II 

109TH CONGRESS 

1ST SESSION S. 763 

To direct the Federal Railroad Administration to make welded rail and 

tank car improvements. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2005 

Mr. DORGAN (for himself and Mrs. HUTCHISON) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To direct the Federal Railroad Administration to make 

welded rail and tank car improvements. 

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 ‘‘Welded Rail and Tank 

5 Car Safety Improvement Act’’. 

6 SEC. 2. WELDED RAIL AND TANK CAR SAFETY IMPROVE7 MENTS. 

8 (a) TRACK STANDARDS.— 
2 

•S 763 IS 

1 (1) IN GENERAL.—Within 90 days after the 

2 date of enactment of this Act, the Federal Railroad 

3 Administration shall— 

4 (A) require each track owner using contin5 uous welded rail track to include procedures (in 

6 its procedures filed with the Administration 

7 pursuant to section 213.119 of title 49, Code of 

8 Federal Regulations) to improve the identifica9 tion of cracks in rail joint bars; 

10 (B) instruct Administration track inspec11 tors to obtain copies of the most recent contin12 uous welded rail programs of each railroad 

13 within the inspectors’ areas of responsibility 

14 and require that inspectors use those programs 

15 when conducting track inspections; and 

16 (C) establish a program to review contin17 uous welded rail joint bar inspection data from 

18 railroads and Administration track inspectors 

19 periodically. 

20 (2) Whenever the Administration determines 

21 that it is necessary or appropriate the Administra22 tion may require railroads to increase the frequency 

23 of inspection, or improve the methods of inspection, 

24 of joint bars in continuous welded rail. 
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•S 763 IS 

1 (b) TANK CAR STANDARDS.—The Federal Railroad 

2 Administration shall— 

3 (1) validate a predictive model to quantify the 

4 relevant dynamic forces acting on railroad tank cars 

5 under accident conditions within 1 year after the 

6 date of enactment of this Act; and 

7 (2) initiate a rulemaking to develop and imple8 ment appropriate design standards for pressurized 

9 tank cars within 18 months after the date of enact10 ment of this Act. 

11 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL12 YSIS AND REPORT.—Within 1 year after the date of enact13 ment of this Act the Federal Railroad Administration shall 

14 conduct a comprehensive analysis to determine the impact 

15 resistance of the steels in the shells of pressure tank cars 

16 constructed before 1989. Within 6 months after com17 pleting that analysis the Administration shall— 

18 (1) establish a program to rank those cars ac19 cording to their risk of catastrophic fracture and 

20 separation; 

21 (2) implement measures to eliminate or miti22 gate this risk; and 

23 (3) transmit a report to the Senate Committee 

24 on Commerce, Science, and Transportation and the 

25 House of Representatives Committee on Transpor-
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•S 763 IS 

1 tation and Infrastructure setting forth the measures 

2 implemented. 

3 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Fed5 eral Railroad Administration $1,000,000 for fiscal year 

6 2006 to carry out this section, such sums to remain avail7 able until expended. 

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