Sec. 7302. Real-time emergency response information
817 words·~4 min read·
/bill/114/hr/22/enr/section-7302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal agencies, shall issue regulations that— require a Class I railroad transporting hazardous materials— to generate accurate, real-time, and electronic train consist information, including— the identity, quantity, and location of hazardous materials on a train; the point of origin and destination of the train; any emergency response information or resources required by the Secretary; and an emergency response point of contact designated by the Class I railroad; and to enter into a memorandum of understanding with each applicable fusion center to provide the fusion center with secure and confidential access to the electronic train consist information described in subparagraph
(A)for each train transporting hazardous materials in the jurisdiction of the fusion center; require each applicable fusion center to provide the electronic train consist information described in paragraph (1)(A) to State and local first responders, emergency response officials, and law enforcement personnel that are involved in the response to or investigation of an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials and that request such electronic train consist information; require each Class I railroad to provide advanced notification and information on high-hazard flammable trains to each State emergency response commission, consistent with the notification content requirements in Emergency Order Docket No. DOT–OST–2014–0067, including— a reasonable estimate of the number of implicated trains that are expected to travel, per week, through each county within the applicable State; updates to such estimate prior to making any material changes to any volumes or frequencies of trains traveling through a county; identification and a description of the Class 3 flammable liquid being transported on such trains; applicable emergency response information, as required by regulation; identification of the routes over which such liquid will be transported; and a point of contact at the Class I railroad responsible for serving as the point of contact for State emergency response centers and local emergency responders related to the Class I railroad’s transportation of such liquid. require each applicable State emergency response commission to provide to a political subdivision of a State, or public agency responsible for emergency response or law enforcement, upon request of the political subdivision or public agency, the information the commission receives from a Class I railroad pursuant to paragraph (3), including, for any such political subdivision or public agency responsible for emergency response or law enforcement that makes an initial request for such information, any updates received by the State emergency response commission. prohibit any Class I railroad, employee, or agent from withholding, or causing to be withheld, the train consist information from first responders, emergency response officials, and law enforcement personnel described in paragraph
(2)in the event of an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials; establish security and confidentiality protections, including protections from the public release of proprietary information or security-sensitive information, to prevent the release to unauthorized persons any electronic train consist information or advanced notification or information provided by Class I railroads under this section; and allow each Class I railroad to enter into a memorandum of understanding with any Class II railroad or Class III railroad that operates trains over the Class I railroad’s line to incorporate the Class II railroad or Class III railroad’s train consist information within the existing framework described in paragraph (1). In this section: The term applicable fusion center means a fusion center with responsibility for a geographic area in which a Class I railroad operates. The terms Class I railroad , Class II railroad , and Class III railroad have the meaning given those terms in section 20102 of title 49, United States Code. The term Class 3 flammable liquid has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations. The term fusion center has the meaning given the term in section 210A(j) of the Homeland Security Act of 2002 ( 6 U.S.C. 124h(j) ). The term hazardous material means a substance or material the Secretary designates as hazardous under section 5103 of title 49, United States Code. 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. The term train consist includes, with regard to a specific train, the number of rail cars and the commodity transported by each rail car. Nothing in this section may be construed to prohibit a Class I railroad from voluntarily entering into a memorandum of understanding, as described in subsection (a)(1)(B), with a State emergency response commission or an entity representing or including first responders, emergency response officials, and law enforcement personnel.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 7302
Real-time emergency response information
Cites 1Cited by 0 across 0 sources