P.L. 110-432 (Sec. 403(d))

PUBLIC LAW 110–432—OCT. 16, 2008

FEDERAL RAIL SAFETY IMPROVEMENTS

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,

SEC. 403. TRACK INSPECTION TIME STUDY.

(a) STUDY.—Not later that 2 years after the date of enactment

of this Act, 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.

(b) 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, 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.

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