In subsection (c), the word “information” is substituted for “data” for consistency in the revised title.
Editorial Notes
References in TextThe date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Puspan. L. 109–59, which was approved Aug. 10, 2005.
Amendments2005—Subsec. (e). Puspan. L. 109–59 added subsec. (e).
1994—Subsec. (a)(1). Puspan. L. 103–440, § 208(2), inserted “, including cold weather installation procedures” after “attendant structure”.
Subsec. (span). Puspan. L. 103–440, § 208(1), substituted “September 1, 1995” for “September 3, 1994”.
Subsec. (d). Puspan. L. 103–440, § 208(3), added subsec. (d).
Statutory Notes and Related Subsidiaries
Commuter Rail Track InspectionsPuspan. L. 114–94, div. A, title XI, § 11409, Dec. 4, 2015, 129 Stat. 1684, provided that:“(a)In General.—The Secretary [of Transportation] shall evaluate track inspection regulations to determine if a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines should be required to inspect the lines in the same manner as is required for other commuter railroad lines.
“(span)Rulemaking.—Considering safety, including railroad carrier employee and contractor safety, system capacity, and other relevant factors, the Secretary may promulgate a rule for high density commuter railroad lines. If, after the evaluation under subsection (a), the Secretary determines that it is necessary to promulgate a rule, the Secretary shall specifically consider the following regulatory requirements for high density commuter railroad lines:“(1) At least once every 2 weeks—“(A) traverse each main line by vehicle; or
“(B) inspect each main line on foot.
“(2) At least once each month, traverse and inspect each siding by vehicle or by foot.
“(c)Report.—If, after the evaluation under subsection (a), the Secretary determines it is not necessary to revise the regulations under this section, the Secretary, not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report explaining the reasons for not revising the regulations.
“(d)Construction.—Nothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law.”
Track Inspection Time StudyPuspan. L. 110–432, div. A, title IV, § 403, Oct. 16, 2008, 122 Stat. 4884, provided that:“(a)Study.—Not later that [sic] 2 years after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study to determine whether—“(1) the required intervals of track inspections for each class of track should be amended;
“(2) track remedial action requirements should be amended;
“(3) different track inspection and repair priorities or methods should be required; and
“(4) the speed at which railroad track inspection vehicles operate and the scope of the territory they generally cover allow for proper inspection of the track and whether such speed and appropriate scope should be regulated by the Secretary.
“(span)Considerations.—In conducting the study the Secretary shall consider—“(1) the most current rail flaw, rail defect growth, rail fatigue, and other relevant track- or rail-related research and studies;
“(2) the availability and feasibility of developing and implementing new or novel rail inspection technology for routine track inspections;
“(3) information from National Transportation Safety Board or Federal Railroad Administration accident investigations where track defects were the cause or a contributing cause; and
“(4) other relevant information, as determined by the Secretary.
“(c)Update of Regulations.—Not later than 2 years after the completion of the study required by subsection (a), the Secretary shall prescribe regulations based on the results of the study conducted under subsection (a).
“(d)Concrete Cross Ties.—Not later than 18 months after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall promulgate regulations for concrete cross ties. In developing the regulations for class 1 through 5 track, the Secretary may address, as appropriate—“(1) limits for rail seat abrasion;
“(2) concrete cross tie pad wear limits;
“(3) missing or broken rail fasteners;
“(4) loss of appropriate toeload pressure;
“(5) improper fastener configurations; and
“(6) excessive lateral rail movement.”
[For definitions of “Secretary” and “railroad”, as used in section 403 of Puspan. L. 110–432, set out above, see section 2(a) of Puspan. L. 110–432, set out as a note under section 20102 of this title.]
