Page:United States Statutes at Large Volume 84 Part 1.djvu/1029

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PUBLIC LAW 91-458-OCT. 16, 1970

Public Law 91-458 AN ACT October 16, 1970 [S.1933] To provide for Federal railroad safety, hazardous materials control and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—PURPOSE

Federal railroad safety and hazardous materials control.

SEC. 101. DECLARATION OF PURPOSE.

The Congress declares that the purpose of this Act is to promote safety in all areas of railroad operations and to reduce railroad-related accidents, and to reduce deaths and injuries to persons and to reduce damage to property caused by accidents involving any carrier of hazardous materials. TITLE II—RAILROAD SAFETY SEC. 201. SHORT TITLE.

This title may be cited as the "Federal Railroad Safety Act of 1970".

Citation of title.

SEC. 202. RAIL SAFETY REGULATIONS.

(a) The Secretary of Transportation (hereafter in this title referred to as the "Secretary") shall (1) prescribe, as necessary, appropriate rules, regulations, orders, and standards for all areas of railroad safety supplementing provisions of law and regulations in effect on the date of enactment of this title, and (2) conduct, as necessary, research, development, testing, evaluation, and training for all areas of railroad safety. However, nothing in this title shall prohibit the bargaining representatives of common carriers and their employees from entering into collective bargaining agreements under the Railway Labor Act, 44 Stat. 577; 48 including agreements relating to qualifications of employees, which are 49 Stat. 1185; Stat. 1189. not inconsistent with rules, regulations, orders^ or standards prescribed 45 USC 151by the Secretary under this title. Nothing in this title shall be construed 188. to give the Secretary authority to issue rules, regulations, orders, and standards relating to qualifications of employees, except such qualifications as are specifically related to safety. (b) Hearings shall be conducted in accordance with the provisions of Hearing s. section 553 of title 5 of the United States Code for all rules, regulations, 80 Stat. 383 orders, or standards issued by the Secretary including those establishing, amending, revoking, or waiving compliance with a railroad safety rule, regulation, order, or standard under this title, and an opportunity shall be provided tor oral presentations. (c) The Secretary may, after hearing in accordance with subsection Waiver. (b) of this section, waive in whole or in part compliance with any rule, regulation, order, or standard established under this title, if he determines that such waiver of compliance is in the public interest and is consistent with railroad safety. The Secretary shall make public his reasons for granting any such waiver. (d) In prescribing rules, regulations, orders, and standards under this section the Secretary shall consider relevant existing safety data and standards. Safety rules (e) The Secretary shall issue initial railroad safety rules, regula- regulations, and tions, orders, and standards under this title based upon existing safety issuance and data and standards, not later than one year after the date of enactment of this title. The Secretary shall review and, after hearing in accordance with subsection (b) of this section, revise such rules, regulations, orders, and standards as necessary.

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