Page:United States Statutes at Large Volume 122.djvu/4889

 12 2 STA T .486 6 PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 2008 (B)Thefirst se n ten c e o f section 2130 3( a )(1) is a m en d ed by insertin g‘ ‘inc lu ding section 21103 (as such section w as in effect on the day before the date of enactment of the R ail S afety I m p ro v ement A ct of 200 8 ) ,’ ’ after ‘‘this title,’’ the second place it appears . (f) R ECORDK EE PINGA ND REPOR T ING. — (1) REG UL ATION S .— N ot later than 180 days after the date of enactment of this Act, the Secretary shall prescribe a regula - tion revising the re q uirements for record k eeping and reporting for H ours of Service of Railroad E mployees contained in part 228 of title 49, C ode of F ederal Regulations— (A) to ad j ust record keeping and reporting require- ments to support compliance with chapter 211 of title 49, U nited States Code, as amended by this Act (B) to authori z e electronic record keeping, and reporting of e x cess service, consistent with appropriate considerations for user interface; and (C) to require training of affected employees and super- visors, including training of employees in the entry of hours of service data. (2) P ROCEDURE.—In lieu of issuing a notice of proposed rulemaking as contemplated by section 5 53 of title 5, United States Code, the Secretary may utilize the Railroad Safety Advisory Committee to assist in development of the regulation. The Secretary may propose and adopt amendments to the revised regulations thereafter as may be necessary in light of experience under the revised requirements. (g) D ELA Y INI M PLEMENTATION O F DUTY HOURS L IMITATION C H ANGES.—The amendments made by subsections (a), (b), and (c) shall take effect 9 months after the date of enactment of this Act. SEC.109 . PROT ECT I O N O F R A I L ROA D SAFET Y RIS K ANALYSES INFOR M ATION. (a) AMENDMENT.—Subchapter I of chapter 201 is amended by adding at the end thereof the following

‘ §201 1 8.Prohib i t io n on pu b l i cd i s closur e o f r a ilroad safet y analysis records ‘‘(a) IN G ENERAL.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of section 552 of title 5 if the record is— ‘‘(1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or ‘‘(2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program. ‘‘(b) E X CEPTION.—Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion, the Ef f ectiv e da te .49USC21 1 0 1 no te. 49 USC 21101 note. 49 USC 21 3 03.

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