570 
title and in so doing may make changes necessary to 
transform those provisions into regulatory form. 
‘‘(2) Notwithstanding any other provision of 
law, these regulations shall not be subject to judicial 
review. 
‘‘(3) Upon the effective date of the regulations 
prescribed under this subsection (a) (the status quo 
regulations), chapter 211 of this title shall cease to 
be effective. 
‘‘(b) AUTHORITY TO PRESCRIBE AMENDMENTS TO 
THE STATUS QUO REGULATIONS.—After the Secretary 
has prescribed the regulations mandated by subsection (a) 
and after the regulations mandated by subsection (a) have 
become effective, the Secretary may amend the regulations 
as the Secretary deems necessary in accordance with the 
Secretary’s general authority under section 20103 of this 
title, to prevent and mitigate fatigue among individuals 
performing safety-critical duties in train and engine serv-
ice, signal or train control service, or dispatching service, 
whether or not directly employed by a railroad carrier. 
‘‘(c) DETERMINATIONS COMMITTED TO THE DISCRE-
TION OF THE SECRETARY.—In the prescription of any 
final rule amendment by the Secretary to the regulations 
mandated by subsection (a), or to the regulations author-
ized by subsection (b), determinations of scientific knowl-
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edge and literature relating to fatigue, scientific and med-
ical research on circadian rhythms and human sleep and 
rest requirements, reasonable levels of fatigue prevention 
or fatigue mitigation, and other related determinations 
and applications of scientific knowledge and literature are 
committed to the discretion of the Secretary.’’. 
(d) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 201, as amended by this Act, is further 
amended by inserting after the item relating to section 
20170 the following: 
‘‘20171. Fatigue, including hours of service.’’. 
(e) AMENDMENT.—Effective upon the effective date 
of the regulations prescribed under subsection (c) of this 
section, the following new section of chapter 201, as 
amended by this Act, shall become effective: 
‘‘§ 20172. Maximum duty hours and subjects of collec-
tive bargaining 
‘‘The number of hours that an employee may be re-
quired or allowed to be on duty (a number formerly estab-
lished by the Federal hours of service laws, formerly codi-
fied at chapter 211 of this title, and presently established 
under section 20171 of this title) is the maximum number 
of hours consistent with safety. Shorter hours of service 
and time on duty of an employee are proper subjects for 
collective bargaining between a railroad carrier and its em-
ployees.’’. 
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(f) CONFORMING AMENDMENT.—Effective upon the 
effective date of regulations prescribed under subsection 
(c) of this section, the following new item in the chapter 
analysis for chapter 201, as amended by this Act, shall 
become effective: 
‘‘20172. Maximum duty hours and subjects of collective bargaining.’’. 
SEC. 9404. AMENDMENTS TO THE SAFETY APPLIANCE LAW. 
(a) AMENDMENT.—Section 20303 is amended by 
adding at the end the following new subsections: 
‘‘(d) DEFINITIONS
AND CLARIFICATION.—In sub-
section (a)— 
‘‘(1) ‘place at which the repairs can be made’ 
means— 
‘‘(A) a location with a fixed facility for 
conducting the repairs that are necessary to 
bring the defective or insecure vehicle into com-
pliance with this chapter; or 
‘‘(B) a location where a mobile repair 
truck capable of making the repairs that are 
necessary to bring the defective or insecure ve-
hicle into compliance with this chapter makes 
the same kind of repair at the location regularly 
(as specified in regulations prescribed by the 
Secretary); 
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‘‘(2) ‘nearest’ means the closest in the forward 
direction of travel for the defective or insecure vehi-
cle; and 
‘‘(3) movement of a defective or insecure vehicle 
from a location is ‘necessary to make repairs’ of the 
vehicle even though a mobile repair truck capable of 
making the repairs has gone to the location on an 
irregular basis (as specified in regulations prescribed 
by the Secretary). 
‘‘(e) ADDITIONAL CONDITIONS FOR MOVEMENT TO 
MAKE REPAIRS.—The Secretary of Transportation may 
impose conditions for the movement of a defective or inse-
cure vehicle to make repairs in addition to those conditions 
set forth in subsection (a) by prescribing regulations or 
issuing orders as necessary.’’. 
(b) AMENDMENT.—Section 20306 is amended by— 
(1) striking the word ‘‘or’’ at the end of sub-
section (b)(1); 
(2) striking the period at the end of subsection 
(b)(2) and inserting ‘‘; or’’; and 
(3) adding at the end a new subsection (b)(3) 
to read as follows: 
‘‘(3) a regulation as contemplated by section 
553 of title 5, United States Code.’’. 
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SEC. 9405. AMENDMENTS TO THE LOCOMOTIVE INSPEC-
TION LAW. 
(a) AMENDMENT.—Section 20701 is amended by— 
(1) redesignating its text as subsection (a) with 
the heading ‘‘GENERAL.—’’; 
(2) striking the word ‘‘and’’ at the end of sub-
section (a)(2); 
(3) striking the period at the end of subsection 
(a)(3) and inserting ‘‘; and’’; and 
(4) adding at the end a new subsection (a)(4) 
to read as follows: 
‘‘(4) if of a unique design or utilizing a new 
power source technology, have been approved in ad-
vance by the Secretary.’’. 
(b) AMENDMENT.—Section 20701, as amended by 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘(b) DEFINITIONS.—For the purposes of subsection 
(a)(4), the term ‘new power source technology’ means a 
technology that employs a source of motive power other 
than diesel fuel, electricity, or steam.’’. 
SEC. 9406. TECHNICAL AMENDMENT TO THE PROVISION ON 
PROTECTION OF RAILROAD SAFETY RISK RE-
DUCTION PROGRAM INFORMATION. 
Section 20119(b) is amended to read as follows: 
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