Page:United States Statutes at Large Volume 122.djvu/4877

 12 2 STA T .485 4 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 rail r o a dc arri e ra st ot h es p eci f ic areas i nw hich the proposed plan is deficient , and the railroad carrier shall correct all defi - ciencies within a reasona b le period of ti m e followin g receipt of written notice from the S ecretar y.T he Secretary shall ann u ally conduct a re v iew to ensure that the railroad carriers are complying with their plans. ‘ ‘ (4)VOLUNTARYC O MP L I ANC E . —A railroad carrier that is not re q uired to submit a railroad safety ris k reduction program under this section may voluntarily submit a program that meets the requirements of this section to the Secretary. The Secretary shall approve or disapprove any program submitted under this paragraph. ‘‘(b) C ERTI F ICATION.—The chief official responsible for safety of each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall certify that the con- tents of the program are accurate and that the railroad carrier will implement the contents of the program as approved by the Secretary. ‘‘(c) R I SK ANALYSIS.— I n developing its railroad safety risk reduction program each railroad carrier required to submit such a program pursuant to subsection (a) shall identify and analy z e the aspects of its railroad, including operating rules and practices, infrastructure, equipment, employee levels and schedules, safety culture, management structure, employee training, and other mat- ters, including those not covered by railroad safety regulations or other F ederal regulations, that impact railroad safety. ‘‘(d) P RO G RAM E LEMENTS.— ‘‘( 1 ) IN GENERAL.—Each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop a comprehensive safety risk reduction program to improve safety by reducing the number and rates of accidents, incidents, in j uries, and fatalities that is based on the risk analysis required by subsection (c) through— ‘‘(A) the mitigation of aspects that increase risks to railroad safety and ‘‘( B ) the enhancement of aspects that decrease risks to railroad safety. ‘‘( 2 )RE Q UIRE D COMPONENTS.—Each railroad carrier ’ s safety risk reduction program shall include a risk mitigation plan in accordance with this section, a technology implementation plan that meets the requirements of subsection (e), and a fatigue management plan that meets the requirements of sub- section (f). ‘‘(e) TEC H NOLOGY IMPLEMENTATION PLAN.— ‘‘(1) IN GENERAL.—As part of its railroad safety risk reduc- tion program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop, and periodically update as necessary, a 1 0 -year tech- nology implementation plan that describes the railroad carrier’s plan for development, adoption, implementation, maintenance, and use of current, new, or novel technologies on its system over a 10-year period to reduce safety risks identified under the railroad safety risk reduction program. Any updates to the plan are subject to review and approval by the Secretary. ‘‘(2) TECHNOLOGY ANALYSIS.—A railroad carrier’s tech- nology implementation plan shall include an analysis of the safety impact, feasibility, and cost and benefits of implementing Deadlin e .

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