49 U.S.C. 20162 (Rail Safety Improvement Act of 2008)

Page 431

§ 20163

TITLE 49—TRANSPORTATION

(b) POLICY.—It is the policy of the United
States to encourage the development of new
technology that can prevent loss of life and injuries at highway-rail grade crossings. The Secretary of Transportation is designated to carry
out this policy in consultation with States and
necessary public and private entities.
(c) SUBMISSION OF NEW TECHNOLOGY PROPOSALS.—Railroad carriers and railroad suppliers
may submit for review and approval to the Secretary such new technology designed to improve
safety at highway-rail grade crossings. The Secretary shall approve by order the new technology designed to improve safety at highwayrail grade crossings in accordance with Federal
Railroad Administration standards for the development and use of processor-based signal and
train control systems and shall consider the effects on safety of highway-user interface with
the new technology.
(d) EFFECT OF SECRETARIAL APPROVAL.—If the
Secretary approves by order new technology to
provide warning to highway users at a highwayrail grade crossing and such technology is installed at a highway-rail grade crossing in accordance with the conditions of the approval,
this determination preempts any State statute
or regulation concerning the adequacy of the
technology in providing warning at the crossing.
(Added Pub. L. 110–432, div. A, title II, § 210(a),
Oct. 16, 2008, 122 Stat. 4876.)
REFERENCES IN TEXT
The Highway Safety Act of 1973, referred to in subsec.
(a)(4), is title II of Pub. L. 93–87, Aug. 13, 1973, 87 Stat.
282. For complete classification of this Act to the Code,
see Short Title of 1973 Amendment note set out under
section 401 of Title 23, Highways, and Tables.

§ 20162. Minimum training standards and plans
(a) IN GENERAL.—The Secretary of Transportation shall, not later than 1 year after the date
of enactment of the Rail Safety Improvement
Act of 2008, establish—
(1) minimum training standards for each
class and craft of safety-related railroad employee (as defined in section 20102) and equivalent railroad carrier contractor and subcontractor employees, which shall require
railroad carriers, contractors, and subcontractors to qualify or otherwise document the proficiency of such employees in each such class
and craft regarding their knowledge of, and
ability to comply with, Federal railroad safety
laws and regulations and railroad carrier rules
and procedures promulgated to implement
those Federal railroad safety laws and regulations;
(2) a requirement that railroad carriers, contractors, and subcontractors develop and submit training and qualification plans to the
Secretary for approval, including training programs and information deemed necessary by
the Secretary to ensure that all safety-related
railroad employees receive appropriate training in a timely manner; and
(3) a minimum training curriculum, and ongoing training criteria, testing, and skills
evaluation measures to ensure that safety-related railroad employees, and contractor and
subcontractor employees, charged with the in-

spection of track or railroad equipment are
qualified to assess railroad compliance with
Federal standards to identify defective conditions and initiate immediate remedial action
to correct critical safety defects that are
known to contribute to derailments, accidents, incidents, or injuries, and, in implementing the requirements of this paragraph,
take into consideration existing training programs of railroad carriers.
(b) APPROVAL.—The Secretary shall review and
approve the plans required under subsection
(a)(2) utilizing an approval process required for
programs to certify the qualification of locomotive engineers pursuant to part 240 of title 49,
Code of Federal Regulations.
(c) EXEMPTION.—The Secretary may exempt
railroad carriers and railroad carrier contractors and subcontractors from submitting training plans for which the Secretary has issued
training regulations before the date of enactment of the Rail Safety Improvement Act of
2008.
(Added Pub. L. 110–432, div. A, title IV, § 401(a),
Oct. 16, 2008, 122 Stat. 4883.)
REFERENCES IN TEXT
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) and (c), is
the date of enactment of div. A of Pub. L. 110–432, which
was approved Oct. 16, 2008.
REPORT AND REGULATIONS ON CERTIFICATION OF
CERTAIN CRAFTS OR CLASSES OF EMPLOYEES
Pub. L. 110–432, div. A, title IV, § 402(b)–(d), Oct. 16,
2008, 122 Stat. 4884, provided that:
‘‘(b) REPORT.—Not later than 6 months after promulgating regulations under section 20162 of title 49,
United States Code, the Secretary shall issue a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation and Infrastructure about
whether the certification of certain crafts or classes of
railroad carrier or railroad carrier contractor or subcontractor employees is necessary to reduce the number and rate of accidents and incidents or to improve
railroad safety.
‘‘(c) CRAFTS AND CLASSES TO BE CONSIDERED.—As part
of the report, the Secretary shall consider—
‘‘(1) car repair and maintenance employees;
‘‘(2) onboard service workers;
‘‘(3) rail welders;
‘‘(4) dispatchers;
‘‘(5) signal repair and maintenance employees; and
‘‘(6) any other craft or class of employees that the
Secretary determines appropriate.
‘‘(d) REGULATIONS.—The Secretary may prescribe regulations requiring the certification of certain crafts or
classes of employees that the Secretary determines
pursuant to the report required by paragraph (1) are
necessary to reduce the number and rate of accidents
and incidents or to improve railroad safety.’’
[For definitions of ‘‘Secretary’’, ‘‘railroad carrier’’,
and ‘‘railroad’’, as used in section 402(b)–(d) of Pub. L.
110–432, set out above, see section 2(a) of Pub. L. 110–432,
set out as a note under section 20102 of this title.]

§ 20163. Certification of train conductors
(a) REGULATIONS.—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 to establish a program requiring the certification of
train conductors. In prescribing such regula-