Sec. 3. Increased inspections of certain rail track
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Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation of flammable liquids or material poisonous or toxic by inhalation by rail could affect a high consequence area, in accordance with a schedule prescribed by the Secretary. The inspections required under subsection
(a)shall be carried out— on foot; and periodically, by a gage restraint measurement system, as described in section 213.110 of title 49, Code of Federal Regulations. If the individual making an inspection required under subsection
(a)finds a deviation from the requirements of part 213 of title 49, Code of Federal Regulations, the individual shall immediately initiate remedial action. Nothing in this section shall be construed to restrict the discretion of the Secretary to require railroad carriers other than Class I railroad carriers to inspect track in accordance with this section. In exercising such discretion, the Secretary shall consider the risk to the public and to railroad employees associated with the operations of the railroad carrier and the transportation of flammable liquids or material poisonous or toxic by inhalation by rail. In this section: The term high consequence area means— a commercially navigable waterway, which means a waterway where a substantial likelihood of commercial navigation exists; a high population area, which means an urbanized area, as defined and delineated by the Census Bureau, that contains 50,000 or more people and has a population density of at least 1,000 people per square mile; an other populated area, which means a place, as defined and delineated by the Census Bureau, that contains a concentrated population, such as an incorporated or unincorporated city, town, village, or other designated residential or commercial area; or an unusually sensitive area, including a drinking water or ecological resource area that is unusually sensitive to environmental damage. The term material poisonous or toxic by inhalation has the meaning given the terms material poisonous by inhalation and material toxic by inhalation in section 171.8 of title 49, Code of Federal Regulations. The definitions contained in section 20102 of title 49, United States Code, shall apply to this section.