Public Law 110-432 (Sec. 413)

122 STAT. 4848 PUBLIC LAW 110–432—OCT. 16, 2008

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

DIVISION A—RAIL SAFETY

SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE

49.

(a) SHORT TITLE.—This division may be cited as the ‘‘Rail

Safety Improvement Act of 2008’’.

(b) TABLE OF CONTENTS.—The table

SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended

by section 409 of this division, is further amended by adding at

the end the following new section:

‘‘§ 20166. Emergency escape breathing apparatus

‘‘Not later than 18 months after the date of enactment of

the Rail Safety Improvement Act of 2008, the Secretary of Transportation

shall prescribe regulations that require railroad carriers—

‘‘(1) to provide emergency escape breathing apparatus suitable

to provide head and neck coverage with respiratory protection

for all crewmembers in locomotive cabs on freight trains

carrying hazardous materials that would pose an inhalation

hazard in the event of release;

‘‘(2) to provide convenient storage in each freight train

locomotive to enable crewmembers to access such apparatus

quickly;

‘‘(3) to maintain such equipment in proper working condition;

and

‘‘(4) to provide their crewmembers with appropriate

training for using the breathing apparatus.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201, as amended by section 409 of this division, is amended

by inserting after the item relating to section 20165 the following:

‘‘20166. Emergency escape breathing apparatus.’’.