Page:United States Statutes at Large Volume 108 Part 2.djvu/157

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 873 § 20132. Visible markers for rear cars (a) GENERAL.— The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that— (1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visibility; and (2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visibility. (b) PREEMPTION. — Notwithstanding section 20106 of this title, subsection (a) of this section does not prohibit a State from continuing in force a law, regulation, or order in effect on July 8, 1976, related to lighted markers on the rear car of a freight train except to the extent it would cause the car to be in violation of this section. § 20133. Passenger equipment (a) GENERAL. —The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to ensure that the construction, maintenance, and operation of railroad equipment used to transport railroad passengers, whether in commuter or intercity service, maximize the safety of those passengers. The Secretary periodically shall review the regulations and orders and make amendments that may be necessary. (b) CONSIDERATIONS AND AREAS OF CONCENTRATION. —In prescribing regulations, issuing orders, and making amendments under this section, the Secretary shall— (1) consider comparable regulations and procedures of the United States Government that apply to other modes of transportation, especially those regulations and procedures carried out by the Administrator of the Federal Aviation Administration; (2) consider relevant differences between commuter and intercity passenger service; (3) concentrate on those areas that the Secretary believes present the greatest opportunity for enhancing the safety of the equipment; and (4) give significant weight to the expenditures that would be necessary to retrofit existing equipment and to change specifications for equipment on order. (c) 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 App. U.S.C), but minutes of the consultation shall be placed in the public docket of the regulatory proceeding. §20134. Grade crossings and railroad rights of way (a) GENERAL.—To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary Regulations. Regulations.

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