§20133 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must set minimum safety rules for railroad cars that carry passengers. Before making the rules, the Secretary must consider five things: how cars hold up in crashes; interior features like luggage restraints, seat belts, and exposed surfaces; maintenance and inspections; emergency response procedures and equipment; and any operating rules that affect safety. Initial rules were due within 3 years after November 2, 1994 (and may exempt tourist, historic, scenic, and excursion equipment); final rules were due within 5 years after that date. The Secretary may add 2 full‑time equivalent DOT staff to help. The Secretary may consult Amtrak, public passenger rail authorities, other carriers, passenger groups, and employee groups, and must put the consultation minutes into the public rulemaking docket.

Title 49, §20133

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall prescribe regulations establishing minimum standards for the safety of cars used by railroad carriers to transport passengers. Before prescribing such regulations, the Secretary shall consider—

(1)the crashworthiness of the cars;

(2)interior features (including luggage restraints, seat belts, and exposed surfaces) that may affect passenger safety;

(3)maintenance and inspection of the cars;

(4)emergency response procedures and equipment; and

(5)any operating rules and conditions that directly affect safety not otherwise governed by regulations.

(b)(1)The Secretary shall prescribe initial regulations under subsection (a) within 3 years after November 2, 1994. The initial regulations may exempt equipment used by tourist, historic, scenic, and excursion railroad carriers to transport passengers.

(2)The Secretary shall prescribe final regulations under subsection (a) within 5 years after November 2, 1994.

(c)The Secretary may establish within the Department of Transportation 2 additional full-time equivalent positions beyond the number permitted under existing law to assist with the drafting, prescribing, and implementation of regulations under this section.

(d)In prescribing regulations, issuing orders, and making amendments under this section, the Secretary may consult with Amtrak, public authorities operating railroad passenger service, other railroad carriers transporting passengers, organizations of passengers, and organizations of employees. A consultation is not subject to chapter 10 of title 5, but minutes of the consultation shall be placed in the public docket of the regulatory proceeding.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20133(a)45:431(h)(1)(A) (1st, last sentences), (B), (4).Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(h); added Oct. 10, 1980, Pub. L. 96–423, § 14, 94 Stat. 1817; Jan. 14, 1983, Pub. L. 97–468, § 702(a), 96 Stat. 2579. 20133(b)45:431(h)(1)(A) (2d, 3d sentences), (2). 20133(c)45:431(h)(3). In subsection (a), the words “within one year after January 14, 1983” and “initial” are omitted as obsolete. The text of 45:431(h)(1)(B) is omitted as executed. The words “after a hearing in accordance with subsection (b) of this section” are omitted as surplus because of section 20103(e) of the revised title. In subsections (b) and (c), the word “subsequent” is omitted as surplus. In subsection (c), the word “Amtrak” is substituted for “National Railroad Passenger Corporation” for consistency in this subtitle. The word “regulatory” is substituted for “rulemaking” for consistency in the revised title.

Editorial Notes

Amendments

2022—Subsec. (d). Pub. L. 117–286 substituted “chapter 10 of title 5,” for “the Federal Advisory Committee Act (5 U.S.C. App.),”. 1996—Subsec. (b)(1). Pub. L. 104–287, § 5(47)(A), substituted “

November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”. Subsec. (b)(2). Pub. L. 104–287, § 5(47)(B), substituted “

November 2, 1994” for “such date of enactment”. 1994—Pub. L. 103–440 amended section generally, substituting present provisions for provisions requiring the Secretary to take administrative action to ensure that the

Construction

, operation, and maintenance of passenger rail equipment maximize the safety of passengers, and providing for areas of consideration and concentration, as well as consultation with Amtrak.

Statutory Notes and Related Subsidiaries

Emergency Lighting Pub. L. 117–58, div. B, title II, § 22406, Nov. 15, 2021, 135 Stat. 738, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation (as such terms are defined in section 24102 of title 49, United States Code), develop and implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements under part 238 of title 49, Code of Federal

Regulations

, including ensuring that, in the event of a loss of power, there is adequate emergency lighting available to allow passengers, crew members, and first responders— “(1) to see and orient themselves; “(2) to identify obstacles; “(3) to safely move throughout the rail car; and “(4) to evacuate safely.” Passenger Rail Vehicle Occupant Protection Systems Pub. L. 117–58, div. B, title II, § 22420, Nov. 15, 2021, 135 Stat. 749, provided that: “(a) Study.—The Administrator of the Federal Railroad Administration shall conduct a study of the potential installation and use in new passenger rail rolling stock of passenger rail vehicle occupant protection systems that could materially improve passenger safety. “(b) Considerations.—In conducting the study under subsection (a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of the new requirements, through the use of—“(1) occupant restraint systems; “(2) air bags; “(3) emergency window retention systems; and “(4) interior designs, including seats, baggage restraints, and table configurations and attachments. “(c) Report.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall—“(1) submit a report summarizing the findings of the study conducted pursuant to subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and “(2) publish such report on the website of the Federal Railroad Administration. “(d) Rulemaking.—Following the completion of the study required under subsection (a), and after considering the costs and benefits of the proposed protection systems, the Administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock.”

§20133 Passenger cars