Decreasing Emergency Railroad Accident Instances Locally Act

Subjects: Transportation and Public Works

Summary:  <p><b>Decreasing Emergency Railroad Accident Instances Locally Act or the DERAIL Act</b></p> <p>This bill requires the Department of Transportation (DOT) to expand the statutory definition of a high-hazard flammable train (HHFT), thereby subjecting more trains to additional safety requirements.</p> <p>Specifically, DOT must expand the definition of <i>HHFT</i> to mean a train transporting one or more loaded tank cars of a Class 3 flammable liquid (e.g., benzene residue) or a Class 2 flammable gas (e.g., vinyl chloride) and other materials DOT determines necessary for safety. Current regulations define <i>HHFT</i> as a train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or 35 or more loaded tank cars of a Class 3 flammable liquid dispersed throughout the train.</p> <p>The bill also requires railway carriers to report a train derailment that involves a train carrying material toxic by inhalation within 24 hours of the derailment to the National Response Center, state and local officials, and tribal governments.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1238 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1238

To direct the Secretary of Transportation to issue certain regulations 
     to define high-hazard flammable train, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2023

  Mr. Deluzio (for himself, Mr. Khanna, Ms. Tlaib, Mr. Moskowitz, Ms. 
Barragan, Mr. Garamendi, Mr. Doggett, Mr. Nickel, Mr. Ryan, Ms. Tokuda, 
  Mr. Bowman, Mr. Boyle of Pennsylvania, and Ms. Lee of Pennsylvania) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Transportation to issue certain regulations 
     to define high-hazard flammable train, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Decreasing Emergency Railroad 
Accident Instances Locally Act'' or the ``DERAIL Act''.

SEC. 2. HIGH-HAZARD FLAMMABLE TRAIN.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue such regulations as are 
necessary to amend section 171.8 of title 49, Code of Federal 
Regulations, to modify the definition of ``high-hazard flammable 
train'' to mean a single train transporting 1 or more loaded tank cars 
of a Class 3 flammable liquid or a Class 2 flammable gas and other 
materials the Secretary determines necessary for safety.

SEC. 3. REPORTING OF MATERIAL TOXIC BY INHALATION.

    (a) In General.--Chapter 209 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 20904. Reporting of accidents involving material toxic by 
              inhalation
    ``Not later than 24 hours after any train derailment involving a 
train carrying material toxic by inhalation, the railroad carrier 
involved in such derailment shall report to the National Response 
Center, State officials, local officials, and Tribal governments all 
material toxic by inhalation on such train.''.
    (b) Clerical Amendment.--The analysis for chapter 209 of title 49, 
United States Code, is amended by adding at the end the following:

``20904. Reporting of accidents involving material toxic by 
                            inhalation.''.
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