
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: 49USC20143]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
               SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
 
Sec. 20143. Locomotive visibility

    (a) Definition.--In this section, ``locomotive visibility'' means 
the enhancement of day and night visibility of the front end unit of a 
train, considering in particular the visibility and perspective of a 
driver of a motor vehicle at a grade crossing.
    (b) Interim Regulations.--Not later than December 31, 1992, the 
Secretary of Transportation shall prescribe temporary regulations 
identifying ditch, crossing, strobe, and oscillating lights as temporary 
locomotive visibility measures and authorizing and encouraging the 
installation and use of those lights. Subchapter II of chapter 5 of 
title 5 does not apply to a temporary regulation or to an amendment to a 
temporary regulation.
    (c) Review of Regulations.--The Secretary shall review the 
Secretary's regulations on locomotive visibility. Not later than 
December 31, 1993, the Secretary shall complete the current research of 
the Department of Transportation on locomotive visibility. In conducting 
the review, the Secretary shall collect relevant information from 
operational experience by rail carriers using enhanced visibility 
measures.
    (d) Regulatory Proceeding.--Not later than June 30, 1994, the 
Secretary shall begin a regulatory proceeding to prescribe final 
regulations requiring substantially enhanced locomotive visibility 
measures. In the proceeding, the Secretary shall consider at least--
        (1) revisions to the existing locomotive headlight standards, 
    including standards for placement and intensity;
        (2) requiring the use of reflective material to enhance 
    locomotive visibility;
        (3) requiring the use of additional alerting lights, including 
    ditch, crossing, strobe, and oscillating lights;
        (4) requiring the use of auxiliary lights to enhance locomotive 
    visibility when viewed from the side;
        (5) the effect of an enhanced visibility measure on the vision, 
    health, and safety of train crew members; and
        (6) separate standards for self-propelled, push-pull, and multi-
    unit passenger operations without a dedicated head end locomotive.

    (e) Final Regulations.--(1) Not later than June 30, 1995, the 
Secretary shall prescribe final regulations requiring enhanced 
locomotive visibility measures. The Secretary shall require that not 
later than December 31, 1997, a locomotive not excluded from the 
regulations be equipped with temporary visibility measures under 
subsection (b) of this section or the visibility measures the final 
regulations require.
    (2) In prescribing regulations under paragraph (1) of this 
subsection, the Secretary may exclude a category of trains or rail 
operations from a specific visibility requirement if the Secretary 
decides the exclusion is in the public interest and is consistent with 
rail safety, including grade-crossing safety.
    (3) A locomotive equipped with temporary visibility measures 
prescribed under subsection (b) of this section when final regulations 
are prescribed under paragraph (1) of this subsection is deemed to be 
complying with the final regulations for 4 years after the final 
regulations are prescribed.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 880.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20143(a)..............................  45:431(u)(6).                    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  202(u); added Oct. 27,
                                                                          1992,
 Pub. L. 102-533, Sec.  14, 106
                                                                          Stat.
 3522.
20143(b)..............................  45:431(u)(2) (1st, 2d
                                         sentences).
20143(c)..............................  45:431(u)(1).
20143(d)..............................  45:431(u)(3).
20143(e)(1)...........................  45:431(u)(5).
20143(e)(2)...........................  45:431(u)(4).
20143(e)(3)...........................  45:431(u)(2) (last sentence).
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---------------------------------

    In this section, the word ``visibility'' is substituted for 
``conspicuity'' for clarity and consistency in this chapter.
    In subsection (a), the words ``by means of lighting, reflective 
materials, or other means'' are omitted as surplus.
    In subsection (b), the words ``those lights'' are substituted for 
``such measures'' for clarity.
    In subsection (c), the word ``Secretary's'' is substituted for 
''Department of Transportation's'' because of 49:102(b). The word 
``using'' is substituted for ``having . . . in service'' to eliminate 
unnecessary words.
    In subsection (e)(2) and (3) of this section, the reference is to 
paragraph (1) of this subsection, rather than to subsection (d) of this 
section, because the regulations are prescribed under paragraph (1).
    In subsection (e)(2), the words ``a category'' are substituted for 
``and category'' to correct an apparent mistake in the source provision. 
See S. Rept. 102-990, 102d Cong., 2d Sess., p. 18 (1992).
    In subsection (e)(3), the word ``full'' is omitted as surplus.
