PHMSA Publishes Train Consist Final Rule
Today, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the Federal Register (89 FR 52956-52994) on “Hazardous Materials: FAST Act Requirements for Real-Time Train Consist Information”. This final rule implement the requirements of §7302(a)(1) of the Fixing America's Surface Transportation Act (49 USC 20103 Note) to require that Class I railroads provide a real-time train consist information to emergency response personnel that “are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials”. The notice of proposed rulemaking for this action was published [removed from paywall] on June 27th, 2023.
This rulemaking addresses three major issues:
Definition of “Train Consist Information”,
Notice to Train Crews, and
Emergency Response Information Sharing Requirements.
Changes from NPRM
Based upon comments received on the NPRM, PHMSA has made the following changes:
Two-year compliance period for Class II and III railroads,
Train consist information must include the origin and destination of the train,
Railroads must provide immediate emergency notification of an accident or incident involving hazardous materials to the primary PSAP (911 call center) responsible for the area where the incident occurred telephonically and the track owner (if the track owner is different than the railroad operating the train),
Railroads must test their emergency notification system at least annually, and create and retain records of the results of the tests (e.g., was the test notification received and acknowledged immediately),
The contact information for the railroad's designated emergency point of contact must include a phone number,
There are alternative compliance requirements for Class III railroads for train consist information sharing,
Train crews may use electronic, radio communications, or other means to notify the railroad to update the electronic train consist information,
The requirements for electronic real-time train consist information apply to a railroad operating a train carrying hazardous material,
Emergency notifications must be made immediately, and
PHMSA is clarifying that only accidents and incidents that require activation of local emergency response resources must be immediately reported and accompanied with electronic train consist information.
Compliance Dates
The effective date for this rule is July 24th, 2024.
The voluntary compliance date for this rule is June 24th, 2024.
The compliance date for Class I Railroads is June 24th, 2025.
The compliance date for Class II and Class III Railroads is June 24th, 2026.