§ 11908. Relation to other Federal criminal penalties Notwithstanding section 3571 of title 18, United States Code, the criminal penalties provided for in this chapter are the exclusive criminal penalties for violations of this part. 221. LOCAL RAIL FREIGHT ASSISTANCE 22101 22301 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 [Repealed.] 20117.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. 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. §20101. Purpose SUBCHAPTER I-GENERAL The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents. §20102. Definitions In this part- (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. §20103. General authority (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. §20104. Emergency authority (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 reason able 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. §20105. State participation (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 concerned 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. |