HR 8996 Introduced – Rail Hazmat Safety

Review - Last month, Rep Nehls (R,TX) introduced HR 8996, the Railroad Safety Enhancement Act of 2024. The bill addresses a wide variety of rail safety issues, including high-hazard trains, long-trains, defect detection, safer tank cars, close call reporting and train car telematics. It also addresses Hazmat issues, including registration fees, virtual training and emergency response grants. Many of the proposed actions include funding and grant provisions.

Definitions

Section 101 provides one definition of a key term, ‘Secretary’, used in the bill. The bill also defines seven technical terms in a proposed revision to 49 USC 20155 and adopts the use of those definitions throughout the bill. The one technical term of interest is “high-hazard train”. This term is significantly different than the existing “high-hazard flammable unit train” defined in 49 CFR 171.8, including more types of hazardous materials and smaller blocks of hazmat cars.

Overview

The bill includes the following sections of specific interest here:

Sec. 102. Safety requirements for high-hazard trains.
Sec. 103. Ensuring the safety of long trains.

Sec. 110. Safer tank cars.

Sec. 121. Grant programs for adoption of certain telematics systems.
Sec. 122. Enhancing freight railcar onboard telematics and sensor development pilot program.

Sec. 201. Hazardous materials registration fees.

Sec. 203. Hazardous materials transportation emergency response and preparedness grants.

Moving Forward

Nehls and seven of his 20 cosponsors {Rep Moulton (D,MA), Rep Strong-Sykes (D,OH), Rep Deluzio (D,PA), Rep Van Orden (R,WI), Rep D'Esposito (R,NY), Rep Holmes-Norton (D,DC), Rep Titus (D,NV)}, are member of the House Transportation and Infrastructure Committee to which this bill was assigned for consideration. This means that there may be sufficient influence to see this bill considered in Committee. While there is bipartisan sponsorship I suspect that there will be significant industry (and thus Republican) opposition to many of the provisions of this bill. I am not sure that there would be sufficient bipartisan support for the bill to pass in Committee. There would certainly be sufficient opposition to ensure that the bill could not be considered by the Full House under the suspension of the rules process. This late in the session, that effectively kills this bill

Commentary

I think that the telematics provisions of this bill would probably be the most valuable if this bill were sent to the President. I do not think, however, that the bill lists enough specific devices that should be encouraged. I would add to both §121(b)(3) and §122(a)(2) the following devices:

“(E) internal railcar pressure;

“(F) pressure relief valve opening; and

“(G) whether a bottom valve is open; and”

 

For more information on the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-8996-introduced - subscription required.

Bills Introduced – 7-11-24

With both the House and Senate in Washington (and the House leaving for a district week), there were 106 bills introduced yesterday. Ten of those bills may receive additional coverage in this blog:

HR 8996 To enhance safety requirements for trains transporting hazardous materials, and for other purposes. Nehls, Troy E. [Rep.-R-TX-22]

HR 8997 Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Fleischmann, Charles J. "Chuck" [Rep.-R-TN-3]

HR 8998 Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Simpson, Michael K. [Rep.-R-ID-2]

HR 9026 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025 Rogers, Harold [Rep.-R-KY-5]

S 4677 An original bill making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2025, and for other purposes. Sinema, Kyrsten [Sen.-I-AZ]

S 4678 An original bill making appropriations for the Legislative Branch for the fiscal year ending September 30, 2025, and for other purposes. Reed, Jack [Sen.-D-RI] 

S 4690 An original bill making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2025, and for other purposes. Heinrich, Martin [Sen.-D-NM]

S 4697 A bill to enhance the cybersecurity of the Healthcare and Public Health Sector. Rosen, Jacky [Sen.-D-NV]

S 4715 A bill to require the National Cyber Director to submit to Congress a plan to establish an institute within the Federal Government to serve as a centralized resource and training center for Federal cyber workforce development. Rounds, Mike [Sen.-R-SD]

S 4719 A bill to provide the Secretary of Energy with the authority to enter into contracts and cooperative agreements to improve the security and resilience of defense critical electric infrastructure and reduce the vulnerability of critical defense facilities to the disruption of the supply of energy to those facilities, and for other purposes. Cortez Masto, Catherine [Sen.-D-NV]

I will be covering the six spending bills (HR 8997, HR 8998, HR 9026, S 4677, S 4678, and S 4690).

I will be covering HR 8996, S 4715, and S 4719.

I will be watching S 4697 for language and definitions that would specifically include medical devices and other operational technologies used in the healthcare sector.