend oneself. 

10 (4) Use of protective devices. 

11 (5) Evacuation procedures. 

12 (6) Psychology of terrorists to cope with hi13 jacker behavior and passenger responses. 

14 (7) Live situational training exercises regarding 

15 various threat conditions, including tunnel evacu16 ation procedures. 

17 (8) Any other subject the Secretary considers 

18 appropriate. 

19 (c) RAILROAD CARRIER PROGRAMS.—Not later than 

20 60 days after the Secretary issues guidance under sub21 section (a) in final form, each railroad carrier shall develop 

22 a rail worker security training program in accordance with 

23 that guidance and submit it to the Secretary for approval. 

24 Not later than 30 days after receiving a railroad carrier’s 

25 program under this subsection, the Secretary shall review 
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1 the program and approve it or require the railroad carrier 

2 to make any revisions the Secretary considers necessary 

3 for the program to meet the guidance requirements. 

4 (d) TRAINING.—Not later than 180 days after the 

5 Secretary approves the training program developed by a 

6 railroad carrier under this section, the railroad carrier 

7 shall complete the training of all front-line workers in ac8 cordance with that program. 

9 (e) UPDATES.—The Secretary shall update the train10 ing guidance issued under subsection (a) from time to 

11 time to reflect new or different security threats, and re12 quire railroad carriers to revise their programs accordingly 

13 and provide additional training to their front-line workers. 

14 SEC. 11. WHISTLEBLOWER PROTECTION. 

15 (a) IN GENERAL.—No employee or other person may 

16 be harassed, prosecuted, held liable, or discriminated 

17 against in any way—

18 (1) because that person—

19 (A) has commenced or caused to be com20 menced, or is about to commence; 

21 (B) has testified or is about to testify at; 

22 or 

23 (C) has assisted or participated in, or is 

24 about to assist or participate in any manner in, 
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1 a proceeding or any other action to enhance public 

2 transportation security; or 

3 (2) because that person has refused to violate 

4 or assist in the violation of any law, rule, or regula5 tion related to public transportation security. 

6 (b) APPLICATION OF SARBANES-OXLEY ACT OF 2002 

7 AMENDMENTS.—

8 (1) CIVIL ACTION TO PROTECT AGAINST RETAL9 IATION IN FRAUD CASES.—Section 1514A of title 

10 18, United States Code, shall apply to subsection (a) 

11 of this section as if—

12 (A) an act or refusal to act described in 

13 subsection (a) were described in such section 

14 1514A; and 

15 (B) a violation of subsection (a) were a 

16 violation of such section 1514A(a). 

17 (2) RETALIATING AGAINST A WITNESS, VICTIM, 

18 OR INFORMANT.—Section 1513(e) of title 18, United 

19 States Code, shall apply to a violation of subsection 

20 (a) of this section as if the violation of subsection 

21 (a) were a violation of such section 1513. 

22 SEC. 12. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

23 (a) IN GENERAL.—The Secretary of Transportation 

24 is authorized to make grants to Amtrak for—

25 (1) tunnel protection systems; 
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1 (2) perimeter protection systems; 

2 (3) redundant critical operations control sys3 tems; 

4 (4) chemical, biological, radiological, or explo5 sive detection systems; 

6 (5) surveillance equipment; 

7 (6) communications equipment; 

8 (7) emergency response equipment; 

9 (8) fire suppression and decontamination equip10 ment; 

11 (9) global positioning or automated vehicle loca12 tor type system equipment; 

13 (10) training of front-line workers and other 

14 first responders; 

15 (11) evacuation improvements; and 

16 (12) other capital safety improvements. 

17 (b) CONDITIONS.—The Secretary of Transportation 

18 may not disburse funds to Amtrak under subsection (a) 

19 unless the projects are contained in a systemwide security 

20 plan approved by the Secretary, in consultation with the 

21 Secretary of Homeland Security. The plan shall include 

22 appropriate measures to address security awareness, 

23 emergency response, and passenger evacuation training. 

24 (c) AVAILABILITY OF FUNDS.—There are authorized 

25 to be appropriated to the Secretary of Transportation 
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1 $65,000,000 for fiscal year 2005 for the purposes of car2 rying out this section. Amounts appropriated pursuant to 

3 this subsection shall remain available until expended. 

4 SEC. 13. PUBLIC AWARENESS. 

5 Not later than 90 days after the date of enactment 

6 of this Act, the Secretary of Transportation, in consulta7 tion with the Secretary of Homeland Security, shall de8 velop a national plan for public outreach and awareness. 

9 Such plan shall be designed to increase awareness of 

10 measures that the general public, railroad passengers, and 

11 railroad employees can take to increase railroad system 

12 security. Such plan shall also provide outreach to railroad 

13 carriers and their employees to improve their awareness 

14 of available technologies, ongoing research and develop15 ment efforts, and available Federal funding sources to im16 prove railroad security. Not later than 9 months after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall implement the plan developed under this sec19 tion. 

20 SEC. 14. PASSENGER, BAGGAGE, AND CARGO SCREENING. 

21 (a) REQUIREMENT FOR STUDY AND REPORT.—The 

22 Secretary of Transportation, in consultation with the Sec23 retary of Homeland Security, shall—
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1 (1) analyze the cost and feasibility of requiring 

2 security screening for passengers, baggage, and 

3 cargo on passenger trains; and 

4 (2) report the results of the study, together 

5 with any recommendations that the Secretary of 

6 Transportation may have for implementing a rail se7 curity screening program to the Committee on Com8 merce, Science, and Transportation of the Senate 

9 and the Committee on Transportation and Infra10 structure of the House of Representatives not later 

11 than 1 year after the date of enactment of this Act. 

12 (b) PILOT PROGRAM.—As part of the study under 

13 subsection (a), the Secretary of Transportation, in con14 sultation with the Secretary of Homeland Security, shall 

15 complete a pilot program of random security screening of 

16 passengers and baggage at passenger rail stations served 

17 by Amtrak selected by the Secretary of Transportation, 

18 in consultation with the Secretary of Homeland Security. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary of 

21 Transportation to carry out this section $5,000,000 for 

22 fiscal year 2005. 

23 SEC. 15. EMERGENCY RESPONDER TRAINING STANDARDS. 

24 Section 5115(b) of title 49, United States Code, is 

25 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (1)(C); 

3 (2) by striking the period at the end of para4 graph (2) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) shall include standards for the training of 

8 persons responsible for responding to emergency sit9 uations occurring during the removal and transpor10 tation of hazardous materials and high hazard mate11 rials (as defined in section 17(2) of the Protecting 

12 Railroad Operators, Travelers, Employees, and Com13 munities with Transportation Security Act of 2004) 

14 to ensure their ability to protect nearby persons, 

15 property, or the environment from the effects of ac16 cidents involving hazardous materials.’’. 

17 SEC. 16. INFORMATION FOR FIRST RESPONDERS. 

18 (a) AMENDMENTS.—Chapter 51 of title 49, United 

19 States Code, is amended—

20 (1) in section 5111—

21 (A) by inserting ‘‘(a) AIR BRAKE EQUIP22 MENT.—’’ before ‘‘A rail tank car’’; and 

23 (B) by adding at the end the following new 

24 subsection: 

25 ‘‘(b) INFORMATION FOR FIRST RESPONDERS.—
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1 ‘‘(1) PROHIBITION.—No rail tank car con2 taining hazardous materials may be transported or 

3 stored on rail tracks that are part of or connected 

4 to the general system of railroad transportation un5 less information identifying the tank car, the haz6 ardous materials within such tank car, and response 

7 guidance is immediately available to local first re8 sponders in each location where the tank car may be 

9 located. Such information shall be provided through 

10 the Operation Respond Institute’s technology or 

11 similar technology. Each day in which a tank car is 

12 transported or stored in violation of this paragraph 

13 shall constitute a separate violation. 

14 ‘‘(2) EXCEPTION.—The Secretary of Transpor15 tation may provide an exception to the prohibition 

16 under paragraph (1) if no data base exists through 

17 which the requirement can be met.’’; and 

18 (2) in section 5124, by adding at the end the 

19 following: ‘‘This section shall not apply to a violation 

20 of subsection (b) of section 5111 or a regulation pre21 scribed or order issued under such subsection.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall take effect 90 days after the date of 

24 enactment of this Act. 
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1 SEC. 17. DEFINITIONS. 

2 For purposes of this Act—

3 (1) the term ‘‘front-line workers’’ means secu4 rity personnel, dispatchers, train operators, other 

5 onboard employees, maintenance and support per6 sonnel, bridge tenders, and other appropriate em7 ployees of railroad carriers; 

8 (2) the term ‘‘high hazard materials’’ means 

9 poison inhalation hazard materials, Class 2.3 gases, 

10 Class 6.1 materials, Class 7 radioactive materials, 

11 and anhydrous ammonia; and 

12 (3) the terms ‘‘railroad’’ and ‘‘railroad carrier’’ 

13 have the meaning given those terms in section 

14 20102 of title 49, United States Code.

Æ