49 U.s.c. 20142

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49 U.S.C.A. § 20142

Effective: August 10, 2005
United States Code Annotated Currentness
Title 49. Transportation (Refs & Annos)
Subtitle V. Rail Programs
Part A. Safety
Chapter 201. General (Refs & Annos)
Subchapter II. Particular Aspects of Safety
§ 20142. Track safety
(a) Review of existing regulations.--Not later than March 3, 1993, the Secretary of Transportation shall begin a review of
Department of Transportation regulations related to track safety standards. The review at least shall include an evaluation of-(1) procedures associated with maintaining and installing continuous welded rail and its attendant structure, including cold
weather installation procedures;
(2) the need for revisions to regulations on track excepted from track safety standards; and
(3) employee safety.
(b) Revision of regulations.--Not later than September 1, 1995, the Secretary shall prescribe regulations and issue orders to
revise track safety standards, considering safety information presented during the review under subsection (a) of this section
and the report of the Comptroller General submitted under subsection (c) of this section.
(c) Comptroller General's study and report.--The Comptroller General shall study the effectiveness of the Secretary's
enforcement of track safety standards, with particular attention to recent relevant railroad accident experience and
information. Not later than September 3, 1993, the Comptroller General shall submit a report to Congress and the Secretary
on the results of the study, with recommendations for improving enforcement of those standards.
(d) Identification of internal rail defects.--In carrying out subsections (a) and (b), the Secretary shall consider whether or
not to prescribe regulations and issue orders concerning-(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant
shelling; and
(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of
internal defects.
(e) Track standards.-(1) In general.--Within 90 days after the date of enactment of this subsection, the Federal Railroad Administration shall-(A) require each track owner using continuous welded rail track to include procedures (in its procedures filed with the
Administration pursuant to section 213.119 of title 49, Code of Federal Regulations) to improve the identification of
cracks in rail joint bars;

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49 U.S.C.A. § 20142

(B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each
railroad within the inspectors' areas of responsibility and require that inspectors use those programs when conducting
track inspections; and
(C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration
track inspectors periodically.
(2) Inspection.--Whenever the Administration determines that it is necessary or appropriate, the Administration may
require railroads to increase the frequency of inspection, or improve the methods of inspection, of joint bars in continuous
welded rail.
CREDIT(S)
(Added Pub.L. 103-272, § 1(e), July 5, 1994, 108 Stat. 879, and amended Pub.L. 103-440, Title II, § 208, Nov. 2, 1994, 108
Stat. 4621; Pub.L. 109-59, Title IX, § 9005(a), Aug. 10, 2005, 119 Stat. 1924.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1994 Acts.
------------------------------------------------------------------------------Revised Section
Source (U.S. Code)
Source (Statutes
at Large)
------------------------------------------------------------------------------20142(a) ...................... 45:431(s)(1)(1st
Oct. 16, 1970,
sentence), (2).
Pub.L. 91-458,
84 Stat. 971, §
202(s); added
Sept. 3, 1992,
Pub.L. 102-365,
§ 8, 106 Stat.
976.
20142(b) ...................... 45:431(s)(1)(last
sentence).
20142(c) ...................... 45:431(s)(3).
------------------------------------------------------------------------------In subsection (c), the word "information" is substituted for "data" for consistency in the revised title. House Report No.
103-180.
House Report No. 103-692, see 1994 U.S. Code Cong. and Adm. News, p. 3670.
2005 Acts. House Conference Report No. 109-203, see 2005 U.S. Code Cong. and Adm. News, p. 452.
Statement by President, see 2005 U.S. Code Cong. and Adm. News, p. S24.

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49 U.S.C.A. § 20142

References in Text
The date of enactment of this subsection, referred to in subsec. (e)(1), is Aug. 10, 2005, the date of enactment of Pub.L.
109-59, Aug. 10, 2005, 119 Stat. 1144, also known as the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, or SAFETEA-LU, which enacted this subsection. For complete classification, see Short Title note set out
under 23 U.S.C.A. § 101 and Tables.
Amendments
2005 Amendments. Subsec. (e). Pub.L. 109-59, § 9005(a), added subsec. (e).
1994 Amendments. Subsec. (a)(1). Pub.L. 103-440, § 208(2), inserted ", including cold weather installation procedures" after
"attendant structure".
Subsec. (b). Pub.L. 103-440, § 208(1), substituted "September 1, 1995" for "September 3, 1994".
Subsec. (d). Pub.L. 103-440, § 208(3), added subsec. (d).
CODE OF FEDERAL REGULATIONS
Railroad operating practices, see 49 CFR § 218.1 et seq.
Railroad safety enforcement procedures, see 49 CFR § 209.1 et seq.
LIBRARY REFERENCES
American Digest System
Maintenance, repair, and operation; roadbed, track, bridges, and tunnels, see Railroads
49 U.S.C.A. § 20142, 49 USCA § 20142
Current through P.L. 109-90 approved 10-18-05
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END OF DOCUMENT

© 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.

87 et seq., 237.