Sec. 9509. Leaking brakes

364 words·~2 min read·/bill/117/hr/3684/pcs/section-9509

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The Administrator of the Federal Railroad Administration shall take such actions as are necessary to prohibit the use of any service air brake control valve or emergency air brake control valve in any location north of the 37th parallel during the period beginning on November 1 and ending on March 31 of any year if— the period between the date on which the air brake control valve is in use and the date of the manufacture or recondition of such valve exceeds 15 years; and the air brake control valve is operated in— a unit train on or after August 1, 2023; a train transporting 1 or more materials poisonous by inhalation, as such term is defined in section 171.8 of title 49, Code of Federal Regulations, on or after August 1, 2023; or a non-unit train on or after August 1, 2025.

Not later than 1 year after the date of enactment of this Act, and every year thereafter until air brake control valves described in subsection

(a)are no longer operating in trains as required under subparagraphs

(A)and

(B)of subsection (a)(1), the Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that identifies— the estimated number of such air brake control valves in use on— unit trains operating north of the 37th parallel between November 1 and March 31; and trains transporting 1 or more material poisonous-by-inhalation operating north of the 37th parallel during the period beginning on November 1 and ending on March 31; any issues affecting the industry’s progress toward ensuring that such air brake control valves are phased out in accordance with the requirements of subsection (a); and efforts the Administrator has taken since the previous report to ensure such air brake control valves are phased out in accordance with the requirements of subsection (a). If, after collecting data through a science-based methodology, the Administrator determines the prohibition under subsection

(a)does not ensure a sufficient level of safety, the Administrator may propose alternative actions in a rulemaking addressing the air brake control valves subject to this section.