US (United States) Code. Title 49. Subtitle V: Rail Programs. Part A: Safety. Chapter 201: General

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-CITE-

49 USC CHAPTER 201 - GENERAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

-HEAD-

CHAPTER 201 - GENERAL

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

20101. Purpose.

20102. Definitions.

20103. General authority.

20104. Emergency authority.

20105. State participation.

20106. National uniformity of regulation.

20107. Inspection and investigation.

20108. Research, development, testing, and training.

20109. Employee protections.

20110. Effect on employee qualifications and collective

bargaining.

20111. Enforcement by the Secretary of Transportation.

20112. Enforcement by the Attorney General.

20113. Enforcement by the States.

20114. Judicial procedures.

20115. User fees.

[20116. Repealed.]

20117. Authorization of appropriations.

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

20131. Restricted access to rolling equipment.

20132. Visible markers for rear cars.

20133. Passenger cars.

20134. Grade crossings and railroad rights of way.

20135. Licensing or certification of locomotive operators.

20136. Automatic train control and related systems.

20137. Event recorders.

20138. Tampering with safety and operational monitoring

devices.

20139. Maintenance-of-way operations on railroad bridges.

20140. Alcohol and controlled substances testing.

20141. Power brake safety.

20142. Track safety.

20143. Locomotive visibility.

20144. Blue signal protection for on-track vehicles.

20145. Report on bridge displacement detection systems.

20146. Institute for Railroad Safety.

20147. Warning of civil liability.

20148. Railroad car visibility.

20149. Coordination with the Department of Labor.

20150. Positive train control system progress report.

20151. Railroad trespassing and vandalism prevention

strategy.

20152. Emergency notification of grade crossing problems.

20153. Audible warnings at highway-rail grade crossings.

AMENDMENTS

1995 - Pub. L. 104-66, title I, Sec. 1121(g)(2), Dec. 21, 1995,

109 Stat. 724, struck out item 20116 "Biennial report".

1994 - Pub. L. 103-440, title II, Secs. 206(b), 207(b), 210(b),

211(b), 212(b), 213(b), 214(b), 215(b), 219(b), title III, Secs.

301(b), 302(b), Nov. 2, 1994, 108 Stat. 4621-4624, 4626, 4628,

substituted "Biennial" for "Annual" in item 20116 and "cars" for

"equipment" in item 20133 and added items 20145 to 20153.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 21301, 21302, 21311 of

this title; title 45 section 54a.

-End-

-CITE-

49 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

49 USC Sec. 20101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20101. Purpose

-STATUTE-

The purpose of this chapter is to promote safety in every area of

railroad operations and reduce railroad-related accidents and

incidents.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20101 45:421. Oct. 16, 1970, Pub. L.

91-458, Sec. 101, 84 Stat.

971.

--------------------------------------------------------------------

The words "The Congress declares that" are omitted as surplus.

The words "accidents and incidents" are substituted for "accidents"

for consistency with the source provisions restated in section

20105(b)(1)(B) of the revised title. The words "and to reduce

deaths and injuries to persons and to reduce damage to property

caused by accidents involving any carrier of hazardous materials"

are omitted as obsolete because they applied to 49 App.:1761 and

1762, that were repealed by section 113(g) of the Hazardous

Materials Transportation Act (Public Law 93-633, 88 Stat. 2163).

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-134, Sec. 1(a), Dec. 2, 1997, 111 Stat. 2570,

provided that: "This Act [enacting section 28103 of this title,

amending sections 24101, 24102, 24104, 24301 to 24307, 24309,

24312, 24315, 24701, 24706, 24902, and 24904 of this title, section

8G of the Inspector General Act of 1978, Pub. L. 95-452, set out in

the Appendix to Title 5, Government Organization and Employees, and

section 9101 of Title 31, Money and Finance, repealing sections

24310, 24314, 24501 to 24506, 24702 to 24705, 24707, 24708, and

24903 of this title, and section 1111 of Title 45, Railroads, and

enacting provisions set out as notes under this section and

sections 24101, 24104, 24301, 24304, 24305, 24307, 24312, 24315,

24501, and 24706 of this title, section 8G of the Appendix to Title

5, and section 172 of Title 26, Internal Revenue Code] may be cited

as the 'Amtrak Reform and Accountability Act of 1997'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-440, title I, Sec. 101, Nov. 2, 1994, 108 Stat. 4615,

provided that: "This title [enacting sections 26101 to 26105 of

this title, renumbering former sections 26101 and 26102 of this

title as 28101 and 28102 of this title, respectively, and enacting

provisions set out as notes under section 26101 of this title and

section 838 of Title 45, Railroads] may be cited as the 'Swift Rail

Development Act of 1994'."

Pub. L. 103-440, title II, Sec. 201, Nov. 2, 1994, 108 Stat.

4619, provided that: "This title [enacting sections 20145 to 20151

and 21108 of this title, amending sections 103, 20103, 20111,

20116, 20117, 20133, 20142, and 21303 of this title, and enacting

provisions set out as a note under section 11504 of this title] may

be cited as the 'Federal Railroad Safety Authorization Act of

1994'."

-End-

-CITE-

49 USC Sec. 20102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20102. Definitions

-STATUTE-

In this part -

(1) "railroad" -

(A) means any form of nonhighway ground transportation that

runs on rails or electromagnetic guideways, including -

(i) commuter or other short-haul railroad passenger service

in a metropolitan or suburban area and commuter railroad

service that was operated by the Consolidated Rail

Corporation on January 1, 1979; and

(ii) high speed ground transportation systems that connect

metropolitan areas, without regard to whether those systems

use new technologies not associated with traditional

railroads; but

(B) does not include rapid transit operations in an urban

area that are not connected to the general railroad system of

transportation.

(2) "railroad carrier" means a person providing railroad

transportation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20102(1) 45:16. Apr. 14, 1910, ch. 160, Sec.

1, 36 Stat. 298; restated

June 22, 1988, Pub. L.

100-342, Sec. 13(3)(E), 102

Stat. 632.

45:22. Feb. 17, 1911, ch. 103, Sec.

1, 36 Stat. 913; June 7,

1924, ch. 355, Sec. 1, 43

Stat. 659; restated June 22,

1988, Pub. L. 100-342, Sec.

14(1), 102 Stat. 632.

45:38 (last May 6, 1910, ch. 208, 36

sentence). Stat. 350, Sec. 1 (last

sentence); added June 22,

1988, Pub. L. 100-342, Sec.

15(1)(C), 102 Stat. 633.

45:61(a). Mar. 4, 1907, ch. 2939, Sec.

1(a), 34 Stat. 1415; Dec.

26, 1969, Pub. L. 91-169,

Sec. 1, 83 Stat. 463;

restated Nov. 2, 1978, Pub.

L. 95-574, Sec. 5, 92 Stat.

2461; June 22, 1988, Pub. L.

100-342, Sec. 16(1)(A), 102

Stat. 634.

45:61(b)(1). Mar. 4, 1907, ch. 2939, Sec.

1(b)(1), 34 Stat. 1415;

restated Dec. 26, 1969, Pub.

L. 91-169, Sec. 1, 83 Stat.

463; June 22, 1988, Pub. L.

100-342, Sec. 16(1)(B), 102

Stat. 634.

45:431(e). Oct. 16, 1970, Pub. L.

91-458, Sec. 202(e), 84

Stat. 971; restated June 22,

1988, Pub. L. 100-342, Sec.

7(a), 102 Stat. 628.

49:App.:26(a). Feb. 4, 1887, ch. 104, 24

Stat. 379, Sec. 25(a); added

Feb. 28, 1920, ch. 91, Sec.

441, 41 Stat. 498; Aug. 26,

1937, ch. 818, 50 Stat. 835;

Sept. 18, 1940, ch. 722,

Sec. 14(b), 54 Stat. 919;

restated June 22, 1988, Pub.

L. 100-342, Sec. 17(1), 102

Stat. 635.

20102(2) (no source).

--------------------------------------------------------------------

Clause (1) is substituted for the source provisions to avoid

repeating the definition of "railroad" in each chapter in this

part.

Clause (2) is added to distinguish between railroad

transportation and the entity providing railroad transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24301 of this title; title

42 sections 3771, 12181.

-End-

-CITE-

49 USC Sec. 20103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20103. General authority

-STATUTE-

(a) Regulations and Orders. - The Secretary of Transportation, as

necessary, shall prescribe regulations and issue orders for every

area of railroad safety supplementing laws and regulations in

effect on October 16, 1970. When prescribing a security regulation

or issuing a security order that affects the safety of railroad

operations, the Secretary of Homeland Security shall consult with

the Secretary.

(b) Regulations of Practice for Proceedings. - The Secretary

shall prescribe regulations of practice applicable to each

proceeding under this chapter. The regulations shall reflect the

varying nature of the proceedings and include time limits for

disposition of the proceedings. The time limit for disposition of a

proceeding may not be more than 12 months after the date it begins.

(c) Consideration of Information and Standards. - In prescribing

regulations and issuing orders under this section, the Secretary

shall consider existing relevant safety information and standards.

(d) Waivers. - The Secretary may waive compliance with any part

of a regulation prescribed or order issued under this chapter if

the waiver is in the public interest and consistent with railroad

safety. The Secretary shall make public the reasons for granting

the waiver.

(e) Hearings. - The Secretary shall conduct a hearing as provided

by section 553 of title 5 when prescribing a regulation or issuing

an order under this chapter, including a regulation or order

establishing, amending, or waiving compliance with a railroad

safety regulation prescribed or order issued under this chapter. An

opportunity for an oral presentation shall be provided.

(f) Tourist Railroad Carriers. - In prescribing regulations that

pertain to railroad safety that affect tourist, historic, scenic,

or excursion railroad carriers, the Secretary of Transportation

shall take into consideration any financial, operational, or other

factors that may be unique to such railroad carriers. The Secretary

shall submit a report to Congress not later than September 30,

1995, on actions taken under this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863; Pub. L.

103-440, title II, Sec. 217, Nov. 2, 1994, 108 Stat. 4624; Pub. L.

107-296, title XVII, Sec. 1710(b), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20103(a) 45:431(a) (1st Oct. 16, 1970, Pub. L.

sentence cl. (1)). 91-458, Sec. 202(a) (1st

sentence cl. (1)), (b), (c),

84 Stat. 971.

20103(b) 45:431(d) Oct. 16, 1970, Pub. L.

(21st-last words). 91-458, Sec. 202(d), 84

Stat. 971; restated July 8,

1976, Pub. L. 94-348, Sec.

5(a), 90 Stat. 819.

20103(c) 45:431(d) (1st-20th

words).

20103(d) 45:431(c).

20103(e) 45:431(b).

--------------------------------------------------------------------

In this part, the word "rule" is omitted as being synonymous with

"regulation". The word "standard" is omitted as being included in

"regulation".

In subsection (a), the words "(hereafter in this subchapter

referred to as the 'Secretary')" in 45:431(a) (1st sentence cl.

(1)) are omitted as surplus because the complete name of the

Secretary of Transportation is used the first time the term appears

in a section.

In subsection (b), the words "within 180 days after July 8, 1976"

are omitted as expired. The word "prescribe" is substituted for

"take such action as may be necessary to develop and publish" for

consistency in the revised title and with other titles of the

United States Code and to eliminate unnecessary words.

In subsection (d), the words "after hearing in accordance with

subsection (b) of this section" are omitted as surplus because of

the language restated in subsection (e) of this section.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 inserted at end "When

prescribing a security regulation or issuing a security order that

affects the safety of railroad operations, the Secretary of

Homeland Security shall consult with the Secretary."

1994 - Subsec. (f). Pub. L. 103-440 added subsec. (f).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

REGULATIONS

Section 4(t) of Pub. L. 103-272 provided that:

"(1) Not later than March 3, 1995, the Secretary of

Transportation shall complete a regulatory proceeding to consider

prescribing regulations to improve the safety and working

conditions of locomotive cabs. The proceeding shall assess -

"(A) the adequacy of Locomotive Crashworthiness Requirements

Standard S-580, or any successor standard, adopted by the

Association of American Railroads in 1989 in improving the safety

of locomotive cabs; and

"(B) the extent to which environmental, sanitary, and other

working conditions in locomotive cabs affect productivity,

health, and the safe operation of locomotives.

"(2) Supporting Research and Analysis. - In support of the

proceeding required under paragraph (1) of this subsection, the

Secretary shall conduct research and analysis, including computer

modeling and full-scale crash testing, as appropriate, to consider

-

"(A) the costs and benefits associated with equipping

locomotives with -

"(i) braced collision posts;

"(ii) rollover protection devices;

"(iii) deflection plates;

"(iv) shatterproof windows;

"(v) readily accessible crash refuges;

"(vi) uniform sill heights;

"(vii) anticlimbers, or other equipment designed to prevent

overrides resulting from head-on locomotive collisions;

"(viii) equipment to deter post-collision entry of flammable

liquids into locomotive cabs;

"(ix) any other devices intended to provide crash protection

for occupants of locomotive cabs; and

"(x) functioning and regularly maintained sanitary

facilities; and

"(B) the effects on train crews of the presence of asbestos in

locomotive components.

"(3) Report. - If, on the basis of the proceeding required under

paragraph (1) of this subsection, the Secretary decides not to

prescribe regulations, the Secretary shall report to Congress on

the reasons for that decision."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20104, 20135 of this

title; title 45 section 1207.

-End-

-CITE-

49 USC Sec. 20104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20104. Emergency authority

-STATUTE-

(a) Ordering Restrictions and Prohibitions. - (1) If, through

testing, inspection, investigation, or research carried out under

this chapter, the Secretary of Transportation decides that an

unsafe condition or practice, or a combination of unsafe conditions

and practices, causes an emergency situation involving a hazard of

death or personal injury, the Secretary immediately may order

restrictions and prohibitions, without regard to section 20103(e)

of this title, that may be necessary to abate the situation.

(2) The order shall describe the condition or practice, or a

combination of conditions and practices, that causes the emergency

situation and prescribe standards and procedures for obtaining

relief from the order. This paragraph does not affect the

Secretary's discretion under this section to maintain the order in

effect for as long as the emergency situation exists.

(b) Review of Orders. - After issuing an order under this

section, the Secretary shall provide an opportunity for review of

the order under section 554 of title 5. If a petition for review is

filed and the review is not completed by the end of the 30-day

period beginning on the date the order was issued, the order stops

being effective at the end of that period unless the Secretary

decides in writing that the emergency situation still exists.

(c) Civil Actions To Compel Issuance of Orders. - An employee of

a railroad carrier engaged in interstate or foreign commerce who

may be exposed to imminent physical injury during that employment

because of the Secretary's failure, without any reasonable basis,

to issue an order under subsection (a) of this section, or the

employee's authorized representative, may bring a civil action

against the Secretary in a district court of the United States to

compel the Secretary to issue an order. The action must be brought

in the judicial district in which the emergency situation is

alleged to exist, in which that employing carrier has its principal

executive office, or for the District of Columbia. The Secretary's

failure to issue an order under subsection (a) of this section may

be reviewed only under section 706 of title 5.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20104(a) 45:432(a), (d). Oct. 16, 1970, Pub. L.

91-458, Sec. 203, 84 Stat.

972; restated Oct. 10, 1980,

Pub. L. 96-423, Sec. 3, 94

Stat. 1811.

20104(b) 45:432(b), (c).

20104(c) 45:432(e).

--------------------------------------------------------------------

In subsection (a)(1), the words "or both" are omitted as surplus.

The words "immediately may order restrictions and prohibitions . .

. that may be necessary to abate the situation" are substituted for

"may immediately issue an order . . . imposing such restrictions or

prohibitions as may be necessary to bring about the abatement of

such emergency situation" to eliminate unnecessary words.

In subsection (a)(2), the words "or a combination of conditions

and practices" are added for consistency with paragraph (1). The

words "(as determined by the Secretary)" are omitted as surplus.

The last sentence is substituted for 45:432(d) (last sentence) for

clarity.

In subsection (b), the words "the Secretary" are added for

clarity.

In subsection (c), the words "issue an order" are substituted for

"seek relief" for consistency in this section. The words "The

action must be brought in the judicial district" are substituted

for "for the judicial district" for consistency in the revised

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20111, 20114 of this

title.

-End-

-CITE-

49 USC Sec. 20105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20105. State participation

-STATUTE-

(a) Investigative and Surveillance Activities. - The Secretary

concerned may prescribe investigative and surveillance activities

necessary to enforce the safety regulations prescribed and orders

issued by the Secretary (!1) that apply to railroad equipment,

facilities, rolling stock, and operations in a State. The State may

participate in those activities when the safety practices for

railroad equipment, facilities, rolling stock, and operations in

the State are regulated by a State authority and the authority

submits to the Secretary concerned an annual certification as

provided in subsection (b) of this section.

(b) Annual Certification. - (1) A State authority's annual

certification must include -

(A) a certification that the authority -

(i) has regulatory jurisdiction over the safety practices for

railroad equipment, facilities, rolling stock, and operations

in the State;

(ii) was given a copy of each safety regulation prescribed

and order issued by the Secretary concerned, that applies to

the equipment, facilities, rolling stock, or operations, as of

the date of certification; and

(iii) is conducting the investigative and surveillance

activities prescribed by the Secretary concerned under

subsection (a) of this section; and

(B) a report, in the form the Secretary concerned prescribes by

regulation, that includes -

(i) the name and address of each railroad carrier subject to

the safety jurisdiction of the authority;

(ii) each accident or incident reported during the prior 12

months by a railroad carrier involving a fatality, personal

injury requiring hospitalization, or property damage of more

than $750 (or a higher amount prescribed by the Secretary

concerned), and a summary of the authority's investigation of

the cause and circumstances surrounding the accident or

incident;

(iii) the record maintenance, reporting, and inspection

practices conducted by the authority to aid the Secretary

concerned in enforcing railroad safety regulations prescribed

and orders issued by the Secretary concerned, including the

number of inspections made of railroad equipment, facilities,

rolling stock, and operations by the authority during the prior

12 months; and

(iv) other information the Secretary concerned requires.

(2) An annual certification applies to a safety regulation

prescribed or order issued after the date of the certification only

if the State authority submits an appropriate certification to

provide the necessary investigative and surveillance activities.

(3) If, after receipt of an annual certification, the Secretary

concerned decides the State authority is not complying

satisfactorily with the investigative and surveillance activities

prescribed under subsection (a) of this section, the Secretary

concerned may reject any part of the certification or take other

appropriate action to achieve adequate enforcement. The Secretary

concerned must give the authority notice and an opportunity for a

hearing before taking action under this paragraph. When the

Secretary concerned gives notice, the burden of proof is on the

authority to show that it is complying satisfactorily with the

investigative and surveillance activities prescribed by the

Secretary concerned.

(c) Agreement When Certification Not Received. - (1) If the

Secretary concerned does not receive an annual certification under

subsection (a) of this section related to any railroad equipment,

facility, rolling stock, or operation, the Secretary concerned may

make an agreement with a State authority for the authority to

provide any part of the investigative and surveillance activities

prescribed by the Secretary concerned as necessary to enforce the

safety regulations and orders applicable to the equipment,

facility, rolling stock, or operation.

(2) The Secretary concerned may terminate any part of an

agreement made under this subsection on finding that the authority

has not provided every part of the investigative and surveillance

activities to which the agreement relates. The Secretary concerned

must give the authority notice and an opportunity for a hearing

before making such a finding. The finding and termination shall be

published in the Federal Register and may not become effective for

at least 15 days after the date of publication.

(d) Agreement for Investigative and Surveillance Activities. - In

addition to providing for State participation under this section,

the Secretary concerned may make an agreement with a State to

provide investigative and surveillance activities related to the

duties under chapters 203-213 of this title (in the case of the

Secretary of Transportation) and duties under section 114 of this

title (in the case of the Secretary of Homeland Security).

(e) Payment. - On application by a State authority that has

submitted a certification under subsections (a) and (b) of this

section or made an agreement under subsection (c) or (d) of this

section, the Secretary concerned shall pay not more than 50 percent

of the cost of the personnel, equipment, and activities of the

authority needed, during the next fiscal year, to carry out a

safety program under the certification or agreement. However, the

Secretary concerned may pay an authority only when the authority

assures the Secretary concerned that it will provide the remaining

cost of the safety program and that the total State money expended

for the safety program, excluding grants of the United States

Government, will be at least as much as the average amount expended

for the fiscal years that ended June 30, 1969, and June 30, 1970.

(f) Monitoring. - The Secretary concerned may monitor State

investigative and surveillance practices and carry out other

inspections and investigations necessary to help enforce this

chapter (in the case of the Secretary of Transportation) and duties

under section 114 of this title (in the case of the Secretary of

Homeland Security).

(g) Definitions. - In this section -

(1) the term "safety" includes security; and

(2) the term "Secretary concerned" means -

(A) the Secretary of Transportation, with respect to railroad

safety matters concerning such Secretary under laws

administered by that Secretary; and

(B) the Secretary of Homeland Security, with respect to

railroad safety matters concerning such Secretary under laws

administered by that Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864; Pub. L.

107-296, title XVII, Sec. 1710(a), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20105(a) 45:435(a) (1st Oct. 16, 1970, Pub. L.

sentence related to 91-458, Sec. 206(a) (1st

authority for State sentence), (b), (f), 84

participation). Stat. 972, 973, 974; Nov.

16, 1990, Pub. L. 101-615,

Sec. 28(a)(1)-(3), (b), (c),

104 Stat. 3276, 3277.

20105(b) 45:435(a) (1st

(1)(A) sentence related to

contents of

certification).

20105(b) 45:435(b) (1st

(1)(B) sentence).

20105(b)(2) 45:435(f).

20105(b)(3) 45:435(b) (2d-last

sentences).

20105(c) 45:435(c). Oct. 16, 1970, Pub. L.

91-458, Sec. 206(c), (e), 84

Stat. 973, 974.

20105(d) 45:435(g). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

206(g); added Oct. 10, 1980,

Pub. L. 96-423, Sec. 4(a),

94 Stat. 1812.

20105(e) 45:435(d). Oct. 16, 1970, Pub. L.

91-458, Sec. 206(d), 84

Stat. 974; Oct. 10, 1980,

Pub. L. 96-423, Sec. 4(b),

94 Stat. 1812.

20105(f) 45:435(e).

--------------------------------------------------------------------

In subsection (a), the first sentence is added for clarity.

In subsection (b)(1)(A)(iii), the words "as necessary for the

enforcement by him of each rule, regulation, order, and standard

referred to in paragraph (2) of this subsection, as interpreted by

the Secretary" are omitted as surplus.

In subsection (b)(1)(B)(i) and (ii), the words "railroad carrier"

are substituted for "railroad" because of the definition of

"railroad carrier" in section 20102 of the revised title.

In subsection (b)(1)(B)(iii), the words "a detail of" are omitted

as surplus.

In subsection (b)(3), the text of 45:435(b) (2d sentence) and the

words "as he deems", "reasonable", and "with respect to such safety

rules, regulations, orders, and standards" are omitted as surplus.

In subsection (c)(1), the word "enforce" is substituted for

"obtain compliance with" for clarity and consistency in this

section.

In subsection (e), the words "out of funds appropriated pursuant

to this subchapter or otherwise made available", "reasonably", and

"satisfactory" are omitted as surplus. The words "will be at least

as much as the average amount expended" are substituted for "will

be maintained at a level which does not fall below the average

level of such expenditures" for clarity and to eliminate

unnecessary words.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1710(a)(2), substituted

"the Secretary concerned" for "the Secretary" in second sentence.

Pub. L. 107-296, Sec. 1710(a)(1), substituted "The Secretary

concerned" for "The Secretary of Transportation" in first sentence.

Subsecs. (b), (c). Pub. L. 107-296, Sec. 1710(a)(2), substituted

"Secretary concerned" for "Secretary" wherever appearing.

Subsec. (d). Pub. L. 107-296, Sec. 1710(a)(2), (3), substituted

"Secretary concerned" for "Secretary" and "duties under chapters

203-213 of this title (in the case of the Secretary of

Transportation) and duties under section 114 of this title (in the

case of the Secretary of Homeland Security)" for "Secretary's

duties under chapters 203-213 of this title".

Subsec. (e). Pub. L. 107-296, Sec. 1710(a)(2), substituted

"Secretary concerned" for "Secretary" wherever appearing.

Subsec. (f). Pub. L. 107-296, Sec. 1710(a)(2), (4), substituted

"Secretary concerned" for "Secretary" and "chapter (in the case of

the Secretary of Transportation) and duties under section 114 of

this title (in the case of the Secretary of Homeland Security)" for

"chapter".

Subsec. (g). Pub. L. 107-296, Sec. 1710(a)(5), added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20108, 20113, 20117 of

this title; title 45 section 54a.

-FOOTNOTE-

(!1) So in original. Probably should be "Secretary concerned".

-End-

-CITE-

49 USC Sec. 20106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20106. National uniformity of regulation

-STATUTE-

Laws, regulations, and orders related to railroad safety and

laws, regulations, and orders related to railroad security shall be

nationally uniform to the extent practicable. A State may adopt or

continue in force a law, regulation, or order related to railroad

safety or security until the Secretary of Transportation (with

respect to railroad safety matters), or the Secretary of Homeland

Security (with respect to railroad security matters), prescribes a

regulation or issues an order covering the subject matter of the

State requirement. A State may adopt or continue in force an

additional or more stringent law, regulation, or order related to

railroad safety or security when the law, regulation, or order -

(1) is necessary to eliminate or reduce an essentially local

safety or security hazard;

(2) is not incompatible with a law, regulation, or order of the

United States Government; and

(3) does not unreasonably burden interstate commerce.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866; Pub. L.

107-296, title XVII, Sec. 1710(c), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20106 45:434. Oct. 16, 1970, Pub. L.

91-458, Sec. 205, 84 Stat.

972.

--------------------------------------------------------------------

In this section, before clause (1), the words "The Congress

declares that" are omitted as unnecessary. In clause (3), the word

"unreasonably" is substituted for "undue" for consistency in the

revised title and with other titles of the United States Code.

AMENDMENTS

2002 - Pub. L. 107-296, Sec. 1710(c), in introductory provisions,

in first sentence inserted "and laws, regulations, and orders

related to railroad security" after "safety", in second sentence

substituted "Transportation (with respect to railroad safety

matters), or the Secretary of Homeland Security (with respect to

railroad security matters)," for "Transportation", and in second

and third sentences inserted "or security" after "order related to

railroad safety".

Par. (1). Pub. L. 107-296, Sec. 1710(c)(2), inserted "or

security" after "safety".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20132, 20153 of this

title.

-End-

-CITE-

49 USC Sec. 20107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20107. Inspection and investigation

-STATUTE-

(a) General. - To carry out this part, the Secretary of

Transportation may take actions the Secretary considers necessary,

including -

(1) conduct investigations, make reports, issue subpenas,

require the production of documents, take depositions, and

prescribe recordkeeping and reporting requirements; and

(2) delegate to a public entity or qualified person the

inspection, examination, and testing of railroad equipment,

facilities, rolling stock, operations, and persons.

(b) Entry and Inspection. - In carrying out this part, an

officer, employee, or agent of the Secretary, at reasonable times

and in a reasonable way, may enter and inspect railroad equipment,

facilities, rolling stock, operations, and relevant records. When

requested, the officer, employee, or agent shall display proper

credentials. During an inspection, the officer, employee, or agent

is an employee of the United States Government under chapter 171 of

title 28.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20107(a) 45:437(a) (1st Oct. 16, 1970, Pub. L.

sentence words 91-458, Sec. 208(a) (1st

before 9th and sentence words before 9th

after 14th commas). and after 14th commas), 84

Stat. 974, 975.

45:437(d)(1) (1st Oct. 16, 1970, Pub. L.

sentence). 91-458, 84 Stat. 971, Sec.

208(d)(1) (1st sentence);

added Oct. 10, 1980, Pub. L.

96-423, Sec. 6(b), 94 Stat.

1813.

20107(b) 45:437(b). Oct. 16, 1970, Pub. L.

91-458, Sec. 208(b), 84

Stat. 975; restated Nov. 2,

1978, Pub. L. 95-574, Sec.

9, 92 Stat. 2462; Oct. 10,

1980, Pub. L. 96-423, Sec.

6(a), 94 Stat. 1813.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "To carry out

this part, the Secretary of Transportation may" are substituted for

"In carrying out his functions under this subchapter, the Secretary

is authorized to perform . . . to carry out the provisions of this

subchapter" and "In carrying out the functions formerly vested in

the Interstate Commerce Commission and transferred to the Secretary

by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix,

the Secretary is authorized to perform any act authorized in

subsection (a) of this section . . . to carry out such transferred

functions" to eliminate unnecessary words. In clause (2), the word

"entity" is substituted for "bodies" for consistency in the revised

title and with other titles of the United States Code.

In subsection (b), the words "In carrying out this part" are

substituted for "To carry out the Secretary's responsibilities

under this subchapter and under the functions transferred by

section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix" to

eliminate unnecessary words. The word "way" is substituted for

"manner" for consistency in the revised title and with other titles

of the Code. The word "examine" is omitted as being included in

"inspect". The word "considered" is omitted as surplus.

-End-

-CITE-

49 USC Sec. 20108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20108. Research, development, testing, and training

-STATUTE-

(a) General. - The Secretary of Transportation shall carry out,

as necessary, research, development, testing, evaluation, and

training for every area of railroad safety.

(b) Contracts. - To carry out this part, the Secretary may make

contracts for, and carry out, research, development, testing,

evaluation, and training (particularly for those areas of railroad

safety found to need prompt attention).

(c) Amounts From Non-Government Sources for Training Safety

Employees. - The Secretary may request, receive, and expend amounts

received from non-United States Government sources for expenses

incurred in training safety employees of private industry, State

and local authorities, or other public authorities, except State

rail safety inspectors participating in training under section

20105 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20108(a) 45:431(a) (1st Oct. 16, 1970, Pub. L.

sentence cl. (2)). 91-458, Secs. 202(a) (1st

sentence cl. (2)), 208(a)

(1st sentence words before

3d comma and between

9th-14th commas), 84 Stat.

971, 974.

20108(b) 45:437(a) (1st

sentence words

before 3d comma and

between 9th-14th

commas).

45:437(d)(1) (1st Oct. 16, 1970, Pub. L.

sentence). 91-458, 84 Stat. 971, Sec.

208(d)(1) (1st sentence);

added Oct. 10, 1980, Pub. L.

96-423, Sec. 6(b), 94 Stat.

1813.

20108(c) 45:444(a) (last Oct. 16, 1970, Pub. L.

sentence). 91-458, 84 Stat. 971, Sec.

214(a) (last sentence);

added Oct. 10, 1980, Pub. L.

96-423, Sec. 2, 94 Stat.

1811; Aug. 13, 1981, Pub. L.

97-35, Sec. 1195, 95 Stat.

702; Jan. 14, 1983, Pub. L.

97-468, Sec. 703, 96 Stat.

2580; restated June 22,

1988, Pub. L. 100-342, Sec.

2, 102 Stat. 624; Nov. 5,

1990, Pub. L. 101-508, Sec.

10501(b), 104 Stat.

1388-400; restated Sept. 3,

1992, Pub. L. 102-365, Sec.

12, 106 Stat. 980.

--------------------------------------------------------------------

In subsection (b), the words "To carry out this part, the

Secretary may" are substituted for "In carrying out his functions

under this subchapter, the Secretary is authorized to perform such

acts including, but not limited to . . . as he deems necessary to

carry out the provisions of this subchapter" and "In carrying out

the functions formerly vested in the Interstate Commerce Commission

and transferred to the Secretary by section 1655(e)(1), (e)(2), and

(e)(6)(A) of title 49, Appendix, the Secretary is authorized to

perform any act authorized in subsection (a) of this section that

he considers necessary to carry out such transferred functions,

including, but not limited to" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 20115 of this title.

-End-

-CITE-

49 USC Sec. 20109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20109. Employee protections

-STATUTE-

(a) Filing Complaints and Testifying. - A railroad carrier

engaged in interstate or foreign commerce may not discharge or in

any way discriminate against an employee because the employee,

whether acting for the employee or as a representative, has -

(1) filed a complaint or brought or caused to be brought a

proceeding related to the enforcement of this part or, as

applicable to railroad safety, chapter 51 or 57 of this title; or

(2) testified or will testify in that proceeding.

(b) Refusing To Work Because of Hazardous Conditions. - (1) A

railroad carrier engaged in interstate or foreign commerce may not

discharge or in any way discriminate against an employee for

refusing to work when confronted by a hazardous condition related

to the performance of the employee's duties, if -

(A) the refusal is made in good faith and no reasonable

alternative to the refusal is available to the employee;

(B) a reasonable individual in the circumstances then

confronting the employee would conclude that -

(i) the hazardous condition presents an imminent danger of

death or serious injury; and

(ii) the urgency of the situation does not allow sufficient

time to eliminate the danger through regular statutory means;

and

(C) the employee, where possible, has notified the carrier of

the hazardous condition and the intention not to perform further

work unless the condition is corrected immediately.

(2) This subsection does not apply to security personnel employed

by a carrier to protect individuals and property transported by

railroad.

(c) Dispute Resolution. - A dispute, grievance, or claim arising

under this section is subject to resolution under section 3 of the

Railway Labor Act (45 U.S.C. 153). In a proceeding by the National

Railroad Adjustment Board, a division or delegate of the Board, or

another board of adjustment established under section 3 to resolve

the dispute, grievance, or claim, the proceeding shall be expedited

and the dispute, grievance, or claim shall be resolved not later

than 180 days after it is filed. If the violation is a form of

discrimination that does not involve discharge, suspension, or

another action affecting pay, and no other remedy is available

under this subsection, the Board, division, delegate, or other

board of adjustment may award the employee reasonable damages,

including punitive damages, of not more than $20,000.

(d) Election of Remedies. - An employee of a railroad carrier may

not seek protection under both this section and another provision

of law for the same allegedly unlawful act of the carrier.

(e) Disclosure of Identity. - (1) Except as provided in paragraph

(2) of this subsection, or with the written consent of the

employee, the Secretary of Transportation may not disclose the name

of an employee of a railroad carrier who has provided information

about an alleged violation of this part or, as applicable to

railroad safety, chapter 51 or 57 of this title or a regulation

prescribed or order issued under any of those provisions.

(2) The Secretary shall disclose to the Attorney General the name

of an employee described in paragraph (1) of this subsection if the

matter is referred to the Attorney General for enforcement.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20109(a) 45:441(a). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

212(a)-(c)(1), (d); added

Oct. 10, 1980, Pub. L.

96-423, Sec. 10, 94 Stat.

1815.

45:441(e). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

212(e); added Oct. 10, 1980,

Pub. L. 96-423, Sec. 10, 94

Stat. 1815; Sept. 3, 1992,

Pub. L. 102-365, Sec. 5(b),

106 Stat. 975.

20109(b) 45:441(b).

20109(c) 45:441(c)(1).

45:441(c)(2). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

212(c)(2); added Oct. 10,

1980, Pub. L. 96-423, Sec.

10, 94 Stat. 1815; restated

June 22, 1988, Pub. L.

100-342, Sec. 5(a), 102

Stat. 627.

20109(d) 45:441(d).

20109(e) 45:441(e).

45:441(f). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

212(f); added June 22, 1988,

Pub. L. 100-342, Sec. 5(b),

102 Stat. 627.

--------------------------------------------------------------------

In subsections (a) and (b), the words "railroad carrier" are

substituted for "common carrier by railroad" because of the

definition of "railroad carrier" in section 20102 of the revised

title.

In subsection (a)(1), the words "under or" are omitted as

surplus.

In subsection (b)(1)(B), before subclause (i), the words "the

hazardous condition is of such a nature that" are omitted as

surplus. The word "individual" is substituted for "person" as being

more appropriate. In subclause (ii), the words "resort to" are

omitted as surplus.

In subsection (b)(1)(C), the words "his apprehension of" are

omitted as surplus.

In subsection (b)(2), the words "by a carrier . . . transported

by railroad" are substituted for "by a railroad . . . transported

by such railroad" for consistency in the revised title.

Subsection (d) is substituted for 45:441(d) for clarity and to

eliminate unnecessary words.

Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate

unnecessary words.

-End-

-CITE-

49 USC Sec. 20110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20110. Effect on employee qualifications and collective

bargaining

-STATUTE-

This chapter does not -

(1) authorize the Secretary of Transportation to prescribe

regulations and issue orders related to qualifications of

employees, except qualifications specifically related to safety;

or

(2) prohibit the bargaining representatives of railroad

carriers and their employees from making collective bargaining

agreements under the Railway Labor Act (45 U.S.C. 151 et seq.),

including agreements related to qualifications of employees, that

are not inconsistent with regulations prescribed and orders

issued under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20110 45:431(a) (2d, last Oct. 16, 1970, Pub. L.

sentences). 91-458, Sec. 202(a) (2d,

last sentences), 84 Stat.

971.

--------------------------------------------------------------------

In clause (2), the words "railroad carriers" are substituted for

"common carriers" for consistency in this part.

-REFTEXT-

REFERENCES IN TEXT

The Railway Labor Act, referred to in par. (2), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

-End-

-CITE-

49 USC Sec. 20111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20111. Enforcement by the Secretary of Transportation

-STATUTE-

(a) Exclusive Authority. - The Secretary of Transportation has

exclusive authority -

(1) to impose and compromise a civil penalty for a violation of

a railroad safety regulation prescribed or order issued by the

Secretary;

(2) except as provided in section 20113 of this title, to

request an injunction for a violation of a railroad safety

regulation prescribed or order issued by the Secretary; and

(3) to recommend appropriate action be taken under section

20112(a) of this title.

(b) Compliance Orders. - The Secretary may issue an order

directing compliance with this part or with a railroad safety

regulation prescribed or order issued under this part.

(c) Orders Prohibiting Individuals From Performing

Safety-Sensitive Functions. - If an individual's violation of this

chapter or any of the laws transferred to the jurisdiction of the

Secretary of Transportation by subsection (e)(1), (2), and (6)(A)

of section 6 of the Department of Transportation Act, as in effect

on June 1, 1994, or a regulation prescribed or order issued by the

Secretary under this chapter is shown to make that individual unfit

for the performance of safety-sensitive functions, the Secretary,

after notice and opportunity for a hearing, may issue an order

prohibiting the individual from performing safety-sensitive

functions in the railroad industry for a specified period of time

or until specified conditions are met. This subsection does not

affect the Secretary's authority under section 20104 of this title

to act on an emergency basis.

(d) Regulations Requiring Reporting of Remedial Actions. - (1)

The Secretary shall prescribe regulations to require that a

railroad carrier notified by the Secretary that imposition of a

civil penalty will be recommended for a failure to comply with this

part, chapter 51 or 57 of this title, or a regulation prescribed or

order issued under any of those provisions, shall report to the

Secretary, not later than the 30th day after the end of the month

in which the notification is received -

(A) actions taken to remedy the failure; or

(B) if appropriate remedial actions cannot be taken by that

30th day, an explanation of the reasons for the delay.

(2) The Secretary -

(A) not later than June 3, 1993, shall issue a notice of a

regulatory proceeding for proposed regulations to carry out this

subsection; and

(B) not later than September 3, 1994, shall prescribe final

regulations to carry out this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868; Pub. L.

103-440, title II, Sec. 205, Nov. 2, 1994, 108 Stat. 4620.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20111(a) 45:435(a) (last Oct. 16, 1970, Pub. L.

sentence). 91-458, Sec. 206(a) (last

sentence), 84 Stat. 973;

Nov. 16, 1990, Pub. L.

101-615, Sec. 28(a)(4), 104

Stat. 3276.

20111(b) 45:437(a) (2d Oct. 16, 1970, Pub. L.

sentence). 91-458, 84 Stat. 971, Sec.

208(a) (2d sentence); added

Jan. 3, 1975, Pub. L.

93-633, Sec. 206, 88 Stat.

2166; June 22, 1988, Pub. L.

100-342, Sec. 8, 102 Stat.

628.

45:437(d)(1) (last Oct. 16, 1970, Pub. L.

sentence). 91-458, 84 Stat. 971, Sec.

208(d)(1) (last sentence);

added Oct. 10, 1980, Pub. L.

96-423, Sec. 6(b), 94 Stat.

1814.

20111(c) 45:438(f). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

209(f); added June 22, 1988,

Pub. L. 100-342, Sec.

3(a)(4), 102 Stat. 625.

20111(d) 45:437 (note). Sept. 3, 1992, Pub. L.

102-365, Sec. 3, 106 Stat.

972.

--------------------------------------------------------------------

In this section, the word "impose" is substituted for "assess"

for consistency.

In subsection (b), the word "further" is omitted as surplus.

In subsection (d), the words "this part, chapter 51 or 57 of this

title" are substituted for "the Federal railroad safety laws, as

such term is defined in section 441(e) of this title" because

45:441(e) is not restated as a definition.

-REFTEXT-

REFERENCES IN TEXT

Section 6 of the Department of Transportation Act, referred to in

subsec. (c), is section 6 of Pub. L. 89-670, which was classified

to section 1655 of former Title 49, Transportation. Section 6 was

repealed and the provisions thereof reenacted in Title 49,

Transportation, by Pub. L. 103-272, July 5, 1994, 108 Stat. 745.

For disposition of sections of former Title 49, see Table at the

beginning of Title 49.

-MISC2-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-440 inserted "this chapter or any

of the laws transferred to the jurisdiction of the Secretary of

Transportation by subsection (e)(1), (2), and (6)(A) of section 6

of the Department of Transportation Act, as in effect on June 1,

1994, or" after "individual's violation of".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 20112 of this title.

-End-

-CITE-

49 USC Sec. 20112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20112. Enforcement by the Attorney General

-STATUTE-

(a) Civil Actions. - At the request of the Secretary of

Transportation, the Attorney General may bring a civil action in a

district court of the United States -

(1) to enjoin a violation of, or to enforce, a railroad safety

regulation prescribed or order issued by the Secretary;

(2) to collect a civil penalty imposed or an amount agreed on

in compromise under section 21301 of this title; or

(3) to enforce a subpena issued by the Secretary under this

chapter.

(b) Venue. - (1) Except as provided in paragraph (2) of this

subsection, a civil action under this section may be brought in the

judicial district in which the violation occurred or the defendant

has its principal executive office. If an action to collect a

penalty is against an individual, the action also may be brought in

the judicial district in which the individual resides.

(2) A civil action to enforce a subpena issued by the Secretary

or a compliance order issued under section 20111(b) of this title

may be brought in the judicial district in which the defendant

resides, does business, or is found.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20112(a) 45:437(a) (last Oct. 16, 1970, Pub. L.

sentence related to 91-458, 84 Stat. 971, Sec.

authority to bring 208(a) (last sentence);

actions). added June 22, 1988, Pub. L.

100-342, Sec. 8, 102 Stat.

628.

45:437(d)(2). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

208(d)(2); added Oct. 10,

1980, Pub. L. 96-423, Sec.

6(b), 94 Stat. 1814.

45:438(c) (4th Oct. 16, 1970, Pub. L.

sentence related to 91-458, Sec. 209(c) (4th

authority to bring sentence), 84 Stat. 975;

actions). Oct. 10, 1980, Pub. L.

96-423, Sec. 8(a), 94 Stat.

1814; June 22, 1988, Pub. L.

100-342, Sec. 3(a)(3)(A),

(B), 102 Stat. 624.

45:439(a) (related Oct. 16, 1970, Pub. L.

to actions by 91-458, Sec. 210(a) (related

Attorney General). to actions by Attorney

General), 84 Stat. 975; Oct.

10, 1980, Pub. L. 96-423,

Sec. 9(a), 94 Stat. 1814;

Nov. 16, 1990, Pub. L.

101-615, Sec. 28(f), 104

Stat. 3277.

20112(b)(1) 45:438(c) (4th

sentence related to

venue).

45:439(c) (related Oct. 16, 1970, Pub. L.

to actions by 91-458, 84 Stat. 971, Sec.

Attorney General). 210(c) (related to actions

by Attorney General); added

Oct. 10, 1980, Pub. L.

96-423, Sec. 9(b), 94 Stat.

1815.

20112(b)(2) 45:437(a) (last

sentence related to

venue).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "At the request

of the Secretary of Transportation" are substituted for "at the

request of the Secretary" in 45:439(a), and are made applicable to

all of the source provisions restated in this subsection, for

clarity and consistency. The words "at the request of the

Secretary" in 45:439(a) are interpreted and restated to mean that

the Secretary's request is to the Attorney General rather than to

the district court. See H.R. Rept. No. 91-1194, 91st Cong., 2d

Sess., p. 20 (1970). The words "the Attorney General may bring a

civil action in a district court of the United States" are

substituted for "such district court shall have jurisdiction, upon

petition by the Attorney General" in 45:437(a) (last sentence),

"The district courts of the United States shall have jurisdiction,

upon petition by the Attorney General" in 45:437(d)(2), and "The

United States district court shall . . . upon petition by the

Attorney General on behalf of the United States . . . have

jurisdiction" in 45:439(a) for clarity and consistency. It is not

necessary to restate that the district court has jurisdiction

because of 28:1331 and 1345. See also the statement of Senator

Prouty in 115 Cong. Rec. 40205 (1969) explaining that similar

language in section 110 of S. 1933, 91st Cong., 1st Sess. (the

derivative source for 45:439) would grant the Attorney General the

power to seek injunctions. Clauses (1)-(3) are substituted for the

source provisions to eliminate unnecessary words. In clause (1),

the words "subject to the provisions of rules 65(a) and (b) of the

Federal Rules of Civil Procedure" in 45:439(a) are omitted as

surplus because the Federal Rules of Civil Procedure (28 App.

U.S.C.) apply in the district court unless otherwise provided. In

clause (2), the words "or an amount agreed on in compromise" are

added for clarity.

In subsection (b)(1), the text of 45:439(c) (words before 1st

comma) is omitted because it applies only to actions brought by a

State authority. See discussion of the cross-reference in the note

for section 20113(c) of the revised title. The last sentence is

substituted for "in which the individual resides" in 45:438(c)

because of the restatement.

In subsection (b)(2), the words "compliance order issued under

section 20111(b) of this title" are substituted for "order, or

directive" because the latter words are interpreted as referring to

"orders directing compliance" in 45:437(a) (2d sentence), restated

in section 20111(b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20111, 20113 of this

title.

-End-

-CITE-

49 USC Sec. 20113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20113. Enforcement by the States

-STATUTE-

(a) Injunctive Relief. - If the Secretary of Transportation does

not begin a civil action under section 20112 of this title to

enjoin the violation of a railroad safety regulation prescribed or

order issued by the Secretary not later than 15 days after the date

the Secretary receives notice of the violation and a request from a

State authority participating in investigative and surveillance

activities under section 20105 of this title that the action be

brought, the authority may bring a civil action in a district court

of the United States to enjoin the violation. This subsection does

not apply if the Secretary makes an affirmative written finding

that the violation did not occur or that the action is not

necessary because of other enforcement action taken by the

Secretary related to the violation.

(b) Imposition and Collection of Civil Penalties. - If the

Secretary does not impose the applicable civil penalty for a

violation of a railroad safety regulation prescribed or order

issued by the Secretary not later than 60 days after the date of

receiving notice from a State authority participating in

investigative and surveillance activities under section 20105 of

this title, the authority may bring a civil action in a district

court of the United States to impose and collect the penalty. This

paragraph does not apply if the Secretary makes an affirmative

written finding that the violation did not occur.

(c) Venue. - A civil action under this section may be brought in

the judicial district in which the violation occurred or the

defendant has its principal executive office. However, a State

authority may not bring an action under this section outside the

State.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20113(a) 45:436(b)(1) Oct. 16, 1970, Pub. L.

(related to 91-458, Sec. 207(b), (c), 84

authority to bring Stat. 974; Nov. 2, 1978,

actions), (2). Pub. L. 95-574, Sec. 8, 92

Stat. 2461; restated Oct.

10, 1980, Pub. L. 96-423,

Sec. 5, 94 Stat. 1812.

45:439(a) (related Oct. 16, 1970, Pub. L.

to actions by 91-458, Sec. 210(a) (related

States). to actions by States), 84

Stat. 975; Oct. 10, 1980,

Pub. L. 96-423, Sec. 9(a),

94 Stat. 1814; Nov. 16,

1990, Pub. L. 101-615, Sec.

28(f), 104 Stat. 3277.

20113(b) 45:436(a)(1) Oct. 16, 1970, Pub. L.

(related to 91-458, Sec. 207(a), 84

authority to bring Stat. 974; Nov. 2, 1978,

actions), (2). Pub. L. 95-574, Sec. 8, 92

Stat. 2461; restated Oct.

10, 1980, Pub. L. 96-423,

Sec. 5, 94 Stat. 1812; Nov.

16, 1990, Pub. L. 101-615,

Sec. 28(e), 104 Stat. 3277.

20113(c) 45:436(a)(1)

(related to venue),

(b)(1) (related to

venue), (c).

45:439(c) (related Oct. 16, 1970, Pub. L.

to actions by 91-458, 84 Stat. 971, Sec.

States). 210(c) (related to actions

by States); added Oct. 10,

1980, Pub. L. 96-423, Sec.

9(b), 94 Stat. 1815.

--------------------------------------------------------------------

In subsection (a), the language about jurisdiction in 45:439(a)

(related to actions by States) is omitted for the reasons explained

in the revision note for section 20112(a) of the revised title.

In subsection (b), the word "impose" is substituted for "assess"

for consistency. The words "the authority may bring a civil action

in an appropriate district court of the United States" are

substituted for "agency may apply to the United States district

court" for consistency in the revised title and with other titles

of the United States Code. The words "included in or made

applicable to such rule, regulation, order, or standard" are

omitted as surplus.

In subsection (c), the reference to "section 207(d)" in section

210(c) of the Federal Railroad Safety Act of 1970 (Public Law

91-458, 84 Stat. 971), as added by section 9(b) of the Federal

Railroad Safety Authorization Act of 1980 (Public Law 96-423, 94

Stat. 1815), is assumed to have been intended as a reference to

section 207(c). The Federal Railroad Safety Authorization Act of

1980 was derived from S. 2730, which in turn was derived from H.R.

7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier

version of H.R. 7104 was redesignated as section 207(c) during the

legislative process and no section 207(d) was enacted. See H.R.

Rept. No. 96-1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20111, 21301 of this

title.

-End-

-CITE-

49 USC Sec. 20114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20114. Judicial procedures

-STATUTE-

(a) Criminal Contempt. - In a trial for criminal contempt for

violating an injunction or restraining order issued under this

chapter, the violation of which is also a violation of this

chapter, the defendant may demand a jury trial. The defendant shall

be tried as provided in rule 42(b) of the Federal Rules of Criminal

Procedure (18 App. U.S.C.).

(b) Subpenas For Witnesses. - A subpena for a witness required to

attend a district court of the United States in an action brought

under this chapter may be served in any judicial district.

(c) Review of Agency Action. - Except as provided in section

20104(c) of this title, a proceeding to review a final action of

the Secretary of Transportation under this part or, as applicable

to railroad safety, chapter 51 or 57 of this title shall be brought

in the appropriate court of appeals as provided in chapter 158 of

title 28.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20114(a) 45:439(b). Oct. 16, 1970, Pub. L.

91-458, Secs. 209(d),

210(b), 84 Stat. 975, 976.

20114(b) 45:438(d).

20114(c) 45:431(f). Oct. 16, 1970, Pub. L.

91-458, Sec. 202(f), 84

Stat. 972; restated Sept. 3,

1992, Pub. L. 102-365, Sec.

5(a)(1), 106 Stat. 975.

--------------------------------------------------------------------

In subsection (a), the words "the defendant may demand a jury

trial" are substituted for "trial shall be by the court, or, upon

demand of the accused, by a jury" to eliminate unnecessary words

and for consistency in the revised title.

In subsection (b), the words "may be served in any judicial

district" are substituted for "may run into any other district" for

clarity.

In subsection (c), the words "a final action of the Secretary"

are substituted for "Any final agency action taken by the

Secretary" to eliminate unnecessary words. The words "this part or,

as applicable to railroad safety, chapter 51 or 57 of this title"

are substituted for "this subchapter or under any of the other

Federal railroad safety laws, as defined in section 441(e) of this

title" because of the restatement. The words "is subject to

judicial review as provided in chapter 7 of title 5" are omitted as

unnecessary because 5:ch. 7 applies unless otherwise stated. The

words "by and in the manner prescribed" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 2342.

-End-

-CITE-

49 USC Sec. 20115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20115. User fees

-STATUTE-

(a) Schedule of Fees. - The Secretary of Transportation shall

prescribe by regulation a schedule of fees for railroad carriers

subject to this chapter. The fees -

(1) shall cover the costs of carrying out this chapter (except

section 20108(a));

(2) shall be imposed fairly on the railroad carriers, in

reasonable relationship to an appropriate combination of criteria

such as revenue ton-miles, track miles, passenger miles, or other

relevant factors; and

(3) may not be based on that part of industry revenues

attributable to a railroad carrier or class of railroad carriers.

(b) Collection Procedures. - The Secretary shall prescribe

procedures to collect the fees. The Secretary may use the services

of a department, agency, or instrumentality of the United States

Government or of a State or local authority to collect the fees,

and may reimburse the department, agency, or instrumentality a

reasonable amount for its services.

(c) Collection, Deposit, and Use. - (1) The Secretary shall

impose and collect fees under this section for each fiscal year

before the end of the fiscal year.

(2) Fees collected under this section shall be deposited in the

general fund of the Treasury as offsetting receipts. The fees may

be used, to the extent provided in advance in an appropriation law,

only to carry out this chapter.

(3) Fees prescribed under this section shall be imposed in an

amount sufficient to pay for the costs of activities under this

chapter. However, the total fees received for a fiscal year may not

be more than 105 percent of the total amount of the appropriations

for the fiscal year for activities to be financed by the fees.

(d) Annual Report. - (1) Not later than 90 days after the end of

each fiscal year in which fees are collected under this section,

the Secretary shall report to Congress on -

(A) the amount of fees collected during that fiscal year;

(B) the impact of the fees on the financial health of the

railroad industry and its competitive position relative to each

competing mode of transportation; and

(C) the total cost of Government safety activities for each

other competing mode of transportation, including any part of

that total cost defrayed by Government user fees.

(2) Not later than 90 days after submitting a report for a fiscal

year, the Secretary shall submit to Congress recommendations for

corrective legislation if the report includes a finding that -

(A) there has been an impact from the fees on the financial

health of the railroad industry or its competitive position

relative to each competing mode of transportation; or

(B) there is a significant difference in the burden of

Government user fees on the railroad industry and other competing

modes of transportation.

(e) Expiration. - This section expires on September 30, 1995.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20115(a) 45:447(a)(1), (3). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

216; added Nov. 5, 1990,

Pub. L. 101-508, Sec.

10501(a), 104 Stat. 1388-399.

20115(b) 45:447(a)(2).

20115(c) 45:447(b)-(d).

20115(d) 45:447(e).

20115(e) 45:447(f).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "after notice and

comment" are omitted as unnecessary because of 5:553.

In subsection (c), the words "beginning on March 1, 1991" are

omitted as obsolete.

-End-

-CITE-

49 USC Sec. 20116 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

[Sec. 20116. Repealed. Pub. L. 104-66, title I, Sec. 1121(g)(1),

Dec. 21, 1995, 109 Stat. 724]

-MISC1-

Section, added Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 871; amended Pub. L. 103-440, title II, Sec. 206(a), Nov. 2,

1994, 108 Stat. 4620, related to biennial safety reports.

-End-

-CITE-

49 USC Sec. 20117 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 20117. Authorization of appropriations

-STATUTE-

(a) General. - (1) Not more than the following amounts may be

appropriated to the Secretary of Transportation to carry out this

chapter:

(A) $68,283,000 for the fiscal year ending September 30, 1993.

(B) $71,690,000 for the fiscal year ending September 30, 1994.

(C) $68,289,000 for fiscal year 1995.

(D) $75,112,000 for fiscal year 1996.

(E) $82,563,000 for fiscal year 1997.

(F) $90,739,000 for fiscal year 1998.

(2) Not more than $5,000,000 may be appropriated to the Secretary

for the fiscal year ending September 30, 1993, to carry out section

20105 of this title.

(b) Grade Crossing Safety. - Not more than $1,000,000 may be

appropriated to the Secretary for improvements in grade crossing

safety, except demonstration projects under section 20134(c) of

this title. Amounts appropriated under this subsection remain

available until expended.

(c) Research and Development, Automated Track Inspection, and

State Participation Grants. - Amounts appropriated under this

section for research and development, automated track inspection,

and grants under section 20105(e) of this title remain available

until expended.

(d) Minimum Available for Certain Purposes. - At least 50 percent

of the amounts appropriated to the Secretary for a fiscal year to

carry out railroad research and development programs under this

chapter or another law shall be available for safety research,

improved track inspection and information acquisition technology,

improved railroad freight transportation, and improved railroad

passenger systems.

(e) Operation Lifesaver. - In addition to amounts otherwise

authorized by law, there are authorized to be appropriated for

railroad research and development $300,000 for fiscal year 1995,

$500,000 for fiscal year 1996, and $750,000 for fiscal year 1997,

to support Operation Lifesaver, Inc.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 872; Pub. L.

103-440, title II, Secs. 202, 218, Nov. 2, 1994, 108 Stat. 4619,

4625.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20117(a)(1) 45:444(a) (1st Oct. 16, 1970, Pub. L.

sentence). 91-458, 84 Stat. 971, Sec.

214(a) (1st sentence); added

Oct. 10, 1980, Pub. L.

96-423, Sec. 2, 94 Stat.

1811; Aug. 13, 1981, Pub. L.

97-35, Sec. 1195, 95 Stat.

702; Jan. 14, 1983, Pub. L.

97-468, Sec. 703, 96 Stat.

2580; restated June 22,

1988, Pub. L. 100-342, Sec.

2, 102 Stat. 624; Nov. 5,

1990, Pub. L. 101-508, Sec.

10501(b), 104 Stat.

1388-400; restated Sept. 3,

1992, Pub. L. 102-365, Sec.

12, 106 Stat. 980.

20117(a)(2) 45:435(h). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

206(h); Nov. 16, 1990, Pub.

L. 101-615, Sec. 28(d), 104

Stat. 3277.

20117(b) 45:445(c). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

215(c); added June 22, 1988,

Pub. L. 100-342, Sec. 20,

102 Stat. 638.

20117(c) 45:444(b). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

214(b); added Oct. 10, 1980,

Pub. L. 96-423, Sec. 2, 94

Stat. 1811; Jan. 14, 1983,

Pub. L. 97-468, Sec. 703, 96

Stat. 2580; restated June

22, 1988, Pub. L. 100-342,

Sec. 2, 102 Stat. 624.

20117(d) 45:442. Nov. 2, 1978, Pub. L.

95-574, Sec. 3, 92 Stat.

2459.

--------------------------------------------------------------------

In subsection (a), references to fiscal years prior to 1993 are

omitted as obsolete.

AMENDMENTS

1994 - Subsec. (a)(1)(C) to (F). Pub. L. 103-440, Sec. 202, added

subpars. (C) to (F).

Subsec. (e). Pub. L. 103-440, Sec. 218, added subsec. (e).

-End-

-CITE-

49 USC SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-End-

-CITE-

49 USC Sec. 20131 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20131. Restricted access to rolling equipment

-STATUTE-

The Secretary of Transportation shall prescribe regulations and

issue orders that may be necessary to require that when railroad

carrier employees (except train or yard crews) assigned to inspect,

test, repair, or service rolling equipment have to work on, under,

or between that equipment, every manually operated switch,

including each crossover switch, providing access to the track on

which the equipment is located is lined against movement to that

track and secured by an effective locking device that can be

removed only by the class or craft of employees performing the

inspection, testing, repair, or service.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 872.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20131 45:431(g) (1st Oct. 16, 1970, Pub. L.

sentence cl. (1)). 91-458, 84 Stat. 971, Sec.

202(g) (1st sentence cl.

(1)); added July 8, 1976,

Pub. L. 94-348, Sec. 5(b),

90 Stat. 820.

--------------------------------------------------------------------

The words "within 180 days after July 8, 1976" are omitted as

expired.

-End-

-CITE-

49 USC Sec. 20132 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20132. Visible markers for rear cars

-STATUTE-

(a) General. - The Secretary of Transportation shall prescribe

regulations and issue orders that may be necessary to require that

-

(1) the rear car of each passenger and commuter train has at

least one highly visible marker that is lighted during darkness

and when weather conditions restrict clear visibility; and

(2) the rear car of each freight train has highly visible

markers during darkness and when weather conditions restrict

clear visibility.

(b) Preemption. - Notwithstanding section 20106 of this title,

subsection (a) of this section does not prohibit a State from

continuing in force a law, regulation, or order in effect on July

8, 1976, related to lighted markers on the rear car of a freight

train except to the extent it would cause the car to be in

violation of this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20132(a) 45:431(g) (1st Oct. 16, 1970, Pub. L.

sentence cls. (2), 91-458, 84 Stat. 971, Sec.

(3)). 202(g) (1st sentence cls.

(2), (3), last sentence);

added July 8, 1976, Pub. L.

94-348, Sec. 5(b), 90 Stat.

820.

20132(b) 45:431(g) (last

sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "within 180 days

after July 8, 1976" are omitted as expired.

-End-

-CITE-

49 USC Sec. 20133 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20133. Passenger cars

-STATUTE-

(a) Minimum Standards. - The Secretary of Transportation shall

prescribe regulations establishing minimum standards for the safety

of cars used by railroad carriers to transport passengers. Before

prescribing such regulations, the Secretary shall consider -

(1) the crashworthiness of the cars;

(2) interior features (including luggage restraints, seat

belts, and exposed surfaces) that may affect passenger safety;

(3) maintenance and inspection of the cars;

(4) emergency response procedures and equipment; and

(5) any operating rules and conditions that directly affect

safety not otherwise governed by regulations.

The Secretary may make applicable some or all of the standards

established under this subsection to cars existing at the time the

regulations are prescribed, as well as to new cars, and the

Secretary shall explain in the rulemaking document the basis for

making such standards applicable to existing cars.

(b) Initial and Final Regulations. - (1) The Secretary shall

prescribe initial regulations under subsection (a) within 3 years

after November 2, 1994. The initial regulations may exempt

equipment used by tourist, historic, scenic, and excursion railroad

carriers to transport passengers.

(2) The Secretary shall prescribe final regulations under

subsection (a) within 5 years after November 2, 1994.

(c) Personnel. - The Secretary may establish within the

Department of Transportation 2 additional full-time equivalent

positions beyond the number permitted under existing law to assist

with the drafting, prescribing, and implementation of regulations

under this section.

(d) Consultation. - In prescribing regulations, issuing orders,

and making amendments under this section, the Secretary may consult

with Amtrak, public authorities operating railroad passenger

service, other railroad carriers transporting passengers,

organizations of passengers, and organizations of employees. A

consultation is not subject to the Federal Advisory Committee Act

(5 U.S.C. App.), but minutes of the consultation shall be placed in

the public docket of the regulatory proceeding.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L.

103-440, title II, Sec. 215(a), Nov. 2, 1994, 108 Stat. 4623; Pub.

L. 104-287, Sec. 5(47), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20133(a) 45:431(h)(1)(A) Oct. 16, 1970, Pub. L.

(1st, last 91-458, 84 Stat. 971, Sec.

sentences), (B), 202(h); added Oct. 10, 1980,

(4). Pub. L. 96-423, Sec. 14, 94

Stat. 1817; Jan. 14, 1983,

Pub. L. 97-468, Sec. 702(a),

96 Stat. 2579.

20133(b) 45:431(h)(1)(A)

(2d, 3d sentences),

(2).

20133(c) 45:431(h)(3).

--------------------------------------------------------------------

In subsection (a), the words "within one year after January 14,

1983" and "initial" are omitted as obsolete. The text of

45:431(h)(1)(B) is omitted as executed. The words "after a hearing

in accordance with subsection (b) of this section" are omitted as

surplus because of section 20103(e) of the revised title.

In subsections (b) and (c), the word "subsequent" is omitted as

surplus.

In subsection (c), the word "Amtrak" is substituted for "National

Railroad Passenger Corporation" for consistency in this subtitle.

The word "regulatory" is substituted for "rulemaking" for

consistency in the revised title.

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (d),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-287, Sec. 5(47)(A),

substituted "November 2, 1994" for "the date of enactment of the

Federal Railroad Safety Authorization Act of 1994".

Subsec. (b)(2). Pub. L. 104-287, Sec. 5(47)(B), substituted

"November 2, 1994" for "such date of enactment".

1994 - Pub. L. 103-440 amended section generally, substituting

present provisions for provisions requiring the Secretary to take

administrative action to ensure that the construction, operation,

and maintenance of passenger rail equipment maximize the safety of

passengers, and providing for areas of consideration and

concentration, as well as consultation with Amtrak.

-End-

-CITE-

49 USC Sec. 20134 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20134. Grade crossings and railroad rights of way

-STATUTE-

(a) General. - To the extent practicable, the Secretary of

Transportation shall maintain a coordinated effort to develop and

carry out solutions to the railroad grade crossing problem and

measures to protect pedestrians in densely populated areas along

railroad rights of way. To carry out this subsection, the Secretary

may use the authority of the Secretary under this chapter and over

highway, traffic, and motor vehicle safety and over highway

construction.

(b) Signal Systems and Other Devices. - Not later than June 22,

1989, the Secretary shall prescribe regulations and issue orders to

ensure the safe maintenance, inspection, and testing of signal

systems and devices at railroad highway grade crossings.

(c) Demonstration Projects. - (1) The Secretary shall establish

demonstration projects to evaluate whether accidents and incidents

involving trains would be reduced by -

(A) reflective markers installed on the road surface or on a

signal post at railroad grade crossings;

(B) stop signs or yield signs installed at grade crossings; and

(C) speed bumps or rumble strips installed on the road surfaces

at the approaches to grade crossings.

(2) Not later than June 22, 1990, the Secretary shall submit a

report on the results of the demonstration projects to the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L.

104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20134(a) 45:433(b). Oct. 16, 1970, Pub. L.

91-458, Sec. 204(b), 84

Stat. 972.

20134(b) 45:431(q). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Secs.

202(q), 215(a), (b); added

June 22, 1988, Pub. L.

100-342, Secs. 20, 23, 102

Stat. 638, 639; Sept. 3,

1992, Pub. L. 102-365, Sec.

2(4), 106 Stat. 972.

20134(c) 45:445(a), (b).

--------------------------------------------------------------------

In subsection (a), the words "In addition" are omitted as

surplus. The word "maintain" is substituted for "undertake" for

clarity because the effort has begun. The words "the objective of"

are omitted as surplus. The words "To carry out this section, the

Secretary may use" are added for clarity.

In subsection (b), the words "Not later than June 22, 1989" are

substituted for "within one year after June 22, 1988" for clarity.

In subsection (c)(1), before clause (A), and (2), the word

"Secretary" is substituted for "Federal Railroad Administration"

for clarity and consistency in the revised title. In this

restatement, the Secretary of Transportation carries out all laws.

However, this subsection is based on source provisions that provide

that the Federal Railroad Administration carries out the

subsection. A cross-reference to this subsection has been included

in 49:103 to preserve duties and powers under this subsection to

the Administrator of the Federal Railroad Administration.

In subsection (c)(1), before clause (A), the words "and

incidents" are added for consistency in this part.

AMENDMENTS

1996 - Subsec. (c)(2). Pub. L. 104-287 substituted "Committee on

Transportation and Infrastructure" for "Committee on Energy and

Commerce".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 20117 of this title.

-End-

-CITE-

49 USC Sec. 20135 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20135. Licensing or certification of locomotive operators

-STATUTE-

(a) General. - The Secretary of Transportation shall prescribe

regulations and issue orders to establish a program requiring the

licensing or certification, after one year after the program is

established, of any operator of a locomotive.

(b) Program Requirements. - The program established under

subsection (a) of this section -

(1) shall be carried out through review and approval of each

railroad carrier's operator qualification standards;

(2) shall provide minimum training requirements;

(3) shall require comprehensive knowledge of applicable

railroad carrier operating practices and rules;

(4) except as provided in subsection (c)(1) of this section,

shall require consideration, to the extent the information is

available, of the motor vehicle driving record of each individual

seeking licensing or certification, including -

(A) any denial, cancellation, revocation, or suspension of a

motor vehicle operator's license by a State for cause within

the prior 5 years; and

(B) any conviction within the prior 5 years of an offense

described in section 30304(a)(3)(A) or (B) of this title;

(5) may require, based on the individual's driving record,

disqualification or the granting of a license or certification

conditioned on requirements the Secretary prescribes; and

(6) shall require an individual seeking a license or

certification -

(A) to request the chief driver licensing official of each

State in which the individual has held a motor vehicle

operator's license within the prior 5 years to provide

information about the individual's driving record to the

individual's employer, prospective employer, or the Secretary,

as the Secretary requires; and

(B) to make the request provided for in section 30305(b)(4)

of this title for information to be sent to the individual's

employer, prospective employer, or the Secretary, as the

Secretary requires.

(c) Waivers. - (1) The Secretary shall prescribe standards and

establish procedures for waiving subsection (b)(4) of this section

for an individual or class of individuals who the Secretary decides

are not currently unfit to operate a locomotive. However, the

Secretary may waive subsection (b)(4) for an individual or class of

individuals with a conviction, cancellation, revocation, or

suspension described in paragraph (2)(A) or (B) of this subsection

only if the individual or class, after the conviction,

cancellation, revocation, or suspension, successfully completes a

rehabilitation program established by a railroad carrier or

approved by the Secretary.

(2) If an individual, after the conviction, cancellation,

revocation, or suspension, successfully completes a rehabilitation

program established by a railroad carrier or approved by the

Secretary, the individual may not be denied a license or

certification under subsection (b)(4) of this section because of -

(A) a conviction for operating a motor vehicle when under the

influence of, or impaired by, alcohol or a controlled substance;

or

(B) the cancellation, revocation, or suspension of the

individual's motor vehicle operator's license for operating a

motor vehicle when under the influence of, or impaired by,

alcohol or a controlled substance.

(d) Opportunity for Hearing. - An individual denied a license or

certification or whose license or certification is conditioned on

requirements prescribed under subsection (b)(4) of this section

shall be entitled to a hearing under section 20103(e) of this title

to decide whether the license has been properly denied or

conditioned.

(e) Opportunity to Examine and Comment on Information. - The

Secretary, employer, or prospective employer, as appropriate, shall

make information obtained under subsection (b)(6) of this section

available to the individual. The individual shall be given an

opportunity to comment in writing about the information. Any

comment shall be included in any record or file maintained by the

Secretary, employer, or prospective employer that contains

information to which the comment is related.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 874.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20135(a) 45:431(i)(1). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(i); added June 22, 1988,

Pub. L. 100-342, Secs. 4(a),

7(b), 102 Stat. 625, 628;

Sept. 3, 1992, Pub. L.

102-365, Sec. 2(1), 106

Stat. 972.

20135(b) 45:431(i)(2).

20135(c)(1) 45:431(i)(4).

20135(c)(2) 45:431(i)(6).

20135(d) 45:431(i)(5).

20135(e) 45:431(i)(3).

--------------------------------------------------------------------

In subsection (a), the words "within 12 months after June 22,

1988" are omitted as executed. The words "including any locomotive

engineer" are omitted as surplus. The words "after one year after"

are substituted for "after the expiration of 12 months following"

to eliminate unnecessary words.

In subsection (b)(5), the word "requirements" is substituted for

"terms" for consistency in this section.

In subsection (c)(1), the words "In establishing the program

under this subsection" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 20138 of this title.

-End-

-CITE-

49 USC Sec. 20136 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20136. Automatic train control and related systems

-STATUTE-

The Secretary of Transportation shall prescribe regulations and

issue orders to require that -

(1) an individual performing a test of an automatic train stop,

train control, or cab signal apparatus required by the Secretary

to be performed before entering territory where the apparatus

will be used shall certify in writing that the test was performed

properly; and

(2) the certification required under clause (1) of this section

shall be maintained in the same way and place as the daily

inspection report for the locomotive.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 875; Pub. L.

103-429, Sec. 6(19), Oct. 31, 1994, 108 Stat. 4379.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20136 45:431(j). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(j); added June 22, 1988,

Pub. L. 100-342, Sec. 9, 102

Stat. 628.

--------------------------------------------------------------------

The words "Within 90 days after June 22, 1988" are omitted as

expired.

PUB. L. 103-429

This amends 49:20136(2) to correct an error in the codification

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 875).

AMENDMENTS

1994 - Par. (2). Pub. L. 103-429 substituted "section" for

"subsection".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-End-

-CITE-

49 USC Sec. 20137 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20137. Event recorders

-STATUTE-

(a) Definition. - In this section, "event recorder" means a

device that -

(1) records train speed, hot box detection, throttle position,

brake application, brake operations, and any other function the

Secretary of Transportation considers necessary to record to

assist in monitoring the safety of train operation, such as time

and signal indication; and

(2) is designed to resist tampering.

(b) Regulations and Orders. - Not later than December 22, 1989,

the Secretary shall prescribe regulations and issue orders that may

be necessary to enhance safety by requiring that a train be

equipped with an event recorder not later than one year after the

regulations are prescribed and the orders are issued. However, if

the Secretary finds it is impracticable to equip trains within that

one-year period, the Secretary may extend the period to a date that

is not later than 18 months after the regulations are prescribed

and the orders are issued.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 875.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20137 45:431(m). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(m); added June 22, 1988,

Pub. L. 100-342, Sec. 10,

102 Stat. 629.

--------------------------------------------------------------------

In subsection (b), the words "Not later than December 22, 1989"

are substituted for "within 18 months after June 22, 1988" for

clarity. The words "may extend the period to a date that is not

later than 18 months after the regulations are prescribed and the

orders are issued" are substituted for "may extend the deadline for

compliance with such requirement, but in no event shall such

deadline be extended past 18 months after such rules, regulations,

orders, and standards are issued" to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 20138 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20138. Tampering with safety and operational monitoring

devices

-STATUTE-

(a) General. - The Secretary of Transportation shall prescribe

regulations and issue orders to prohibit the willful tampering

with, or disabling of, any specified railroad safety or operational

monitoring device.

(b) Penalties. - (1) A railroad carrier operating a train on

which a safety or operational monitoring device is tampered with or

disabled in violation of a regulation prescribed or order issued

under subsection (a) of this section is liable to the United States

Government for a civil penalty under section 21301 of this title.

(2) An individual tampering with or disabling a safety or

operational monitoring device in violation of a regulation

prescribed or order issued under subsection (a) of this section, or

knowingly operating or allowing to be operated a train on which

such a device has been tampered with or disabled, is liable for

penalties established by the Secretary. The penalties may include -

(A) a civil penalty under section 21301 of this title;

(B) suspension from work; and

(C) suspension or loss of a license or certification issued

under section 20135 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20138 45:431(o). Oct 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(o); added June 22, 1988,

Pub. L. 100-342, Sec. 21,

102 Stat. 638; Sept. 3,

1992, Pub. L. 102-365, Sec.

2(3), 106 Stat. 972.

--------------------------------------------------------------------

In subsection (a), the words "within 90 days after June 22, 1988"

are omitted as expired.

In subsection (b), the words "by another person" are omitted as

surplus.

-End-

-CITE-

49 USC Sec. 20139 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20139. Maintenance-of-way operations on railroad bridges

-STATUTE-

Not later than June 22, 1989, the Secretary of Transportation

shall prescribe regulations and issue orders for the safety of

maintenance-of-way employees on railroad bridges. The Secretary at

least shall provide in those regulations standards for bridge

safety equipment, including nets, walkways, handrails, and safety

lines, and requirements for the use of vessels when work is

performed on bridges located over bodies of water.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20139 45:431(n). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(n); added June 22, 1988,

Pub. L. 100-342, Sec. 19(a),

102 Stat. 637; Sept. 3,

1992, Pub. L. 102-365, Sec.

2(2), 106 Stat. 972.

--------------------------------------------------------------------

The words "Not later than June 22, 1989" are substituted for

"within one year after June 22, 1988" for clarity.

-End-

-CITE-

49 USC Sec. 20140 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20140. Alcohol and controlled substances testing

-STATUTE-

(a) Definition. - In this section, "controlled substance" means

any substance under section 102 of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the

Secretary of Transportation.

(b) General. - (1) In the interest of safety, the Secretary of

Transportation shall prescribe regulations and issue orders, not

later than October 28, 1992, related to alcohol and controlled

substances use in railroad operations. The regulations shall

establish a program requiring -

(A) a railroad carrier to conduct preemployment, reasonable

suspicion, random, and post-accident testing of all railroad

employees responsible for safety-sensitive functions (as decided

by the Secretary) for the use of a controlled substance in

violation of law or a United States Government regulation, and to

conduct reasonable suspicion, random, and post-accident testing

of such employees for the use of alcohol in violation of law or a

United States Government regulation; the regulations shall permit

such railroad carriers to conduct preemployment testing of such

employees for the use of alcohol; and

(B) when the Secretary considers it appropriate,

disqualification for an established period of time or dismissal

of any employee found -

(i) to have used or been impaired by alcohol when on duty; or

(ii) to have used a controlled substance, whether or not on

duty, except as allowed for medical purposes by law or a

regulation or order under this chapter.

(2) When the Secretary of Transportation considers it appropriate

in the interest of safety, the Secretary may prescribe regulations

and issue orders requiring railroad carriers to conduct periodic

recurring testing of railroad employees responsible for

safety-sensitive functions (as decided by the Secretary) for the

use of alcohol or a controlled substance in violation of law or a

Government regulation.

(c) Testing and Laboratory Requirements. - In carrying out this

section, the Secretary of Transportation shall develop requirements

that shall -

(1) promote, to the maximum extent practicable, individual

privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled

substances, incorporate the Department of Health and Human

Services scientific and technical guidelines dated April 11,

1988, and any amendments to those guidelines, including mandatory

guidelines establishing -

(A) comprehensive standards for every aspect of laboratory

controlled substances testing and laboratory procedures to be

applied in carrying out this section, including standards

requiring the use of the best available technology to ensure

the complete reliability and accuracy of controlled substances

tests and strict procedures governing the chain of custody of

specimens collected for controlled substances testing;

(B) the minimum list of controlled substances for which

individuals may be tested; and

(C) appropriate standards and procedures for periodic review

of laboratories and criteria for certification and revocation

of certification of laboratories to perform controlled

substances testing in carrying out this section;

(3) require that a laboratory involved in controlled substances

testing under this section have the capability and facility, at

the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or a

controlled substance in violation of law or a Government

regulation be confirmed by a scientifically recognized method of

testing capable of providing quantitative information about

alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and

labeled in the presence of the tested individual and that a part

of the specimen be retained in a secure manner to prevent the

possibility of tampering, so that if the individual's

confirmation test results are positive the individual has an

opportunity to have the retained part tested by a 2d confirmation

test done independently at another certified laboratory if the

individual requests the 2d confirmation test not later than 3

days after being advised of the results of the first confirmation

test;

(6) ensure appropriate safeguards for testing to detect and

quantify alcohol in breath and body fluid samples, including

urine and blood, through the development of regulations that may

be necessary and in consultation with the Secretary of Health and

Human Services;

(7) provide for the confidentiality of test results and medical

information (other than information about alcohol or a controlled

substance) of employees, except that this clause does not prevent

the use of test results for the orderly imposition of appropriate

sanctions under this section; and

(8) ensure that employees are selected for tests by

nondiscriminatory and impartial methods, so that no employee is

harassed by being treated differently from other employees in

similar circumstances.

(d) Rehabilitation. - The Secretary of Transportation shall

prescribe regulations or issue orders establishing requirements for

rehabilitation programs that at least provide for the

identification and opportunity for treatment of railroad employees

responsible for safety-sensitive functions (as decided by the

Secretary) in need of assistance in resolving problems with the use

of alcohol or a controlled substance in violation of law or a

Government regulation. The Secretary shall decide on the

circumstances under which employees shall be required to

participate in a program. Each railroad carrier is encouraged to

make such a program available to all of its employees in addition

to employees responsible for safety-sensitive functions. This

subsection does not prevent a railroad carrier from establishing a

program under this subsection in cooperation with another railroad

carrier.

(e) International Obligations and Foreign Laws and Regulations. -

In carrying out this section, the Secretary of Transportation -

(1) shall establish only requirements that are consistent with

international obligations of the United States; and

(2) shall consider applicable laws and regulations of foreign

countries.

(f) Other Regulations Allowed. - This section does not prevent

the Secretary of Transportation from continuing in effect,

amending, or further supplementing a regulation prescribed or order

issued before October 28, 1991, governing the use of alcohol or a

controlled substance in railroad operations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876; Pub. L.

104-59, title III, Sec. 342(b), Nov. 28, 1995, 109 Stat. 609.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20140(a) 45:431(r)(5). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(r); added Oct. 28, 1991,

Pub. L. 102-143, Sec. 4, 105

Stat. 957.

20140(b) 45:431(r)(1)

(1st-3d sentences).

20140(c) 45:431(r)(2).

20140(d) 45:431(r)(3).

20140(e) 45:431(r)(4).

20140(f) 45:431(r)(1) (last

sentence).

--------------------------------------------------------------------

In subsection (b)(1), before clause (A), the words "controlled

substances" are substituted for "drug" for consistency in this

section. In clauses (B) and (C), the word "found" is substituted

for "determined" for consistency in the revised title.

In subsection (c)(3), the words "of any employee" are omitted as

surplus.

In subsection (c)(4), the words "by any employee" are omitted as

surplus.

In subsection (c)(5), the word "tested" is substituted for

"assayed" for consistency. The words "2d confirmation test" are

substituted for "independent test" for clarity and consistency.

AMENDMENTS

1995 - Subsec. (b)(1)(A). Pub. L. 104-59 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "a

railroad carrier to conduct preemployment, reasonable suspicion,

random, and post-accident testing of all railroad employees

responsible for safety-sensitive functions (as decided by the

Secretary) for the use of alcohol or a controlled substance in

violation of law or a United States Government regulation; and".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5331 of this title.

-End-

-CITE-

49 USC Sec. 20141 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20141. Power brake safety

-STATUTE-

(a) Review and Revision of Existing Regulations. - The Secretary

of Transportation shall review existing regulations on railroad

power brakes and, not later than December 31, 1993, revise the

regulations based on safety information presented during the

review. Where applicable, the Secretary shall prescribe regulations

that establish standards on dynamic braking equipment.

(b) 2-Way End-of-Train Devices. - (1) The Secretary shall require

2-way end-of-train devices (or devices able to perform the same

function) on road trains, except locals, road switchers, or work

trains, to enable the initiation of emergency braking from the rear

of a train. The Secretary shall prescribe regulations as soon as

possible, but not later than December 31, 1993, requiring the 2-way

end-of-train devices. The regulations at least shall -

(A) establish standards for the devices based on performance;

(B) prohibit a railroad carrier, on or after the date that is

one year after the regulations are prescribed, from acquiring any

end-of-train device for use on trains that is not a 2-way device

meeting the standards established under clause (A) of this

paragraph;

(C) require that the trains be equipped with 2-way end-of-train

devices meeting those standards not later than 4 years after the

regulations are prescribed; and

(D) provide that any 2-way end-of-train device acquired for use

on trains before the regulations are prescribed shall be deemed

to meet the standards.

(2) The Secretary may consider petitions to amend the regulations

prescribed under paragraph (1) of this subsection to allow the use

of alternative technologies that meet the same basic performance

requirements established by the regulations.

(3) In developing the regulations required by paragraph (1) of

this subsection, the Secretary shall consider information presented

under subsection (a) of this section.

(c) Exclusions. - The Secretary may exclude from regulations

prescribed under subsections (a) and (b) of this section any

category of trains or rail operations if the Secretary decides that

the exclusion is in the public interest and is consistent with

railroad safety. The Secretary shall make public the reasons for

the exclusion. The Secretary at least shall exclude from the

regulations prescribed under subsection (b) -

(1) trains that have manned cabooses;

(2) passenger trains with emergency brakes;

(3) trains that operate only on track that is not part of the

general railroad system;

(4) trains that do not exceed 30 miles an hour and do not

operate on heavy grades, except for any categories of trains

specifically designated by the Secretary; and

(5) trains that operate in a push mode.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 878.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20141(a) 45:431(r)(1), (2). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(r); added Sept. 3, 1992,

Pub. L. 102-365, Sec. 7, 106

Stat. 976.

20141(b) 45:431(r)(3).

20141(c) 45:431(r)(4).

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 20142 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20142. Track safety

-STATUTE-

(a) Review of Existing Regulations. - Not later than March 3,

1993, the Secretary of Transportation shall begin a review of

Department of Transportation regulations related to track safety

standards. The review at least shall include an evaluation of -

(1) procedures associated with maintaining and installing

continuous welded rail and its attendant structure, including

cold weather installation procedures;

(2) the need for revisions to regulations on track excepted

from track safety standards; and

(3) employee safety.

(b) Revision of Regulations. - Not later than September 1, 1995,

the Secretary shall prescribe regulations and issue orders to

revise track safety standards, considering safety information

presented during the review under subsection (a) of this section

and the report of the Comptroller General submitted under

subsection (c) of this section.

(c) Comptroller General's Study and Report. - The Comptroller

General shall study the effectiveness of the Secretary's

enforcement of track safety standards, with particular attention to

recent relevant railroad accident experience and information. Not

later than September 3, 1993, the Comptroller General shall submit

a report to Congress and the Secretary on the results of the study,

with recommendations for improving enforcement of those standards.

(d) Identification of Internal Rail Defects. - In carrying out

subsections (a) and (b), the Secretary shall consider whether or

not to prescribe regulations and issue orders concerning -

(1) inspection procedures to identify internal rail defects,

before they reach imminent failure size, in rail that has

significant shelling; and

(2) any specific actions that should be taken when a rail

surface condition, such as shelling, prevents the identification

of internal defects.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 879; Pub. L.

103-440, title II, Sec. 208, Nov. 2, 1994, 108 Stat. 4621.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20142(a) 45:431(s)(1) (1st Oct. 16, 1970, Pub. L.

sentence), (2). 91-458, 84 Stat. 971, Sec.

202(s); added Sept. 3, 1992,

Pub. L. 102-365, Sec. 8, 106

Stat. 976.

20142(b) 45:431(s)(1) (last

sentence).

20142(c) 45:431(s)(3).

--------------------------------------------------------------------

In subsection (c), the word "information" is substituted for

"data" for consistency in the revised title.

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-440, Sec. 208(2), inserted ",

including cold weather installation procedures" after "attendant

structure".

Subsec. (b). Pub. L. 103-440, Sec. 208(1), substituted "September

1, 1995" for "September 3, 1994".

Subsec. (d). Pub. L. 103-440, Sec. 208(3), added subsec. (d).

-End-

-CITE-

49 USC Sec. 20143 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20143. Locomotive visibility

-STATUTE-

(a) Definition. - In this section, "locomotive visibility" means

the enhancement of day and night visibility of the front end unit

of a train, considering in particular the visibility and

perspective of a driver of a motor vehicle at a grade crossing.

(b) Interim Regulations. - Not later than December 31, 1992, the

Secretary of Transportation shall prescribe temporary regulations

identifying ditch, crossing, strobe, and oscillating lights as

temporary locomotive visibility measures and authorizing and

encouraging the installation and use of those lights. Subchapter II

of chapter 5 of title 5 does not apply to a temporary regulation or

to an amendment to a temporary regulation.

(c) Review of Regulations. - The Secretary shall review the

Secretary's regulations on locomotive visibility. Not later than

December 31, 1993, the Secretary shall complete the current

research of the Department of Transportation on locomotive

visibility. In conducting the review, the Secretary shall collect

relevant information from operational experience by rail carriers

using enhanced visibility measures.

(d) Regulatory Proceeding. - Not later than June 30, 1994, the

Secretary shall begin a regulatory proceeding to prescribe final

regulations requiring substantially enhanced locomotive visibility

measures. In the proceeding, the Secretary shall consider at least

-

(1) revisions to the existing locomotive headlight standards,

including standards for placement and intensity;

(2) requiring the use of reflective material to enhance

locomotive visibility;

(3) requiring the use of additional alerting lights, including

ditch, crossing, strobe, and oscillating lights;

(4) requiring the use of auxiliary lights to enhance locomotive

visibility when viewed from the side;

(5) the effect of an enhanced visibility measure on the vision,

health, and safety of train crew members; and

(6) separate standards for self-propelled, push-pull, and

multi-unit passenger operations without a dedicated head end

locomotive.

(e) Final Regulations. - (1) Not later than June 30, 1995, the

Secretary shall prescribe final regulations requiring enhanced

locomotive visibility measures. The Secretary shall require that

not later than December 31, 1997, a locomotive not excluded from

the regulations be equipped with temporary visibility measures

under subsection (b) of this section or the visibility measures the

final regulations require.

(2) In prescribing regulations under paragraph (1) of this

subsection, the Secretary may exclude a category of trains or rail

operations from a specific visibility requirement if the Secretary

decides the exclusion is in the public interest and is consistent

with rail safety, including grade-crossing safety.

(3) A locomotive equipped with temporary visibility measures

prescribed under subsection (b) of this section when final

regulations are prescribed under paragraph (1) of this subsection

is deemed to be complying with the final regulations for 4 years

after the final regulations are prescribed.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 880.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20143(a) 45:431(u)(6). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(u); added Oct. 27, 1992,

Pub. L. 102-533, Sec. 14,

106 Stat. 3522.

20143(b) 45:431(u)(2) (1st,

2d sentences).

20143(c) 45:431(u)(1).

20143(d) 45:431(u)(3).

20143(e)(1) 45:431(u)(5).

20143(e)(2) 45:431(u)(4).

20143(e)(3) 45:431(u)(2) (last

sentence).

--------------------------------------------------------------------

In this section, the word "visibility" is substituted for

"conspicuity" for clarity and consistency in this chapter.

In subsection (a), the words "by means of lighting, reflective

materials, or other means" are omitted as surplus.

In subsection (b), the words "those lights" are substituted for

"such measures" for clarity.

In subsection (c), the word "Secretary's" is substituted for

"Department of Transportation's" because of 49:102(b). The word

"using" is substituted for "having . . . in service" to eliminate

unnecessary words.

In subsection (e)(2) and (3) of this section, the reference is to

paragraph (1) of this subsection, rather than to subsection (d) of

this section, because the regulations are prescribed under

paragraph (1).

In subsection (e)(2), the words "a category" are substituted for

"and category" to correct an apparent mistake in the source

provision. See S. Rept. 102-990, 102d Cong., 2d Sess., p. 18

(1992).

In subsection (e)(3), the word "full" is omitted as surplus.

-End-

-CITE-

49 USC Sec. 20144 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20144. Blue signal protection for on-track vehicles

-STATUTE-

The Secretary of Transportation shall prescribe regulations

applying blue signal protection to on-track vehicles where rest is

provided.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 881.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

20144 (uncodified). June 22, 1988, Pub. L.

100-342, Sec. 19(c), 102

Stat. 638.

--------------------------------------------------------------------

The words "prescribe regulations" are substituted for "within one

year after the date of the enactment of this Act, amend part 218 of

title 49, Code of Federal Regulations" because the regulations to

carry out this section have been prescribed.

-End-

-CITE-

49 USC Sec. 20145 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20145. Report on bridge displacement detection systems

-STATUTE-

Not later than 18 months after November 2, 1994, the Secretary of

Transportation shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives a

report concerning any action that has been taken by the Secretary

on railroad bridge displacement detection systems.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 207(a), Nov. 2, 1994, 108

Stat. 4621; amended Pub. L. 104-287, Sec. 5(48), (49), Oct. 11,

1996, 110 Stat. 3393.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-287 substituted "November 2, 1994" for "the

date of enactment of the Federal Railroad Safety Authorization Act

of 1994" and "Committee on Transportation and Infrastructure" for

"Committee on Energy and Commerce".

-End-

-CITE-

49 USC Sec. 20146 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20146. Institute for Railroad Safety

-STATUTE-

The Secretary of Transportation, in conjunction with a university

or college having expertise in transportation safety, shall

establish, within one year after November 2, 1994, an Institute for

Railroad Safety. The Institute shall research, develop, fund, and

test measures for reducing the number of fatalities and injuries

relevant to railroad operations. There are authorized to be

appropriated to the Secretary $1,000,000 for each of the fiscal

years 1996 through 2000 to fund activities carried out under this

section by the Institute, which shall report at least once each

year on its use of such funds in carrying out such activities and

the results thereof to the Secretary of Transportation and the

Congress.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 210(a), Nov. 2, 1994, 108

Stat. 4621; amended Pub. L. 104-287, Sec. 5(49), Oct. 11, 1996, 110

Stat. 3393.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-287 substituted "November 2, 1994" for "the

date of enactment of the Federal Railroad Safety Authorization Act

of 1994".

-End-

-CITE-

49 USC Sec. 20147 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20147. Warning of civil liability

-STATUTE-

The Secretary of Transportation shall encourage railroad carriers

to warn the public about potential liability for violation of

regulations related to vandalism of railroad signs, devices, and

equipment and to trespassing on railroad property.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 211(a), Nov. 2, 1994, 108

Stat. 4622.)

-End-

-CITE-

49 USC Sec. 20148 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20148. Railroad car visibility

-STATUTE-

(a) Review of Rules. - The Secretary of Transportation shall

conduct a review of the Department of Transportation's rules with

respect to railroad car visibility. As part of this review, the

Secretary shall collect relevant data from operational experience

by railroads having enhanced visibility measures in service.

(b) Regulations. - If the review conducted under subsection (a)

establishes that enhanced railroad car visibility would likely

improve safety in a cost-effective manner, the Secretary shall

initiate a rulemaking proceeding to prescribe regulations requiring

enhanced visibility standards for newly manufactured and

remanufactured railroad cars. In such proceeding the Secretary

shall consider, at a minimum -

(1) visibility of railroad cars from the perspective of

nonrailroad traffic;

(2) whether certain railroad car paint colors should be

prohibited or required;

(3) the use of reflective materials;

(4) the visibility of lettering on railroad cars;

(5) the effect of any enhanced visibility measures on the

health and safety of train crew members; and

(6) the cost/benefit ratio of any new regulations.

(c) Exclusions. - In prescribing regulations under subsection

(b), the Secretary may exclude from any specific visibility

requirement any category of trains or railroad operations if the

Secretary determines that such an exclusion is in the public

interest and is consistent with railroad safety.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 212(a), Nov. 2, 1994, 108

Stat. 4622.)

-End-

-CITE-

49 USC Sec. 20149 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20149. Coordination with the Department of Labor

-STATUTE-

The Secretary of Transportation shall consult with the Secretary

of Labor on a regular basis to ensure that all applicable laws

affecting safe working conditions for railroad employees are

appropriately enforced to ensure a safe and productive working

environment for the railroad industry.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 213(a), Nov. 2, 1994, 108

Stat. 4623.)

-End-

-CITE-

49 USC Sec. 20150 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20150. Positive train control system progress report

-STATUTE-

The Secretary of Transportation shall submit a report to the

Congress on the development, deployment, and demonstration of

positive train control systems by December 31, 1995.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 214(a), Nov. 2, 1994, 108

Stat. 4623.)

-End-

-CITE-

49 USC Sec. 20151 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20151. Railroad trespassing and vandalism prevention strategy

-STATUTE-

(a) Evaluation of Existing Laws. - In consultation with affected

parties, the Secretary of Transportation shall evaluate and review

current local, State, and Federal laws regarding trespassing on

railroad property and vandalism affecting railroad safety, and

develop model prevention strategies and enforcement laws to be used

for the consideration of State and local legislatures and

governmental entities. The first such evaluation and review shall

be completed within 1 year after November 2, 1994. The Secretary

shall revise such model prevention strategies and enforcement codes

periodically.

(b) Outreach Program. - The Secretary shall develop and maintain

a comprehensive outreach program to improve communications among

Federal railroad safety inspectors, State inspectors certified by

the Federal Railroad Administration, railroad police, and State and

local law enforcement officers, for the purpose of addressing

trespassing and vandalism problems on railroad property, and

strengthening relevant enforcement strategies. This program shall

be designed to increase public and police awareness of the

illegality of, dangers inherent in, and the extent of, trespassing

on railroad rights-of-way, to develop strategies to improve the

prevention of trespassing and vandalism, and to improve the

enforcement of laws relating to railroad trespass, vandalism, and

safety.

(c) Model Legislation. - Within 18 months after November 2, 1994,

the Secretary, after consultation with State and local governments

and railroad carriers, shall develop and make available to State

and local governments model State legislation providing for -

(1) civil or criminal penalties, or both, for vandalism of

railroad equipment or property which could affect the safety of

the public or of railroad employees; and

(2) civil or criminal penalties, or both, for trespassing on a

railroad owned or leased right-of-way.

-SOURCE-

(Added Pub. L. 103-440, title II, Sec. 219(a), Nov. 2, 1994, 108

Stat. 4625; amended Pub. L. 104-287, Sec. 5(49), Oct. 11, 1996, 110

Stat. 3393.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (a), (c). Pub. L. 104-287 substituted "November

2, 1994" for "the date of enactment of the Federal Railroad Safety

Authorization Act of 1994".

-End-

-CITE-

49 USC Sec. 20152 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20152. Emergency notification of grade crossing problems

-STATUTE-

(a) Pilot Programs. - The Secretary of Transportation shall

conduct a pilot program to demonstrate an emergency notification

system utilizing a toll free telephone number that the public can

use to convey to railroad carriers, either directly or through

public safety personnel, information about malfunctions or other

safety problems at railroad-highway grade crossings. The pilot

program, at a minimum -

(1) shall include railroad-highway grade crossings in at least

2 States;

(2) shall include provisions for public education and awareness

of the program; and

(3) shall require information to be posted at the

railroad-highway grade crossing describing the emergency

notification system and instructions on how to use the system.

The Secretary may, by grant, provide funding for the expense of

information signs and public awareness campaigns necessary to

demonstrate the notification system.

(b) Report. - The Secretary shall complete the pilot program not

later than 24 months after November 2, 1994, and shall submit to

the Congress not later than 30 months after November 2, 1994, an

evaluation of the pilot program, together with findings as to the

effectiveness of such emergency notification systems. The report

shall compare and contrast the structure, cost, and effectiveness

of the pilot program with other emergency notification systems in

effect within other States. Such evaluation shall include analyses

of the safety benefits derived from the programs, cost

effectiveness, and the burdens on participants, including railroad

carriers and law enforcement personnel.

-SOURCE-

(Added Pub. L. 103-440, title III, Sec. 301(a), Nov. 2, 1994, 108

Stat. 4626; amended Pub. L. 104-287, Sec. 5(50), Oct. 11, 1996, 110

Stat. 3393.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-287 substituted "November 2,

1994" for "the date of enactment of this section" and "November 2,

1994, an evaluation" for "that date an evaluation".

-End-

-CITE-

49 USC Sec. 20153 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART A - SAFETY

CHAPTER 201 - GENERAL

SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-

Sec. 20153. Audible warnings at highway-rail grade crossings

-STATUTE-

(a) Definitions. - As used in this section -

(1) the term "highway-rail grade crossing" includes any street

or highway crossing over a line of railroad at grade;

(2) the term "locomotive horn" refers to a train-borne audible

warning device meeting standards specified by the Secretary of

Transportation; and

(3) the term "supplementary safety measure" refers to a safety

system or procedure, provided by the appropriate traffic control

authority or law enforcement authority responsible for safety at

the highway-rail grade crossing, that is determined by the

Secretary to be an effective substitute for the locomotive horn

in the prevention of highway-rail casualties. A traffic control

arrangement that prevents careless movement over the crossing

(e.g., as where adequate median barriers prevent movement around

crossing gates extending over the full width of the lanes in the

particular direction of travel), and that conforms to standards

prescribed by the Secretary under this subsection, shall be

deemed to constitute a supplementary safety measure. The

following do not, individually or in combination, constitute

supplementary safety measures within the meaning of this

subsection: standard traffic control devices or arrangements such

as reflectorized crossbucks, stop signs, flashing lights,

flashing lights with gates that do not completely block travel

over the line of railroad, or traffic signals.

(b) Requirement. - The Secretary of Transportation shall

prescribe regulations requiring that a locomotive horn shall be

sounded while each train is approaching and entering upon each

public highway-rail grade crossing.

(c) Exception. - (1) In issuing such regulations, the Secretary

may except from the requirement to sound the locomotive horn any

categories of rail operations or categories of highway-rail grade

crossings (by train speed or other factors specified by regulation)

-

(A) that the Secretary determines not to present a significant

risk with respect to loss of life or serious personal injury;

(B) for which use of the locomotive horn as a warning measure

is impractical; or

(C) for which, in the judgment of the Secretary, supplementary

safety measures fully compensate for the absence of the warning

provided by the locomotive horn.

(2) In order to provide for safety and the quiet of communities

affected by train operations, the Secretary may specify in such

regulations that any supplementary safety measures must be applied

to all highway-rail grade crossings within a specified distance

along the railroad in order to be excepted from the requirement of

this section.

(d) Application for Waiver or Exemption. - Notwithstanding any

other provision of this subchapter, the Secretary may not entertain

an application for waiver or exemption of the regulations issued

under this section unless such application shall have been

submitted jointly by the railroad carrier owning, or controlling

operations over, the crossing and by the appropriate traffic

control authority or law enforcement authority. The Secretary shall

not grant any such application unless, in the judgment of the

Secretary, the application demonstrates that the safety of highway

users will not be diminished.

(e) Development of Supplementary Safety Measures. - (1) In order

to promote the quiet of communities affected by rail operations and

the development of innovative safety measures at highway-rail grade

crossings, the Secretary may, in connection with demonstration of

proposed new supplementary safety measures, order railroad carriers

operating over one or more crossings to cease temporarily the

sounding of locomotive horns at such crossings. Any such measures

shall have been subject to testing and evaluation and deemed

necessary by the Secretary prior to actual use in lieu of the

locomotive horn.

(2) The Secretary may include in regulations issued under this

subsection special procedures for approval of new supplementary

safety measures meeting the requirements of subsection (c)(1) of

this section following successful demonstration of those measures.

(f) Specific Rules. - The Secretary may, by regulation, provide

that the following crossings over railroad lines shall be subject,

in whole or in part, to the regulations required under this

section:

(1) Private highway-rail grade crossings.

(2) Pedestrian crossings.

(3) Crossings utilized primarily by nonmotorized vehicles and

other special vehicles.

Regulations issued under this subsection shall not apply to any

location where persons are not authorized to cross the railroad.

(g) Issuance. - The Secretary shall issue regulations required by

this section pertaining to categories of highway-rail grade

crossings that in the judgment of the Secretary pose the greatest

safety hazard to rail and highway users not later than 24 months

following November 2, 1994. The Secretary shall issue regulations

pertaining to any other categories of crossings not later than 48

months following November 2, 1994.

(h) Impact of Regulations. - The Secretary shall include in

regulations prescribed under this section a concise statement of

the impact of such regulations with respect to the operation of

section 20106 of this title (national uniformity of regulation).

(i) Regulations. - In issuing regulations under this section, the

Secretary -

(1) shall take into account the interest of communities that -

(A) have in effect restrictions on the sounding of a

locomotive horn at highway-rail grade crossings; or

(B) have not been subject to the routine (as defined by the

Secretary) sounding of a locomotive horn at highway-rail grade

crossings;

(2) shall work in partnership with affected communities to

provide technical assistance and shall provide a reasonable

amount of time for local communities to install supplementary

safety measures, taking into account local safety initiatives

(such as public awareness initiatives and highway-rail grade

crossing traffic law enforcement programs) subject to such terms

and conditions as the Secretary deems necessary, to protect

public safety; and

(3) may waive (in whole or in part) any requirement of this

section (other than a requirement of this subsection or

subsection (j)) that the Secretary determines is not likely to

contribute significantly to public safety.

(j) Effective Date of Regulations. - Any regulations under this

section shall not take effect before the 365th day following the

date of publication of the final rule.

-SOURCE-

(Added Pub. L. 103-440, title III, Sec. 302(a), Nov. 2, 1994, 108

Stat. 4626; amended Pub. L. 104-264, title XII, Sec. 1218(a), Oct.

9, 1996, 110 Stat. 3285; Pub. L. 104-287, Sec. 5(51), Oct. 11,

1996, 110 Stat. 3393.)

-MISC1-

AMENDMENTS

1996 - Subsec. (g). Pub. L. 104-287 substituted "November 2,

1994" for "the date of enactment of this section" in two places.

Subsecs. (i), (j). Pub. L. 104-264 added subsecs. (i) and (j).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-End-