I 
109TH CONGRESS 
1ST SESSION H. R. 3596 
To improve the quality of life and safety of persons living and working 
near railroad tracks. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. ROTHMAN introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To improve the quality of life and safety of persons living 
and working near railroad tracks. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Local Participation 
in Railroad Operations Act’’. 
SEC. 2. LOCAL INPUT. 
(a) AMENDMENT.—Chapter 109 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 10908. Local input 
‘‘(a) REQUIREMENT.—A rail carrier providing trans-
portation subject to the jurisdiction of the Board under 
this part shall not construct, develop, or expand railroad 
maintenance facilities, intermodal rail transfer facilities, 
railroad sidings, railroad bridges, railroad yards, or other 
railroad facilities unless the Board determines that the rail 
carrier has— 
‘‘(1) provided local communities with appro-
priate notice of such activities; 
‘‘(2) conducted an assessment of negative envi-
ronmental impacts and appropriate mitigation ac-
tions pursuant to any State or local law that, re-
gardless of whether the rail carrier is required to 
comply with such law, requires such assessments to 
be made in similar circumstances; 
‘‘(3) held at least one public hearing in each 
municipality which is directly affected by such con-
struction, development, or expansion activities; and 
‘‘(4) made good faith efforts to address con-
cerns raised in response to such notice. 
‘‘(b) APPROPRIATE
NOTICE.—Not later than 6 
months after the date of the enactment of this section, 
the Board shall by regulation prescribe procedures that 
constitute appropriate notice under various foreseeable cir-
cumstances, including emergency circumstances.
‘‘(c) APPROVAL
OF CERTAIN
AT-GRADE CROSS-
INGS.—A rail carrier providing transportation subject to 
the jurisdiction of the Board under this part shall not con-
struct an at-grade crossing over a public road without first 
obtaining approval from the local governmental entity with 
jurisdiction over the location of the proposed grade cross-
ing.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
such chapter 109 is amended by adding at the end the 
following new item: 
‘‘10908. Local input.’’. 
SEC. 3. PUBLIC MEETINGS. 
(a) REQUIREMENT.—Within 6 months after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of Transportation shall convene 6 public meet-
ings, including at least one in northern New Jersey, to 
provide an opportunity for the participants to present 
their views, respond to the views of others, and discuss 
issues relating to the quality of life and safety of persons 
who live, work, or are for any other reason near railroad 
tracks. The goal of such meetings shall be the identifica-
tion of appropriate solutions to the quality-of-life and safe-
ty problems that are discussed. The meetings shall be held 
in diverse geographic locations where the Secretary con-
siders the need for and benefits to be derived from such 
meetings to be the greatest.
(b) PARTICIPATION.—The Secretary of Transpor-
tation shall make every effort to ensure participation at 
such meetings by local elected officials, appropriate rep-
resentatives of the Department of Transportation, State 
and local environmental protection agencies, local public 
health officials, railroad management, railroad labor, rail-
road shippers, and individuals representing community in-
terests. 
(c) REPORTS
TO
CONGRESS.—The Secretary of 
Transportation shall, within 3 months after the comple-
tion of each round of public meetings convened pursuant 
to subsection (a), transmit to the Congress a report sum-
marizing the results of the public meetings, and including 
recommendations to Congress for measures to help im-
prove the quality of life and safety of persons who live, 
work, or are for any other reason near railroad tracks. 
SEC. 4. PROTECTING LOCAL RESIDENTS IN RAILROAD 
TRANSACTIONS. 
Section 11324 of title 49, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) The Board shall not approve a transaction de-
scribed in section 11323(a) unless the Board has received 
assurances that the rail carriers who will be responsible 
for rail operations resulting from or affected by the trans-
action have addressed adequately and will continue to ad-
dress adequately problems identified with respect to the 
quality of life and safety of persons who live, work, or are 
for any other reason near railroad tracks.’’. 
SEC. 5. REGULATIONS TO REDUCE NOISE POLLUTION 
ALONG RAILROAD LINES. 
(a) REQUIREMENT.—Within 6 months after the date 
of the enactment of this Act, the Administrator of the En-
vironmental Protection Agency, after consultation with the 
Secretary of Transportation, shall publish in the Federal 
Register proposed regulations for reducing noise pollution 
generated from railroad operations and railroad facilities. 
(b) PUBLIC HEALTH AND WELFARE.—Such regula-
tions shall be prescribed to protect the public health and 
welfare, including the health and welfare of persons who 
live, work, or are for any other reason near railroad 
tracks, taking into account the degree of noise reduction 
improvements achievable through the application of the 
best available technology and the cost of compliance. 
(c) AUDIBLE WARNINGS.—In prescribing such regu-
lations, the Administrator shall give strong consideration 
to section 20153 of title 49, United States Code, and shall 
seek to ensure that public safety is not compromised. 
(d) FINAL REGULATIONS.—Within 90 days after 
publication of proposed regulations under subsection (a),
the Administrator shall promulgate final regulations. Reg-
ulations issued under this section shall be in lieu of any 
Federal railroad-related noise regulations for locomotives 
and rail cars. Such regulations may be revised, from time 
to time, in accordance with this section. 
(e) REPEAL.—Upon the issuance of final regulations 
under subsection (d), section 17 of the Noise Control Act 
of 1972 (42 U.S.C. 4916) is repealed. 
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