H.R. 4545 (103rd): Federal Railroad Safety Authorization Act of 1994

103rd Congress, 1993–1994. Text as of Oct 06, 1994 (Committee Discharged).

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HR 4545 CDS

103d CONGRESS

2d Session

H. R. 4545

IN THE SENATE OF THE UNITED STATES

August 9 (legislative day, AUGUST 8), 1994

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

October 6 (legislative day, SEPTEMBER 12), 1994

Committee discharged


AN ACT

To amend the rail safety provisions of title 49, United States Code, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Federal Railroad Safety Authorization Act of 1994’.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a)(1) of title 49, United States Code, is amended by adding after subparagraph (B) the following new subparagraphs:

      ‘(C) $68,289,000 for fiscal year 1995.

      ‘(D) $75,112,000 for fiscal year 1996.

      ‘(E) $82,563,000 for fiscal year 1997.

      ‘(F) $90,739,000 for fiscal year 1998.’.

SEC. 3. HOURS OF SERVICE PILOT PROJECTS.

    (a) AMENDMENT- Chapter 211 of title 49, United States Code, is amended by adding at the end the following new section:

‘SEC. 21108. PILOT PROJECTS.

    ‘(a) WAIVER- A railroad or railroads and all labor organizations representing any class or craft of directly affected covered service employees of the railroad or railroads, may jointly petition the Secretary of Transportation for approval of a waiver, in whole or in part, of compliance with this chapter, to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter to such class or craft of employees, including requirements concerning maximum on-duty and minimum off-duty periods. Based on such a joint petition, the Secretary may, after notice and opportunity for comment, waive in whole or in part compliance with this chapter for a period of no more than two years, if the Secretary determines that such waiver of compliance is in the public interest and is consistent with railroad safety. Any such waiver may, based on a new petition, be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register.

    ‘(b) REPORT- The Secretary of Transportation shall submit to Congress, no later than January 1, 1997, a report that--

      ‘(1) explains and analyzes the effectiveness of all pilot projects established pursuant to a waiver granted under subsection (a);

      ‘(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and

      ‘(3) recommends appropriate legislative changes to this chapter.

    ‘(c) DEFINITION- For purposes of this section, the term ‘directly affected covered service employees’ means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.’.

    (b) TABLE OF SECTIONS AMENDMENT- The table of sections for chapter 211 of title 49, United States Code, is amended by adding at the end the following new item:

      ‘21108. Pilot projects.’.

SEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS.

    Section 21303(a)(1) of title 49, United States Code, is amended by inserting ‘or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title,’ after ‘chapter 211 of this title’.

SEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD SAFETY.

    Section 20111(c) of title 49, United States Code, is amended by inserting ‘this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e) (1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or’ after ‘individual’s violation of’.

SEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.

    (a) Section 20116 of title 49, United States Code, is amended--

      (1) by striking in its heading ‘Annual’ and inserting in lieu thereof ‘Biennial’;

      (2) by striking ‘not later than July 1 of each year a report on carrying out this chapter for the prior calendar year. The report shall include the following information about the prior year’ and inserting in lieu thereof ‘every two years, on or before July 1 of the year due, a comprehensive report on the administration of this chapter for the preceding two calendar years. The report shall include the following information about such calendar years’; and

      (3) in paragraph (1), by inserting ‘, by calendar year’ after ‘casualties by cause’.

    (b) The item relating to section 20116 in the table of sections for chapter 201 of title 49, United States Code, is amended to read as follows:

      ‘20116. Biennial report.’.

SEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.

    Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.

SEC. 8. TRACK SAFETY.

    Section 20142 of title 49, United States Code, is amended--

      (1) in subsection (b), by striking ‘September 3, 1994’ and inserting in lieu thereof ‘September 1, 1995’;

      (2) in subsection (a)(1), by inserting ‘, including cold weather installation procedures’ after ‘attendant structure’; and

      (3) by adding at the end the following new subsection:

    ‘(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.’.

SEC. 9. RESIDENCE OF EMPLOYEES.

    The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before and after the date of their enactment.

Passed the House of Representatives August 8, 1994.

Attest:

DONNALD K. ANDERSON,

Clerk.