Sec. 107. Defect detection systems
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Subchapter II of chapter 201 of title 49, United States Code, as amended by section 105(a)(1), is further amended by adding at the end the following: In this section: The term defect detection system means the use of defect detectors, the analysis of the data defect detectors produce, and any other aspects of a system that help railroads identify and understand the severity of known safety conditions. The term defect detector means any device or equipment situated within the rail system that can detect and communicate a potential or known safety condition.
The term high-hazard train has the meaning given such term in section 20155(a)(5). The term main line means— a segment or route of railroad tracks— over which 5,000,000 or more gross tons of railroad traffic is transported annually; and that has a maximum authorized speed for freight trains in excess of 25 miles per hour; and intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate. The term physical characteristics means the physical terrain and operating considerations related to the physical terrain for the relevant main line.
The Secretary shall develop a program for the research, development, testing, and evaluation of defect detector systems to inform and support the rulemaking required under subsection
(d)and the evaluation of plans under subsection (c), which shall include— an evaluation of existing manufacturer recommended practices, industry-developed voluntary consensus technical standards, and railroad safety data to inform appropriate standards for commercially available defect detector systems and ensure the integrity and reliability of their use on the general railroad system, including standards relating to— maintenance; testing; inspection; and installation; an assessment of existing alert thresholds and trending algorithms to determine appropriate metrics and levels to ensure that defect detector systems identify unsafe equipment or operations in time to take appropriate safety actions; an evaluation of existing processes and procedures for decision making and communication of appropriate safety actions necessary to address unsafe equipment or operations, including— stoppage of rail equipment; setting out rail equipment; train speed reduction; diverting a train; and inspection requirements; research to understand the capabilities and limitations of existing technologies in use or developed to better assess the plans required under the final rule issued pursuant to subsection (c); and research to understand new or developing technologies. Each defect detection system plan required under the final rule issued pursuant to subsection
(d)shall be risk-based. Each plan referred to in paragraph
(1)shall include— a summary of the railroad’s proposed defect detector network, including— how the network will reduce the risk of incidents near population centers and on high-hazard train routes; and a description of how the network will be implemented by the deadline set forth in subsection (d)(1)(B); and a description of how the railroad's defect detection system meets or exceeds the defect detection performance standards established pursuant to subsection (d)(1)(D); except as provided in paragraph (3), a risk-based approach for identifying overheated wheel bearings that require the placement of the types and spacing of defect detectors— for main lines traveling within an urbanized area with a population of at least 75,000, at a distance that provides for any train operating along the railroad’s route to undergo detection not less than 10 miles before entering such an area; for main lines not equipped with acoustic bearing detectors or other similar technology, at a distance averaging 15 route miles to the extent possible based on the physical characteristics of the route; and for main lines equipped with acoustic bearing detectors or other similar technology, at a distance averaging 20 route miles to the extent possible based on the physical characteristics of the route along which such detectors are being installed; the types and spacing of other wayside defect detectors required to be placed, to the extent such detectors are utilized; the manufacturer's expected performance for each type of defect detector and how the carrier will assess compliance with such performance; procedures for promptly providing pertinent safety alerts to train employees, including locomotive engineers and conductors, train dispatchers, and relevant maintenance employees; the ability to share relevant safety data from the defect detector network with other railroad carriers and with rail car owners; policies and procedures for training employees regarding relevant elements of the defect detector system, including— persons whose duties include installing, maintaining, repairing, modifying, inspecting, reviewing data, and testing safety-critical elements of the railroad’s defect detector, including central office, wayside, or onboard subsystems; persons who receive and review defect detector alerts; and persons who operate trains or serve as a train or engine crew member; policies for maintaining records regarding the required elements of the rail defect detector network for not less than 5 years, which shall not include data on individual alerts; and designs for the collection and analysis of applicable alerts, thresholds, and corresponding safety actions. A rail carrier may comply with an alternative hot bearing detection plan instead of the requirements described in paragraph (2)(C) if— the rail carrier submits such plan to the Secretary and the Secretary approves the plan; and the plan provides an equivalent or higher level of safety as the requirements described in paragraph (2)(C). Not less frequently than triennially, the Secretary shall review each alternative plan approved pursuant to subparagraph
(A)to determine its continuing effectiveness at detecting bearing-related defects. Not later than 1 year after the date of the enactment of the Railway Safety Act of 2026 , the Secretary shall initiate a rulemaking, and not later than 2 years after such date of enactment, the Secretary shall issue a final rule, in compliance with Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review), that— requires Class I railroads to submit, not later than 1 year after the issuance of such final rule, defect detector network plans that include the elements described in subsection (c)(2); requires the Class I railroads to implement the plan required under subparagraph
(A)not later than 3 years after the issuance of such final rule; creates procedures to review, approve, and monitor compliance of such plans; establishes performance standards measured by the ability of a defect detection system to identify defects before a condition that is likely to result in an accident or incident, including how such ability will be measured and reported for data related to requirements; requires the reporting of data regarding the defect defector network effectiveness, including defect detector failures; creates requirements for Class I railroads to test, inspect, and maintain any defect detector based on the evaluation completed pursuant to subsection (b)(1); and establish appropriate thresholds for alerts and corresponding safety actions, to the extent necessary. The performance standards established pursuant to paragraph (1)(D) shall be updated not less frequently than once every 5 years. Each entity subject to the mandate in subsection
(a)shall update the plans required under subsection (d)(1)(A)— to reflect material changes to its railcar defect detector network; or to address changes made to the performance standards pursuant to subsection (d)(2). To ensure safety, the Secretary shall promptly review each plan submitted pursuant to subsection (d)(1)(A), against the performance standards established pursuant to subsection (d)(1)(D), and approve or reject each such plan. Not less frequently than biannually, the Secretary shall conduct reviews to ensure that Class I railroads are complying with the plans required under paragraph (1). Not later than 60 days after receipt, the Secretary shall make available to the public on the website of the Department of Transportation any plan or update submitted pursuant to this section, but the Secretary shall redact— proprietary information, as verified by the Secretary; and security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations (or successor regulation), as verified by the Secretary. The Secretary may assess a civil penalty under chapter 213 of this title for a violation of a rule promulgated pursuant to subsection
(d)for— each accident or incident on a route where the railroad is noncompliant with the plan approved under subsection (e)(2); and failing to take any corresponding safety action to an alert as set forth in the approved plan pursuant to subsection (c)(2)(J). Nothing in this section may be construed to restrict the authority of the Secretary. . The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by section 105(a)(2), is further amended by adding at the end the following: 20173. Defect detection systems. . The Administrator of the Federal Railroad Administration shall establish a formula grant program to assist commuter railroads with installing defect detection technology. A commuter railroad that has a contract with a Class I railroad, as of May 1, 2026, that requires the commuter railroad to install defect detection technology that complies with the approved plan submitted pursuant to section 20173 of title 49, United States Code, as added by subsection (a), is eligible to receive a grant under this subsection. Grant funding under this subsection shall be allocated based on the number of defect detectors required to be installed to comply with section 20173 of title 49, United States Code. Any eligible entity that receives grant funding under this subsection shall comply with the grant conditions set forth in section 22909(j) of title 49, United States Code. There is authorized to be appropriated to the Federal Railroad Administration such amounts as may be necessary to carry out the formula grant program under this subsection.
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