I 
113TH CONGRESS 
2D SESSION 
H. R. 4689 
To require a plan approved by the Surface Transportation Board for the 
long-term storage of rail cars on certain railroad tracks. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2014 
Mr. KLINE introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To require a plan approved by the Surface Transportation 
Board for the long-term storage of rail cars on certain 
railroad tracks. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. STORAGE OF RAIL CARS. 
(a) AMENDMENT.—Chapter 109 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 10911. Storage of rail cars 
‘‘(a) REQUIREMENT OF STORAGE PLAN.— 
‘‘(1) GENERAL RULE.—A rail carrier providing 
transportation subject to the jurisdiction of the 
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Board under this part who has stored any rail cars, 
including rail cars that it owns or leases, on tracks 
described in paragraph (2) for a period of 3 years 
or more and continues to store such cars on such 
tracks on the date of enactment of this section shall 
submit to the Board a plan for such storage under 
subsection (b). 
‘‘(2) COVERED TRACKS.—Tracks referred to in 
paragraph (1) are tracks passing through an area 
zoned for commercial or residential use that were 
designed or previously used for through transpor-
tation of trains, and do not include rail yard or stor-
age yard tracks. 
‘‘(b) PLAN.— 
‘‘(1) CONTENTS.—A plan submitted to the 
Board under subsection (a)(1) shall contain— 
‘‘(A) an explanation of the rail carrier’s 
reasons for the storage of rail cars on the 
tracks specified in the plan, including an expla-
nation of why no suitable alternative site for 
storage of the rail cars exists; 
‘‘(B) a description of the tracks on which 
the rail cars are stored or will be stored, includ-
ing the proximity of such tracks to a home or 
school; 
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‘‘(C) evidence that the rail carrier has 
worked with the relevant local community to de-
velop measures described in subparagraphs (D) 
and (E); 
‘‘(D) a description of measures to be un-
dertaken to ensure that the rail car storage will 
not jeopardize the public safety for the duration 
of the period to which the plan applies; 
‘‘(E) a description of measures to be un-
dertaken to mitigate any impacts of the long- 
term storage of rail cars on the community 
through which the tracks pass; and 
‘‘(F) an estimated timeline for the final 
disposition of the rail cars to be stored on the 
specified tracks. 
‘‘(2) APPROVAL.—Not later than 6 months 
after receiving a complete plan under this section, 
the Board, after public notice and an opportunity for 
public comment, shall approve or disapprove the 
plan. The Board shall approve the plan unless the 
Board determines that the storage of rail cars cov-
ered by the plan jeopardizes public safety, including 
the safety of children. Any such determination shall 
be based on information provided in the plan, by the 
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local community, or otherwise through public com-
ment. 
‘‘(c) AUTHORITY.— 
‘‘(1) GENERAL RULE.—Except as provided in 
paragraph (2), a rail carrier providing transpor-
tation subject to the jurisdiction of the Board under 
this part may store rail cars as described in sub-
section (a) only in accordance with a plan for such 
storage approved by the Board under subsection 
(b)(2). 
‘‘(2) INTERIM AUTHORITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Board shall authorize 
the temporary storage of rail cars as described 
in subsection (a) for a period before a plan has 
been approved under subsection (b)(2) if the 
Board determines that a plan for such storage 
has been submitted, or is being prepared for 
submittal in a timely manner, for approval 
under subsection (b). 
‘‘(B) EXCEPTION.—The Board shall not 
authorize temporary storage under this para-
graph if the Board finds, on its own initiative 
or pursuant to information provided by the 
local community, that such storage poses a sig-
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nificant safety hazard, including to the safety of 
children. 
‘‘(d) ENFORCEMENT.— 
‘‘(1) PETITIONS.—The Board shall establish 
procedures to enable a local governmental entity to 
petition the Board to enforce this section. 
‘‘(2) PENALTIES.—Each rail car with respect to 
which a violation of this section has occurred shall 
be considered a separate violation for purposes of 
section 11901(a).’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
such chapter is amended by adding at the end the fol-
lowing new item: 
‘‘10911. Storage of rail cars.’’. 
Æ 
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