II 

114TH CONGRESS 

1ST SESSION S. 443 

To prohibit the long-term storage of rail cars on certain railroad tracks 

unless the Surface Transportation Board has approved the rail carrier’s 

rail car storage plan. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2015 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit the long-term storage of rail cars on certain 

railroad tracks unless the Surface Transportation Board 

has approved the rail carrier’s rail car storage plan. 

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: 

7 ‘‘§ 10911. Storage of rail cars 

8 ‘‘(a) STORAGE PLAN REQUIREMENT.— 


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•S 443 IS

1 ‘‘(1) IN GENERAL.—A rail carrier providing 

2 transportation subject to the jurisdiction of the 

3 Board under this part shall submit a storage plan 

4 to the Board in accordance with subsection (b) if the 

5 rail carrier— 

6 ‘‘(A) has stored any rail cars, including 

7 rail cars that the rail carrier owns or leases, on 

8 tracks described in paragraph (2) for a period 

9 of 3 years or more; and 

10 ‘‘(B) continues to store such cars on such 

11 tracks on the date of the enactment of this sec12 tion. 

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

14 paragraph (1)(A)— 

15 ‘‘(A) pass through an area zoned for com16 mercial or residential use; 

17 ‘‘(B) were designed or previously used for 

18 through transportation of trains; and 

19 ‘‘(C) do not include rail yard or storage 

20 yard tracks. 

21 ‘‘(b) PLAN.— 

22 ‘‘(1) CONTENTS.—A storage plan submitted to 

23 the Board under subsection (a)(1) shall contain— 

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

25 reasons for storing rail cars on the tracks speciVerDate Sep 11 2014 21:49 Feb 18, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S443.IS S443

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1 fied in the plan, including an explanation of 

2 why a suitable alternative storage site does not 

3 exist; 

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

5 the rail cars are stored or will be stored, includ6 ing the proximity of such tracks to a home or 

7 school; 

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

9 worked with the relevant local community to de10 velop measures described in subparagraph (D); 

11 ‘‘(D) a description of measures to be un12 dertaken— 

13 ‘‘(i) to ensure that the rail car storage 

14 will not jeopardize the public safety for the 

15 duration of the period to which the plan 

16 applies; and 

17 ‘‘(ii) to mitigate any impacts of the 

18 long-term storage of rail cars on the com19 munity through which the tracks pass; and 

20 ‘‘(E) an estimated timeline for the final 

21 disposition of the rail cars to be stored on the 

22 specified tracks. 

23 ‘‘(2) APPROVAL.— 

24 ‘‘(A) IN GENERAL.—Not later than 6 

25 months after receiving a storage plan under this 


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1 section, the Board, after public notice and an 

2 opportunity for public comment, shall— 

3 ‘‘(i) approve the plan; or 

4 ‘‘(ii) disapprove the plan if the Board 

5 determines that the storage of rail cars 

6 covered by the plan jeopardizes public safe7 ty, including the safety of children. 

8 ‘‘(B) BASIS.—Any determination under 

9 subparagraph (A) shall be based on information 

10 provided in the storage plan, by the local com11 munity, or through public comment. 

12 ‘‘(c) AUTHORITY.— 

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

14 paragraph (2), a rail carrier providing transpor15 tation subject to the jurisdiction of the Board under 

16 this part may store rail cars as described in sub17 section (a) only in accordance with a storage plan 

18 approved by the Board under subsection (b)(2). 

19 ‘‘(2) INTERIM AUTHORITY.— 

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

21 subparagraph (B), the Board shall authorize 

22 the temporary storage of rail cars as described 

23 in subsection (a) before a storage plan has been 

24 approved under subsection (b)(2) if the Board 

25 determines that a plan for such storage has 


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1 been submitted, or is being prepared for sub2 mittal in a timely manner, for approval under 

3 subsection (b). 

4 ‘‘(B) EXCEPTION.—The Board may not 

5 authorize temporary storage under this para6 graph if the Board determines, on its own ini7 tiative or pursuant to information provided by 

8 the local community, that such storage poses a 

9 significant safety hazard, including to the safety 

10 of children. 

11 ‘‘(d) ENFORCEMENT.— 

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

13 procedures to enable a local governmental entity to 

14 petition the Board to enforce the provisions of this 

15 section. 

16 ‘‘(2) PENALTIES.—Each rail car stored in viola17 tion of this section shall constitute a separate viola18 tion for purposes of section 11901(a).’’. 

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

20 chapter 109 of title 49, United States Code, is amended 

21 by adding at the end the following: 

‘‘10911. Storage of rail cars.’’. 

Æ 


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