(a)
(b) 2-
(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)
(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.
Open Table|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20141(a) | 45:431(r)(1), (2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(r); added Sept. 3, 1992, Pub. L. 102–365, §7, 106 Stat. 976. |
| 20141(b) | 45:431(r)(3). | |
| 20141(c) | 45:431(r)(4). |
Study and Testing of Electronically Controlled Pneumatic Brakes
Pub. L. 114–94, div. A, title VII, §7311, Dec. 4, 2015, 129 Stat. 1601, provided that:
"(a)
"(1)
"(2)
"(A) Data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems, such as distributed power and 2-way end-of-train devices.
"(B) Data and modeling results on business benefits, including the effects of dynamic braking.
"(C) Data on costs, including up-front capital costs and on-going maintenance costs.
"(D) Analysis of potential operational benefits and challenges, including the effects of potential locomotive and car segregation, technical reliability issues, and network disruptions.
"(E) Analysis of potential implementation challenges, including installation time, positive train control integration complexities, component availability issues, and tank car shop capabilities.
"(F) Analysis of international experiences with the use of advanced braking technologies.
"(3)
"(b)
"(1)
"(A) complete testing of ECP brake systems during emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more DOT–117 specification or DOT–117R specification tank cars; and
"(B) transmit, not later than 18 months after the date of enactment of this Act, 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 on the results of the testing.
"(2)
"(A) are not railroad carriers, entities funded by such carriers, or entities directly impacted by the final rule issued on May 8, 2015, entitled "Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains" (80 Fed. Reg. 26643); and
"(B) have relevant experience in conducting railroad safety technology tests or similar crash tests.
"(3)
"(A) the number of cars derailed;
"(B) the number of cars punctured;
"(C) the measures of in-train forces; and
"(D) the stopping distance.
"(4)
"(A) using sums made available to carry out sections 20108 and 5118 of title 49, United States Code; and
"(B) to the extent funding under subparagraph (A) is insufficient or unavailable to fund the testing required under this section, using such sums as are necessary from the amounts appropriated to the Secretary, the Federal Railroad Administration, or the Pipeline and Hazardous Materials Safety Administration, or a combination thereof.
"(5)
"(A)
"(B)
"(c)
"(1)
"(A) not later than 90 days after the report date, fully incorporate the results of the evaluation under subsection (a) and the testing under subsection (b) and update the regulatory impact analysis of the final rule described in subsection (b)(2)(A) of the costs, benefits, and effects of the applicable ECP brake system requirements;
"(B) as soon as practicable after completion of the updated analysis under subparagraph (A), solicit public comment in the Federal Register on the analysis for a period of not more than 30 days; and
"(C) not later than 60 days after the end of the public comment period under subparagraph (B), post the final updated regulatory impact analysis on the Department of Transportation's Internet Web site.
"(2)
"(A) determine, based on whether the final regulatory impact analysis described in paragraph (1)(C) demonstrates that the benefits, including safety benefits, of the applicable ECP brake system requirements exceed the costs of such requirements, whether the applicable ECP brake system requirements are justified;
"(B) if the applicable ECP brake system requirements are justified, publish in the Federal Register the determination and reasons for such determination; and
"(C) if the Secretary does not publish the determination under subparagraph (B), repeal the applicable ECP brake system requirements.
"(3)
"(d)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(6)
"(7)
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