![]() H.R.2095
Federal Railroad Safety Improvement Act of 2007
To amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, to authorize the Federal Railroad Safety Administration, and for other purposes.
50 Total Points
Summary
Federal Railroad Safety Improvement Act of 2007 - Title I: Federal Railroad Safety Administration - (Sec. 101) Amends federal transportation law to establish within the Department of Transportation (DOT) the Federal Railroad Safety Administration to carry out, with the highest priority, enforcement of U.S. safety laws with respect to rail transportation (effectively replacing the Federal Railroad Administration). Provides for the appointment of an Associate Administrator for Railroad Safety who shall be the Chief Safety Officer of the Federal Railroad Safety Administration. (Sec. 102) Directs the Secretary of Transportation (Secretary) to develop a long-term strategy for improving railroad safety, including an annual plan and schedule for reducing the number and rates of accidents, injuries, and fatalities involving railroads. Requires the Secretary and the Administrator of the Federal Railroad Safety Administration (Administrator) to semiannually report to Congress on the Federal Railroad Safety Administration's progress on achieving such goals and plans. (Sec. 103) Requires: (1) the Inspector General of the DOT to report to the Secretary and the Administrator a list of each statutory mandate regarding railroad safety that has not been implemented and each open safety recommendation made by the National Transportation Safety Board (NTSB) or the Inspector General regarding railroad safety; (2) the Secretary to report to Congress on the specific actions taken to implement such mandates; and (3) the Secretary to annually transmit a report to Congress on each open safety recommendation made by the NTSB or the Inspector General regarding railroad safety, a copy of DOT's response to each of the recommendations, and a progress report on implementing such recommendations. (Sec. 105) Authorizes appropriations for FY2008-FY2011 for: (1) railroad safety, including the safe transportation of hazardous materials; (2) the purchase of six Gage Restraint Measurement System vehicles and five track geometry vehicles to enable the deployment of one Gage Restraint Measurement System vehicle and one track geometry vehicle in each region; (3) the construction of the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado; (4) rail security personnel in DOT regional offices and in Washington, DC; and (5) development of a pilot electric cargo conveyor system for the transportation of containers from ports to depots outside of urban areas. Title II: Employee Fatigue - (Sec. 201) Redefines "signal employee" to eliminate the requirement that such individual be employed by a railroad carrier (effectively extending hours-of-service requirements to contractors who are engaged in installing, repairing, or maintaining signal systems). Revises hours of service requirements for a signal employee and a train employee to prohibit, except in an emergency, a railroad carrier or railroad contractor from requiring or allowing such employee to remain or go on duty: (1) unless the employee has had at least 10 consecutive hours off duty during the prior 24 hours; (2) for a period in excess of 12 consecutive hours; or (3) unless the employee has had at least one period of at least 24 consecutive hours off duty in the past seven consecutive days. Prohibits, with a specified exception, a railroad carrier from communicating with a signal or train employee during such employee's off duty period. (Sec. 202) Prohibits a railroad carrier from providing sleeping quarters through the use of camp cars for employees and any individuals employed to maintain the right-of-way of a railroad carrier. (Sec. 203) Requires each railroad carrier to submit to the Secretary for review and approval a fatigue management plan to reduce accidents and injuries caused by railroad employees due to fatigue. (Sec. 204) Authorizes the Secretary to issue, based on scientific and medical research, regulations that reduce the maximum hours a railroad employee may be required to remain on duty, or that increase the minimum hours such employee may be required to rest, to a level less than that established under federal hours-of-service law. (Sec. 205) Provides that a railroad carrier is deemed to know the acts of its managers and supervisors (under current law, officers and agents) in proceedings regarding the violation of hours-of-service requirements. Title III: Bridge Safety - (Sec. 301) Requires the Federal Railroad Safety Administration to implement regulations requiring owners of track carried on one or more railroad bridges to adopt certain safety practices to prevent the deterioration of railroad bridges and reduce the risk of human casualties, environmental damage, and disruption to the U.S. transportation system that would result from a catastrophic bridge failure. Title IV: Grade Crossings - (Sec. 401) Revises emergency notification of grade crossing problems provisions to require each railroad carrier: (1) to establish a toll-free telephone service for the public to report malfunctions of signals and disabled vehicles blocking railroad tracks at grade crossings; (2) upon receiving a report of a malfunction or disabled vehicle, to immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle, including to contact the appropriate public safety officials to assist them in directing traffic and removing the disabled vehicle; and (3) to place the toll-free telephone number and certain other explanatory information on signs at each grade crossing. (Sec. 402) Directs the Secretary to prescribe regulations to require each railroad carrier to remove from its right-of-way at all public highway-rail grade crossings, including at all private highway-rail grade crossings open to unrestricted public access, vegetation which may obstruct the view of a pedestrian or a vehicle operator to a train's approach. (Sec. 403) Requires the Secretary to develop and make available to state and local governments model state legislation providing for civil or criminal penalties, or both, for violations of grade crossing signals. (Sec. 404) Requires railroad carriers and states to report to the Secretary, and update periodically, unreported highway-rail (including non-vehicular pathway-rail) grade crossings and public highway-rail (including non-vehicular public pathway) grade crossings within the United States. Imposes civil penalties for violations of the requirements of this section. (Sec. 405) Requires the Federal Railroad Safety Administration to periodically conduct an audit of each Class I railroad and non-Class I railroad to ensure that all grade crossing collisions and fatalities are reported to the national accident database. (Sec. 406) Authorizes the Secretary to purchase promotional items of nominal value and distribute them to the public without charge as part of an educational or awareness program to improve the safety of grade crossings and to prevent trespass on railroad rights-of-way. (Sec. 407) Directs the Federal Railroad Safety Administration to make grants to Operation Lifesaver to: (1) carry out a public information and education program to help prevent railroad incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at grade crossings; and (2) implement the Railroad Safety Public Awareness Program that addresses the need for targeted, sustained community outreach on rail and grade crossing safety. Authorizes appropriations for FY2008-FY2011. (Sec. 408) Directs the Secretary to annually identify the top 10 states that have had the most highway-rail grade crossing collisions over the past year, and to work with those states to develop a State Grade Crossing Action Plan approved by the Secretary that identifies specific solutions for improving safety at such crossings. (Sec. 409) Declares that it is U.S. policy to develop new technology that can prevent loss of life and injuries at highway-rail grade crossings. Title V: Enforcement - (Sec. 501) Authorizes the Attorney General to bring a civil action in a district court of the United States to collect a civil penalty imposed or an amount agreed on in compromise with respect to rail accident reporting violations or hours-of-service violations. (Sec. 502) Increases penalties for violations of rail safety regulations prescribed or orders issued by the Secretary, including violations related to rail accident reporting and hours-of-service. (Sec. 504) Expands the authority of the Secretary to issue emergency rules or restrictions to abate unsafe conditions or practices causing significant harm to the environment. (Sec. 505) Requires the Secretary, not later than December 31, 2007, to provide a monthly updated summary to the public of all railroad enforcement actions taken by the Secretary or the Federal Railroad Safety Administration. (Sec. 506) Makes it unlawful for a person to knowingly interfere with a rail accident investigation. Sets forth criminal penalties for violations of such requirements. (Sec. 507) Allows the Secretary to authorize officers, employees, or agents of the Secretary to intercept and record a radio communication, with or without the consent of the sender or other receivers of the communication, where such communication is broadcast or transmitted over a radio frequency which is authorized for use by one or more railroad carriers by the Federal Communications Commission (FCC) and primarily used by such railroad carriers for communications in connection with railroad operations. Allows such activities for purposes of accident prevention and accident investigation. Sets forth uses of information obtained through such activities. (Sec. 508) Requires the Secretary to incrementally increase through December 31, 2011, the total number of positions for railroad safety inspection and enforcement personnel at the Federal Railroad Safety Administration. Title VI: Miscellaneous Provisions - (Sec. 601) Requires, by December 31, 2014, each Class I railroad to develop and submit to the Secretary for review and approval a plan for implementing a positive train control system that minimizes the risk of train collisions and over-speed derailments. Requires the Secretary, not later than December 31, 2011, to report to Congress on the progress of the railroad carriers in implementing such systems. (Sec. 602) Directs the Secretary to prescribe regulations to require railroads with main lines in nonsignaled territory without a train speed enforcement system that would stop a train in advance of a misaligned switch to either: (1) install an automatically activated device, in addition to the switch banner, that will capture the attention of the employees involved with switch operations and clearly convey the status of the switch both in daylight and darkness; or (2) operate trains at speeds that will allow them to be safely stopped in advance of misaligned switches. (Sec. 603) Directs the Secretary to prescribe regulations: (1) to require railroad carriers to take certain measures to minimize accidents due to internal rail flaws; and (2) for all classes of track for concrete crossties that address certain conditions to the integrity of rail lines. (Sec. 604) Directs the Secretary to prescribe regulations and issue orders to establish a program to require the certification of train conductors. (Sec. 605) Directs the Secretary to establish minimum training standards and training curriculum to ensure each class and craft of railroad employees charged with the inspection of track or railroad equipment are qualified to assess railroad compliance with federal safety standards to identify defective conditions and take remedial action to correct defective conditions that are known to contribute to derailments, accidents, or injury. (Sec. 606) Prohibits a railroad carrier from: (1) denying, delaying, or interfering with the medical or first aid treatment of an employee who is injured during the course of employment; and (2) disciplining, or threatening to discipline, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician. (Sec. 607) Directs the Secretary to prescribe regulations to require railroads to provide: (1) emergency breathing apparatus for all crewmembers on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of unintentional release; and (2) such crewmembers with appropriate training for using the breathing apparatus. (Sec. 608) Directs the Secretary to report to Congress on the effects of the locomotive cab environment on the safety, health, and performance of train crews. (Sec. 609) Requires railroad carriers with respect to certain of its tunnels in which hazardous materials go through to: (1) maintain for at least two years structural inspection and maintenance records for such tunnels; and (2) provide, upon request, periodic briefings to local government authorities, including updates on repair projects that substantially alter the ingress and egress of such tunnels. (Sec. 610) Directs the Secretary to conduct a study, and report the results to Congress, on DOT's regulations relating to safety inspections of diesel-electric locomotives and equipment and the safety consequences of requiring less frequent inspections of such locomotives (including their air brakes) which are operated by museums. (Sec. 611) Requires the Secretary to prescribe regulations and issue orders to establish a program to require the certification of carmen, including all employees performing mechanical inspections, brake system inspections, or maintenance on freight and passenger rail cars. (Sec. 612) Directs the Secretary to establish a grant program for the deployment of train control and component technologies, with priority to applications that benefit both passenger and freight safety and network efficiency, or the deployment of train control technology on high-risk corridors that have significant movements of hazardous materials or where commuter and intercity passenger railroad operate. Authorizes appropriations for FY2008-FY2011. (Sec. 613) Requires Class I railroads to annually file with both the Federal Railroad Safety Administration and the Surface Transportation Board (STB) a report detailing, by state, the infrastructure investments and maintenance such railroads have performed on their system, including but not limited to track, locomotives, railcars, and grade crossings, in the previous calendar year. (Sec. 614) Directs the Secretary to establish a program to provide grants to state and local governments to provide emergency grade crossing safety improvements at locations where there has been a railroad grade crossing collision with a school bus or collision involving three or more serious bodily injuries or fatalities. Authorizes appropriations for FY2008-FY2011. (Sec. 615) Requires the Secretary, when reviewing applications for a waiver or exemption from sounding locomotive horns at highway-rail grade crossings, to consider horn noise and its impact on the local community and the unique characteristics of such community. (Sec. 616) Provides that mechanical and brake inspections of rail cars performed in Mexico shall not be treated as satisfying U.S. rail safety laws or regulations unless the Secretary certifies, among other things, that: (1) such inspections are being performed under regulations and standards equivalent to those in the United States, including comparable enforcement procedures; and (2) the Federal Railroad Safety Administration is permitted to perform onsite inspections to ensure compliance with the requirements of this section. Provides that hazardous material inspections performed in Mexico shall not be treated as satisfying U.S. rail safety laws or regulations. (Sec. 617) Exempts solid waste rail transfer facilities from the exclusive jurisdiction of the STB (effectively allowing state and local authorities to regulate such facilities). Title VII: Rail Passenger Disaster Family Assistance - Rail Passenger Disaster Family Assistance Act of 2007 - (Sec. 702) Directs the NTSB to provide certain assistance to families of passengers involved in a rail passenger accident that results in a major loss of life. Requires each rail passenger carrier to submit to the Secretary and the NTSB a plan for addressing the needs of such families. (Sec. 704) Requires the Secretary to establish a task force to develop: (1) a model plan to assist passenger rail carriers in responding to passenger rail accidents; and (2) recommendations to improve methods on the delivery of such assistance by such rail carriers. Requires the Secretary to report to Congress on the model plan and recommendations developed by the task force. What do you think?
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Legislation Detail
Legislation Slant
Latest Action:
Cleared for White House.
This action occurred on Wednesday, October 1, 2008 and earned 0 points.
Legislative Progress
Introduced in the House on May 14, 2007
Passed in the House on October 17, 2007
Introduced in the Senate on October 18, 2007
Passed in the Senate on August 1, 2008
Amendments
Votes
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50 Total Points













