§20105. State participation
(a)
(b)
(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)
(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)
(e)
(f)
(g)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20105(a) | 45:435(a) (1st sentence related to authority for State participation). | Oct. 16, 1970,
|
| 20105(b) (1)(A) | 45:435(a) (1st sentence related to contents of certification). | |
| 20105(b) (1)(B) | 45:435(b) (1st sentence). | |
| 20105(b)(2) | 45:435(f). | |
| 20105(b)(3) | 45:435(b) (2d–last sentences). | |
| 20105(c) | 45:435(c). | Oct. 16, 1970,
|
| 20105(d) | 45:435(g). | Oct. 16, 1970,
|
| 20105(e) | 45:435(d). | Oct. 16, 1970,
|
| 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.
Editorial Notes
Amendments
2002-Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by