dreamproit/uscode huggingface dataset:
49 U.S.C. § 20119 (TRANSPORTATION)
§ 20119. Study on use of certain reports and surveys
(a) Study.—
The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. In conducting this study, the Secretary shall solicit input from the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.
(b) Authority.—
Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.
(Added Pub. L. 110–432, div. A, title I, § 109(a), Oct. 16, 2008, 122 Stat. 4867.)
49 U.S.C. § 20120 (TRANSPORTATION)
§ 20120. Enforcement report
(a) 1 In General.—
Beginning not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public website an annual report that—
(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials;
(2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including—
(A) the number of civil penalties assessed;
(B) the initial amount of civil penalties assessed;
(C) the number of civil penalty cases settled;
(D) the final amount of civil penalties assessed;
(E) the difference between the initial and final amounts of civil penalties assessed;
(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
(G) the number of cases referred to the Attorney General for civil or criminal prosecution; 2
(H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;
(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety;
(4) provide 3 the information required by paragraphs (2) and (3)—
(A) for each Class I railroad individually; and
(B) in the aggregate for—
(i) Class II railroads;
(ii) Class III railroads;
(iii) hazardous materials shippers; and
(iv) individuals;
(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by—
(A) the Locomotive Engineer Review Board;
(B) an Administrative Hearing Officer or Administrative Law Judge; or
(C) the Administrator of the Federal Railroad Administration;
(6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and
(7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.
(Added Pub. L. 110–432, div. A, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4878.)
49 U.S.C. § 20131 (TRANSPORTATION)
§ 20131. Restricted access to rolling equipment
The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that when railroad carrier employees (except train or yard crews) assigned to inspect, test, repair, or service rolling equipment have to work on, under, or between that equipment, every manually operated switch, including each crossover switch, providing access to the track on which the equipment is located is lined against movement to that track and secured by an effective locking device that can be removed only by the class or craft of employees performing the inspection, testing, repair, or service.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 872.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20131
45:431(g) (1st sentence cl. (1)).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(g) (1st sentence cl. (1)); added July 8, 1976, Pub. L. 94–348, § 5(b), 90 Stat. 820.
The words “within 180 days after July 8, 1976” are omitted as expired.
49 U.S.C. § 20132 (TRANSPORTATION)
§ 20132. Visible markers for rear cars
(a) General.—
The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that—
(1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visibility; and
(2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visibility.
(b) Preemption.—
Notwithstanding section 20106 of this title, subsection (a) of this section does not prohibit a State from continuing in force a law, regulation, or order in effect on July 8, 1976, related to lighted markers on the rear car of a freight train except to the extent it would cause the car to be in violation of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 873.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20132(a)
45:431(g) (1st sentence cls. (2), (3)).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(g) (1st sentence cls. (2), (3), last sentence); added July 8, 1976, Pub. L. 94–348, § 5(b), 90 Stat. 820.
20132(b)
45:431(g) (last sentence).
In subsection (a), before clause (1), the words “within 180 days after July 8, 1976” are omitted as expired.
49 U.S.C. § 20136 (TRANSPORTATION)
§ 20136. Automatic train control and related systems
The Secretary of Transportation shall prescribe regulations and issue orders to require that—
(1) an individual performing a test of an automatic train stop, train control, or cab signal apparatus required by the Secretary to be performed before entering territory where the apparatus will be used shall certify in writing that the test was performed properly; and
(2) the certification required under clause (1) of this section shall be maintained in the same way and place as the daily inspection report for the locomotive.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 875; Pub. L. 103–429, § 6(19), Oct. 31, 1994, 108 Stat. 4379.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20136
45:431(j).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(j); added June 22, 1988, Pub. L. 100–342, § 9, 102 Stat. 628.
The words “Within 90 days after June 22, 1988” are omitted as expired.
heading: Pub. L. 103–429
text: This amends 49:20136(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 875).
heading: Amendments
text: 1994—Par. (2). Pub. L. 103–429 substituted “section” for “subsection”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 20137 (TRANSPORTATION)
§ 20137. Event recorders
(a) Definition.—
In this section, “event recorder” means a device that—
(1) records train speed, hot box detection, throttle position, brake application, brake operations, and any other function the Secretary of Transportation considers necessary to record to assist in monitoring the safety of train operation, such as time and signal indication; and
(2) is designed to resist tampering.
(b) Regulations and Orders.—
Not later than December 22, 1989, the Secretary shall prescribe regulations and issue orders that may be necessary to enhance safety by requiring that a train be equipped with an event recorder not later than one year after the regulations are prescribed and the orders are issued. However, if the Secretary finds it is impracticable to equip trains within that one-year period, the Secretary may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 875.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20137
45:431(m).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(m); added June 22, 1988, Pub. L. 100–342, § 10, 102 Stat. 629.
In subsection (b), the words “Not later than December 22, 1989” are substituted for “within 18 months after June 22, 1988” for clarity. The words “may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued” are substituted for “may extend the deadline for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued” to eliminate unnecessary words.
49 U.S.C. § 20138 (TRANSPORTATION)
§ 20138. Tampering with safety and operational monitoring devices
(a) General.—
The Secretary of Transportation shall prescribe regulations and issue orders to prohibit the willful tampering with, or disabling of, any specified railroad safety or operational monitoring device.
(b) Penalties.—
(1) A railroad carrier operating a train on which a safety or operational monitoring device is tampered with or disabled in violation of a regulation prescribed or order issued under subsection (a) of this section is liable to the United States Government for a civil penalty under section 21301 of this title.
(2) An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under subsection (a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the Secretary. The penalties may include—
(A) a civil penalty under section 21301 of this title;
(B) suspension from work; and
(C) suspension or loss of a license or certification issued under section 20135 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20138
45:431(o).
Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(o); added June 22, 1988, Pub. L. 100–342, § 21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, § 2(3), 106 Stat. 972.
In subsection (a), the words “within 90 days after June 22, 1988” are omitted as expired.
In subsection (b), the words “by another person” are omitted as surplus.
49 U.S.C. § 20139 (TRANSPORTATION)
§ 20139. Maintenance-of-way operations on railroad bridges
Not later than June 22, 1989, the Secretary of Transportation shall prescribe regulations and issue orders for the safety of maintenance-of-way employees on railroad bridges. The Secretary at least shall provide in those regulations standards for bridge safety equipment, including nets, walkways, handrails, and safety lines, and requirements for the use of vessels when work is performed on bridges located over bodies of water.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 876.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20139
45:431(n).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(n); added June 22, 1988, Pub. L. 100–342, § 19(a), 102 Stat. 637; Sept. 3, 1992, Pub. L. 102–365, § 2(2), 106 Stat. 972.
The words “Not later than June 22, 1989” are substituted for “within one year after June 22, 1988” for clarity.
49 U.S.C. § 20141 (TRANSPORTATION)
§ 20141. Power brake safety
(a) Review and Revision of Existing Regulations.—
The Secretary of Transportation shall review existing regulations on railroad power brakes and, not later than December 31, 1993, revise the regulations based on safety information presented during the review. Where applicable, the Secretary shall prescribe regulations that establish standards on dynamic braking equipment.
(b) 2-Way End-of-Train Devices.—
(1) The Secretary shall require 2-way end-of-train devices (or devices able to perform the same function) on road trains, except locals, road switchers, or work trains, to enable the initiation of emergency braking from the rear of a train. The Secretary shall prescribe regulations as soon as possible, but not later than December 31, 1993, requiring the 2-way end-of-train devices. The regulations at least shall—
(A) establish standards for the devices based on performance;
(B) prohibit a railroad carrier, on or after the date that is one year after the regulations are prescribed, from acquiring any end-of-train device for use on trains that is not a 2-way device meeting the standards established under clause (A) of this paragraph;
(C) require that the trains be equipped with 2-way end-of-train devices meeting those standards not later than 4 years after the regulations are prescribed; and
(D) provide that any 2-way end-of-train device acquired for use on trains before the regulations are prescribed shall be deemed to meet the standards.
(2) The Secretary may consider petitions to amend the regulations prescribed under paragraph (1) of this subsection to allow the use of alternative technologies that meet the same basic performance requirements established by the regulations.
(3) In developing the regulations required by paragraph (1) of this subsection, the Secretary shall consider information presented under subsection (a) of this section.
(c) Exclusions.—
The Secretary may exclude from regulations prescribed under subsections (a) and (b) of this section any category of trains or rail operations if the Secretary decides that the exclusion is in the public interest and is consistent with railroad safety. The Secretary shall make public the reasons for the exclusion. The Secretary at least shall exclude from the regulations prescribed under subsection (b)—
(1) trains that have manned cabooses;
(2) passenger trains with emergency brakes;
(3) trains that operate only on track that is not part of the general railroad system;
(4) trains that do not exceed 30 miles an hour and do not operate on heavy grades, except for any categories of trains specifically designated by the Secretary; and
(5) trains that operate in a push mode.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 878.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20141(a)
45:431(r)(1), (2).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(r); added Sept. 3, 1992, Pub. L. 102–365, § 7, 106 Stat. 976.
20141(b)
45:431(r)(3).
20141(c)
45:431(r)(4).
49 U.S.C. § 20144 (TRANSPORTATION)
§ 20144. Blue signal protection for on-track vehicles
The Secretary of Transportation shall prescribe regulations applying blue signal protection to on-track vehicles where rest is provided.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 881.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20144
(uncodified).
June 22, 1988, Pub. L. 100–342, § 19(c), 102 Stat. 638.
The words “prescribe regulations” are substituted for “within one year after the date of the enactment of this Act, amend part 218 of title 49, Code of Federal Regulations” because the regulations to carry out this section have been prescribed.
49 U.S.C. § 20145 (TRANSPORTATION)
§ 20145. Report on bridge displacement detection systems
Not later than 18 months after November 2, 1994, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.
(Added Pub. L. 103–440, title II, § 207(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, § 5(48), (49), Oct. 11, 1996, 110 Stat. 3393.)
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994” and “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
49 U.S.C. § 20146 (TRANSPORTATION)
§ 20146. Institute for Railroad Safety
The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after November 2, 1994, an Institute for Railroad Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant to railroad operations. There are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 1996 through 2000 to fund activities carried out under this section by the Institute, which shall report at least once each year on its use of such funds in carrying out such activities and the results thereof to the Secretary of Transportation and the Congress.
(Added Pub. L. 103–440, title II, § 210(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, § 5(49), Oct. 11, 1996, 110 Stat. 3393.)
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
49 U.S.C. § 20147 (TRANSPORTATION)
§ 20147. Warning of civil liability
The Secretary of Transportation shall encourage railroad carriers to warn the public about potential liability for violation of regulations related to vandalism of railroad signs, devices, and equipment and to trespassing on railroad property.
(Added Pub. L. 103–440, title II, § 211(a), Nov. 2, 1994, 108 Stat. 4622.)
49 U.S.C. § 20148 (TRANSPORTATION)
§ 20148. Railroad car visibility
(a) Review of Rules.—
The Secretary of Transportation shall conduct a review of the Department of Transportation’s rules with respect to railroad car visibility. As part of this review, the Secretary shall collect relevant data from operational experience by railroads having enhanced visibility measures in service.
(b) Regulations.—
If the review conducted under subsection (a) establishes that enhanced railroad car visibility would likely improve safety in a cost-effective manner, the Secretary shall initiate a rulemaking proceeding to prescribe regulations requiring enhanced visibility standards for newly manufactured and remanufactured railroad cars. In such proceeding the Secretary shall consider, at a minimum—
(1) visibility of railroad cars from the perspective of nonrailroad traffic;
(2) whether certain railroad car paint colors should be prohibited or required;
(3) the use of reflective materials;
(4) the visibility of lettering on railroad cars;
(5) the effect of any enhanced visibility measures on the health and safety of train crew members; and
(6) the cost/benefit ratio of any new regulations.
(c) Exclusions.—
In prescribing regulations under subsection (b), the Secretary may exclude from any specific visibility requirement any category of trains or railroad operations if the Secretary determines that such an exclusion is in the public interest and is consistent with railroad safety.
(Added Pub. L. 103–440, title II, § 212(a), Nov. 2, 1994, 108 Stat. 4622.)
49 U.S.C. § 20149 (TRANSPORTATION)
§ 20149. Coordination with the Department of Labor
The Secretary of Transportation shall consult with the Secretary of Labor on a regular basis to ensure that all applicable laws affecting safe working conditions for railroad employees are appropriately enforced to ensure a safe and productive working environment for the railroad industry.
(Added Pub. L. 103–440, title II, § 213(a), Nov. 2, 1994, 108 Stat. 4623.)
49 U.S.C. § 20150 (TRANSPORTATION)
§ 20150. Positive train control system progress report
The Secretary of Transportation shall submit a report to the Congress on the development, deployment, and demonstration of positive train control systems by December 31, 1995.
(Added Pub. L. 103–440, title II, § 214(a), Nov. 2, 1994, 108 Stat. 4623.)
49 U.S.C. § 20155 (TRANSPORTATION)
§ 20155. Tank cars
(a) Standards.—
The Federal Railroad Administration shall—
(1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions within 1 year after the date of enactment of this section; and
(2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars within 18 months after the date of enactment of this section.
(b) Older Tank Car Impact Resistance Analysis and Report.—
Within 1 year after the date of enactment of this section the Federal Railroad Administration shall conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989. Within 6 months after completing that analysis the Administration shall transmit a report, including recommendations for reducing any risk of catastrophic fracture and separation of such cars, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 109–59, title IX, § 9005(b)(1), Aug. 10, 2005, 119 Stat. 1924.)
heading: References in Text
text: The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
49 U.S.C. § 20158 (TRANSPORTATION)
§ 20158. Railroad safety technology grants
(a) Grant Program.—
The Secretary of Transportation shall establish a grant program for the deployment of train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position indicators and monitors, remote control power switch technologies, track integrity circuit technologies, and other new or novel railroad safety technology.
(b) Grant Criteria.—
(1) Eligibility.—
Grants shall be made under this section to eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described in subsection (a) that have a public benefit of improved safety and network efficiency.
(2) Considerations.—
Priority shall be given to projects that—
(A) focus on making technologies interoperable between railroad systems, such as train control technologies;
(B) accelerate train control technology deployment on high-risk corridors, such as those that have high volumes of hazardous materials shipments or over which commuter or passenger trains operate; or
(C) benefit both passenger and freight safety and efficiency.
(3) Implementation plans.—
Grants may not be awarded under this section to entities that fail to develop and submit to the Secretary the plans required by sections 20156(e)(2) and 20157.
(4) Matching requirements.—
Federal funds for any eligible project under this section shall not exceed 80 percent of the total cost of such project.
(c) Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary of Transportation $50,000,000 for each of fiscal years 2009 through 2013 to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended.
(Added Pub. L. 110–432, div. A, title I, § 105(a), Oct. 16, 2008, 122 Stat. 4858.)