§ 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.)

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).