II

104TH CONGRESS

2D SESSION S. 1575

To improve rail transportation safety, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 27 (legislative day, FEBRUARY 23), 1996

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To improve rail transportation safety, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Rail Safety Act of

5 1996’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act, the following definitions

8 shall apply:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Federal

11 Railroad Administration.
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1 (2) PASSENGER CAB CAR.—The term ‘‘pas2 senger cab car’’ means the leading cab car on a pas3 senger train that does not have a locomotive or safe4 ty locomotive at the front of the train.

5 (3) SAFETY LOCOMOTIVE.—The term ‘‘safety

6 locomotive’’ means a cab-car locomotive (whether

7 operational or not) that is used at the front of a rail

8 passenger train to promote passenger safety.

9 (4) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of Transportation.

11 (5) TRAIN EMPLOYEE.—The term ‘‘train em12 ployee’’ has the same meaning as in section

13 21101(5) of title 49, United States Code.

14 SEC. 3. HOURS OF SERVICE.

15 (a) IN GENERAL.—

16 (1) REGULATIONS.—Not later than 180 days

17 after the date of enactment of this Act, the Sec18 retary, in consultation with the Administrator, shall

19 promulgate regulations concerning limitations on

20 duty hours of train employees that contain—

21 (A) requirements concerning hours of work

22 for train employees and interim periods avail23 able for rest that are no less stringent than the

24 applicable requirements under section 21103 of

25 title 49, United States Code, as in effect on the
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1 day before the effective date of subsection (b);

2 and

3 (B) any other related requirements that

4 the Secretary determines to be necessary to

5 protect public safety.

6 (2) NEGOTIATED RULEMAKING.—

7 (A) IN GENERAL.—In promulgating regu8 lations under this subsection, the Secretary

9 shall use negotiated rulemaking, unless the Sec10 retary determines that the use of that process

11 is not appropriate.

12 (B) PROCEDURES FOR NEGOTIATED RULE13 MAKING.—If the Secretary determines under

14 subparagraph (A) that negotiated rulemaking is

15 appropriate, the Secretary, in consultation with

16 the Administrator, shall carry out the nego17 tiated rulemaking in accordance with the proce18 dures under subchapter III of chapter 5 of title

19 5, United States Code.

20 (b) REPEAL.—

21 (1) IN GENERAL.—Section 21103 of title 49,

22 United States Code, is repealed.

23 (2) EFFECTIVE DATE.—This subsection shall

24 take effect on the date on which the Secretary pro25 mulgates final regulations under subsection (a).
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1 SEC. 4. SATELLITE-BASED TRAIN CONTROL SYSTEMS.

2 (a) IN GENERAL.—Not later than 1 year after the

3 date of enactment of this Act, the Secretary, acting

4 through the Administrator, shall conduct a study to deter5 mine the feasibility of requiring satellite-based train con6 trol systems to provide positive train control for railroad

7 systems in the United States by January 1, 2001.

8 (b) TIME FRAME FOR OPERATION; AUTOMATED

9 TRAIN CONTROL SYSTEMS.—

10 (1) REGULATIONS TO COVER IMPRACTICABILITY

11 OF SATELLITE-BASED TRAIN CONTROL SYSTEMS.—

12 Subject to paragraph (3), if, upon completion of the

13 study conducted under subsection (a), the Secretary,

14 acting through the Administrator, determines that

15 the installation of an effective satellite-based train

16 control system referred to in subsection (a) could

17 not be accomplished practicably by January 1, 2001,

18 the Secretary shall promulgate regulations to re19 quire, as soon as practicable after the date of pro20 mulgation of the regulations, the use of automated

21 train control technology that is available on that

22 date.

23 (2) REGULATIONS TO COVER PRACTICABILITY

24 OF SATELLITE-BASED TRAIN CONTROL SYSTEMS.—

25 (A) IN GENERAL.—Subject to paragraph

26 (3), if upon completion of the study conducted
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1 under subsection (a), the Secretary, acting

2 through the Administrator, determines that the

3 installation of an effective satellite-based train

4 control system referred to in subsection (a)

5 could be accomplished practicably by January

6 1, 2001, the Secretary, in consultation with the

7 Administrator, shall promulgate regulations to

8 require, as soon as practicable after the date of

9 promulgation of the regulations, the use of

10 automated train control technology that is

11 available on that date.

12 (B) WAIVERS.—If the appropriate official

13 of a railroad system establishes, to the satisfac14 tion of the Secretary, and in a manner specified

15 by the Secretary, that the railroad system will

16 have in operation a satellite-based train control

17 system by January 1, 2001, the Secretary shall

18 issue a waiver for that railroad system to waive

19 the application of the regulations promulgated

20 under subparagraph (A) for that railroad sys21 tem, subject to terms and conditions established

22 by the Secretary.

23 (3) CONDITIONS.—In promulgating regulations

24 under this subsection, the Secretary, in consultation

25 with the Administrator, shall provide for any excep-
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1 tions or conditions that the Secretary, in consulta2 tion with the Administrator, determines to be nec3 essary.

4 (4) MONITORING.—

5 (A) IN GENERAL.—If the Secretary issues

6 a waiver for a railroad system under paragraph

7 (2)(B), the railroad system shall, during the pe8 riod that the waiver is in effect, provide such

9 information to the Secretary as the Secretary,

10 acting through the Administrator, determines to

11 be necessary to monitor the compliance of the

12 railroad system with the conditions of the waiv13 er, including information concerning the

14 progress of the railroad system in achieving an

15 operational satellite-based train control system.

16 (B) REVOCATION OF WAIVERS.—If, at any

17 time during the period that a waiver issued

18 under paragraph (2)(B) is in effect, the Sec19 retary determines that the railroad system is20 sued the waiver is not meeting the terms or

21 conditions of the waiver, or is not likely to have

22 in operation a satellite-based train control sys23 tem by January 1, 2001, the Secretary shall re24 voke the waiver.
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1 SEC. 5. AUTOMATIC TRAIN ESCAPE DEVICE STUDY.

2 (a) STUDY.—Not later than 1 year after the date of

3 enactment of this Act, the Secretary, acting through the

4 Administrator, shall conduct a study of the technical,

5 structural, and economic feasibility of automatic train es6 cape devices.

7 (b) REPORT.—Upon completion of the study con8 ducted under this section, the Secretary, acting through

9 the Administrator, shall—

10 (1) prepare a report that contains the findings

11 of the study; and

12 (2) submit a copy of the report to the appro13 priate committees of the Congress.

14 (c) REGULATIONS.—If, by the date specified in sub15 section (a), the Secretary makes a determination (on the

16 basis of the findings of the study) that automatic train

17 escape devices should be required on rail passenger trains,

18 the Secretary, in consultation with the Administrator,

19 shall, not later than 180 days after such date, promulgate

20 regulations to require automatic train escape devices on

21 rail passenger trains as soon as practicable after the date

22 of promulgation of the regulations.

23 SEC. 6. LOCOMOTIVE FUEL TANKS.

24 (a) IN GENERAL.—Not later than 180 days after the

25 date of enactment of this Act, the Secretary, in consulta26 tion with the Administrator, shall establish, by regulation,
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1 minimum safety standards for fuel tanks of locomotives

2 of rail passenger trains that take into consideration envi3 ronmental protection and public safety.

4 (b) APPLICABILITY.—The Secretary, in consultation

5 with the Administrator, may limit the applicability of the

6 regulations promulgated under subsection (a) to new loco7 motives (as defined by the Secretary, in consultation with

8 the Administrator) if the Secretary determines that the

9 limitation is appropriate.

10 SEC. 7. PASSENGER CAR CRASH-WORTHINESS.

11 (a) IN GENERAL.—Not later than 1 year after the

12 date of enactment of this Act, the Secretary, in consulta13 tion with the Administrator, shall determine whether to

14 promulgate regulations, for the purpose of protecting pub15 lic safety, to—

16 (1) require crash posts at the corners of rail

17 passenger cars;

18 (2) require safety locomotives on rail passenger

19 trains;

20 (3) establish minimum crash-worthiness stand21 ards for passenger cab cars; or

22 (4) carry out any combination of paragraphs

23 (1) through (3).

24 (b) REGULATIONS.—If, the Secretary, acting through

25 the Administrator, determines that promulgating any of
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1 the regulations referred to in subsection (a) are necessary

2 to protect public safety, the Secretary, in consultation with

3 the Administrator, shall, not later than 180 days after

4 such date, promulgate such regulations in final form, to

5 take effect as soon as practicable after the date of promul6 gation of the regulations.

7 (c) REPORT.—If the Secretary determines under sub8 section (a) that taking any action referred to in para9 graphs (1) through (3) of such subsection is not necessary

10 to protect public safety, not later than the date of the de11 termination, the Secretary shall submit a report to the ap12 propriate committees of the Congress that provides the

13 reasons for the determination.

14 SEC. 8. SIGNAL PLACEMENT.

15 (a) STUDY.—Not later than 1 year after the date of

16 enactment of this Act, the Secretary, acting through the

17 Administrator, shall conduct a study of the placement of

18 rail signals along railways. In conducting the study, the

19 Secretary, acting through the Administrator, shall deter20 mine whether regulations should be promulgated to re21 quire—

22 (1) that a signal be placed along a railway at

23 each exit of a rail station; and
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1 (2) if practicable, that a signal be placed so

2 that it is visible only to the train employee of a train

3 that the signal is designed to influence.

4 (b) REGULATIONS.—If, upon completion of the study

5 conducted under subsection (a), the Secretary determines

6 that the regulations referred to in that subsection are nec7 essary for the protection of public safety, the Secretary

8 shall, not later than 180 days after the completion of the

9 study, promulgate those regulations.

10 (c) REPORT.—If, upon completion of the study con11 ducted under subsection (a), the Secretary determines

12 that promulgating any of the regulations referred to in

13 subsection (a) is not necessary for the protection of public

14 safety, not later than the date of completion of the study,

15 the Secretary shall submit a report to the appropriate

16 committees of the Congress that provides the reasons for

17 that determination.

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