§ 20306 - Exemption for technological improvements

CHAPTER 203— SAFETY APPLIANCES

(a) Subject to subsection (b) of this section, the Secretary of Transportation may exempt from the requirements of this chapter railroad equipment or equipment that will be operated on rails, when those requirements preclude the development or implementation of more efficient railroad transportation equipment or other transportation innovations under existing law.

(b) The Secretary may grant an exemption under subsection (a) of this section only on the basis of—

(b)(1) findings based on evidence developed at a hearing; or

(b)(2) an agreement between national railroad labor representatives and the developer of the new equipment or technology.

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 2030645:1013.May 30, 1980, Pub. L. 96–254, § 117, 94 Stat. 406.

In subsection (a), the words “Notwithstanding any other provision of law” and “the mandatory requirements of” are omitted as surplus. The words “existing law” are substituted for “the existing statutes” for consistency in the revised title.

In subsection (b), the words before clause (1) are added because of the restatement. Clause (1) is substituted for “after a hearing and consistent with findings based upon evidence developed therein” to eliminate unnecessary words. In clause (2), the words “an agreement” are substituted for “expressions of agreement” to eliminate unnecessary words.