Federal Railroad Safety Authorization Act
PL 94-348 (H.R.11804), enacted 07/08/1976

PUBLIC LAW 94-348—JULY 8, 1976 
90 STAT. 817 
Public Law 94-348 
94th Congress 
An Act 
To amend the Federal Railroad Safety Act of 1970 to authorize additional 
July 8, 1976 
appropriations, and for other purposes. 
[H.R. 11804] 
Be it enacted hy the Senate and House of Representatwes of the 
United States of America in Congress assembled, 
SHORT TITLE 
Federal Railroad 
Safety 
Authorization Act 
of 1976. 
SECTION 1. This Act may be cited as the "Federal Railroad Safety 45 USC 421 note. 
Authorization Act of 1976". 
AUTHORIZATION FOR APPROPRIATIONS 
SEC. 2. (a) Section 212 of the Federal Railroad Safety Act of 1970 
(45 U.S.C. 441) is amended to read as follows: 
"SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. 
"(a) There are authorized to be appropriated to carry out the 
provisions of this Act not to exceed $35,000,000 for the fiscal year 
ending September 30,1977, and not to exceed $35,000,000 for the fiscal 
year ending September 30,1978. 
"(b) Except as provided in subsection (c) of this section, amounts 
appropriated under subsection (a) of this section for any fiscal year 
shall be available for expenditure in such fiscal year as follows: 
"(1) For the Office of Safety, including salaries and expenses 
for not more than (A) 500 safety inspectors, (B) 45 signal and 
train control inspectors, and (C) 110 clerical personnel, not to 
exceed $18,000,000 in any fiscal year. 
"(2) To carry out the provisions of section 206(d) of this Act, 
relating to State safety programs, not to exceed $3,500,000 in any 
fiscal year. 
" (3) For the Federal Railroad Administration, for salaries and 
expenses not otherwise provided for, not to exceed $3,500,000 in 
any fiscal year. 
" (4) For conducting research and development activities under 
this Act, not to exceed $10,000,000 in any fiscal year. 
"(c) (1) The aggregate of the amounts obligated and expended for 
research and development activities under this Act in any fiscal year 
shall not exceed the aggregate of the amounts expended for rail inspec-
tion and for the investigation and enforcement of railroad safety rules, 
regulations, orders, and standards under this Act in the same fiscal 
year. For purposes of this paragraph and paragraph (4) of subsection 
(b) of this section, amounts made available under paragraph (2) of 
this subsection for expenditure for research and development activities 
under this Act in any fiscal year following the fiscal year in which such 
amounts were originally appropriated shall be considered to have been 
obligated and expended for such activities during the fiscal year in 
which such amounts were originally appropriated. 
"(2) Of amounts appropriated under subsection (a) of this section 
and available for expenditure for conducting research and develop-
ment activities under subsection (b) (4) of this section, not to exceed 
90 STAT. 818 
PUBLIC LAW 94-348—JULY 8, 1976 
$5,000,000 of amounts so appropriated and made available for fiscal 
year 1977, and not to exceed $7,000,000 of amounts so appropriated 
and made available for fiscal year 1978, are authorized to remain avail-
able until expended for conducting research and development activities 
under this Act.". 
PENALTIES 
SEC. 3. (a) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6), is 
amended by striking out "two hundred and fifty dollars" and inserting 
in lieu thereof "not less than $250 and not more than $2,500". 
(b) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13), is 
amended by striking out "two hundred and fifty dollars" and insert-
ing in lieu thereof "not less than $250 and not more than $2,500". 
(c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34), is 
amended by striking out "two hundred and fifty dollars" and insert-
ing in lieu thereof "not less than $250 and not more than $2,500". 
(d) Section 25(h) of the Interstate Commerce Act (49 U.S.C. 
26(h)) is amended by striking out "$100 for each such violation and 
$100" and inserting in lieu thereof "not less than $250 and not more 
than $2,500 for each such violation and not less than $250 and not more 
than $2,500". 
31USC 952 note. 
(e) Notwithstanding any provision of the Federal Claims Collec-
tion Act of 1966 (31 U.S.C. 951-953), no penalty arising under a 
statute amended by this section shall be compromised by the Secretary 
for an amount less than $250. 
HOURS o r SERVICE 
SEC. 4. (a) Section 2(a) of the Act of March 4, 1907 (45 U.S.C. 
62(a)), commonly referred to as the Hours of Service Act, is 
amended— 
(1) by striking out "or" at the end of paragraph (1) ; 
(2) by striking out the period at the end of paragraph (2) 
and inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new paragraphs: 
"(3) to provide sleeping quarters for employees (including 
crew quarters, camp or bunk cars, and trailers) which do not 
afford such employees an opportunity for rest, free from inter-
ruptions caused by noise under the control of the railroad, in 
clean, safe, and sanitary quarters; or 
"(4) to begin construction or reconstruction of any sleeping 
quarters referred to in paragraph (3), on or after the date of 
enactment of this paragraph, within or in the immediate vicinity 
(as determined in accordance with rules prescribed by the Sec-
retary) of any area where railroad switching or humping opera-
tions are performed.". 
(b) Section 2 of such Act (45 U.S.C. 62) is amended by striking out 
subsection (c), relating to the exemption of crews of wreck or relief 
trains from limitations on employees hours of service, and inserting 
in lieu thereof the following new subsection: 
"(c) Notwithstanding subsection (a) of this section, the crew of a 
wreck or relief train may be permitted to be or remain on duty for not 
to exceed 4 additional hours in any period of 24 consecutive hours 
whenever an actual emergency exists and work of the crew is related to 
such emergency. For purposes of this subsection, an emergency ceases 
to exist when the track is cleared and the line is open for traffic". 
(c) Subsection (b) (2) of the first section of such Act (45 U.S.C. 61 
(b) (2)), relating to the definition of the term "employee", is amended 
PUBLIC LAW 94-34S—JULY 8, 1976 
90 STAT. 819 
by inserting immediately before the period at the end thereof the 
following: , including hostlers". 
(d) The Act of March 4,1907 (45 U.S.C. 61-64b) is further amended 
by adding a new section 3A to read as follows: 
"SEC. 3A. (a) It shall be unlawful for any common carrier, its 45 USC 63a. 
officers or agents, subject to this Act— 
" (1) to require or permit an individual employed by the carrier 
who is engaged in installing, repairing or maintaining signal 
systems, in case such individual shall have been continuously on 
duty for twelve hours, to continue on duty or to go on duty until 
he has had at least ten consecutive hours off duty; or 
" (2) to require or permit an individual described in paragraph 
(1) to continue on duty or to go on duty when he has not had at 
least eight consecutive hours off duty during the preceding twenty-
four hours. 
"(b) In determining for the purposes of subsection (a) the number 
of hours an individual is on duty, there shall be counted, in addition 
to the time such individual is actually engaged in installing, repairing 
or maintaining signal systems, all time on duty in other service per-
formed for the common carrier during the twenty-four hour period 
involved. 
"(c) For purposes of this section, time on duty shall commence 
when an individual reports for duty and terminate when the individ-
ual is finally released from duty. 
"(d) As used in sections 2(a) (3), 4, and 5 of this Act, the term Ante, p. 818. 
'employee' shall be deemed to include an individual employed by the 45 USC 64, 64a. 
carrier who is engaged in installing, repairing or maintaining signal 
systems. 
"(e) The provisions of this section shall not apply to an individual 
during such period of time as the provisions of section 3 apply to his 45 USC 63. 
duty and off-duty periods. 
"(f) Notwithstanding subsection (a) of this section, an individual 
engaged in installing, repairing, or maintaining signal systems may 
be permitted to be or remain on duty for not to exceed four addi-
tional hours in any period of twenty-four consecutive hours whenever 
an actual emergency exists and work of the individual is related to 
>« 
such emergency. For purposes of this subsection with respect to the 
on-duty time of an individual engaged in installing, repairing, or 
maintaining signal systems, an emergency ceases to exist when the 
signal systems are restored to service.". 
(e) Section 5(a) of such Act (45 U.S.C. 64a(a)) is amended by 
deleting the words "section 2 or section 3 of this Act" and by insert-
ing in lieu thereof the following: "section 2, section 3 or section 3A 
of this Act". 
SAFETY REGULATIONS 
SEC. 5. (a) Section 202(d) of the Federal Railroad Safety Act of 
1970 (45 U.S.C. 431 (d)) is amended to read as follows: 
"(d) In prescribing rules, regulations, orders, and standards under 
this section, the Secretary shall consider relevant existing safety data 
and standards and shall, within 180 days after the date of enactment 
of the Federal Railroad Safety Authorization Act of 1976, take such Ante, p. 817. 
action as may be necessary to develop and publish rules of practice 
applicable to all proceedings under this Act. Such rules of practice 
shall take into consideration the varying nature of proceedings under 
this Act and shall include specific time limits upon the disposition of 
all proceedings initiated under this Act. In no event shall the time 
90 STAT. 820 
PUBLIC LAW 94-348—JULY 8, 1976 
limit for any such proceeding extend for more than 12 months after 
the date such proceeding is initiated.". 
(b) Section 202 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431) is amended by adding at the end thereof the following 
' 
new subsection: 
" (g) The Secretary shall, within 180 days after the date of enact-
ment of this subsection, issue such rules, regulations, orders, and stand-
ards as may be necessary to require that— 
" (1) in any case in which activities of railroad employees (other 
than train or yard crews) assigned to inspect, test, repair, or serv-
ice rolling equipment require such employees to work on, under, or 
between such equipment, each manually operated switch, includ-
ing any crossover switch, providing access to the track on which 
/ 
such equipment is located must be lined against movement to that 
track and secured by an effective locking device which may not be 
removed except by the class or craft of employees performing such 
inspection, testing, repair, or servicing. 
"(2) the rear car of all passenger and commuter trains shall 
have one or more highly visible markers which are lighted during 
periods of darkness or whenever weather conditions restrict clear 
visibility; and 
"(3) the rear car of all freight trains shall have highly visible 
markers during periods of darkness or whenever weather condi-
tions restrict clear visibility. 
Notwithstanding the provisions of section 205 of the Federal Railroad 
Safety Act of 1970 (45 U.S.C. 434), nothing in paragraphs (2) and (3) 
of this subsection shall prohibit a State from continuing in force any 
law, rule, regulation, order or standard in effect on the date of enact-
Ante, p. 817. 
ment of the Federal Railroad Safety Authorization Act of 1976 relat-
ing to lighted markers on the rear car of freight trains except to the 
extent that such law, rule, regulation, order, or standard would cause 
such cars to be in violation of this section.". 
REGIONAL ORGANIZATION OF FEDERAL RAILROAD ADMINISTRATION 
49 use 1652a. 
SEC. 6. The Federal Railroad Administration shall be divided on a 
geographical basis into not less than 8 safety offices for purposes of 
administering and enforcing all Federal railroad safety laws. The 
Secretary shall retain full and final responsibility for all acts taken 
pursuant to Federal railroad safety laws and for the establishment of 
all policies with respect to implementation of such laws, and shall be 
responsible for insuring that all such laws are administered and 
enforced uniformly among such offices. 
EVALUATION OF THE FEDERAL RAILROAD SAFETY PROGRAM 
Study. 
SEC. 7. (a) The Office of Technology Assessment shall conduct a 
45 use 421 note, study of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et 
seq.) and related Federal laws to evaluate their effectiveness in improv-
ing the safety of our Nation's railroads. Such study and evaluation 
shall include, but shall not be limited to— 
'* - 
(1) a cost-benefit analysis of the railroad safety research and 
development activities under the Federal Railroad Safety Act of 
1970 and related Federal laws; 
(2) an evaluation of trends with respect to railroad employee 
injuries and casualties, injuries and casualties to other persons, 
accidents by type and cause, and such other data as the Office 
of Technology Assessment considers necessary to determine any 
PUBLIC LAW 94-348—JULY 8, 1976 
90 STAT. 821 
significant statistical relationship between safety practices, 
expenditures, penalties for violation of Federal railroad safety 
laws and regulations, and accident rates; 
(3) a statistical comparison of railroad accidents reported by 
each railroad for the 10-year period preceding the date of enact-
ment of this Act; 
(4) the cost-benefit and effectiveness of accident prevention 
resulting from the methodology used and practices employed by 
Federal and State railroad safety inspectors under Federal rail-
road safety laws and regulations; 
(5) an evaluation of safety inspection activities conducted by 
the railroad industry; 
(6) an evaluation and analysis of industry research and devel-
opment relating to railroad safety and accident prevention; 
(7) a cost-benefit analysis of the various Federal laws and 
regulations relating to railroad safety; and 
(8) the need for additional Federal expenditures for improve-
ments in railroad safety. 
(b) The Office of Technology Assessment shall, within 18 months 
after the date of enactment of this Act, submit a report to the Congress 
containing the results of the study conducted pursuant to this section, 
together with recommendations for such legislative or other action as 
such Office considers appropriate. 
(c) There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this section. 
Report to 
Congress. 
Appropriation 
authorization. 
UNIFORMITY OF JUDICIAL REVIEW 
SEC. 8. Section 4(c) of the Department of Transportation Act (49 
U.S.C. 1653 (c)) is amended by adding at the end thereof the following 
new sentence: "This subsection shall not apply to functions, powers, 
and duties transferred to the Secretary from the Interstate Commerce 
Commission under sections 6(e) (1) through (4) and section 6(e) (6) 
(A) of this Act". 
Approved July 8, 1976. 
49 u s e 1655. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1166 (Comm. on Interstate and Foreign Commerce). 
SENATE REPORT No. 94-855 accompanying S. 3119 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
June 9, 11, considered and passed House. 
June 24, considered and passed Senate, amended, in lieu of S. 3119. 
June 25, House concurred in Senate amendments.