Safety requirements for high-hazard trains

(a) Tank car safety requirements Section 20155 of title 49, United States Code, is amended to read as follows: 20155. High-hazard trains (a) Definitions In this section: (1) Explosives The term explosives means Class 1 explosives categorized in Division 1.1, 1.2, or 1.3 in section 173.50(b) of title 49, Code of Federal Regulations. (2) Flammable gas The term flammable gas has the meaning given such term in section 173.115(a) of title 49, Code of Federal Regulations. (3) Flammable liquid The term flammable liquid has the meaning given such term in section 173.120(a) of title 49, Code of Federal Regulations. (4) Hazardous material The term hazardous material means a substance or material designated by the Secretary of Transportation as hazardous pursuant to section 5103(a) of this title. (5) High-hazard train The term high-hazard train means a single train transporting, throughout the train consist— (A) 20 or more tank cars loaded with a flammable liquid; (B) 1 or more tank cars or intermodal portable tanks loaded with a material toxic or poisonous by inhalation; (C) 1 or more cars loaded with high-level radioactive waste or spent nuclear fuel; (D) 10 or more cars loaded with explosives; (E) 5 or more tank cars loaded with a flammable gas; or (F) 20 or more cars loaded with any combination of flammable liquids, flammable gases, or explosives. (6) High-level radioactive waste; spent nuclear fuel The terms high-level radioactive waste and spent nuclear fuel have the meanings given to a type B package and a fissile material package, respectively, in section 173.403 of title 49, Code of Federal Regulations. (7) Material toxic or poisonous by inhalation The term material toxic or poisonous by inhalation has the meaning given the term Material poisonous by inhalation or Material toxic by inhalation in section 171.8 of title 49, Code of Federal Regulations. (b) Rulemaking Not later than 1 year after the date of the enactment of the Railway Safety Act of 2026, the Secretary, in consultation with appropriate Federal agencies, shall issue regulations that— (1) rescind the requirements set forth in paragraphs (4) and (5) of section 174.310(a) of title 49, Code of Federal Regulations, with respect to tank cars carrying hazardous materials other than Class 3 flammable liquids; (2) revise the requirements set forth in section 174.310(a)(2) of title 49, Code of Federal Regulations— (A) to limit all trains to a maximum speed of 50 miles per hour; and (B) to limit high-hazard trains carrying 20 or more cars loaded with flammable liquids to a maximum speed of 40 miles per hour while that train travels within the limits of high-threat urban areas (HTUAs) as defined in 1580.3 of title 49, Code of Federal Regulations, unless all tank cars containing a Class 3 flammable liquid meet or exceed the DOT specification 117 standards, the DOT specification 117P performance standards, or the DOT specification 117R retrofit standards set forth in subpart D of part 179 of title 49, Code of Federal Regulations, including DOT–105A, DOT–105H, DOT–105J, DOT–105S, DOT–112H, DOT–112J, DOT–112S, and DOT–120S tank cars; (3) require rail carriers operating high-hazard trains to comply with the requirements applicable to high-hazard flammable trains under section 174.310 of title 49, Code of Federal Regulations; (4) require any 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 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; (5) require each Class I railroad to provide commodity flow reports of the hazardous materials transported by a high-hazard train to each State emergency response commission, Tribal emergency response commission, or other responsible State or Tribal agency, consistent with the notification content requirements under section 174.312 of title 49, Code of Federal Regulations (or a successor regulation), including— (A) a reasonable estimate of the number of high-hazard trains that are expected to travel, per week, through each county within the applicable jurisdiction; (B) updates to such estimate when making a change in volume of 25 percent or more; (C) a description of the hazardous materials being transported on such trains; (D) applicable emergency response information, as required by regulation; (E) identification of the routes over which the hazardous materials on such trains will be transported; and (F) a point of contact at the Class I railroad who— (i) has knowledge of the railroads' transportation of hazardous materials; and (ii) is responsible for serving as the point of contact for the State emergency response commission, Tribal emergency response commission, or other State or Tribal agency responsible for receiving such information; (6) require each applicable State emergency response commission to provide to a political subdivision of a State, or the 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 (5), 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; (7) 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, Federal and State agencies, and law enforcement personnel who are responding to an incident, accident, or public health or safety emergency involving the rail transportation of hazardous materials; and (8) establish security and confidentiality protections, in coordination with the Secretary of Homeland Security, including protections from the public release of proprietary information or security sensitive information (as defined in section 15.5 of title 49, Code of Federal Regulations), 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. (c) Rule of construction 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. (d) Safety improvements Not later than 1 year after the date of the enactment of the Railway Safety Act of 2026, the Secretary shall evaluate and update, to the extent necessary for safety and in compliance with Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review), the operational requirements for high-hazard trains to ensure the safe transportation of hazardous materials by rail, including— (1) preventing the placement of blocks of empty railcars in locations within the consist of the train that increase the chance or severity of a derailment; and (2) requirements for an adequate number of buffer cars between a locomotive or railcar and tank cars transporting hazardous materials. (e) Hazardous materials emergency response plans (1) Plan contents The Secretary shall promulgate regulations, in compliance with Executive Order 12866, requiring all Class I railroads that operate high-hazard trains to submit to the Secretary hazardous materials emergency response plans that are consistent with the format of the National Response Team One Plan. Such plans shall include— (A) consideration of potential hazardous materials release for material toxic or poisonous by inhalation that the railroad is transporting; (B) identification of the railroad’s hazardous materials response teams that can quickly respond to a release or potential release within a reasonable amount of time; (C) identification of the equipment and resources available to the hazardous materials response teams; (D) organizational charts for the hazardous materials response teams; and (E) plans to facilitate hazardous materials release liability claims. (2) Coordination Railroads shall coordinate with relevant States and Tribes when creating the plans required under paragraph (1). (3) Triennial review Not later than 1 year after a Class I railroad submits a hazardous materials emergency response plan pursuant to paragraph (1), and on a triennial basis thereafter, the Secretary shall review such plan. If the Secretary identifies deficiencies during such review, the Secretary shall describe the nature of any deficiencies and allow for correction. (4) Verification The Secretary shall periodically audit a railroad’s hazardous materials emergency response plan.. (b) Clerical amendment The analysis in chapter 201 of title 49, United States Code, is amended by striking the item relating to section 20155 and inserting the following: 20155. High-hazard trains..