H.R. 854: DERAIL Act

This bill requires the Department of Transportation (DOT) to expand the definition of a high-hazard flammable train (HHFT), thereby subjecting more trains to additional safety requirements.

Specifically, DOT must expand the definition of HHFT to mean a train transporting one or more loaded tank cars of a Class 3 flammable liquid (e.g., benzene residue) or a Class 2 flammable gas (e.g., vinyl chloride) and other materials DOT determines necessary for safety. Current regulations define HHFT as a train transporting 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block or 35 or more loaded tank cars of a Class 3 flammable liquid dispersed throughout the train.

The bill also requires railway carriers to report a train derailment that involves a train carrying material toxic by inhalation within 24 hours of the derailment to the National Response Center (NRC), state and local officials, and tribal governments. As background, the NRC is a part of the federally established National Response System. Reports to the NRC activate the National Oil and Hazardous Substances Pollution Contingency Plan and the federal government's response capabilities.

Written by the Congressional Research Service, Library of Congress.