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49 USC § 103 - Federal Railroad
Administration

USC-prelim

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Code

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Authorities
(CFR)

This preliminary release may be subject to further revision before it is
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latest laws affecting the Code. Those using the USCPrelim should verify
the text against the printed slip laws available from GPO (Government Printing Office), the laws as
shown on THOMAS (a legislative service of
the Library of Congress), and the final version of the Code when it becomes
available.

Current through Pub. L. 112-196. (See Public Laws
for the current Congress.)

(a) In General.— The Federal Railroad
Administration is an administration in the Department of Transportation.

(b) Safety.— To carry out all railroad
safety laws of the United States, the Administration is divided on a
geographical basis into at least 8 safety offices. The Secretary of
Transportation is responsible for all acts taken under those laws and for
ensuring that the laws are uniformly administered and enforced among the safety
offices.

(c) Safety as Highest Priority.— In
carrying out its duties, the Administration shall consider the assignment and
maintenance of safety as the highest priority, recognizing the clear intent,
encouragement, and dedication of Congress to the furtherance of the highest
degree of safety in railroad transportation.

(d) Administrator.— The head of the
Administration shall be the Administrator who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall be an
individual with professional experience in railroad safety, hazardous materials
safety, or other transportation safety. The Administrator shall report directly
to the Secretary of Transportation.

(e) Deputy Administrator.— The
Administration shall have a Deputy Administrator who shall be appointed by the
Secretary. The Deputy Administrator shall carry out duties and powers prescribed
by the Administrator.

(f) Chief Safety Officer.— The
Administration shall have an Associate Administrator for Railroad Safety
appointed in the career service by the Secretary. The Associate Administrator
shall be the Chief Safety Officer of the Administration. The Associate
Administrator shall carry out the duties and powers prescribed by the
Administrator.

(g) Duties and Powers of the Administrator.— The Administrator shall carry out—

(1) duties and powers related to railroad safety vested in the
Secretary by section 20134 (c) andchapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters
203 through 211;

(2) the duties and powers related to railroad policy and development
under subsection (j); and

(3) other duties and powers prescribed by the Secretary.

(h) Limitation.— A duty or power specified
in subsection (g)(1) may be transferred to another part of the Department of
Transportation or another Federal Government entity only when specifically
provided by law. A decision of the Administrator in carrying out the duties or
powers of the Administration and involving notice and hearing required by law is
administratively final.

(i) Authorities.— Subject to the provisions
of subtitle I of title 40 and division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41, the Secretary of Transportation may
make, enter into, and perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or other public agencies
(including State and local governments) and private organizations and persons,
and make such payments, by way of advance or reimbursement, as the Secretary may
determine to be necessary or appropriate to carry out functions at the
Administration. The authority of the Secretary granted by this subsection shall
be carried out by the Administrator. Notwithstanding any other provision of this
chapter, no authority to enter into contracts or to make payments under this
subsection shall be effective, except as provided for in appropriations Acts.

(j) Additional Duties of the Administrator.— The Administrator shall—

(1) provide assistance to States in developing State rail plans
prepared under chapter 227 and review all State rail plans submitted under that
section;
[1]

(2) develop a long-range national rail plan that is consistent with
approved State rail plans and the rail needs of the Nation, as determined by the
Secretary in order to promote an integrated, cohesive, efficient, and optimized
national rail system for the movement of goods and people;

(3) develop a preliminary national rail plan within a year after the
date of enactment of the Passenger Rail Investment and Improvement Act of 2008;

(4) develop and enhance partnerships with the freight and passenger
railroad industry, States, and the public concerning rail development;

(5) support rail intermodal development and high-speed rail
development, including high speed rail planning;

(6) ensure that programs and initiatives developed under this section
benefit the public and work toward achieving regional and national
transportation goals; and

(7) facilitate and coordinate efforts to assist freight and passenger
rail carriers, transit agencies and authorities, municipalities, and States in
passenger-freight service integration on shared rights of way by providing
neutral assistance at the joint request of affected rail service providers and
infrastructure owners relating to operations and capacity analysis, capital
requirements, operating costs, and other research and planning related to
corridors shared by passenger or commuter rail service and freight rail
operations.

(k) Performance Goals and Reports.—

(1) Performance goals.— In conjunction with
the objectives established and activities undertaken under subsection (j) of
this section, the Administrator shall develop a schedule for achieving specific,
measurable performance goals.

(2) Resource needs.— The strategy and
annual plans shall include estimates of the funds and staff resources needed to
accomplish each goal and the additional duties required under subsection (j).

(3) Submission with president’s budget.— Beginning with fiscal year 2010 and each fiscal year thereafter,
the Secretary shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, at the same time as the President’s budget
submission, the Administration’s performance goals and schedule developed under
paragraph (1), including an assessment of the progress of the Administration
toward achieving its performance goals.

[1]  So in original. Probably
should be “chapter;”.

prev | next

(a) In General.— The Federal Railroad
Administration is an administration in the Department of Transportation.

(b) Safety.— To carry out all railroad
safety laws of the United States, the Administration is divided on a
geographical basis into at least 8 safety offices. The Secretary of
Transportation is responsible for all acts taken under those laws and for
ensuring that the laws are uniformly administered and enforced among the safety
offices.

(c) Safety as Highest Priority.— In
carrying out its duties, the Administration shall consider the assignment and
maintenance of safety as the highest priority, recognizing the clear intent,
encouragement, and dedication of Congress to the furtherance of the highest
degree of safety in railroad transportation.

(d) Administrator.— The head of the
Administration shall be the Administrator who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall be an
individual with professional experience in railroad safety, hazardous materials
safety, or other transportation safety. The Administrator shall report directly
to the Secretary of Transportation.

(e) Deputy Administrator.— The
Administration shall have a Deputy Administrator who shall be appointed by the
Secretary. The Deputy Administrator shall carry out duties and powers prescribed
by the Administrator.

(f) Chief Safety Officer.— The
Administration shall have an Associate Administrator for Railroad Safety
appointed in the career service by the Secretary. The Associate Administrator
shall be the Chief Safety Officer of the Administration. The Associate
Administrator shall carry out the duties and powers prescribed by the
Administrator.

(g) Duties and Powers of the Administrator.— The Administrator shall carry out—

(1) duties and powers related to railroad safety vested in the
Secretary by section 20134 (c) andchapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters
203 through 211;

(2) the duties and powers related to railroad policy and development
under subsection (j); and

(3) other duties and powers prescribed by the Secretary.

(h) Limitation.— A duty or power specified
in subsection (g)(1) may be transferred to another part of the Department of
Transportation or another Federal Government entity only when specifically
provided by law. A decision of the Administrator in carrying out the duties or
powers of the Administration and involving notice and hearing required by law is
administratively final.

(i) Authorities.— Subject to the provisions
of subtitle I of title 40 and division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41, the Secretary of Transportation may
make, enter into, and perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or other public agencies
(including State and local governments) and private organizations and persons,
and make such payments, by way of advance or reimbursement, as the Secretary may
determine to be necessary or appropriate to carry out functions at the
Administration. The authority of the Secretary granted by this subsection shall
be carried out by the Administrator. Notwithstanding any other provision of this
chapter, no authority to enter into contracts or to make payments under this
subsection shall be effective, except as provided for in appropriations Acts.

(j) Additional Duties of the Administrator.— The Administrator shall—

(1) provide assistance to States in developing State rail plans
prepared under chapter 227 and review all State rail plans submitted under that
section;
[1]

(2) develop a long-range national rail plan that is consistent with
approved State rail plans and the rail needs of the Nation, as determined by the
Secretary in order to promote an integrated, cohesive, efficient, and optimized
national rail system for the movement of goods and people;

(3) develop a preliminary national rail plan within a year after the
date of enactment of the Passenger Rail Investment and Improvement Act of 2008;

(4) develop and enhance partnerships with the freight and passenger
railroad industry, States, and the public concerning rail development;

(5) support rail intermodal development and high-speed rail
development, including high speed rail planning;

(6) ensure that programs and initiatives developed under this section
benefit the public and work toward achieving regional and national
transportation goals; and

(7) facilitate and coordinate efforts to assist freight and passenger
rail carriers, transit agencies and authorities, municipalities, and States in
passenger-freight service integration on shared rights of way by providing
neutral assistance at the joint request of affected rail service providers and
infrastructure owners relating to operations and capacity analysis, capital
requirements, operating costs, and other research and planning related to
corridors shared by passenger or commuter rail service and freight rail
operations.

(k) Performance Goals and Reports.—

(1) Performance goals.— In conjunction with
the objectives established and activities undertaken under subsection (j) of
this section, the Administrator shall develop a schedule for achieving specific,
measurable performance goals.

(2) Resource needs.— The strategy and
annual plans shall include estimates of the funds and staff resources needed to
accomplish each goal and the additional duties required under subsection (j).

(3) Submission with president’s budget.— Beginning with fiscal year 2010 and each fiscal year thereafter,
the Secretary shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, at the same time as the President’s budget
submission, the Administration’s performance goals and schedule developed under
paragraph (1), including an assessment of the progress of the Administration
toward achieving its performance goals.

[1]  So in original. Probably
should be “chapter;”.

Source

(Pub. L. 97–449, § 1(b),Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, § 2(2),Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(1),July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, § 216,Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, § 3(n)(1),Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110–432, div. A, title I, § 101, div. B,
title III, § 307,Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111–350, § 5(o)(1),Jan. 4, 2011, 124 Stat. 3853.)

Historical and Revision Notes

Pub. L. 97–449

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. 89–670, §§ 3(e) (related to FRA) (1), (3),
(4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940.

49:1652a.

July 8, 1976, Pub. L. 94–348, § 6, 90 Stat. 820.

103(b)

49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last
sentence).

103(c)

49:1655(f)(3)(A).

Oct. 15, 1966, Pub. L. 89–670, § 6(f)(3)(A), 80 Stat. 940; Aug.
22, 1972, Pub. L. 92–401, § 6, 86 Stat. 617; Jan. 3, 1975, Pub. L.
93–633, § 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 “To carry out” are substituted
for “for purposes of administering and enforcing” in 49:1652a for consistency
and to eliminate surplus words. The words “under those laws” are substituted for
“pursuant to Federal railroad safety laws” to eliminate surplus words. The words
“is responsible” are substituted for “shall retain full and final
responsibility” and “shall be responsible” to eliminate surplus words. The words
“and for the establishment of all policies with respect to implementation of
such laws” are omitted as surplus.

In subsection (b), the words “Each of these components” are
omitted as surplus.

In subsection (c), the words “vested in the Secretary” are
substituted for “as set forth in the statutes transferred to the Secretary” in
49:1655(f)(3)(A) for clarity and consistency. The words “section 6(e)(1), (2),
and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))” are
substituted for “subsection (e) of this section (other than subsection (e)(4) of
this section)” in 49:1655(f)(3)(A) for clarity.

In subsection (d), the word “law” is substituted for
“statute” in 49:1652(e)(4) for consistency. The words after “administratively
final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement
of the revised title and those laws giving a right to appeal.

Pub. L. 103–272

Section 5(m)(1) amends 49:103(c)(1) to include a reference
to section 20134(c) of the revised title. The reference is included because
45:445 on which section 20134 (c) is based provides that the duties and powers under that
provision are to be carried out by the Administrator of the Federal Railroad
Administration rather than the Secretary of Transportation.

References in Text

The date of enactment of the Passenger Rail Investment and
Improvement Act of 2008, referred to in subsec. (j)(3), is the date of enactment
of Pub. L. 110–432, which was approved Oct. 16, 2008.

Amendments

2011—Subsec. (i). Pub. L. 111–350, which directed substitution of
“division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41” for “title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (e),
was executed to subsec. (i), to reflect the probable intent of Congress.

2008—Subsec. (a). Pub. L. 110–432, § 307(1), (2), inserted heading
and struck out at end “To carry out all railroad safety laws of the United
States, the Administration is divided on a geographical basis into at least 8
safety offices. The Secretary of Transportation is responsible for all acts
taken under those laws and for ensuring that the laws are uniformly administered
and enforced among the safety offices.”

Subsecs. (b) to (k). Pub. L. 110–432, §§ 101, 307
(3), (4), added subsecs. (b) to (k) and struck out former subsecs.
(b) to (e), which related to: in subsec. (b), Administrator as head of the
Administration; in subsec. (c), Administrator’s duties and powers; in subsec.
(d), transfer of duties or powers and effect of Administrator’s decision; and,
in subsec. (e), authority of Secretary of Transportation.

2002—Subsec. (e). Pub. L. 107–217inserted “subtitle I of title 40 and title III of”
before “the Federal Property” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et
seq.)”.

1994—Subsec. (c)(1). Pub. L. 103–272substituted “section 20134 (c) andchapters 203–211 of this title, and chapter 213 of this title in carrying out chapters
203–211” for “section 6(e)(1), (2), and (6)(A) of the Department of
Transportation Act (49
App. U.S.C. 1655(e)(1), (2), and (6)(A))”.

Subsec. (e). Pub. L. 103–440added subsec. (e).

1984—Subsec. (c)(1). Pub. L. 98–216substituted “49 App. U.S.C.” for “49
U.S.C.”.

Update of Federal Railroad Administration’s Website

Pub. L. 110–432, div. A, title III, § 307,Oct.
16, 2008, 122 Stat. 4881, provided that:

“(a) In General.—The Secretary shall update the Federal
Railroad Administration’s public website to better facilitate the ability of the
public, including those individuals who are not regular users of the public
website, to find current information regarding the Federal Railroad
Administration’s activities.

“(b) Public Reporting of Violations.—On the Federal Railroad
Administration’s public website’s home page, the Secretary shall provide a
mechanism for the public to submit written reports of potential violations of
Federal railroad safety and hazardous materials transportation laws,
regulations, and orders to the Federal Railroad Administration.”

[For definitions of “Secretary” and “railroad”, as used in
section 307 ofPub. L. 110–432, set out above, see section 2(a) ofPub. L. 110–432, set out as a note under section 20102 of this title.]

Funds for Broadband High Speed Internet Service Connection for
Federal Railroad Administration Employees

Pub. L. 108–447, div. H, title I, § 151,Dec. 8,
2004, 118 Stat. 3222, provided that: “Notwithstanding any
provisions of this or any other Act, during the fiscal year ending September 30,
2005, and hereafter, the Federal Railroad Administration may use funds
appropriated by this or any other Act to provide for the installation of a
broadband high speed internet service connection, including necessary equipment,
for Federal Railroad Administration employees, and to either pay directly
recurring monthly charges or to reimburse a percentage of such monthly charges
which are paid by such employees: Provided, That the Federal Railroad
Administration certifies that adequate safeguards against private misuse exist,
and that the service is necessary for direct support of the agency’s mission.”

The table below lists the classification updates, since Jan. 3,
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49 USC

Description of Change

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Statutes at Large

This is a list of parts within the Code of Federal Regulations for
which this US Code section provides rulemaking authority.

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Rules provided by GPO
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14 CFR - Title 14—Aeronautics and
Space

14 CFR 300 - RULES
OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR 302 - RULES
OF PRACTICE IN PROCEEDINGS

14 CFR 385 - STAFF
ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS

49 CFR - Title 49—Transportation

49 CFR 225 -
RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS

49 CFR 228 - HOURS
OF SERVICE OF RAILROAD EMPLOYEES

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