(a) Review of Rules.—The Secretary of Transportation shall conduct a review of the Department of Transportation’s rules with respect to railroad car visibility. As part of this review, the Secretary shall collect relevant data from operational experience by railroads having enhanced visibility measures in service.
(b) Regulations.—If the review conducted under subsection (a) establishes that enhanced railroad car visibility would likely improve safety in a cost-effective manner, the Secretary shall initiate a rulemaking proceeding to prescribe regulations requiring enhanced visibility standards for newly manufactured and remanufactured railroad cars. In such proceeding the Secretary shall consider, at a minimum—(1) visibility of railroad cars from the perspective of nonrailroad traffic;
(2) whether certain railroad car paint colors should be prohibited or required;
(3) the use of reflective materials;
(4) the visibility of lettering on railroad cars;
(5) the effect of any enhanced visibility measures on the health and safety of train crew members; and
(6) the cost/benefit ratio of any new regulations.
(c) Exclusions.—In prescribing regulations under subsection (b), the Secretary may exclude from any specific visibility requirement any category of trains or railroad operations if the Secretary determines that such an exclusion is in the public interest and is consistent with railroad safety.
Structure US Code
SUBCHAPTER II— PARTICULAR ASPECTS OF SAFETY
§ 20131. Restricted access to rolling equipment
§ 20132. Visible markers for rear cars
§ 20134. Grade crossings and railroad rights of way
§ 20135. Licensing or certification of locomotive operators
§ 20136. Automatic train control and related systems
§ 20138. Tampering with safety and operational monitoring devices
§ 20139. Maintenance-of-way operations on railroad bridges
§ 20140. Alcohol and controlled substances testing
§ 20143. Locomotive visibility
§ 20144. Blue signal protection for on-track vehicles
§ 20145. Report on bridge displacement detection systems
§ 20146. Institute for Railroad Safety
§ 20147. Warning of civil liability
§ 20148. Railroad car visibility
§ 20149. Coordination with the Department of Labor
§ 20150. Positive train control system progress report
§ 20152. Notification of grade crossing problems
§ 20153. Audible warnings at highway-rail grade crossings
§ 20156. Railroad safety risk reduction program
§ 20157. Implementation of positive train control systems
§ 20158. Railroad safety technology grants
§ 20159. Roadway user sight distance at highway-rail grade crossings
§ 20160. National crossing inventory
§ 20161. Fostering introduction of new technology to improve safety at highway-rail grade crossings
§ 20162. Minimum training standards and plans
§ 20163. Certification of train conductors
§ 20164. Development and use of rail safety technology
§ 20165. Limitations on non-Federal alcohol and drug testing
§ 20166. Emergency escape breathing apparatus
§ 20167. Reports on highway-rail grade crossing safety
§ 20168. Installation of audio and image recording devices
§ 20169. Speed limit action plans
§ 20170. Pre-revenue service safety validation plan
§ 20171. Requirements for railroad freight cars placed into service in the United States