WashingtonWatch.com - Revisions for P.L. 110-432, The Federal Railroad Safety Improvement Act of 2007

Revision by webmaster (November 10, 2008, 19:55:12)

Mon, 10 Nov 2008 18:55:12 EST

H.R. 2095 would amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, and it would authorize the Federal Railroad Safety Administration.

Detailed Summary

Railroad Safety Enhancement Act of 2008 - (Sec. 3) Amends federal transportation law to authorize appropriations for FY2008-FY2013 for: (1) railroad safety, including the safe transportation of hazardous materials; (2) research and development (R&D); (3) the purchase of Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology to assess track safety; and (4) rail security personnel in Department of Transportation (DOT) regional offices and in Washington, DC.

Title I: Railroad Safety Risk Reduction and Strategy - (Sec. 101) Requires the Federal Railroad Administration (FRA) to have an Associate Administrator for Railroad Safety, who shall be the FRA's Chief Safety Officer.

(Sec. 102) Directs the Secretary of Transportation (Secretary) to develop: (1) a long-term railroad safety strategy that includes an annual plan for meeting specific goals; and (2) a railroad safety risk reduction pilot program (with appropriations authorized for FY2009-FY2010).

(Sec. 104) Directs the Secretary to require each railroad carrier that is a Class I railroad, a railroad carrier that has inadequate safety performance, or a railroad that provides intercity passenger or commuter rail passenger transportation to develop, and submit for FRA approval, a railroad safety risk reduction program, including technology implementation and fatigue management plans, to reduce the rate of railroad accidents and injuries. Grants the Secretary authority to assess civil penalties for violations of such requirements.

(Sec. 105) Directs the Secretary to ensure that railroad carriers required to submit a railroad safety risk reduction program that includes in its technology implementation plan a schedule for implementation of a positive train control system complies with such schedule by December 31, 2018, unless the railroad implements its system by an earlier date.

(Sec. 106) Revises hours of service requirements for a train employee to provide that such employee may not be required to be on duty: (1) where the employee has spent in any calendar month a total of 276 hours on duty, or waiting for transportation, or in deadhead transportation (limbo time), to a place of final release, or in any other mandatory service for the carrier; (2) for more than 12 consecutive hours; or (3) unless the employee has had at least 10 consecutive (currently, eight consecutive) hours off duty during the previous 24 hours. Prohibits requiring or allowing such an employee to remain or go on duty after that employee has initiated an on-duty period each day for: (1) six consecutive days, unless the employee has had at least 48 consecutive hours off duty at the employee's home terminal; or (2) each day for seven consecutive days, if permitted by a collective bargaining agreement or provided for by a pilot program, unless the employee has had at least 72 consecutive hours of duty at a home terminal.

Caps the total number of hours that a train employee may spend on-duty and waiting for deadhead transportation on a train at 15 hours, unless the train is delayed by an accident, a major equipment failure, or a delay resulting from a cause unknown and unforeseeable to a railroad carrier.

Revises hours of service requirements for signal employees, including signal employees of contractors or subcontractors. Repeals the requirement that a signal employee have at least eight consecutive hours off duty during any 24 hour period. Makes 12 consecutive hours the maximum time on duty, unless the employee has had at least 10 consecutive hours off duty during the previous 24 hours.

Prohibits a signal employee from being allowed to go on duty under certain emergency authority to conduct routine repairs, routine maintenance, or routine inspection of signal systems.

Prohibits a railroad or railroad contractor or subcontractor from communicating with a train or signal employee during time off duty, except to notify the employee of an emergency situation.

Authorizes a railroad and its directly affected employees to develop jointly, and submit for the Secretary's approval, an alternate hours of service regime that would increase the maximum hours an employee may be allowed to remain on duty or decrease the minimum hours an employee may be required to rest.

Subjects commuter and intercity passenger rail employees to existing hours of service requirements, until the earlier of: (1) the effective date of new regulations establishing different hours of service requirements for such employees; or (2) three years after enactment of this Act.

Authorizes the Secretary to issue regulations that make certain additional changes to hours of service requirements in order to improve safety and reduce employee fatigue.

Directs the Secretary to conduct at least two pilot projects to analyze specific practices which may be used to reduce fatigue for train, engine, and other railroad employees.

(Sec. 107) Exempts from certain public disclosure requirements, and from discovery or admission into evidence in a private court case, any information the Secretary has obtained as part of a railroad's risk reduction program or pilot program, except to enforce or carry out federal law.

Title II: Highway-Rail Grade Crossing and Pedestrian Safety and Trespasser Prevention - (Sec. 201) Requires the Secretary to issue guidance to passenger railroads on methods and strategies to prevent pedestrian accidents, injuries, and fatalities at or near passenger stations.

(Sec. 202) Directs the Secretary annually to identify the 10 states receiving federal funds for highway-rail grade crossing safety projects that have had the most highway-rail grade crossing collisions in the preceding year.

Authorizes the Secretary to require such states, as a condition for receiving future federal funds, to develop a State Grade Crossing Action Plan approved by the Secretary that identifies specific solutions for improving the safety at highway-rail grade crossings. Requires the Secretary to assist states in developing and implementing such Plans.

(Sec. 203) Directs the Secretary to prescribe regulations to require each railroad carrier to remove from its active rights-of-way at all public highway-rail grade crossings, including at all private highway-rail grade crossings open to unrestricted public access, any vegetation which may obstruct the view of a pedestrian or a vehicle operator of a train's approach.

Requires the Secretary to develop model legislation for states to address such grade crossings which have only passive warnings.

(Sec. 204) Directs the Secretary to issue regulations for establishment of a national crossing inventory that requires each railroad carrier and state to report to the Secretary current information about previously unreported highway-rail grade crossings, with annual updates on all grade crossings in the state concerned. Establishes civil penalties for violation of such requirements by a railroad carrier.

(Sec. 205) Replaces the expired pilot demonstration program for emergency notification of grade crossing problems with a permanent system.

Directs the Secretary to require each railroad carrier to: (1) establish a telephone service (which the Secretary may also require to be a dedicated toll-free telephone) to receive directly calls reporting malfunctions of signals, disabled vehicles blocking railroad tracks at grade crossings, obstructions to the view of a train's approach, or other related safety information; (2) warn any trains operating near the grade crossing immediately upon receiving such a report, and contact appropriate public safety officials to direct traffic and remove any disabled vehicle; (3) timely investigate any report of a view obstruction and remove it if possible, or correct any other reported unsafe circumstance; and (4) ensure placement of the telephone number and certain other explanatory information on signs at each grade crossing.

(Sec. 206) Directs the FRA to make grants to Operation Lifesaver to: (1) carry out a public information and education program to help prevent and reduce railroad incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at highway-rail grade crossings; and (2) implement a pilot Railroad Safety Public Awareness Program addressing the need for targeted and sustained community outreach on rail and grade crossing safety. Authorizes appropriations for FY2008-FY2013.

(Sec. 207) Directs the Secretary to make grants to up to three states annually to develop or continue public education activities and enforcement of highway-rail crossing safety laws. Authorizes appropriations for FY2009-FY2013.

(Sec. 208) Directs the Secretary to: (1) review current local, state, and federal laws regarding trespassing and vandalism on railroad property and violations of highway-rail grade crossing warning signs; and (2) develop and make available to state and local governments model state legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing warning signs.

Authorizes the Secretary to purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to improve the safety of highway-rail crossings and prevent trespass on railroad rights-of-way.

(Sec. 209) Authorizes railroad carriers to submit for the Secretary's approval new technology providing warning to highway users at highway-rail grade crossings. Declares that: (1) such Secretarial approval preempts state law concerning the adequacy of such technology; and (2) a carrier shall not be liable for damages to persons or property as a result of an accident at a grade crossing that is protected by approved technology.

Title III: Federal Railroad Administration - (Sec. 301) Requires the Secretary to gradually increase the number of rail safety-related employees at the FRA by 25 in each fiscal year for FY2008-FY2013.

(Sec. 302) Increases penalties for violations of rail safety regulations prescribed or orders issued by the Secretary, including violations related to rail accident reporting and hours-of-service.

(Sec. 303) Requires the Secretary annually to make publicly available, and publish on the FRA public website, a report of all railroad enforcement actions taken by the Secretary or the FRA during the prior fiscal year.

(Sec. 304) Revises the Secretary's authority to prohibit an individual from performing safety-sensitive functions in the railroad industry because of previous violations of hazardous materials transportation laws.

(Sec. 305) Allows the Secretary to authorize officers, employees, or agents (with or without making their presence known) to intercept and record a radio communication, with or without the consent of the sender or other receivers of the communication, where such communication is broadcast or transmitted over a radio frequency which is authorized for use by one or more railroad carriers by the Federal Communications Commission (FCC) and primarily used by such railroad carriers for communications in connection with railroad operations. Allows such activities for purposes of accident prevention and accident investigation. Sets forth uses of information obtained through such activities.

(Sec. 306) Requires the Secretary to prescribe procedures with respect to requests for waivers of regulations or orders issued in emergency situations. Authorizes the Secretary to prescribe temporary emergency waiver procedures without first providing an opportunity for public comment. Requires the Secretary to provide notice and an opportunity for a hearing after issuing an emergency waiver.

(Sec. 307) Authorizes the FRA Administrator and designated employees to have access to federal and state criminal history and other law enforcement records to protect the safety and security of railroad operations.

Prohibits the Administrator, however, from using such access to conduct criminal investigations.

(Sec. 308) Requires the Secretary to update the FRA website to: (1) help the public find current information regarding FRA activities; and (2) provide a mechanism for the public to report to the FRA potential violations of federal railroad safety and hazardous materials transportation laws and orders.

Title IV: Railroad Safety Enhancements - (Sec. 401) Directs the Secretary to issue regulations to require railroad carriers and railroad contractors and subcontractors to develop for the Secretary's approval plans for training members of certain crafts or classes of employees on federal railroad safety laws, regulations, and administrative orders.

(Sec. 402) Directs the Secretary to report to specified congressional committees about whether the certification of certain crafts or classes of railroad carrier or railroad carrier contractor or subcontractor employees is necessary to reduce the number and rate of railroad accidents or to improve railroad safety.

(Sec. 403) Requires the Secretary to: (1) study whether the required intervals of track inspections for each class of track and track remedial action requirements should be amended, and whether different track inspection and repair priorities or methods should be required; and (2) issue and implement recommendations for changes to federal track safety standards based on the results of the study.

(Sec. 404) Requires the Secretary to study methods to improve the safety of rail passenger station platform gaps to: (1) comply with the Americans with Disabilities Act; and (2) minimize the associated safety risks of such gaps for railroad passengers and employees.

(Sec. 405) Directs the Secretary to study and report to specified congressional committees on the safety impact of the use of personal electronic devices, including cell phones, video games, and other distracting devices, by safety-related railroad employees during work. Authorizes the Secretary to study other elements of the locomotive cab environment and their effect on an employee's health and safety.

Authorizes the Secretary, based on the conclusions of the studies, to: (1) prohibit the use of such devices during work, unless they are being used in accordance with railroad operating rules; and (2) issue regulations to improve elements of the cab environment to protect an employee's health and safety.

(Sec. 406) Requires the Secretary to establish grants programs for: (1) railroad safety technology; and (2) railroad safety infrastructure improvements. Sets the federal share of project costs for each program at 50%. Authorizes appropriations for FY2008-FY2013.

(Sec. 408) Authorizes the Secretary to impose additional conditions for the movement of a defective or insecure locomotive or car to make repairs while on a railroad line.

(Sec. 409) Requires the Secretary to prescribe standards governing the development and use of rail safety technology in dark territory (any territory in a railroad system that does not have a signal or train control system installed or operational).

(Sec. 410) Revises rail employee sleeping quarters requirements to require a railroad carrier that provides sleeping quarters for its employees to provide indoor toilet facilities, potable water, and other features to protect their health.

Requires the Secretary to issue regulations that: (1) govern the use of camp cars for employees and any individuals employed to maintain a railroad carrier's right of way; and (2) may prohibit the use of such cars, if necessary, to protect the health and safety of employees.

(Sec. 411) Adds as an act of a railroad employee protected from employer retaliation the employee's: (1) request that a railroad carrier provide first aid, medical treatment, or transportation to a medical facility or hospital after being injured during the course of employment; or (2) compliance with treatment prescribed by a physician or licensed health care professional.

States that a railroad carrier's refusal to permit an employee to return to work upon his or her release shall not be considered discrimination if such refusal complies with the carrier's medical standards for fitness for duty.

(Sec. 412) Authorizes the Secretary, upon petition by a group of commonly controlled railroad carriers operating within the United States as a single, integrated rail system, to treat such group as a single railroad carrier for railroad safety purposes.

(Sec. 413) Requires the Secretary to study and report to Congress on the impacts of repealing a provision of the Regional Rail Reorganization Act of 1973 which preempts state laws from requiring certain crew requirements in the former region of the Consolidated Rail Corporation (Conrail).

(Sec. 414) Requires any nonfederal alcohol and drug testing program of a railroad carrier to provide that all post-employment tests of the specimens of employees performed under the program be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cutoff level established by the carrier.

Requires each railroad carrier that has such a testing program to provide a redress process for its employees who were determined to be in violation of the program.

(Sec. 415) Directs the Secretary to require each Class I railroad, each intercity passenger railroad carrier, and each commuter railroad carrier to develop, and submit for the Secretary's approval, a critical incident stress plan that provides for: (1) debriefing, counseling, guidance, and other appropriate support services to be offered to an employee affected by a critical incident; (2) relief from the balance of duty tour of any employee involved in a critical incident; (3) relief from duty of a requesting employee who witnessed a critical incident; and (4) leave from normal duties as necessary for an employee to receive preventive services, treatment, or both, related to the incident.

(Sec. 416) Requires the Secretary to study and report to Congress on the potential hazards to which railroad carrier employees and railroad contractors or subcontractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel.

(Sec. 417) Requires the Secretary to complete a rulemaking proceeding to revise railroad employee alcohol and controlled substance testing requirements to cover all railroad carrier employees and railroad contractors or subcontractors who perform maintenance-of-way activities.

Title V: Rail Passenger Disaster Family Assistance - (Sec. 501) Directs the National Transportation Safety Board (NTSB), as soon as practicable after being notified of a rail passenger accident resulting in major loss of life, to provide certain assistance to families of passengers involved in the accident.

(Sec. 502) Requires a rail passenger carrier to submit to the NTSB, the Secretary, and the Secretary of Homeland Security a plan for addressing the needs of families of passengers involved in an accident of a rail passenger carrier intercity train resulting in major loss of life. Provides for funding for FY2008.

(Sec. 503) Requires the Secretary to establish a task force to develop a model plan and recommendations on how passenger rail carriers can provide assistance and notification to families of passengers involved in rail accidents.

Title VI: Clarification of Federal Jurisdiction Over Solid Waste Facilities - Clean Railroads Act of 2007 - (Sec. 602) Exempts solid waste rail transfer facilities from the jurisdiction of the Surface Transportation Board (effectively allowing state and local authorities to regulate such facilities).

(Sec. 603) Requires a solid waste rail transfer facility, within 90 days after the enactment of this Act, to comply with all federal and state solid waste environmental laws (except those requiring permits).

Provides that such facilities shall not be required to possess a permit (other than a siting permit) from the appropriate permitting agency as complying with federal and state solid waste environmental laws: (1) if within six months after enactment of this Act the facility has applied, in good faith, for all required permits; and (2) until the permitting agency has either approved or denied the permit application.

Provides that such facilities that do not possess a siting permit shall not be required to possess a siting permit or to comply with state land use requirements in order to operate, provided the facility has a land-use exemption properly issued by the Board.

(Sec. 604) Authorizes the Board to issue a land-use exemption for a solid waste rail transfer facility operated or proposed to be operated by or on behalf of a rail carrier if: (1) state or local law affecting the siting unreasonably burdens the interstate railroad transportation of solid waste, or discriminates against such transportation and a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility petitions the Board for such an exemption; or (2) the governor (or designee) of a state in which a facility that is already operating is located petitions the Board to initiate a permit proceeding for that particular facility.

Allows the Board to issue a land use exemption only if the facility at the existing or proposed location does not pose an unreasonable risk to public health, safety, or the environment. Prohibits any such land-use exemption for a solid waste rail transfer facility proposed to be located on land within the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Trails System, the National Wild and Scenic Rivers System, a National Reserve, a National Monument, or certain lands for which a state has implemented a conservation management plan, if the facility's operation would be inconsistent with restrictions placed on such land.

Title VII: Technical Corrections - (Sec. 701) Makes technical corrections to limitations on the use of local rail freight assistance. Considers any repaid portion of the U.S. Government's share of money, and any contingent interest recovered, to be state funds.

Redefines "motor carrier" to exempt from unified carrier registration system plan and agreement requirements any carrier that the board of directors of the unified carrier registration plan determines appropriate.

Status of the Legislation

Latest Major Action: 10/6/2008: Presented to President.

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Revision by webmaster (October 6, 2008, 20:05:57)

Mon, 06 Oct 2008 19:05:57 EDT

H.R. 2095 would amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, and it would authorize the Federal Railroad Safety Administration.

Detailed Summary

Federal Railroad Safety Improvement Act of 2007 - Title I: Federal Railroad Safety Administration - (Sec. 101) Amends federal transportation law to establish within the Department of Transportation (DOT) the Federal Railroad Safety Administration to carry out, with the highest priority, enforcement of U.S. safety laws with respect to rail transportation (effectively replacing the Federal Railroad Administration). Provides for the appointment of an Associate Administrator for Railroad Safety who shall be the Chief Safety Officer of the Federal Railroad Safety Administration.

(Sec. 102) Directs the Secretary of Transportation (Secretary) to develop a long-term strategy for improving railroad safety, including an annual plan and schedule for reducing the number and rates of accidents, injuries, and fatalities involving railroads.

Requires the Secretary and the Administrator of the Federal Railroad Safety Administration (Administrator) to semiannually report to Congress on the Federal Railroad Safety Administration's progress on achieving such goals and plans.

(Sec. 103) Requires: (1) the Inspector General of the DOT to report to the Secretary and the Administrator a list of each statutory mandate regarding railroad safety that has not been implemented and each open safety recommendation made by the National Transportation Safety Board (NTSB) or the Inspector General regarding railroad safety; (2) the Secretary to report to Congress on the specific actions taken to implement such mandates; and (3) the Secretary to annually transmit a report to Congress on each open safety recommendation made by the NTSB or the Inspector General regarding railroad safety, a copy of DOT's response to each of the recommendations, and a progress report on implementing such recommendations.

(Sec. 105) Authorizes appropriations for FY2008-FY2011 for: (1) railroad safety, including the safe transportation of hazardous materials; (2) the purchase of six Gage Restraint Measurement System vehicles and five track geometry vehicles to enable the deployment of one Gage Restraint Measurement System vehicle and one track geometry vehicle in each region; (3) the construction of the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado; (4) rail security personnel in DOT regional offices and in Washington, DC; and (5) development of a pilot electric cargo conveyor system for the transportation of containers from ports to depots outside of urban areas.

Title II: Employee Fatigue - (Sec. 201) Redefines "signal employee" to eliminate the requirement that such individual be employed by a railroad carrier (effectively extending hours-of-service requirements to contractors who are engaged in installing, repairing, or maintaining signal systems).

Revises hours of service requirements for a signal employee and a train employee to prohibit, except in an emergency, a railroad carrier or railroad contractor from requiring or allowing such employee to remain or go on duty: (1) unless the employee has had at least 10 consecutive hours off duty during the prior 24 hours; (2) for a period in excess of 12 consecutive hours; or (3) unless the employee has had at least one period of at least 24 consecutive hours off duty in the past seven consecutive days. Prohibits, with a specified exception, a railroad carrier from communicating with a signal or train employee during such employee's off duty period.

(Sec. 202) Prohibits a railroad carrier from providing sleeping quarters through the use of camp cars for employees and any individuals employed to maintain the right-of-way of a railroad carrier.

(Sec. 203) Requires each railroad carrier to submit to the Secretary for review and approval a fatigue management plan to reduce accidents and injuries caused by railroad employees due to fatigue.

(Sec. 204) Authorizes the Secretary to issue, based on scientific and medical research, regulations that reduce the maximum hours a railroad employee may be required to remain on duty, or that increase the minimum hours such employee may be required to rest, to a level less than that established under federal hours-of-service law.

(Sec. 205) Provides that a railroad carrier is deemed to know the acts of its managers and supervisors (under current law, officers and agents) in proceedings regarding the violation of hours-of-service requirements.

Title III: Bridge Safety - (Sec. 301) Requires the Federal Railroad Safety Administration to implement regulations requiring owners of track carried on one or more railroad bridges to adopt certain safety practices to prevent the deterioration of railroad bridges and reduce the risk of human casualties, environmental damage, and disruption to the U.S. transportation system that would result from a catastrophic bridge failure.

Title IV: Grade Crossings - (Sec. 401) Revises emergency notification of grade crossing problems provisions to require each railroad carrier: (1) to establish a toll-free telephone service for the public to report malfunctions of signals and disabled vehicles blocking railroad tracks at grade crossings; (2) upon receiving a report of a malfunction or disabled vehicle, to immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle, including to contact the appropriate public safety officials to assist them in directing traffic and removing the disabled vehicle; and (3) to place the toll-free telephone number and certain other explanatory information on signs at each grade crossing.

(Sec. 402) Directs the Secretary to prescribe regulations to require each railroad carrier to remove from its right-of-way at all public highway-rail grade crossings, including at all private highway-rail grade crossings open to unrestricted public access, vegetation which may obstruct the view of a pedestrian or a vehicle operator to a train's approach.

(Sec. 403) Requires the Secretary to develop and make available to state and local governments model state legislation providing for civil or criminal penalties, or both, for violations of grade crossing signals.

(Sec. 404) Requires railroad carriers and states to report to the Secretary, and update periodically, unreported highway-rail (including non-vehicular pathway-rail) grade crossings and public highway-rail (including non-vehicular public pathway) grade crossings within the United States. Imposes civil penalties for violations of the requirements of this section.

(Sec. 405) Requires the Federal Railroad Safety Administration to periodically conduct an audit of each Class I railroad and non-Class I railroad to ensure that all grade crossing collisions and fatalities are reported to the national accident database.

(Sec. 406) Authorizes the Secretary to purchase promotional items of nominal value and distribute them to the public without charge as part of an educational or awareness program to improve the safety of grade crossings and to prevent trespass on railroad rights-of-way.

(Sec. 407) Directs the Federal Railroad Safety Administration to make grants to Operation Lifesaver to: (1) carry out a public information and education program to help prevent railroad incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at grade crossings; and (2) implement the Railroad Safety Public Awareness Program that addresses the need for targeted, sustained community outreach on rail and grade crossing safety. Authorizes appropriations for FY2008-FY2011.

(Sec. 408) Directs the Secretary to annually identify the top 10 states that have had the most highway-rail grade crossing collisions over the past year, and to work with those states to develop a State Grade Crossing Action Plan approved by the Secretary that identifies specific solutions for improving safety at such crossings.

(Sec. 409) Declares that it is U.S. policy to develop new technology that can prevent loss of life and injuries at highway-rail grade crossings.

Title V: Enforcement - (Sec. 501) Authorizes the Attorney General to bring a civil action in a district court of the United States to collect a civil penalty imposed or an amount agreed on in compromise with respect to rail accident reporting violations or hours-of-service violations.

(Sec. 502) Increases penalties for violations of rail safety regulations prescribed or orders issued by the Secretary, including violations related to rail accident reporting and hours-of-service.

(Sec. 504) Expands the authority of the Secretary to issue emergency rules or restrictions to abate unsafe conditions or practices causing significant harm to the environment.

(Sec. 505) Requires the Secretary, not later than December 31, 2007, to provide a monthly updated summary to the public of all railroad enforcement actions taken by the Secretary or the Federal Railroad Safety Administration.

(Sec. 506) Makes it unlawful for a person to knowingly interfere with a rail accident investigation. Sets forth criminal penalties for violations of such requirements.

(Sec. 507) Allows the Secretary to authorize officers, employees, or agents of the Secretary to intercept and record a radio communication, with or without the consent of the sender or other receivers of the communication, where such communication is broadcast or transmitted over a radio frequency which is authorized for use by one or more railroad carriers by the Federal Communications Commission (FCC) and primarily used by such railroad carriers for communications in connection with railroad operations. Allows such activities for purposes of accident prevention and accident investigation. Sets forth uses of information obtained through such activities.

(Sec. 508) Requires the Secretary to incrementally increase through December 31, 2011, the total number of positions for railroad safety inspection and enforcement personnel at the Federal Railroad Safety Administration.

Title VI: Miscellaneous Provisions - (Sec. 601) Requires, by December 31, 2014, each Class I railroad to develop and submit to the Secretary for review and approval a plan for implementing a positive train control system that minimizes the risk of train collisions and over-speed derailments. Requires the Secretary, not later than December 31, 2011, to report to Congress on the progress of the railroad carriers in implementing such systems.

(Sec. 602) Directs the Secretary to prescribe regulations to require railroads with main lines in nonsignaled territory without a train speed enforcement system that would stop a train in advance of a misaligned switch to either: (1) install an automatically activated device, in addition to the switch banner, that will capture the attention of the employees involved with switch operations and clearly convey the status of the switch both in daylight and darkness; or (2) operate trains at speeds that will allow them to be safely stopped in advance of misaligned switches.

(Sec. 603) Directs the Secretary to prescribe regulations: (1) to require railroad carriers to take certain measures to minimize accidents due to internal rail flaws; and (2) for all classes of track for concrete crossties that address certain conditions to the integrity of rail lines.

(Sec. 604) Directs the Secretary to prescribe regulations and issue orders to establish a program to require the certification of train conductors.

(Sec. 605) Directs the Secretary to establish minimum training standards and training curriculum to ensure each class and craft of railroad employees charged with the inspection of track or railroad equipment are qualified to assess railroad compliance with federal safety standards to identify defective conditions and take remedial action to correct defective conditions that are known to contribute to derailments, accidents, or injury.

(Sec. 606) Prohibits a railroad carrier from: (1) denying, delaying, or interfering with the medical or first aid treatment of an employee who is injured during the course of employment; and (2) disciplining, or threatening to discipline, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician.

(Sec. 607) Directs the Secretary to prescribe regulations to require railroads to provide: (1) emergency breathing apparatus for all crewmembers on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of unintentional release; and (2) such crewmembers with appropriate training for using the breathing apparatus.

(Sec. 608) Directs the Secretary to report to Congress on the effects of the locomotive cab environment on the safety, health, and performance of train crews.

(Sec. 609) Requires railroad carriers with respect to certain of its tunnels in which hazardous materials go through to: (1) maintain for at least two years structural inspection and maintenance records for such tunnels; and (2) provide, upon request, periodic briefings to local government authorities, including updates on repair projects that substantially alter the ingress and egress of such tunnels.

(Sec. 610) Directs the Secretary to conduct a study, and report the results to Congress, on DOT's regulations relating to safety inspections of diesel-electric locomotives and equipment and the safety consequences of requiring less frequent inspections of such locomotives (including their air brakes) which are operated by museums.

(Sec. 611) Requires the Secretary to prescribe regulations and issue orders to establish a program to require the certification of carmen, including all employees performing mechanical inspections, brake system inspections, or maintenance on freight and passenger rail cars.

(Sec. 612) Directs the Secretary to establish a grant program for the deployment of train control and component technologies, with priority to applications that benefit both passenger and freight safety and network efficiency, or the deployment of train control technology on high-risk corridors that have significant movements of hazardous materials or where commuter and intercity passenger railroad operate. Authorizes appropriations for FY2008-FY2011.

(Sec. 613) Requires Class I railroads to annually file with both the Federal Railroad Safety Administration and the Surface Transportation Board (STB) a report detailing, by state, the infrastructure investments and maintenance such railroads have performed on their system, including but not limited to track, locomotives, railcars, and grade crossings, in the previous calendar year.

(Sec. 614) Directs the Secretary to establish a program to provide grants to state and local governments to provide emergency grade crossing safety improvements at locations where there has been a railroad grade crossing collision with a school bus or collision involving three or more serious bodily injuries or fatalities. Authorizes appropriations for FY2008-FY2011.

(Sec. 615) Requires the Secretary, when reviewing applications for a waiver or exemption from sounding locomotive horns at highway-rail grade crossings, to consider horn noise and its impact on the local community and the unique characteristics of such community.

(Sec. 616) Provides that mechanical and brake inspections of rail cars performed in Mexico shall not be treated as satisfying U.S. rail safety laws or regulations unless the Secretary certifies, among other things, that: (1) such inspections are being performed under regulations and standards equivalent to those in the United States, including comparable enforcement procedures; and (2) the Federal Railroad Safety Administration is permitted to perform onsite inspections to ensure compliance with the requirements of this section. Provides that hazardous material inspections performed in Mexico shall not be treated as satisfying U.S. rail safety laws or regulations.

(Sec. 617) Exempts solid waste rail transfer facilities from the exclusive jurisdiction of the STB (effectively allowing state and local authorities to regulate such facilities).

Title VII: Rail Passenger Disaster Family Assistance - Rail Passenger Disaster Family Assistance Act of 2007 - (Sec. 702) Directs the NTSB to provide certain assistance to families of passengers involved in a rail passenger accident that results in a major loss of life. Requires each rail passenger carrier to submit to the Secretary and the NTSB a plan for addressing the needs of such families.

(Sec. 704) Requires the Secretary to establish a task force to develop: (1) a model plan to assist passenger rail carriers in responding to passenger rail accidents; and (2) recommendations to improve methods on the delivery of such assistance by such rail carriers. Requires the Secretary to report to Congress on the model plan and recommendations developed by the task force.