
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: 49USC20141]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
 
Sec. 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, Sec. 1(e), July 5, 1994, 108 Stat. 878.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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20141(a)..............................  45:431(r)(1), (2).               Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  202(r); added Sept. 3,
                                                                          1992,
 Pub. L. 102-365, Sec.  7, 106
                                                                          Stat.
 976.
20141(b)..............................  45:431(r)(3).
20141(c)..............................  45:431(r)(4).
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