I
104TH CONGRESS
2D SESSION
H. R. 3335
To make certain administrative reforms relating to the Federal Railroad
Administration and to make further improvements to the laws governing
railroad safety.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 1996
Ms. MOLINARI introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To make certain administrative reforms relating to the Fed-
eral Railroad Administration and to make further im-
provements to the laws governing railroad safety.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Railroad Ad-
ministration Performance, Personnel, and Enforcement
Act of 1996’’.
SEC. 2. REGIONAL SAFETY OFFICES.
Section 103(a) of title 49, United States Code, is
amended by striking the second and third sentences.
SEC. 3. ADMINISTRATOR’S QUALIFICATIONS.
Section 103(b) of title 49, United States Code, is
amended by inserting after ‘‘consent of the Senate.’’ the
following new sentence: ‘‘The Administrator shall be ap-
pointed on the basis of technical qualification, professional
standing, and demonstrated knowledge in transportation,
transportation regulation, or transportation safety.’’.
SEC. 4. CONSULTATION WITH FEDERAL TRANSIT ADMINIS-
TRATION.
Section 103(c) of title 49, United States Code, is
amended by inserting after paragraph (2) the following:
‘‘The Administrator shall consult with the Federal Transit
Administration on all commuter rail passenger service
matters within the jurisdiction of the Administrator, and
shall establish procedures for regular oversight of such
matters.’’.
SEC. 5. FINAL AGENCY ACTION.
Subsection (d) of section 103 of title 49, United
States Code, is amended to read as follows:
‘‘(d) A decision of the Administrator in carrying out
a duty or power specified by subsection (c)(1) and involv-
ing notice and hearing required by law is administratively
final. A failure by the Secretary, by the Administrator,
or by any person acting on behalf of the Secretary or the
Administrator, to comply with a statutory deadline for
regulatory action within the jurisdiction of the Adminis-
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,
1996.
(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, 1996, less than 3 such projects are underway with
projected completion dates of not later than June 30,
1998, 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, 1996.
‘‘(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 fur-
ther amended by adding at the end the following new sec-
tion:
‘‘§ 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.