49 USC =C2=A7 103 - Federal Railroad=20 Administration
(a) In General.=E2=80=94 The =
Federal Railroad=20
Administration is an administration in the Department of Transportation. =
(b) Safety.=E2=80=94 To carry =
out all railroad=20
safety laws of the United States, the Administration is divided on a=20
geographical basis into at least 8 safety offices. The Secretary of=20
Transportation is responsible for all acts taken under those laws and =
for=20
ensuring that the laws are uniformly administered and enforced among the =
safety=20
offices.
(c) Safety as Highest Priority.=E2=80=94 In=20
carrying out its duties, the Administration shall consider the =
assignment and=20
maintenance of safety as the highest priority, recognizing the clear =
intent,=20
encouragement, and dedication of Congress to the furtherance of the =
highest=20
degree of safety in railroad transportation.
(d) Administrator.=E2=80=94 The =
head of the=20
Administration shall be the Administrator who shall be appointed by the=20
President, by and with the advice and consent of the Senate, and shall =
be an=20
individual with professional experience in railroad safety, hazardous =
materials=20
safety, or other transportation safety. The Administrator shall report =
directly=20
to the Secretary of Transportation.
(e) Deputy Administrator.=E2=80=94 The=20
Administration shall have a Deputy Administrator who shall be appointed =
by the=20
Secretary. The Deputy Administrator shall carry out duties and powers =
prescribed=20
by the Administrator.
(f) Chief Safety Officer.=E2=80=94 The=20
Administration shall have an Associate Administrator for Railroad Safety =
appointed in the career service by the Secretary. The Associate =
Administrator=20
shall be the Chief Safety Officer of the Administration. The Associate=20
Administrator shall carry out the duties and powers prescribed by the=20
Administrator.
(g) Duties and Powers of the Administrator.=E2=80=94 =
The Administrator shall carry out=E2=80=94
(h) Limitation.=E2=80=94 A duty =
or power specified=20
in subsection (g)(1) may be transferred to another part of the =
Department of=20
Transportation or another Federal Government entity only when =
specifically=20
provided by law. A decision of the Administrator in carrying out the =
duties or=20
powers of the Administration and involving notice and hearing required =
by law is=20
administratively final.
(i) Authorities.=E2=80=94 Subject to the provisions=20
of subtitle I of title 40 and =
division C=20
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle =
I of=20
title 41, the Secretary of =
Transportation may=20
make, enter into, and perform such contracts, grants, leases, =
cooperative=20
agreements, and other similar transactions with Federal or other public =
agencies=20
(including State and local governments) and private organizations and =
persons,=20
and make such payments, by way of advance or reimbursement, as the =
Secretary may=20
determine to be necessary or appropriate to carry out functions at the=20
Administration. The authority of the Secretary granted by this =
subsection shall=20
be carried out by the Administrator. Notwithstanding any other provision =
of this=20
chapter, no authority to enter into contracts or to make payments under =
this=20
subsection shall be effective, except as provided for in appropriations =
Acts.=20
(j) Additional Duties of the Administrator.=E2=80=94 =
The Administrator shall=E2=80=94
(1) provide assistance to States in developing State rail =
plans=20
prepared under chapter 227 and review all State rail plans submitted =
under that=20
section; =20
[1]
(2) develop a long-range national rail plan that is =
consistent with=20
approved State rail plans and the rail needs of the Nation, as =
determined by the=20
Secretary in order to promote an integrated, cohesive, efficient, and =
optimized=20
national rail system for the movement of goods and people;
(3) develop a preliminary national rail plan within a year =
after the=20
date of enactment of the Passenger Rail Investment and Improvement Act =
of 2008;=20
(4) develop and enhance partnerships with the freight and =
passenger=20
railroad industry, States, and the public concerning rail development;=20
(5) support rail intermodal development and high-speed rail=20
development, including high speed rail planning;
(6) ensure that programs and initiatives developed under this =
section=20
benefit the public and work toward achieving regional and national=20
transportation goals; and
(7) facilitate and coordinate efforts to assist freight and =
passenger=20
rail carriers, transit agencies and authorities, municipalities, and =
States in=20
passenger-freight service integration on shared rights of way by =
providing=20
neutral assistance at the joint request of affected rail service =
providers and=20
infrastructure owners relating to operations and capacity analysis, =
capital=20
requirements, operating costs, and other research and planning related =
to=20
corridors shared by passenger or commuter rail service and freight rail=20
operations.
(k) Performance Goals and Reports.=E2=80=94
(1) Performance goals.=E2=80=94 In conjunction with=20
the objectives established and activities undertaken under subsection =
(j) of=20
this section, the Administrator shall develop a schedule for achieving =
specific,=20
measurable performance goals.
(2) Resource needs.=E2=80=94 The strategy and=20
annual plans shall include estimates of the funds and staff resources =
needed to=20
accomplish each goal and the additional duties required under subsection =
(j).=20
(3) Submission with president=E2=80=99s budget.=E2=80=94 =
Beginning with fiscal year 2010 and each fiscal year =
thereafter,=20
the Secretary shall submit to the Committee on Transportation and =
Infrastructure=20
of the House of Representatives and the Committee on Commerce, Science, =
and=20
Transportation of the Senate, at the same time as the =
President=E2=80=99s budget=20
submission, the Administration=E2=80=99s performance goals and schedule =
developed under=20
paragraph (1), including an assessment of the progress of the =
Administration=20
toward achieving its performance goals.
[1] So in = original. Probably=20 should be =E2=80=9Cchapter;=E2=80=9D. =
prev | next
(a) In General.=E2=80=94 The =
Federal Railroad=20
Administration is an administration in the Department of Transportation. =
(b) Safety.=E2=80=94 To carry =
out all railroad=20
safety laws of the United States, the Administration is divided on a=20
geographical basis into at least 8 safety offices. The Secretary of=20
Transportation is responsible for all acts taken under those laws and =
for=20
ensuring that the laws are uniformly administered and enforced among the =
safety=20
offices.
(c) Safety as Highest Priority.=E2=80=94 In=20
carrying out its duties, the Administration shall consider the =
assignment and=20
maintenance of safety as the highest priority, recognizing the clear =
intent,=20
encouragement, and dedication of Congress to the furtherance of the =
highest=20
degree of safety in railroad transportation.
(d) Administrator.=E2=80=94 The =
head of the=20
Administration shall be the Administrator who shall be appointed by the=20
President, by and with the advice and consent of the Senate, and shall =
be an=20
individual with professional experience in railroad safety, hazardous =
materials=20
safety, or other transportation safety. The Administrator shall report =
directly=20
to the Secretary of Transportation.
(e) Deputy Administrator.=E2=80=94 The=20
Administration shall have a Deputy Administrator who shall be appointed =
by the=20
Secretary. The Deputy Administrator shall carry out duties and powers =
prescribed=20
by the Administrator.
(f) Chief Safety Officer.=E2=80=94 The=20
Administration shall have an Associate Administrator for Railroad Safety =
appointed in the career service by the Secretary. The Associate =
Administrator=20
shall be the Chief Safety Officer of the Administration. The Associate=20
Administrator shall carry out the duties and powers prescribed by the=20
Administrator.
(g) Duties and Powers of the Administrator.=E2=80=94 =
The Administrator shall carry out=E2=80=94
(h) Limitation.=E2=80=94 A duty =
or power specified=20
in subsection (g)(1) may be transferred to another part of the =
Department of=20
Transportation or another Federal Government entity only when =
specifically=20
provided by law. A decision of the Administrator in carrying out the =
duties or=20
powers of the Administration and involving notice and hearing required =
by law is=20
administratively final.
(i) Authorities.=E2=80=94 Subject to the provisions=20
of subtitle I of title 40 and =
division C=20
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle =
I of=20
title 41, the Secretary of =
Transportation may=20
make, enter into, and perform such contracts, grants, leases, =
cooperative=20
agreements, and other similar transactions with Federal or other public =
agencies=20
(including State and local governments) and private organizations and =
persons,=20
and make such payments, by way of advance or reimbursement, as the =
Secretary may=20
determine to be necessary or appropriate to carry out functions at the=20
Administration. The authority of the Secretary granted by this =
subsection shall=20
be carried out by the Administrator. Notwithstanding any other provision =
of this=20
chapter, no authority to enter into contracts or to make payments under =
this=20
subsection shall be effective, except as provided for in appropriations =
Acts.=20
(j) Additional Duties of the Administrator.=E2=80=94 =
The Administrator shall=E2=80=94
(1) provide assistance to States in developing State rail =
plans=20
prepared under chapter 227 and review all State rail plans submitted =
under that=20
section; =20
[1]
(2) develop a long-range national rail plan that is =
consistent with=20
approved State rail plans and the rail needs of the Nation, as =
determined by the=20
Secretary in order to promote an integrated, cohesive, efficient, and =
optimized=20
national rail system for the movement of goods and people;
(3) develop a preliminary national rail plan within a year =
after the=20
date of enactment of the Passenger Rail Investment and Improvement Act =
of 2008;=20
(4) develop and enhance partnerships with the freight and =
passenger=20
railroad industry, States, and the public concerning rail development;=20
(5) support rail intermodal development and high-speed rail=20
development, including high speed rail planning;
(6) ensure that programs and initiatives developed under this =
section=20
benefit the public and work toward achieving regional and national=20
transportation goals; and
(7) facilitate and coordinate efforts to assist freight and =
passenger=20
rail carriers, transit agencies and authorities, municipalities, and =
States in=20
passenger-freight service integration on shared rights of way by =
providing=20
neutral assistance at the joint request of affected rail service =
providers and=20
infrastructure owners relating to operations and capacity analysis, =
capital=20
requirements, operating costs, and other research and planning related =
to=20
corridors shared by passenger or commuter rail service and freight rail=20
operations.
(k) Performance Goals and Reports.=E2=80=94
(1) Performance goals.=E2=80=94 In conjunction with=20
the objectives established and activities undertaken under subsection =
(j) of=20
this section, the Administrator shall develop a schedule for achieving =
specific,=20
measurable performance goals.
(2) Resource needs.=E2=80=94 The strategy and=20
annual plans shall include estimates of the funds and staff resources =
needed to=20
accomplish each goal and the additional duties required under subsection =
(j).=20
(3) Submission with president=E2=80=99s budget.=E2=80=94 =
Beginning with fiscal year 2010 and each fiscal year =
thereafter,=20
the Secretary shall submit to the Committee on Transportation and =
Infrastructure=20
of the House of Representatives and the Committee on Commerce, Science, =
and=20
Transportation of the Senate, at the same time as the =
President=E2=80=99s budget=20
submission, the Administration=E2=80=99s performance goals and schedule =
developed under=20
paragraph (1), including an assessment of the progress of the =
Administration=20
toward achieving its performance goals.
[1] So in = original. Probably=20 should be =E2=80=9Cchapter;=E2=80=9D. =
Source
(Pub. L. 97=E2=80=93449, =
=C2=A7 1(b),Jan. 12, 1983, | Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 103(a) | 49:1652(e)(1) (1st sentence related to FRA). | Oct. 15, 1966, Pub. L. 89=E2=80=93670, =C2=A7=C2=A7 3(e) = (related to FRA) (1), (3),=20 (4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940. |
| 49:1652a. | July 8, 1976, Pub. L. 94=E2=80=93348, =C2=A7 6, 90 Stat. = 820. | |
| 103(b) | 49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last=20 sentence). | |
| 103(c) | 49:1655(f)(3)(A). | Oct. 15, 1966, Pub. L. 89=E2=80=93670, =C2=A7 6(f)(3)(A), = 80 Stat. 940; Aug.=20 22, 1972, Pub. L. 92=E2=80=93401, =C2=A7 6, 86 Stat. 617; = Jan. 3, 1975, Pub. L.=20 93=E2=80=93633, =C2=A7 113(e)(1), 88 Stat. 2163. |
| 49:1652(e)(3) (related to FRA) (less last sentence). | ||
| 103(d) | 49:1652(e)(4) (related to FRA). | |
| 49:1655(f)(3)(C) (related to = FRA). |
In subsection (a), the words =E2=80=9CTo carry =
out=E2=80=9D are substituted=20
for =E2=80=9Cfor purposes of administering and enforcing=E2=80=9D in =
49:1652a for consistency=20
and to eliminate surplus words. The words =E2=80=9Cunder those =
laws=E2=80=9D are substituted for=20
=E2=80=9Cpursuant to Federal railroad safety laws=E2=80=9D to eliminate =
surplus words. The words=20
=E2=80=9Cis responsible=E2=80=9D are substituted for =E2=80=9Cshall =
retain full and final=20
responsibility=E2=80=9D and =E2=80=9Cshall be responsible=E2=80=9D to =
eliminate surplus words. The words=20
=E2=80=9Cand for the establishment of all policies with respect to =
implementation of=20
such laws=E2=80=9D are omitted as surplus.
In subsection (b), the words =E2=80=9CEach of =
these components=E2=80=9D are=20
omitted as surplus.
In subsection (c), the words =E2=80=9Cvested in =
the Secretary=E2=80=9D are=20
substituted for =E2=80=9Cas set forth in the statutes transferred to the =
Secretary=E2=80=9D in=20
49:1655(f)(3)(A) for clarity and consistency. The words =E2=80=9Csection =
6(e)(1), (2),=20
and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and =
(6)(A))=E2=80=9D are=20
substituted for =E2=80=9Csubsection (e) of this section (other than =
subsection (e)(4) of=20
this section)=E2=80=9D in 49:1655(f)(3)(A) for clarity.
In subsection (d), the word =E2=80=9Claw=E2=80=9D =
is substituted for=20
=E2=80=9Cstatute=E2=80=9D in 49:1652(e)(4) for consistency. The words =
after =E2=80=9Cadministratively=20
final=E2=80=9D in 49:1655(f)(3)(C) are omitted as unnecessary because of =
the restatement=20
of the revised title and those laws giving a right to appeal.
Pub. L. 103=E2=80=93272
Section 5(m)(1) amends 49:103(c)(1) to include a =
reference=20
to section 20134(c) of the revised title. The reference is included =
because=20
45:445 on which section 20134 (c) is based provides that the duties and powers under =
that=20
provision are to be carried out by the Administrator of the Federal =
Railroad=20
Administration rather than the Secretary of Transportation.
References in Text
The date of enactment of the Passenger Rail =
Investment and=20
Improvement Act of 2008, referred to in subsec. (j)(3), is the date of =
enactment=20
of Pub. L. 110=E2=80=93432, which was =
approved Oct. 16, 2008.=20
Amendments
2011=E2=80=94Subsec. (i). Pub. L. 111=E2=80=93350, which =
directed substitution of=20
=E2=80=9Cdivision C (except sections 3302, 3501(b), 3509, 3906, 4710, =
and 4711) of=20
subtitle I of title 41=E2=80=9D for =E2=80=9Ctitle =
III of the Federal Property=20
and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)=E2=80=9D =
in subsec. (e),=20
was executed to subsec. (i), to reflect the probable intent of Congress. =
2008=E2=80=94Subsec. (a). Pub. L. 110=E2=80=93432, =
=C2=A7 307(1), (2), inserted heading=20
and struck out at end =E2=80=9CTo carry out all railroad safety laws of =
the United=20
States, the Administration is divided on a geographical basis into at =
least 8=20
safety offices. The Secretary of Transportation is responsible for all =
acts=20
taken under those laws and for ensuring that the laws are uniformly =
administered=20
and enforced among the safety offices.=E2=80=9D
Subsecs. (b) to (k). Pub. L. 110=E2=80=93432, =
=C2=A7=C2=A7 101, 307=20
(3), (4), added subsecs. (b) to (k) and struck out =
former subsecs.=20
(b) to (e), which related to: in subsec. (b), Administrator as head of =
the=20
Administration; in subsec. (c), Administrator=E2=80=99s duties and =
powers; in subsec.=20
(d), transfer of duties or powers and effect of Administrator=E2=80=99s =
decision; and,=20
in subsec. (e), authority of Secretary of Transportation.
2002=E2=80=94Subsec. (e). Pub. L. 107=E2=80=93217inserted =
=E2=80=9Csubtitle I of title 40 and =
title III of=E2=80=9D=20
before =E2=80=9Cthe Federal Property=E2=80=9D and substituted =
=E2=80=9C(41 U.S.C. 251 et seq.)=E2=80=9D =
for =E2=80=9C(40 U.S.C. =
471 et=20
seq.)=E2=80=9D.
1994=E2=80=94Subsec. (c)(1). Pub. L. 103=E2=80=93272substituted =
=E2=80=9Csection 20134 (c) andchapters 203=E2=80=93211 of this title, and =
chapter 213 of this title in carrying out =
chapters=20
203=E2=80=93211=E2=80=9D for =E2=80=9Csection 6(e)(1), (2), and (6)(A) =
of the Department of=20
Transportation Act (49=20
App. U.S.C. 1655(e)(1), (2), and (6)(A))=E2=80=9D.
Subsec. (e). Pub. L. 103=E2=80=93440added subsec. =
(e).
1984=E2=80=94Subsec. (c)(1). Pub. L. 98=E2=80=93216substituted =
=E2=80=9C49 App. U.S.C.=E2=80=9D for =E2=80=9C49=20
U.S.C.=E2=80=9D.
Update of Federal Railroad Administration=E2=80=99s =
Website
Pub. L. 110=E2=80=93432, div. A, =
title III, =C2=A7 307,Oct.=20
16, 2008, 122 Stat. 4881, provided that:
=E2=80=9C(a) In General.=E2=80=94The Secretary =
shall update the Federal=20
Railroad Administration=E2=80=99s public website to better facilitate =
the ability of the=20
public, including those individuals who are not regular users of the =
public=20
website, to find current information regarding the Federal Railroad=20
Administration=E2=80=99s activities.
=E2=80=9C(b) Public Reporting of =
Violations.=E2=80=94On the Federal Railroad=20
Administration=E2=80=99s public website=E2=80=99s home page, the =
Secretary shall provide a=20
mechanism for the public to submit written reports of potential =
violations of=20
Federal railroad safety and hazardous materials transportation laws,=20
regulations, and orders to the Federal Railroad Administration.=E2=80=9D =
[For definitions of =E2=80=9CSecretary=E2=80=9D =
and =E2=80=9Crailroad=E2=80=9D, as used in=20
section 307 ofPub. L. 110=E2=80=93432, set out =
above, see section 2(a) ofPub. L. 110=E2=80=93432, set out as =
a note under section 20102 of this title.]
Funds for Broadband High Speed Internet Service =
Connection for=20
Federal Railroad Administration Employees
Pub. L. 108=E2=80=93447, div. H, =
title I, =C2=A7 151,Dec. 8,=20
2004, 118 Stat. 3222, provided that: =
=E2=80=9CNotwithstanding any=20
provisions of this or any other Act, during the fiscal year ending =
September 30,=20
2005, and hereafter, the Federal Railroad Administration may use funds=20
appropriated by this or any other Act to provide for the installation of =
a=20
broadband high speed internet service connection, including necessary =
equipment,=20
for Federal Railroad Administration employees, and to either pay =
directly=20
recurring monthly charges or to reimburse a percentage of such monthly =
charges=20
which are paid by such employees: Provided, That the Federal Railroad=20
Administration certifies that adequate safeguards against private misuse =
exist,=20
and that the service is necessary for direct support of the =
agency=E2=80=99s mission.=E2=80=9D=20
The table below lists the classification updates, since Jan. = 3,=20 2012, for this section. Updates to a broader range of sections = may be=20 found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was=20 Tuesday, October 23, 2012
An empty table indicates that we see no relevant changes listed in =
the=20
classification tables. If you suspect that our system may be missing =
something,=20
please double-check with the
This is a list of parts within the
This list is taken from the
It is not guaranteed to be accurate or up-to-date, though we do = refresh the=20 database weekly. More limitations on accuracy are described at the GPO = site.
=20
LII has no control over and does not endorse any =
external=20
Internet site that contains links to or references LII. =
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