HR 854119th CongressIn Committee

DERAIL Act

Introduced: Jan 31, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The DERAIL Act seeks to tighten rail safety regulations by redefining what counts as a high-hazard flammable train (HHFT) and by imposing a rapid-notice reporting requirement for derailments involving materials toxic by inhalation. Specifically, the bill directs the Secretary of Transportation to issue regulations within 90 days to amend 49 CFR 171.8 so that an HHFT is defined as a single train transporting at least one loaded tank car of a Class 3 flammable liquid or a Class 2 flammable gas, plus any other materials the Secretary determines are necessary for safety. In addition, the bill creates a new requirement (Sec. 20904) for railroad carriers to report within 24 hours to the National Response Center and to state, local, and Tribal officials all material toxic by inhalation that are on the derailed train. A clerical amendment is also added to acknowledge this new reporting requirement in the statutory analysis. In short, the bill aims to (1) clarify and potentially broaden the set of trains treated as high-hazard, and (2) speed up and broaden communications about derailments involving inhalation-toxic materials to improve local and regional emergency response.

Key Points

1Definition of high-hazard flammable train (HHFT): The secretary must amend 49 CFR 171.8 to redefine HHFT as a single train carrying 1 or more loaded tank cars of a Class 3 flammable liquid or a Class 2 flammable gas, plus any other materials the Secretary determines are necessary for safety.
2Regulatory deadline: The Secretary of Transportation must issue the required regulations within 90 days after enactment.
3New reporting requirement for accidents: A new section (Sec. 20904) adds that, within 24 hours of any derailment involving a train carrying material toxic by inhalation, the railroad carrier must report to the National Response Center, state officials, local officials, and Tribal governments all material toxic by inhalation on that train.
4Clerical amendment: The statutory analysis for Chapter 209 of title 49, United States Code, must include the new 20904 reporting requirement.
5Short title: The bill is titled the Decreasing Emergency Railroad Accident Instances Locally Act (DERAIL Act).

Impact Areas

Primary group/area affected- Railroad carriers and operators: The definitional change may expand which trains are subject to HHFT safety rules and could increase regulatory compliance, inspection, routing, braking, and other safety requirements.- Federal and state regulators (e.g., Department of Transportation, National Response Center): New definitions and reporting obligations will require updates to oversight, data collection, and interagency coordination.Secondary group/area affected- Local governments and Tribal authorities: The 24-hour reporting requirement directly engages local and Tribal emergency planners by ensuring rapid awareness of all inhalation-toxic materials on the derailed train.- Communities near rail corridors: Faster, fuller information about derailed trains carrying inhalation-toxic materials could affect emergency planning, evacuations, and public communication.Additional impacts- Safety and response: Potential improvement in rapid response and situational awareness during derailments involving inhalation-toxic materials.- Compliance costs: Railroads may incur administrative and operational costs to track, report, and manage information about all inhalation-toxic materials on trains, even if only some are involved in a derailment.- Legal and regulatory alignment: The bill would require alignment with existing reporting and safety frameworks, and the broadening of HHFT criteria could influence safety rulemaking and industry practices.

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