Storage of rail cars

(a)

Amendment

Chapter 109 of title 49, United States Code, is amended by adding at the end the following new section:

10911.

Storage of rail cars

(a)

Requirement of storage plan

(1)

General rule

A rail carrier providing transportation subject to the jurisdiction of the Board under this part who has stored any rail cars, including rail cars that it owns or leases, on tracks described in paragraph (2) for a period of 3 years or more and continues to store such cars on such tracks on the date of enactment of this section shall submit to the Board a plan for such storage under subsection (b). (2)

Covered tracks

Tracks referred to in paragraph (1) are tracks passing through an area zoned for commercial or residential use that were designed or previously used for through transportation of trains, and do not include rail yard or storage yard tracks. (b)

Plan

(1)

Contents

A plan submitted to the Board under subsection (a)(1) shall contain— (A)an explanation of the rail carrier’s reasons for the storage of rail cars on the tracks specified in the plan, including an explanation of why no suitable alternative site for storage of the rail cars exists; (B)a description of the tracks on which the rail cars are stored or will be stored, including the proximity of such tracks to a home or school; (C)evidence that the rail carrier has worked with the relevant local community to develop measures described in subparagraphs (D) and (E); (D)a description of measures to be undertaken to ensure that the rail car storage will not jeopardize the public safety for the duration of the period to which the plan applies; (E)a description of measures to be undertaken to mitigate any impacts of the long-term storage of rail cars on the community through which the tracks pass; and (F)an estimated timeline for the final disposition of the rail cars to be stored on the specified tracks. (2)

Approval

Not later than 6 months after receiving a complete plan under this section, the Board, after public notice and an opportunity for public comment, shall approve or disapprove the plan. The Board shall approve the plan unless the Board determines that the storage of rail cars covered by the plan jeopardizes public safety, including the safety of children. Any such determination shall be based on information provided in the plan, by the local community, or otherwise through public comment. (c)

Authority

(1)

General rule

Except as provided in paragraph (2), a rail carrier providing transportation subject to the jurisdiction of the Board under this part may store rail cars as described in subsection (a) only in accordance with a plan for such storage approved by the Board under subsection (b)(2). (2)

Interim authority

(A)

In general

Except as provided in subparagraph (B), the Board shall authorize the temporary storage of rail cars as described in subsection (a) for a period before a plan has been approved under subsection (b)(2) if the Board determines that a plan for such storage has been submitted, or is being prepared for submittal in a timely manner, for approval under subsection (b). (B)

Exception

The Board shall not authorize temporary storage under this paragraph if the Board finds, on its own initiative or pursuant to information provided by the local community, that such storage poses a significant safety hazard, including to the safety of children. (d)

Enforcement

(1)

Petitions

The Board shall establish procedures to enable a local governmental entity to petition the Board to enforce this section. (2)

Penalties

Each rail car with respect to which a violation of this section has occurred shall be considered a separate violation for purposes of section 11901(a).

(b)

Table of sections

The table of sections for such chapter is amended by adding at the end the following new item:

10911. Storage of rail cars.