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49 U.S.C. § 20142 — Track safety
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of Existing Regulations.—** Not later than March 3, 1993, the Secretary of Transportation shall begin a review of Department of Transportation regulations related to track safety standards. The review at least shall include an evaluation of—
(1) procedures associated with maintaining and installing continuous welded rail and its attendant structure, including cold weather installation procedures;
(2) the need for revisions to regulations on track excepted from track safety standards; and
(3) employee safety.
**(b) Revision of Regulations.—** Not later than September 1, 1995, the Secretary shall prescribe regulations and issue orders to revise track safety standards, considering safety information presented during the review under subsection (a) of this section and the report of the Comptroller General submitted under subsection (c) of this section.
**(c) Comptroller General’s Study and Report.—** The Comptroller General shall study the effectiveness of the Secretary’s enforcement of track safety standards, with particular attention to recent relevant railroad accident experience and information. Not later than September 3, 1993, the Comptroller General shall submit a report to Congress and the Secretary on the results of the study, with recommendations for improving enforcement of those standards.
**(d) Identification of Internal Rail Defects.—** In carrying out subsections (a) and (b), the Secretary shall consider whether or not to prescribe regulations and issue orders concerning—
(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and
(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of
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**(a) Review of Existing Regulations.—** Not later than March 3, 1993, the Secretary of Transportation shall begin a review of Department of Transportation regulations related to track safety standards. The review at least shall include an evaluation of—
(1) procedures associated with maintaining and installing continuous welded rail and its attendant structure, including cold weather installation procedures;
(2) the need for revisions to regulations on track excepted from track safety standards; and
(3) employee safety.
**(b) Revision of Regulations.—** Not later than September 1, 1995, the Secretary shall prescribe regulations and issue orders to revise track safety standards, considering safety information presented during the review under subsection (a) of this section and the report of the Comptroller General submitted under subsection (c) of this section.
**(c) Comptroller General’s Study and Report.—** The Comptroller General shall study the effectiveness of the Secretary’s enforcement of track safety standards, with particular attention to recent relevant railroad accident experience and information. Not later than September 3, 1993, the Comptroller General shall submit a report to Congress and the Secretary on the results of the study, with recommendations for improving enforcement of those standards.
**(d) Identification of Internal Rail Defects.—** In carrying out subsections (a) and (b), the Secretary shall consider whether or not to prescribe regulations and issue orders concerning—
(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and
(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.
**(e) Track Standards.—**
(1) **In general.—** — Within 90 days after the date of enactment of this subsection, the Federal Railroad Administration shall—
(A) require each track owner using continuous welded rail track to include procedures (in its procedures filed with the Administration pursuant to section 213.119 of title 49, Code of Federal Regulations) to improve the identification of cracks in rail joint bars;
(B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors’ areas of responsibility and require that inspectors use those programs when conducting track inspections; and
(C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration track inspectors periodically.
(2) **Inspection.—** — Whenever the Administration determines that it is necessary or appropriate, the Administration may require railroads to increase the frequency of inspection, or improve the methods of inspection, of joint bars in continuous welded rail.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintai
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or authorized by the Secretary—
(A) $225,000,000 for fiscal year 2009;
(B) $245,000,000 for fiscal year 2010;
(C) $266,000,000 for fiscal year 2011;
(D) $289,000,000 for fiscal year 2012; and
(E) $293,000,000 for fiscal year 2013.
(2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety consistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008.
(3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2009 through 2013 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders.
(4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security.
**(b) Grade Crossing Safety.—** Not more than $1,000,000 may be appropriated to the Secretary for improvements in grade crossing safety, e
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Federal law — U.S. Code and appendices · legal_authorities
Page 579
TITLE 49—TRANSPORTATION
§ 20142
§ 20142. Track safety
(a) REVIEW
OF
EXISTING
REGULATIONS.—Not
later than March 3, 1993, the Secretary of Trans-
portation shall begin a review of Department of
Transportation regulations related to track
safety standards. The review at least shall in-
clude an evaluation of—
(1) procedures associated with maintaining
and installing continuous welded rail and its
attendant structure, including cold weather
installation procedures;
(2) the need for revisions to regulations on
track excepted from track safety standards;
and
(3) employee safety.
(b) REVISION OF REGULATIONS.—Not later than
September 1, 1995, the Secretary shall prescribe
regulations and issue orders to revise track safe-
ty standards, considering safety information
presented during the review under subsection (a)
of this section and the report of the Comptroller
General submitted under subsection (c) of this
section.
(c) COMPTROLLER GENERAL’S STUDY
AND RE-
PORT.—The Comptroller General shall study the
effectiveness of the Secretary’s enforcement of
track safety standards, with particular atten-
tion to recent relevant railroad accident experi-
ence and information. Not later than September
3, 1993, the Comptroller General shall submit a
report to Congress and the Secretary on the re-
sults of the study, with recommendations for
improving enforcement of those standards.
(d) IDENTIFICATION
OF
INTERNAL
RAIL
DE-
FECTS.—In carrying out subsections (a) and (b),
the Secretary shall consider whether or not to
prescribe regulations and issue orders con-
cerning—
(1) inspection procedures to identify internal
rail defects, before they reach imminent fail-
ure size, in rail that has significant shelling;
and
(2) any specific actions that should be ta
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