§24316 Plans to Address Needs of Families of Passengers Involved in Rail Passenger Accidents

Summary

Rail passenger carriers must send a written plan, no later than 6 months after the date of the enactment of the Rail Safety Improvement Act of 2008, to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security. The plan must cover how the carrier will help families after any intercity train accident that causes loss of life. It must include a way to give an up-to-date list of passenger names on request (using the best information available and making reasonable efforts for unreserved trains), a way to notify families before any public release of names (using a designated group or trained people), a reliable toll-free phone number set up within 4 hours and staffed, a promise to notify families as soon as a passenger is verified, a way to tell families if a name was on a preliminary manifest, rules for consulting families about remains and personal effects and keeping possessions at least 18 months unless needed for investigation, equal treatment of nonrevenue passengers, training for staff, family consultation about any memorial, ongoing work with the designated organization, and reasonable payment to that organization. Personal information on passenger lists cannot be made public, but may be shared with family members as appropriate. The plan does not limit other help a carrier may give or the NTSB/Secretary’s power to investigate. A carrier is not liable for damages for preparing or providing passenger lists or reservation information under the plan unless the carrier acted with gross negligence or intentional misconduct. The terms “passenger” and “rail passenger accident” are defined in section 1139. The Secretary of Transportation was provided $500,000 for fiscal year 2010 under section 20117(a)(1)(A) to carry out these rules; the money remains available until spent.