Economy

USDOT Proposes Requirements for Real-time Hazmat Information for Firefighters and First Responders to Improve Freight Rail Safety

Wednesday, June 21, 2023
PHMSA 05-23
Contact: PHMSAPublicAffairs@dot.gov

Proposal Adds to Several Actions USDOT Has Taken to Improve Freight Rail Safety

WASHINGTON –The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) today announced it is proposing a new rule aimed at improving public safety and preventing environmental impacts by strengthening requirements governing railroads’ provision of hazardous materials information to responders during a hazmat incident. The proposal would require railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel. Railroads would also be required to proactively “push” that information to authorized local first response personnel as soon as the railroad is aware of an accident involving any hazardous materials.

“When railroads transport hazardous materials, they must do so safely and responsibly,” said U.S. Transportation Secretary Pete Buttigieg. “Our proposal would improve rail safety and help protect communities across the country by requiring railroads to maintain detailed, real-time information about trains carrying hazardous materials.”

“On-demand access to key information about hazmat shipments coupled with proactive information sharing will enable first responders to better prepare for the risks present at the scene of an incident BEFORE they arrive on scene,” said PHMSA Deputy Administrator Tristan Brown. “This will improve safety for firefighters and first responders, and the communities they so courageously serve.”

“Fire fighters are often first to show up at many emergencies, including train derailments and HazMat incidents. Accurate, up-to-date information about train contents is critical to keep first responders and the communities they serve safe. The IAFF strongly supports the Department of Transportation’s new rule that would give fire fighters real-time data allowing for safer responses. We applaud the DOT for prioritizing fire fighter and public safety,” according to Edward A. Kelly, General President, International Association of Fire Fighters.

PHMSA and the Federal Railroad Administration (FRA) have taken several additional actions to improve freight rail safety. That includes making more than $25 million in funding available to help train first responders and strengthen safety programs and issuing safety advisories to railroad companies about replacing tank car covers and urging a faster transition from DOT-111s to DOT 117s rail cars.

The Notice of Proposed Rulemaking (NPRM) would require all railroads to generate, in hard copy and electronic versions, real-time train consist information for shipments containing hazardous materials. Required information would include the quantity and position of the shipment on the train, the shipment’s origin and destination, and a designated emergency point of contact at the railroad.

The proposal responds to congressional mandates in the FAST Act, National Transportation Safety Board (NTSB) recommendation providing electronic train consist information to emergency officials and personnel that respond to hazmat incidents for railroads, as well as lessons learned from firefighters responding to the February 2023 Norfolk Southern derailment in East Palestine, OH. Consistent with the broad scope of the NTSB recommendation, PHMSA’s proposal goes beyond the FAST Act mandate that had been limited to Class 1 railroads and extends these new proposed requirements to all railroad classes and requires proactive notification to local first responders in the case of an accident or an incident involving a release or suspected release of a hazardous material.

The proposed rule has been transmitted to the Federal Register. A publication date will be provided when it becomes available along with an opportunity to provide public comment.

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The Pipeline and Hazardous Materials Safety Administration develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation's 3.4-million-mile pipeline transportation system and the nearly 1.2 million daily shipments of hazardous materials by land, sea, and air. Please visit https://www.phmsa.dot.gov for more information.

HM-263 NPRM: Hazardous Materials - FAST Act Requirements for Real-Time Train Consist Information
HM-263 NPRM - Real Time Train Consist June 2023.pdf (695.6 KB)
DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of files provided on this page, please contact PHMSA-Accessibility@dot.gov.
Last updated: Wednesday, June 21, 2023

PHMSA issued this Notice of Proposed Rulemaking on June 21, 2023, and it has been submitted to the Office of the Federal Register
for publication. Although PHMSA has taken steps to ensure the accuracy of this version of the Notice of Proposed Rulemaking posted on the PHMSA website, and will post it in the docket (PHMSA-2016-0015) on the Regulations.gov website (www.regulations.gov), it is not the official version. Please refer to the official version in a forthcoming Federal Register publication, which will appear on the websites of each of the Federal Register (www.federalregister.gov) and the Government Printing Office (www.govinfo.gov). After publication in the Federal Register, this unofficial version will be removed from PHMSA’s website and replaced with a link to the official version. PHMSA will also post the official version in the docket.