
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20103]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20103. General authority

    (a) Regulations and Orders.--The Secretary of Transportation, as 
necessary, shall prescribe regulations and issue orders for every area 
of railroad safety supplementing laws and regulations in effect on 
October 16, 1970.
    (b) Regulations of Practice for Proceedings.--The Secretary shall 
prescribe regulations of practice applicable to each proceeding under 
this chapter. The regulations shall reflect the varying nature of the 
proceedings and include time limits for disposition of the proceedings. 
The time limit for disposition of a proceeding may not be more than 12 
months after the date it begins.
    (c) Consideration of Information and Standards.--In prescribing 
regulations and issuing orders under this section, the Secretary shall 
consider existing relevant safety information and standards.
    (d) Waivers.--The Secretary may waive compliance with any part of a 
regulation prescribed or order issued under this chapter if the waiver 
is in the public interest and consistent with railroad safety. The 
Secretary shall make public the reasons for granting the waiver.
    (e) Hearings.--The Secretary shall conduct a hearing as provided by 
section 553 of title 5 when prescribing a regulation or issuing an order 
under this chapter, including a regulation or order establishing, 
amending, or waiving compliance with a railroad safety regulation 
prescribed or order issued under this chapter. An opportunity for an 
oral presentation shall be provided.
    (f) Tourist Railroad Carriers.--In prescribing regulations that 
pertain to railroad safety that affect tourist, historic, scenic, or 
excursion railroad carriers, the Secretary of Transportation shall take 
into consideration any financial, operational, or other factors that may 
be unique to such railroad carriers. The Secretary shall submit a report 
to Congress not later than September 30, 1995, on actions taken under 
this subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863; Pub. L. 103-
440, title II, Sec. 217, Nov. 2, 1994, 108 Stat. 4624.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20103(a)..............................  45:431(a) (1st sentence cl.      Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         (1)).                            202(a
) (1st sentence cl. (1)), (b),
                                                                          (c), 
84 Stat. 971.
20103(b)..............................  45:431(d) (21st-last words).     Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                                                          202(d
), 84 Stat. 971; restated July 8,
                                                                          1976,
 Pub. L. 94-348, Sec.  5(a), 90
                                                                          Stat.
 819.
20103(c)..............................  45:431(d) (1st-20th words).
20103(d)..............................  45:431(c).
20103(e)..............................  45:431(b).
-------------------------------------------------------------------------------
---------------------------------

    In this part, the word ``rule'' is omitted as being synonymous with 
``regulation''. The word ``standard'' is omitted as being included in 
``regulation''.
    In subsection (a), the words ``(hereafter in this subchapter 
referred to as the `Secretary')'' in 45:431(a) (1st sentence cl. (1)) 
are omitted as surplus because the complete name of the Secretary of 
Transportation is used the first time the term appears in a section.
    In subsection (b), the words ``within 180 days after July 8, 1976'' 
are omitted as expired. The word ``prescribe'' is substituted for ``take 
such action as may be necessary to develop and publish'' for consistency 
in the revised title and with other titles of the United States Code and 
to eliminate unnecessary words.
    In subsection (d), the words ``after hearing in accordance with 
subsection (b) of this section'' are omitted as surplus because of the 
language restated in subsection (e) of this section.


                               Amendments

    1994--Subsec. (f). Pub. L. 103-440 added subsec. (f).


                               Regulations

    Section 4(t) of Pub. L. 103-272 provided that:
    ``(1) Not later than March 3, 1995, the Secretary of Transportation 
shall complete a regulatory proceeding to consider prescribing 
regulations to improve the safety and working conditions of locomotive 
cabs. The proceeding shall assess--
        ``(A) the adequacy of Locomotive Crashworthiness Requirements 
    Standard S-580, or any successor standard, adopted by the 
    Association of American Railroads in 1989 in improving the safety of 
    locomotive cabs; and
        ``(B) the extent to which environmental, sanitary, and other 
    working conditions in locomotive cabs affect productivity, health, 
    and the safe operation of locomotives.
    ``(2) Supporting Research and Analysis.--In support of the 
proceeding required under paragraph (1) of this subsection, the 
Secretary shall conduct research and analysis, including computer 
modeling and full-scale crash testing, as appropriate, to consider--
        ``(A) the costs and benefits associated with equipping 
    locomotives with--
            ``(i) braced collision posts;
            ``(ii) rollover protection devices;
            ``(iii) deflection plates;
            ``(iv) shatterproof windows;
            ``(v) readily accessible crash refuges;
            ``(vi) uniform sill heights;
            ``(vii) anticlimbers, or other equipment designed to prevent 
        overrides resulting from head-on locomotive collisions;
            ``(viii) equipment to deter post-collision entry of 
        flammable liquids into locomotive cabs;
            ``(ix) any other devices intended to provide crash 
        protection for occupants of locomotive cabs; and
            ``(x) functioning and regularly maintained sanitary 
        facilities; and
        ``(B) the effects on train crews of the presence of asbestos in 
    locomotive components.
    ``(3) Report.--If, on the basis of the proceeding required under 
paragraph (1) of this subsection, the Secretary decides not to prescribe 
regulations, the Secretary shall report to Congress on the reasons for 
that decision.''

                  Section Referred to in Other Sections

    This section is referred to in sections 20104, 20135 of this title; 
title 45 section 1207.
