Sec. 4. Rail car inspections
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Not later than 1 year after date of the enactment of this Act, the Secretary shall review and update, as necessary, applicable regulations under chapters I and II of subtitle B of title 49, Code of Federal Regulations— to create minimum time requirements that a qualified mechanical inspector must spend when inspecting a rail car or locomotive; and to ensure that all rail cars and locomotives in train consists that carry hazardous materials are inspected by a qualified mechanical inspector at intervals determined by the Secretary.
The Secretary shall immediately amend section 215.13(c) of title 49, Code of Federal Regulations (permitting an abbreviated pre-departure inspection procedure) with respect to rail cars in train consists carrying hazardous materials. Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate audits of Federal rail car inspection programs, subject to the requirements under part 215 of title 49, Code of Federal Regulations, which— consider whether such programs are in compliance with such part 215; assess the type and content of training and performance metrics that such programs provide rail car inspectors; determine whether such programs provide inspectors with adequate time to inspect rail cars; determine whether such programs reflect the current operating practices of the railroad carrier; and ensure that such programs are not overly reliant on train crews.
The Secretary shall— schedule the audits required under paragraph
(1)to ensure that— each Class I railroad is audited not less frequently than once every 5 years; and a select number, as determined by the Secretary, of Class II and Class III railroads are audited annually; and conduct the audits described in subparagraph (A)(ii) in accordance with— the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note); and appendix C of part 209 of title 49, Code of Federal Regulations. If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspection program, the railroad shall update the program to eliminate such deficiency. In conducting any audit required under this subsection, the Secretary shall consult with the railroad being audited and its employees, including any nonprofit employee labor organization representing the mechanical employees of the railroad. The railroad being audited and its employees, including any nonprofit employee labor organization representing mechanical employees, shall fully cooperate with any audit conducted pursuant to this subsection— by providing any relevant documents requested; and by making available any employees for interview without undue delay or obstruction. If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing mechanical employees of the railroad is not fully cooperating with an audit conducted pursuant to this subsection, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such noncooperation. The Secretary shall triennially determine whether any update to part 215 of title 49, Code of Federal Regulations, is necessary to ensure the safety of rail cars transported by rail carriers. The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— summarizes the findings of the prior year's audits; summarizes any updates made pursuant to this section; and excludes any confidential business information or sensitive security information. Nothing in this section may be construed— to limit the deployment of pilot programs for the installation, test, verification, and review of automated rail and train inspection technologies; or to direct the Secretary to waive any existing inspection requirements under chapter I or II of subtitle B of title 49, Code of Federal Regulations, as part of pilot programs.
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Sec. 4
Rail car inspections
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