49 U.S.C. § 20142 — Track safety

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 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 Fed- eral Railroad Administration shall— (A) require each track owner using contin- uous welded rail track to include procedures (in its procedures filed with the Administra- tion 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 inspec- tors to obtain copies of the most recent con- tinuous welded rail programs of each rail- road within the inspectors’ areas of responsi- bility and require that inspectors use those programs when conducting track inspec- tions; and (C) establish a program to review contin- uous welded rail joint bar inspection data from railroads and Administration track in- spectors periodically. (2) INSPECTION.—Whenever the Administra- tion determines that it is necessary or appro- priate, the Administration may require rail- roads to increase the frequency of inspection, or improve the methods of inspection, of joint bars in continuous welded rail. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 879; Pub. L. 103–440, title II, § 208, Nov. 2, 1994, 108 Stat. 4621; Pub. L. 109–59, title IX, § 9005(a), Aug. 10, 2005, 119 Stat. 1924.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20142(a) ...... 45:431(s)(1) (1st sen- tence), (2). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(s); added Sept. 3, 1992, Pub. L. 102–365, § 8, 106 Stat. 976. 20142(b) ...... 45:431(s)(1) (last sen- tence). 20142(c) ...... 45:431(s)(3). In subsection (c), the word ‘‘information’’ is sub- stituted for ‘‘data’’ for consistency in the revised title. Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. AMENDMENTS 2005—Subsec. (e). Pub. L. 109–59 added subsec. (e). 1994—Subsec. (a)(1). Pub. L. 103–440, § 208(2), inserted ‘‘, including cold weather installation procedures’’ after ‘‘attendant structure’’. Subsec. (b). Pub. L. 103–440, § 208(1), substituted ‘‘Sep- tember 1, 1995’’ for ‘‘September 3, 1994’’. Subsec. (d). Pub. L. 103–440, § 208(3), added subsec. (d). Statutory Notes and Related Subsidiaries COMMUTER RAIL TRACK INSPECTIONS Pub. L. 114–94, div. A, title XI, § 11409, Dec. 4, 2015, 129 Stat. 1684, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall evaluate track inspection regulations to deter- mine if a railroad carrier providing commuter rail pas- senger transportation on high density commuter rail- road lines should be required to inspect the lines in the same manner as is required for other commuter rail- road lines. ‘‘(b) RULEMAKING.—Considering safety, including rail- road carrier employee and contractor safety, system capacity, and other relevant factors, the Secretary may promulgate a rule for high density commuter railroad lines. If, after the evaluation under subsection (a), the Secretary determines that it is necessary to promul- gate a rule, the Secretary shall specifically consider the following regulatory requirements for high density commuter railroad lines: ‘‘(1) At least once every 2 weeks— ‘‘(A) traverse each main line by vehicle; or ‘‘(B) inspect each main line on foot. ‘‘(2) At least once each month, traverse and inspect each siding by vehicle or by foot. ‘‘(c) REPORT.—If, after the evaluation under sub- section (a), the Secretary determines it is not nec- essary to revise the regulations under this section, the Secretary, not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], shall transmit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives a report explaining the reasons for not revising the regulations. ‘‘(d) CONSTRUCTION.—Nothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law.’’ Page 580 TITLE 49—TRANSPORTATION § 20143 TRACK INSPECTION TIME STUDY Pub. L. 110–432, div. A, title IV, § 403, Oct. 16, 2008, 122 Stat. 4884, provided that: ‘‘(a) STUDY.—Not later that [sic] 2 years after the date of enactment of this Act [Oct. 16, 2008], the Sec- retary shall transmit to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study to determine whether— ‘‘(1) the required intervals of track inspections for each class of track should be amended; ‘‘(2) track remedial action requirements should be amended; ‘‘(3) different track inspection and repair priorities or methods should be required; and ‘‘(4) the speed at which railroad track inspection vehicles operate and the scope of the territory they generally cover allow for proper inspection of the track and whether such speed and appropriate scope should be regulated by the Secretary. ‘‘(b) CONSIDERATIONS.—In conducting the study the Secretary shall consider— ‘‘(1) the most current rail flaw, rail defect growth, rail fatigue, and other relevant track- or rail-related research and studies; ‘‘(2) the availability and feasibility of developing and implementing new or novel rail inspection tech- nology for routine track inspections; ‘‘(3) information from National Transportation Safety Board or Federal Railroad Administration ac- cident investigations where track defects were the cause or a contributing cause; and ‘‘(4) other relevant information, as determined by the Secretary. ‘‘(c) UPDATE OF REGULATIONS.—Not later than 2 years after the completion of the study required by sub- section (a), the Secretary shall prescribe regulations based on the results of the study conducted under sub- section (a). ‘‘(d) CONCRETE CROSS TIES.—Not later than 18 months after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall promulgate regulations for con- crete cross ties. In developing the regulations for class 1 through 5 track, the Secretary may address, as appro- priate— ‘‘(1) limits for rail seat abrasion; ‘‘(2) concrete cross tie pad wear limits; ‘‘(3) missing or broken rail fasteners; ‘‘(4) loss of appropriate toeload pressure; ‘‘(5) improper fastener configurations; and ‘‘(6) excessive lateral rail movement.’’ [For definitions of ‘‘Secretary’’ and ‘‘railroad’’, as used in section 403 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.] § 20143. Locomotive visibility (a) DEFINITION.—In this section, ‘‘locomotive visibility’’ means the enhancement of day and night visibility of the front end unit of a train, considering in particular the visibility and per- spective of a driver of a motor vehicle at a grade crossing. (b) INTERIM REGULATIONS.—Not later than De- cember 31, 1992, the Secretary of Transportation shall prescribe temporary regulations identi- fying ditch, crossing, strobe, and oscillating lights as temporary locomotive visibility meas- ures and authorizing and encouraging the instal- lation and use of those lights. Subchapter II of chapter 5 of title 5 does not apply to a tem- porary regulation or to an amendment to a tem- porary regulation. (c) REVIEW OF REGULATIONS.—The Secretary shall review the Secretary’s regulations on loco- motive visibility. Not later than December 31, 1993, the Secretary shall complete the current research of the Department of Transportation on locomotive visibility. In conducting the re- view, the Secretary shall collect relevant infor- mation from operational experience by rail car- riers using enhanced visibility measures. (d) REGULATORY PROCEEDING.—Not later than June 30, 1994, the Secretary shall begin a regu- latory proceeding to prescribe final regulations requiring substantially enhanced locomotive visibility measures. In the proceeding, the Sec- retary shall consider at least— (1) revisions to the existing locomotive head- light standards, including standards for place- ment and intensity; (2) requiring the use of reflective material to enhance locomotive visibility; (3) requiring the use of additional alerting lights, including ditch, crossing, strobe, and oscillating lights; (4) requiring the use of auxiliary lights to enhance locomotive visibility when viewed from the side; (5) the effect of an enhanced visibility meas- ure on the vision, health, and safety of train crew members; and (6) separate standards for self-propelled, push-pull, and multi-unit passenger operations without a dedicated head end locomotive. (e) FINAL REGULATIONS.—(1) Not later than June 30, 1995, the Secretary shall prescribe final regulations requiring enhanced locomotive visi- bility measures. The Secretary shall require that not later than December 31, 1997, a loco- motive not excluded from the regulations be equipped with temporary visibility measures under subsection (b) of this section or the visi- bility measures the final regulations require. (2) In prescribing regulations under paragraph (1) of this subsection, the Secretary may exclude a category of trains or rail operations from a specific visibility requirement if the Secretary decides the exclusion is in the public interest and is consistent with rail safety, including grade-crossing safety. (3) A locomotive equipped with temporary vis- ibility measures prescribed under subsection (b) of this section when final regulations are pre- scribed under paragraph (1) of this subsection is deemed to be complying with the final regula- tions for 4 years after the final regulations are prescribed. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 880.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20143(a) ...... 45:431(u)(6). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(u); added Oct. 27, 1992, Pub. L. 102–533, § 14, 106 Stat. 3522. 20143(b) ...... 45:431(u)(2) (1st, 2d sentences). 20143(c) ...... 45:431(u)(1). 20143(d) ...... 45:431(u)(3). 20143(e)(1) .. 45:431(u)(5). 20143(e)(2) .. 45:431(u)(4). 20143(e)(3) .. 45:431(u)(2) (last sentence). In this section, the word ‘‘visibility’’ is substituted for ‘‘conspicuity’’ for clarity and consistency in this chapter.