H.R.854 - Decreasing Emergency Railroad Accident Instances Locally Act; DERAIL Act (119th Congress)
Summary
H.R.854, the DERAIL Act, directs the Secretary of Transportation to issue regulations defining "high-hazard flammable train" and mandates reporting of accidents involving materials toxic by inhalation. The bill aims to enhance railroad safety by broadening the definition of trains requiring stricter safety measures and improving emergency response through timely reporting of hazardous materials involved in derailments.
The Act amends Title 49 of the United States Code to include specific reporting requirements for accidents involving inhalation hazards. This includes reporting to the National Response Center, State officials, local officials, and Tribal governments within 24 hours of a derailment.
Ultimately, the goal is to reduce the risk and impact of train derailments involving hazardous materials.
Expected Effects
The DERAIL Act will likely lead to more stringent safety regulations for trains carrying flammable liquids and gases. It will also improve the responsiveness of emergency services in the event of a derailment involving toxic materials.
Increased reporting requirements will provide better data for analysis and potential preventative measures. This could lead to fewer accidents and reduced environmental and public health risks.
However, the regulations could also increase operational costs for railroad companies.
Potential Benefits
- Enhanced Public Safety: Stricter regulations on high-hazard flammable trains reduce the risk of accidents and subsequent harm to communities.
- Improved Emergency Response: Mandatory reporting of toxic inhalation hazards allows for quicker and more effective responses to derailments.
- Environmental Protection: Reducing derailments involving hazardous materials minimizes environmental damage.
- Increased Transparency: Public access to accident information promotes accountability and informs community preparedness.
- Data-Driven Safety Improvements: Comprehensive reporting enables better analysis of accident causes and development of targeted safety measures.
Potential Disadvantages
- Increased Costs for Railroads: Implementing new regulations and reporting requirements may increase operational costs for railroad companies, potentially leading to higher shipping costs.
- Potential Delays: More stringent inspections and regulations could cause delays in the transportation of goods.
- Economic Impact on Industries: Increased transportation costs could negatively impact industries reliant on rail transport.
- Complexity of Compliance: Railroads may face challenges in understanding and complying with new regulations, especially regarding the definition of high-hazard flammable trains.
- Possible Litigation: The new regulations could lead to legal challenges from railroad companies questioning the necessity or scope of the rules.
Most Disadvantaged Areas:
Constitutional Alignment
The DERAIL Act appears to align with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate interstate commerce. Railroads and the transportation of hazardous materials clearly fall under this purview.
The Act also indirectly relates to the General Welfare Clause (Article I, Section 8, Clause 1) by promoting public safety and environmental protection. By regulating the transportation of hazardous materials, the Act aims to prevent accidents and protect the well-being of communities and the environment.
There are no apparent violations of individual liberties or rights as the Act focuses on regulating commercial activity to enhance public safety.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).