[House Report 110-371]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-371

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2095) TO AMEND TITLE 49, 
   UNITED STATES CODE, TO PREVENT RAILROAD FATALITIES, INJURIES, AND 
HAZARDOUS MATERIALS RELEASES, TO AUTHORIZE THE FEDERAL RAILROAD SAFETY 
                 ADMINISTRATION, AND FOR OTHER PURPOSES

                                _______
                                

  October 10, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Ms. Matsui, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 724]

    The Committee on Rules, having had under consideration 
House Resolution 724, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2095, the 
``Federal Railroad Safety Improvement Act of 2007,'' under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Transportation and 
Infrastructure.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
in the nature of a substitute recommended by the Committee on 
Transportation and Infrastructure now printed in the bill shall 
be considered as an original bill for the purpose of amendment 
and shall be considered as read. The resolution waives all 
points of order against the committee amendment except those 
arising under clause 10 of rule XXI. This waiver does not 
affect the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure).
    The resolution makes in order only those amendments printed 
in this report. Amendments so printed may be offered only in 
the order printed in the report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by a proponent and an opponent, 
shall not be subject to amendment, and shall not be subject to 
a demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against such amendments except those arising under clause 
9 or 10 of rule XXI.
    The resolution provides one motion to recommit H.R. 2095 
with or without instructions. Finally, notwithstanding the 
operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against the 
bill and its consideration (except for those arising under 
clause 9 or 10 of rule XXI), the Committee is not aware of any 
points of order against the bill or its consideration. The 
waivers of all points of order against the bill and its 
consideration (except those arising under clause 9 or 10 of 
rule XXI) are prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 345

    Date: October 10, 2007.
    Measure: H.R. 2095.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Price, Tom (GA), #5, which 
prohibits regulations which would impose a cost on any non-
Federal entity from being issued under the bill unless the 
Secretary certifies that the requirements would materially and 
substantially benefit rail safety.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Slaughter--Nay.

Rules Committee Record Vote No. 346

    Date: October 10, 2007.
    Measure: H.R. 2095.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Price, Tom (GA), #4, which 
prevents authorization of appropriations made by the bill that 
result in costs to the Federal Government from being effective 
except to the extent that the bill provides for offsetting 
decreases in spending of the Federal Government, such that the 
net effect of the bill does not either increase the Federal 
deficit or reduce the Federal surplus.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Oberstar (MN): The amendment requires the Federal 
Railroad Safety Administration to issue regulations requiring 
owners of track carried on one or more railroad bridges to 
adopt safety practices to prevent the deterioration of railroad 
bridges and reduce the risk of human casualties, environmental 
damage, and disruption to the Nation's transportation system 
that would result from a catastrophic bridge failure. The 
amendment also strikes Sections 301, 610, and 616 of the 
reported bill because these sections were enacted in Public Law 
110-53, the ``Implementing Recommendations of the 9/11 
Commission Act of 2007.'' The amendment would also require the 
Secretary to consider additional criteria regarding communities 
when reviewing applications for a waiver or exemption from 
sounding locomotive horns at highway-rail grade crossings. (10 
minutes)
    2. Napolitano (CA): The amendment prohibits mechanical and 
brake inspections performed in Mexico of rail cars entering the 
United States from satisfying U.S. rail safety laws unless 
inspection standards, enforcement standards, and worker 
training are certified to meet those of the United States. It 
prohibits hazardous material inspections performed in Mexico 
from satisfying applicable U.S. rail safety laws and 
regulations. (10 minutes)
    3. Pallone (NJ)/Murphy, Patrick (PA): The amendment allows 
state and local authorities to regulate solid waste management 
facilities. This amendment would state that the Surface 
Transportation Board does not have exclusive authority to 
preempt state and local regulation of solid waste management 
facilities, as defined in the amendment. (10 minutes)
    4. Rohrabacher (CA): This amendment authorizes funds to the 
Secretary to design and develop a pilot electric cargo conveyor 
system for the transportation of containers from ports to 
depots outside of urban areas. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Oberstar of Minnesota, 
               or His Designee, Debatable for 10 Minutes

  Page 27, line 19, through page 34, line 14, amend title III 
to read as follows (and amend the table of contents 
accordingly):

                        TITLE III--BRIDGE SAFETY

SEC. 301. RAILROAD BRIDGE SAFETY ASSURANCE.

  Not later than 12 months after the date of enactment of this 
Act, the Federal Railroad Safety Administration shall implement 
regulations requiring owners of track carried on one or more 
railroad bridges to adopt safety practices to prevent the 
deterioration of railroad bridges and reduce the risk of human 
casualties, environmental damage, and disruption to the 
Nation's transportation system that would result from a 
catastrophic bridge failure. The regulations shall, at a 
minimum--
          (1) require each track owner to--
                  (A) develop and maintain an accurate 
                inventory of its railroad bridges, which shall 
                identify the location of each bridge, its 
                configuration, type of construction, number of 
                spans, span lengths, and all other information 
                necessary to provide for the safe management of 
                the bridges;
                  (B) ensure that a professional engineer 
                competent in the field of railroad bridge 
                engineering, or a qualified person under the 
                supervision of the track owner, determines 
                bridge capacity;
                  (C) maintain, and update as appropriate, a 
                record of the safe capacity of each bridge 
                which carries its track and, if available, 
                maintain the original design documents of each 
                bridge and a documentation of all repairs, 
                modifications, and inspections of the bridge;
                  (D) develop, maintain, and enforce a written 
                procedure that will ensure that its bridges are 
                not loaded beyond their capacities;
                  (E) conduct regular comprehensive inspections 
                of each bridge, at least once per year, and 
                maintain records of those inspections that 
                include the date on which the inspection was 
                performed, the precise identification of the 
                bridge inspected, the items inspected, an 
                accurate description of the condition of those 
                items, and a narrative of any inspection item 
                that is found by the inspector to be a 
                potential problem;
                  (F) ensure that the level of detail and the 
                inspection procedures are appropriate to the 
                configuration of the bridge, conditions found 
                during previous inspections, and the nature of 
                the railroad traffic moved over the bridge, 
                including car weights, train frequency and 
                length, levels of passenger and hazardous 
                materials traffic, and vulnerability of the 
                bridge to damage;
                  (G) ensure that an engineer who is competent 
                in the field of railroad bridge engineering--
                          (i) is responsible for the 
                        development of all inspection 
                        procedures;
                          (ii) reviews all inspection reports; 
                        and
                          (iii) determines whether bridges are 
                        being inspected according to the 
                        applicable procedures and frequency, 
                        and reviews any items noted by an 
                        inspector as exceptions; and
                  (H) designate qualified bridge inspectors or 
                maintenance personnel to authorize the 
                operation of trains on bridges following 
                repairs, damage, or indications of potential 
                structural problems;
          (2) instruct Administration bridge inspectors to 
        obtain copies of the most recent bridge management 
        programs and procedures of each railroad within the 
        inspector's areas of responsibility, and require that 
        inspectors use those programs when conducting bridge 
        inspections; and
          (3) establish a program to review bridge inspection 
        and maintenance data from railroads and Administration 
        bridge inspectors periodically.
  Page 73, lines 18 through 21, strike section 610.
  Page 73, line 22, through page 77, line 16, redesignate 
sections 611 through 615 as sections 610 through 614, 
respectively (and amend the table of contents accordingly).
  Page 79, line 1, through page 80, line 7, strike section 616 
(and amend the table of contents accordingly).
  Page 80, after line 7, insert the following new section (and 
amend the table of contents accordingly):

SEC. 615. LOCOMOTIVE HORN REQUIREMENT WAIVER.

  Section 20153(c) of title 49, United States Code, is amended 
by adding at the end the following new paragraph:
  ``(3) The Secretary, in reviewing applications for waivers or 
exemptions, shall consider horn noise and the impact of such 
noise on the local community and the unique characteristics of 
the community.''.
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     2. An Amendment To Be Offered by Representative Napolitano of 
         California, or Her Designee, Debatable for 10 Minutes

  At the end of title VI, add the following new section (and 
amend the table of contents accordingly):

SEC. 617. SAFETY INSPECTIONS IN MEXICO.

  (a) In General.--Mechanical and brake inspections of rail 
cars performed in Mexico shall not be treated as satisfying 
United States rail safety laws or regulations unless the 
Secretary of Transportation certifies that--
          (1) such inspections are being performed under 
        regulations and standards equivalent to those 
        applicable in the United States, including comparable 
        enforcement procedures;
          (2) the Mexican counterparts to the Federal Railroad 
        Safety Administration are effectively enforcing such 
        standards;
          (3) the inspections are being performed by employees 
        receiving comparable classroom and on the job training 
        as is the norm in the United States;
          (4) inspection records are maintained in both English 
        and Spanish, and such records are available to the 
        Federal Railroad Safety Administration for review; and
          (5) the Federal Railroad Safety Administration is 
        permitted to perform onsite inspections for the purpose 
        of ensuring compliance with the requirements of this 
        subsection.
  (b) Hazardous Material Inspections.--Notwithstanding 
subsection (a), no hazardous material inspections performed in 
Mexico shall be treated as having satisfied the applicable 
United States rail safety laws and regulations.
                              ----------                              


3. An Amendment To Be Offered by Representative Pallone of New Jersey, 
               or His Designee, Debatable for 10 Minutes

  Page 80, after line 7, insert the following new section (and 
amend the table of contents accordingly):

SEC. 617. SURFACE TRANSPORTATION BOARD JURISDICTION OVER SOLID WASTE 
                    FACILITIES.

  Section 10501 of title 49, United States Code, is amended--
          (1) by striking ``facilities,'' in subsection (b)(2) 
        and inserting ``facilities (except solid waste rail 
        transfer facilities as defined in subsection 
        (c)(3)(C)),''; and
          (2) by adding at the end of subsection (c)(3) the 
        following new subparagraph:
  ``(C) Nothing in this section preempts a State or local 
governmental authority from regulating solid waste rail 
transfer facilities. For purposes of this subparagraph, the 
term `solid waste rail transfer facility' means the portion of 
any facility owned or operated by or on behalf of a rail 
carrier, at which occurs the--
          ``(i) collection, storage, or transfer, outside of 
        original shipping containers;
          ``(ii) separation; or
          ``(iii) processing (including baling, crushing, 
        compacting, and shredding),
of solid waste, as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903).''.
                              ----------                              


    4. An Amendment To Be Offered by Representative Rohrabacher of 
         California, or His Designee, Debatable for 10 Minutes

  Page 12, line 16, insert the following new paragraph before 
the close quotation mark:
  ``(5) There are authorized to be appropriated to the 
Secretary for each of the fiscal years 2008 through 2011 such 
sums as may be necessary to design and develop a pilot electric 
cargo conveyor system for the transportation of containers from 
ports to depots outside of urban areas.''.

                                  
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