Limitations on remote control locomotives

(a) Prohibitions A railroad carrier may not— (1) operate a train outside a yard without a human locomotive engineer physically located inside the cab of the lead locomotive who has the ability to take control of the operation of the train; or (2) operate a remote control locomotive on a main line. (b) Requirement for operation on a main line (1) Certified locomotive engineer A railroad carrier may not operate a train on a main line unless such train has a lead locomotive with a locomotive cab operated by a locomotive engineer certified under part 240 of title 49, Code of Federal Regulations, who is physically located inside the locomotive cab. (2) Statutory construction Nothing in this subsection shall be construed to allow a locomotive engineer or conductor solely certified under part 240 of title 49, Code of Federal Regulations, as a remote-control operator to operate a train described in paragraph (1). (c) Waiver process Notwithstanding any other provision of Federal law or regulation, the Secretary may not waive the requirements of this section for— (1) a class I railroad; (2) a class II railroad; or (3) any train operating on track classified as class 1 or above, as described in part 213 of title 49, Code of Federal Regulations. (d) Applicability (1) Rulemaking requirements The requirements of section 553 of title 5, United States Code, shall not apply to this section. (2) Effective date This section shall take effect on the date of enactment of this Act.