P.L. 110-432 (Sec. 202)

PUBLIC LAW 110–432—OCT. 16, 2008

FEDERAL RAIL SAFETY IMPROVEMENTS

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

DIVISION A—RAIL SAFETY

TITLE II—HIGHWAY-RAIL GRADE

CROSSING AND PEDESTRIAN SAFETY

AND TRESPASSER PREVENTION

SEC. 202. STATE ACTION PLANS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment

of this Act, the Secretary shall identify the 10 States that have had the most highway-rail grade crossing collisions, on average, over the past 3 years and require those States to develop a State grade crossing action plan within a reasonable period of time, as determined by the Secretary. The plan shall identify specific solutions for improving safety at crossings, including highway-rail grade crossing closures or grade separations, and shall focus on crossings that have experienced multiple accidents or are at high risk for such accidents. The Secretary shall provide assistance to the States in developing and carrying out, as appropriate, the plan. The plan may be coordinated with other State or Federal planning requirements and shall cover a period of time determined

to be appropriate by the Secretary. The Secretary may condition

the awarding of any grants under section 20158, 20167, or 22501

of title 49, United States Code, to a State identified under this

section on the development of such State’s plan.

(b) REVIEW AND APPROVAL.—Not later than 60 days after the

Secretary receives a plan under subsection (a), the Secretary shall

review and approve or disapprove it. If the proposed plan is disapproved,

the Secretary shall notify the affected State as to the

specific areas in which the proposed plan is deficient, and the

State shall correct all deficiencies within 30 days following receipt

of written notice from the Secretary.

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