Sec. 7302. REAL-TIME EMERGENCY RESPONSE INFORMATION
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## SEC. 7302 REAL-TIME EMERGENCY RESPONSE INFORMATION **[**[49 U.S.C. 20103 note](/us/usc/t49/s20103)**]** ###
(a)In general Not later than December 5, 2022, the Secretary, in consultation with appropriate Federal agencies, shall issue regulations that— ####
(1)require a Class I railroad transporting hazardous materials— #####
(A)to generate accurate, real-time, and electronic train consist information, including— ######
(i)the identity, quantity, and location of hazardous materials on a train; ######
(ii)the point of origin and destination of the train; ######
(iii)any emergency response information or resources required by the Secretary; and ######
(iv)an emergency response point of contact designated by the Class I railroad; and #####
(B)to provide the electronic train consist information described in subparagraph
(A)to authorized 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; ####
(2)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)a reasonable estimate of the number of implicated trains that are expected to travel, per week, through each county within the applicable State; #####
(B)updates to such estimate prior to making any material changes to any volumes or frequencies of trains traveling through a county; #####
(C)identification and a description of the Class 3 flammable liquid being transported on such trains; #####
(D)applicable emergency response information, as required by regulation; #####
(E)identification of the routes over which such liquid will be transported; and #####
(F)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. ####
(3)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 (2), 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. ####
(4)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; ####
(5)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 ####
(6)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). ###
(b)Definitions In this section: ####
(1)Class i railroad; class ii railroad; class iii railroad 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. ####
(2)Class 3 flammable liquid 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. ####
(3)Hazardous material The term “hazardous material” means a substance or material the Secretary designates as hazardous under section 5103 of title 49, United States Code. ####
(4)High-hazard flammable train 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. ####
(5)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. ###
(c)Savings Clause Nothing in this section may be construed to prohibit a Class I railroad from voluntarily entering into a memorandum of understanding with a State emergency response commission or an entity representing or including first responders, emergency response officials, and law enforcement personnel.
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Sec. 7302
REAL-TIME EMERGENCY RESPONSE INFORMATION
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