
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: 49USC20133]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
 
Sec. 20133. Passenger cars

    (a) Minimum Standards.--The Secretary of Transportation shall 
prescribe regulations establishing minimum standards for the safety of 
cars used by railroad carriers to transport passengers. Before 
prescribing such regulations, the Secretary shall consider--
        (1) the crashworthiness of the cars;
        (2) interior features (including luggage restraints, 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 subsection to cars existing at the time the 
regulations 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 
November 2, 1994. The initial regulations may exempt equipment used by 
tourist, historic, scenic, and excursion railroad carriers to transport 
passengers.
    (2) The Secretary shall prescribe final regulations under subsection 
(a) within 5 years after November 2, 1994.
    (c) Personnel.--The Secretary may establish within the Department of 
Transportation 2 additional full-time equivalent positions beyond the 
number permitted under existing law to assist with the drafting, 
prescribing, and implementation 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 transporting passengers, organizations of passengers, 
and organizations of employees. A consultation is not subject to the 
Federal Advisory Committee Act (5 U.S.C. App.), but minutes of the 
consultation shall be placed in the public docket of the regulatory 
proceeding.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L. 103-
440, title II, Sec. 215(a), Nov. 2, 1994, 108 Stat. 4623; Pub. L. 104-
287, Sec. 5(47), Oct. 11, 1996, 110 Stat. 3393.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20133(a)..............................  45:431(h)(1)(A) (1st, last       Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                         sentences), (B), (4).            971, 
Sec.  202(h); added Oct. 10,
                                                                          1980,
 Pub. L. 96-423, Sec.  14, 94
                                                                          Stat.
 1817; Jan. 14, 1983, Pub. L. 97-
                                                                          468, 
Sec.  702(a), 96 Stat. 2579.
20133(b)..............................  45:431(h)(1)(A) (2d, 3d
                                         sentences), (2).
20133(c)..............................  45:431(h)(3).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``within one year after January 14, 
1983'' and ``initial'' are omitted as obsolete. The text of 
45:431(h)(1)(B) is omitted as executed. The words ``after a hearing in 
accordance with subsection (b) of this section'' are omitted as surplus 
because of section 20103(e) of the revised title.
    In subsections (b) and (c), the word ``subsequent'' is omitted as 
surplus.
    In subsection (c), the word ``Amtrak'' is substituted for ``National 
Railroad Passenger Corporation'' for consistency in this subtitle. The 
word ``regulatory'' is substituted for ``rulemaking'' for consistency in 
the revised title.

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (d), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-287, Sec. 5(47)(A), substituted 
``November 2, 1994'' for ``the date of enactment of the Federal Railroad 
Safety Authorization Act of 1994''.
    Subsec. (b)(2). Pub. L. 104-287, Sec. 5(47)(B), substituted 
``November 2, 1994'' for ``such date of enactment''.
    1994--Pub. L. 103-440 amended section generally, substituting 
present provisions for provisions requiring the Secretary to take 
administrative action to ensure that the construction, operation, and 
maintenance of passenger rail equipment maximize the safety of 
passengers, and providing for areas of consideration and concentration, 
as well as consultation with Amtrak.
