tration shall be considered a final agency action for pur-
poses of judicial review.’’.
SEC. 6. STUDY OF RULEMAKING PROCESS.
The Comptroller General shall, before October 1,
1997, complete and transmit to the Congress a report de-
tailing the results of a study of the rulemaking process
employed by the Federal Railroad Administration. The
study shall address—
(1) the adequacy of resources devoted to that
rulemaking process; and
(2) improvements that could be made in that
process, including achieving timely issuance of regu-
lations required by statute and adhering to statutory
deadlines.
SEC. 7. CONVERSION OF HOURS OF SERVICE PROVISIONS
TO ADMINISTRATIVE REGULATIONS.
(a) REPEAL.—(1) Chapter 211 of title 49, United
States Code, and the item relating thereto in the table of
chapters of subtitle V of title 49, are repealed.
(2) Paragraph (1) shall take effect on October 1,
1997.
(b) CONVERSION
TO
ADMINISTRATIVE
REGULA-
TIONS.—On the repeal of chapter 211 under subsection
(a), the provisions of sections 21101 through 21107 of
that chapter shall continue in effect with full force and
effect as if issued as administrative regulations by the Sec-
retary of Transportation under that chapter. Such provi-
sions, and any regulations issued by the Secretary relating
thereto, shall be subject to modification to the full extent
of the Secretary’s authority over railroad safety matters
under section 20103(a) of title 49, United States Code.
SEC. 8. HOURS OF SERVICE PILOT PROJECTS.
(a) AMENDMENT.—Chapter 201 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 20154. Hours of service pilot projects
‘‘(a) AUTHORITY.—The Secretary of Transportation
may approve the implementation of pilot projects to dem-
onstrate the possible benefits of implementing alternatives
to the strict application of the requirements of chapter
211, regulations issued thereunder, and successor regula-
tions thereto, including requirements concerning maxi-
mum on-duty and minimum off-duty periods. If, as of Au-
gust 1, 1997, less than 3 such projects are underway with
projected completion dates of not later than June 30,
1999, the Secretary shall order the implementation of suf-
ficient projects to ensure that at least 3 such projects are
underway no later than December 1, 1997.
‘‘(b) REPORT.—Not later than June 30, 1998, the
Secretary shall transmit to the Congress a report that—
‘‘(1) explains and analyzes the effectiveness of
all pilot projects established pursuant to subsection
(a); and
‘‘(2) recommends appropriate modifications to
the Secretary’s hours of service regulations.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions of chapter 201 of title 49, United States Code, is
amended by adding at the end the following new item:
‘‘20154. Hours of service pilot projects.’’.
SEC. 9. TRAIN CONTROL SYSTEMS REPORTS.
(a) AMENDMENT.—Chapter 201 of title 49, United
States Code, as amended by section 8 of this Act, is
further amended by adding at the end the following new
section:
‘‘§ 20155. Train control systems reports
‘‘(a) APPLICATION OF TRAIN CONTROL SYSTEMS TO
COMMUTER CORRIDORS.—Not later than December 31,
1997, the Secretary of Transportation shall transmit to
the Congress a report—
‘‘(1) evaluating the current state of train con-
trol technology suitable for application to commuter
rail corridors; and
‘‘(2) proposing a practicable schedule for the in-
stallation of such train control technology on key
commuter rail corridors.
‘‘(b) APPLICATION OF ADVANCED TRAIN CONTROL
TO THE NATIONAL RAIL FREIGHT SYSTEM.—Not later
than June 30, 1998, the Secretary shall transmit to the
Congress a report—
‘‘(1) evaluating the suitability of advanced train
control systems (including systems that employ radio
frequency data links and systems using the Global
Positioning System) for immediate use where appro-
priate on freight railroads’ route systems;
‘‘(2) outlining a feasible schedule for installa-
tion of any such suitable systems on major rail
freight corridors; and
‘‘(3) evaluating the costs and benefits of
advanced train control systems, including business
benefits.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions of chapter 201 of title 49, United States Code, is
amended by adding at the end the following new item:
‘‘20155. Train control systems reports.’’.
SEC. 10. RAIL SAFETY PERFORMANCE-BASED STANDARDS.
(a) AMENDMENT.—Section 20103 of title 49, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(g) PERFORMANCE-BASED STANDARDS.—The Sec-
retary shall, to the maximum extent feasible, adopt per-
formance-based standards for achieving rail safety in all
activities to which this part applies. The Secretary shall
adopt a performance-based standard whenever—
‘‘(1) the performance-based standard can rea-
sonably be expected to achieve an equal or greater
level of safety than alternative proposed or existing
standards; and
‘‘(2) the administrative and enforcement costs
are not significantly greater than those of other
types of standards.’’.
(b) REPORT.—Not later than June 30, 1998, the
Secretary of Transportation shall transmit to the Con-
gress a report on progress made in implementing section
20103(g). Such report shall include an estimate of the sav-
ings achieved, as a result of such implementation, in ad-
ministering rail safety programs as of the reporting date,
as well as a projection of savings expected to be achieved
for each fiscal year through September 30, 2002. Such
report shall also include an analysis of the effects of adopt-
ing performance-based standards on—
(1) railroad safety; and
(2) administrative and enforcement costs.
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