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106TH CONGRESS
2D SESSION
H. R. 5082
To improve the quality of life and safety of persons living and working
near railroad tracks.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
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:
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‘‘§ 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) held at least one public hearing in each
municipality which is directly affected by such activi-
ties; and
‘‘(3) 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.’’.
(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.’’.
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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
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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
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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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