108 STAT. 4624 PUBLIC LAW 103-440—NOV. 2, 1994 shall explain in the rulemaking document the basis for making such standards applicable to existing cars. "(b) INITIAL AND FINAL REGULATIONS. — (1) The Secretary shall prescribe initial regulations under subsection (a) within 3 years after the date of enactment of the Federal Railroad Safety Authorization Act of 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 such date of enactment. "(c) PERSONNEL. — 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) CONSULTATION.— 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 the Federal Advisory Committee Act (5 U.S.C. App.), but minutes of the consultation shall be placed in the public docket of the regulatory proceeding.". (b) TABLE OF SECTIONS AMENDMENT.— The item relating to section 20133 in the table of sections for chapter 201 of title 49, United States Code, is amended to read as follows: " 20133. Passenger cars.". SEC. 216. CONTRACT AND GRANT AUTHORITY. Section 103 of title 49, United States Code, is amended by adding at the end the following new subsection: "(e) Subject to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions of the Federal Railroad Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.". SEC. 217. TOURIST RAILROAD CARRIERS. Section 20103 of title 49, United States Code, is amended by adding at the end the following new subsection: "(f) TOURIST RAILROAD CARRIERS.—In prescribing regulations that pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take into consideration any financial, operational, or other factors Reports. that may be unique to such railroad carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on actions taken under this subsection.".
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