Sec. 35435. Study and testing of electronically-controlled pneumatic brakes
972 words·~4 min read·
/bill/114/hr/22/eas/section-35435A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Government Accountability Office shall complete an independent evaluation of ECP brake systems pilot program data and the Department of Transportation’s research and analysis on the effects of ECP brake systems. In completing the independent evaluation under paragraph (1), the Government Accountability Office shall examine the following issues related to ECP brake systems: Data and modeling results on safety benefits relative to conventional brakes and to other braking technologies or systems, such as distributed power and 2-way end-of-train devices.
Data and modeling results on business benefits, including the effects of dynamic braking. Data on costs, including up-front capital costs and on-going maintenance costs. Analysis of potential operational challenges, including the effects of potential locomotive and car segregation, technical reliability issues, and network disruptions. Analysis of potential implementation challenges, including installation time, positive train control integration complexities, component availability issues, and tank car shop capabilities.
Analysis of international experiences with the use of advanced braking technologies. Not later than 18 months after the date of enactment of this Act, the Government Accountability Office shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the independent evaluation under paragraph (1). The Secretary of Transportation shall enter into an agreement with the NCRRP Board— to complete testing of ECP brake systems during emergency braking application, including more than 1 scenario involving the uncoupling of a train with 70 or more DOT–117-specification or DOT–117R-specification tank cars; and to transmit, not later than 18 months after the date of enactment of this Act, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing.
In completing the testing under paragraph (1), the NCRRP Board may contract with 1 or more engineering or rail experts, as appropriate, with relevant experience in conducting railroad safety technology tests or similar crash tests. In completing the testing under paragraph (1), the NCRRP Board and each contractor described in paragraph
(2)shall ensure that the testing objectively, accurately, and reliably measures the performance of ECP brake systems relative to other braking technologies or systems, such as distributed power and 2-way end-of-train devices, including differences in— the number of cars derailed; the number of cars punctured; the measures of in-train forces; and the stopping distance. The Secretary shall require, as part of the agreement under paragraph (1), that the NCRRP Board fund the testing required under this section— using such sums made available under section 24910 of title 49, United States Code; and to the extent funding under subparagraph
(A)is insufficient or unavailable to fund the testing required under this section, using such sums as are necessary from the amounts appropriated to the Office of the Secretary. The NCRRP Board and each contractor described in paragraph
(2)may receive or use rolling stock, track, and other equipment or infrastructure from a private entity for the purposes of conducting the testing required under this section. The Secretary shall— not later than 90 days after the report date, fully incorporate and reflect the findings from both reports into a draft updated regulatory impact analysis of the effects of the applicable ECP brake system requirements; as soon as practicable after completion of the draft updated analysis under subparagraph (A), solicit public comment on the analysis for a period of not more than 30 days; and not later than 60 days after the end of the public comment period, post the final updated regulatory impact analysis on the Department of Transportation Web site. Not later than 180 days after the report date, the Secretary shall— determine, based on whether the final regulatory impact analysis described in paragraph (1)(C) demonstrates that the benefits, including safety benefits, of the applicable ECP brake system requirements exceed their costs, whether the applicable ECP brake system requirements are justified; and if the applicable ECP brake system requirements are justified, publish in the Federal Register the determination with the reasons for it; or if the Secretary does not publish the determination under clause (i), repeal the applicable ECP brake system requirements. In this section: The term applicable brake system requirements means sections 174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.102–10, 179.202–12(g), and 179.202–13(i) of title 49, Code of Federal Regulations, and any other regulation in effect on the date of enactment of this Act requiring the installation of ECP brakes or operation in ECP brake mode. The term Class 3 flammable liquid has the meaning given the term in section 173.120(a) of title 49, Code of Federal Regulations. The term ECP means electronically-controlled pneumatic when applied to a brake or brakes. The term ECP brake mode includes any operation of a rail car or an entire train using an ECP brake system. The term ECP brake system means a train power braking system actuated by compressed air and controlled by electronic signals from the locomotive or an ECP–EOT to the cars in the consist for service and emergency applications in which the brake pipe is used to provide a constant supply of compressed air to the reservoirs on each car but does not convey braking signals to the car. The term ECP brake system includes dual mode and stand-alone ECP brake systems. The term high-hazard flammable unit train means a single train transporting 70 or more loaded tank cars containing Class 3 flammable liquid. The term NCRRP Board means the independent governing board of the National Cooperative Rail Research Program. The term railroad carrier has the meaning given the term in section 20102 of title 49, United States Code. The term report date means the date that both the report under subsection (a)(3) and the report under subsection (b)(1)(B) have been transmitted under those subsections.