1295 
† HR 4348 EAS 
‘‘(1) FINDINGS REQUIRED.— 
‘‘(A) IN GENERAL.—The Secretary may not 
issue an approval or grant the renewal of an ap-
proval pursuant to part 107 of title 49, Code of 
Federal Regulations until the Secretary has de-
termined that the person is fit, willing, and able 
to conduct the activity authorized by the ap-
proval in a manner that achieves the level of 
safety required under subsection (a)(1). 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Sec-
retary shall consider— 
‘‘(i) the person’s safety history (includ-
ing prior compliance history); 
‘‘(ii) the person’s accident and incident 
history; and 
‘‘(iii) any other information the Sec-
retary considers appropriate to make such a 
determination. 
‘‘(2) REQUIRED DOCUMENTATION.—When apply-
ing for an approval or renewal or modification of an 
approval under this section, the Secretary shall re-
quire the person to submit an application that con-
tains—
1296 
† HR 4348 EAS 
‘‘(A) a detailed description of the person’s 
request; 
‘‘(B) a listing of the persons current facili-
ties and addresses where the approval will be 
utilized; 
‘‘(C) a safety analysis prescribed by the 
Secretary that justifies the approval; 
‘‘(D) documentation to support the safety 
analysis; 
‘‘(E) a certification of safety fitness; and 
‘‘(F) the verification of registration required 
under section 5108. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to require the release of in-
formation protected by law from public disclosure. 
‘‘(i) NONCOMPLIANCE.—The Secretary may modify, 
suspend, or terminate a special permit or approval if the 
Secretary determines that— 
‘‘(1) the person who was granted the special per-
mit or approval has violated the special permit or ap-
proval or the regulations issued under this chapter in 
a manner that demonstrates that the person is not fit 
to conduct the activity authorized by the special per-
mit or approval; or 
‘‘(2) the special permit or approval is unsafe.
1297 
† HR 4348 EAS 
‘‘(j) RULEMAKING.—Not later than 2 years after the 
date of the enactment of the Hazardous Materials Transpor-
tation Safety Improvement Act of 2012, the Secretary, after 
providing notice and an opportunity for public comment, 
shall issue regulations that establish— 
‘‘(1) standard operating procedures to support 
administration of the special permit and approval 
programs; and 
‘‘(2) objective criteria to support the evaluation 
of special permit and approval applications. 
‘‘(k) ANNUAL REVIEW
OF CERTAIN SPECIAL PER-
MITS.— 
‘‘(1) REVIEW.—The Secretary shall conduct an 
annual review and analysis of special permits— 
‘‘(A) to identify consistently used and long-
standing special permits with an established 
safety record; and 
‘‘(B) to determine whether such permits 
may be converted into the hazardous materials 
regulations. 
‘‘(2) FACTORS.—In conducting the review and 
analysis under paragraph (1), the Secretary may 
consider— 
‘‘(A) the safety record for hazardous mate-
rials transported under the special permit;
1298 
† HR 4348 EAS 
‘‘(B) the application of a special permit; 
‘‘(C) the suitability of provisions in the spe-
cial permit for incorporation into the hazardous 
materials regulations; and 
‘‘(D) rulemaking activity in related areas. 
‘‘(3) RULEMAKING.—After completing the review 
and analysis under paragraph (1) and providing no-
tice and opportunity for public comment, the Sec-
retary shall issue regulations, as needed.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 51 is amended by striking the item relating to sec-
tion 5117 and inserting the following: 
‘‘5117. Special permits, approvals, and exclusions.’’. 
SEC. 34014. HIGHWAY ROUTING DISCLOSURES. 
(a) LIST OF ROUTE DESIGNATIONS.—Section 5112(c) 
is amended— 
(1) by striking ‘‘In coordination’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—In coordination’’; and 
(2) by adding at the end the following: 
‘‘(2) STATE RESPONSIBILITIES.— 
‘‘(A) IN GENERAL.—Each State shall sub-
mit to the Secretary, in a form and manner to 
be determined by the Secretary and in accord-
ance with subparagraph (B)—
1299 
† HR 4348 EAS 
‘‘(i) the name of the State agency re-
sponsible for hazardous material highway 
route designations; and 
‘‘(ii) a list of the State’s currently ef-
fective hazardous material highway route 
designations. 
‘‘(B) FREQUENCY.—Each State shall submit 
the information described in subparagraph 
(A)(ii)— 
‘‘(i) at least once every 2 years; and 
‘‘(ii) not later than 60 days after a 
hazardous material highway route designa-
tion is established, amended, or discon-
tinued.’’. 
(b) COMPLIANCE
WITH
SECTION
5112.—Section 
5125(c)(1) is amended by inserting ‘‘, and is published in 
the Department’s hazardous materials route registry under 
section 5112(c)’’ before the period at the end. 
SEC. 34015. AUTHORIZATION OF APPROPRIATIONS. 
Section 5128 is amended to read as follows: 
‘‘§ 5128. Authorization of appropriations 
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— 
‘‘(1) $42,338,000 for fiscal year 2012; and
1300 
† HR 4348 EAS 
‘‘(2) $42,762,000 for fiscal year 2013. 
‘‘(b) HAZARDOUS
MATERIALS
EMERGENCY
PRE-
PAREDNESS FUND.—From the Hazardous Materials Emer-
gency Preparedness Fund established under section 5116(i), 
the Secretary may expend, during each of fiscal years 2012 
and 2013— 
‘‘(1) $188,000 to carry out section 5115; 
‘‘(2) $21,800,000 to carry out subsections (a) 
and (b) of section 5116, of which not less than 
$13,650,000 shall be available to carry out section 
5116(b); 
‘‘(3) $150,000 to carry out section 5116(f); 
‘‘(4) $625,000 to publish and distribute the 
Emergency 
Response 
Guidebook 
under 
section 
5116(i)(3); and 
‘‘(5) $1,000,000 to carry out section 5116(j). 
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 
From the Hazardous Materials Emergency Preparedness 
Fund established pursuant to section 5116(i), the Secretary 
may expend $4,000,000 for each of the fiscal years 2012 
and 2013 to carry out section 5107(e). 
‘‘(d) CREDITS TO APPROPRIATIONS.— 
‘‘(1) EXPENSES.—In addition to amounts other-
wise made available to carry out this chapter, the 
Secretary may credit amounts received from a State,
1301 
† HR 4348 EAS 
Indian tribe, or other public authority or private en-
tity for expenses the Secretary incurs in providing 
training to the State, authority, or entity. 
‘‘(2) 
AVAILABILITY
OF
AMOUNTS.—Amounts 
made available under this section shall remain avail-
able until expended.’’. 
TITLE V—NATIONAL RAIL SYS-
TEM PRESERVATION, EXPAN-
SION, 
AND 
DEVELOPMENT 
ACT OF 2012 
SEC. 35001. SHORT TITLE. 
This title may be cited as the ‘‘National Rail System 
Preservation, Expansion, and Development Act of 2012’’. 
SEC. 35002. REFERENCES TO TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms of 
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code.