106 STAT. 976 PUBLIC LAW 102-365 —SEPT. 3, 1992 SEC. 7. POWER BRAKE SAFETY. Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end the following new subsection: "(r) POWER BRAKE SAFETY. —<1) The Secretary shall conduct a review of the Department of Transportation's rules with respect to railroad power brakes, and, not later than December 31, 1993, shall revise such rules based on such safety data as may be presented during that review. "(2) In carrying out paragraph (1), the Secretary shall, where applicable, prescribe standards regarding djniamic braking equipment. "(3)(A) The Secretary shall require 2-way end of train devices (or devices able to perform the same function) on road trains other than locals, road switchers, or work trains to enable the initiation of emergency braking from the rear of a train. The Secretary shall promulgate rules as soon as possible, but not later than December 31, 1993, requiring such 2-way end of train devices. Such rules shall, at a minimum— "(i) set standards for such devices based on performance; "(ii) prohibit any railroad, on or after the date that is one year after promulgation of such rules, from acquiring any end of train device for use on trains which is not a 2-way device meeting the standards set under clause (i); "(iii) require that such trains be equipped with 2-way end of train devices meeting such standards not later than 4 years after promulgation of such rules; and "(iv) provide that any 2-way end of train device acquired for use on trains before such promulgation shall be deemed to meet such standards. "(B) The Secretary may consider petitions to amend the rules promulgated under subparagraph (A) to allow the use of alternative technologies which meet the same basic performance requirements established by such rules. "(C) In developing the rules required by subparagraph (A), the Secretary shall consider data presented under paragraph (1). "(4) The Secretary may exclude from the rules required by paragraphs (1), (2), and (3) any category of trains or r£dl operations if the Secretary determines that such an exclusion is in the public Public interest and is consistent with railroad safety. The Secretary shall information. make public the reasons for granting any such exclusion. The Secretary shall at a minimum exclude from the requirements of paragraph (3)— "(A) trains that have manned cabooses; "(B) passenger trains with emergency brakes; "(C) trains that operate exclusively on track that is not part of the general railroad system; "(D) trains that do not exceed 30 miles per hour and do not operate on heavy grades, except for any categories of such trains specifically designated by the Secretary; and "(E) trains that operate in a push mode.". SEC. 8. TRACK SAFETY. Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431), as amended by this Act, is further amended by adding at the end the following new subsection: "(s) TRACK SAFETY.— (1) The Secretary shall, within 6 months after the date of enactment of this subsection, initiate a review
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