Sec. 35438. Modification reporting
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Not later than 1 year after the date of enactment of this Act, the Secretary shall implement a reporting requirement to monitor industry-wide progress toward modifying tank cars used in high-hazard flammable train service by the applicable deadlines or authorization end dates set in regulation. The Secretary shall collect data from shippers and tank car owners on— the total number of tank cars modified to meet the DOT–117R specification, or equivalent, specifying— the type or specification of each tank car before it was modified, including non-jacketed DOT–111, jacketed DOT–111, non-jacketed DOT–111 meeting the CPC–1232 standard, or jacketed DOT–111 meeting the CPC–1232 standard; and the identification number of each Class 3 flammable liquid carried by each tank car in the past year; the total number of tank cars built to meet the DOT–117 specification, or equivalent; and the total number of tank cars used or likely to be used in high-hazard flammable train service that have not been modified, specifying— the type or specification of each tank car not modified, including the non-jacketed DOT–111, jacketed DOT–111, non-jacketed DOT–111 meeting the CPC–1232 standard, or jacketed DOT–111 meeting the CPC–1232 standard; and the identification number of each Class 3 flammable liquid carried by each tank car in the past year.
The Secretary shall conduct a survey of tank car facilities modifying tank cars to the DOT–117R specification, or equivalent, or building new tank cars to the DOT–117 specification, or equivalent, to generate statistically-valid estimates of the expected number of tank cars those facilities expect to modify to DOT–117R specification, or equivalent, or build to the DOT–117 specification, or equivalent. The Secretary shall collect the data under subsection
(b)and conduct the survey under subsection
(c)annually until May 1, 2025. The Secretary shall only report data in industry-wide totals and shall treat company-specific information as confidential business information. The Secretary shall ensure the data collected under subsection
(b)and the survey data under subsection
(c)have the same level of confidentiality as contained in the Confidential Information Protection and Statistical Efficiency Act of 2002 ( 44 U.S.C. 3501 note), as administered by the Bureau of Transportation Statistics. The Secretary may designate the Director of the Bureau of Transportation Statistics to collect data under subsection
(b)and the survey data under subsection
(c)and direct the Director to ensure the confidentially of company-specific information to the maximum extent permitted by law. Each year, not later than 60 days after the date that both the collection of the data under subsection
(b)and the survey under subsection
(c)are complete, the Secretary shall report on the aggregate results, without company-specific information, to— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives. In this section: The term Class 3 flammable liquid has the meaning given the term in section 173.120(a) of title 49, Code of Federal Regulations. The term high-hazard flammable train means a single train transporting 20 or more tank cars loaded with a Class 3 flammable liquid in a continuous block or a single train transporting 35 or more tank cars loaded with a Class 3 flammable liquid throughout the train consist.
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Sec. 35438
Modification reporting
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