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49 U.S.C. § 20142 — Track safety

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 424 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation had to review and revise track safety standards. The Comptroller General had to study enforcement of those standards and report to Congress. The Secretary also had to consider rules on finding internal rail defects and improving joint bar inspections.

(a) Review of Existing Regulations. By March 3, 1993, the Secretary of Transportation had to begin reviewing Department of Transportation track safety regulations. The review had to evaluate at least (1) procedures for maintaining and installing continuous welded rail and its supporting structure, including cold-weather installation; (2) whether to revise regulations on track excepted from track safety standards; and (3) employee safety.

(b) Revision of Regulations. By September 1, 1995, the Secretary had to issue rules and orders revising track safety standards, considering the safety information from the review in (a) and the Comptroller General's report under (c).

(c) Comptroller General's Study and Report. The Comptroller General had to study how well the Secretary enforces track safety standards, paying close attention to recent relevant railroad accident information. By September 3, 1993, the Comptroller General had to report the study's results to Congress and the Secretary, with recommendations for improving enforcement.

(d) Identification of Internal Rail Defects. While carrying out (a) and (b), the Secretary had to consider whether to issue rules on (1) inspection procedures to find internal rail defects — before they grow to failure size — in rail with significant shelling; and (2) what specific steps to take when a rail surface condition, like shelling, blocks the detection of internal defects.

(e) Track Standards. (1) Within 90 days after this subsection was enacted, the Federal Railroad Administration had to (A) require each track owner using continuous welded rail to add procedures, in its filings under section 213.119 of title 49 of the Code of Federal Regulations, to better identify cracks in rail joint bars; (B) instruct Administration track inspectors to get copies of each railroad's latest continuous welded rail programs in their area and use those programs during inspections; and (C) set up a program to periodically review continuous welded rail joint bar inspection data from railroads and Administration inspectors. (2) Whenever the Administration decides it is necessary or appropriate, it may require railroads to inspect joint bars in continuous welded rail more often or with better methods.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 879
  • 1994Amended · Pub. L. 103-440 · 108 Stat. 4621
  • 2005Amended · Pub. L. 109-59 · 119 Stat. 1924

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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