49 U.S.C. § 20132 — Visible markers for rear cars

Page 571 TITLE 49—TRANSPORTATION § 20133 and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and mainte- nance of automated track inspection cars and equipment in connection with the automated track inspection program. (Added Pub. L. 114–94, div. A, title XI, § 11413(a), Dec. 4, 2015, 129 Stat. 1688.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY § 20131. Restricted access to rolling equipment The Secretary of Transportation shall pre- scribe 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 equip- ment have to work on, under, or between that equipment, every manually operated switch, in- cluding each crossover switch, providing access to the track on which the equipment is located is lined against movement to that track and se- cured 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20131 .......... 45:431(g) (1st sen- tence 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. § 20132. Visible markers for rear cars (a) GENERAL.—The Secretary of Transpor- tation shall prescribe regulations and issue or- ders that may be necessary to require that— (1) the rear car of each passenger and com- muter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visi- bility; and (2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visi- bility. (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20132(a) ...... 45:431(g) (1st sen- tence 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 sen- tence). In subsection (a), before clause (1), the words ‘‘within 180 days after July 8, 1976’’ are omitted as expired. § 20133. Passenger cars (a) MINIMUM STANDARDS.—The Secretary of Transportation shall prescribe regulations es- tablishing minimum standards for the safety of cars used by railroad carriers to transport pas- sengers. Before prescribing such regulations, the Secretary shall consider— (1) the crashworthiness of the cars; (2) interior features (including luggage re- straints, seat belts, and exposed surfaces) that may affect passenger safety; (3) maintenance and inspection of the cars; (4) emergency response procedures and equipment; and (5) any operating rules and conditions that directly affect safety not otherwise governed by regulations. The Secretary may make applicable some or all of the standards established under this sub- section to cars existing at the time the regula- tions are prescribed, as well as to new cars, and the Secretary shall explain in the rulemaking document the basis for making such standards applicable to existing cars. (b) INITIAL AND FINAL REGULATIONS.—(1) The Secretary shall prescribe initial regulations under subsection (a) within 3 years after Novem- ber 2, 1994. The initial regulations may exempt equipment used by tourist, historic, scenic, and excursion railroad carriers to transport pas- sengers. (2) The Secretary shall prescribe final regula- tions under subsection (a) within 5 years after November 2, 1994. (c) PERSONNEL.—The Secretary may establish within the Department of Transportation 2 addi- tional full-time equivalent positions beyond the number permitted under existing law to assist with the drafting, prescribing, and implementa- tion of regulations under this section. (d) CONSULTATION.—In prescribing regulations, issuing orders, and making amendments under this section, the Secretary may consult with Amtrak, public authorities operating railroad passenger service, other railroad carriers trans- porting passengers, organizations of passengers, and organizations of employees. A consultation is not subject to chapter 10 of title 5, but min- utes of the consultation shall be placed in the public docket of the regulatory proceeding. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 873; Pub. L. 103–440, title II, § 215(a), Nov. 2, 1994, 108 Stat. 4623; Pub. L. 104–287, § 5(47), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 117–286, § 4(a)(306), Dec. 27, 2022, 136 Stat. 4339.)