49 U.s.c. 20105

United State Code
  TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
      PART A - SAFETY
        CHAPTER 201 - GENERAL
          SUBCHAPTER I - GENERAL

U.S. Code as of: 01/26/1998

Sec. 20105. State participation

(a) Investigative and Surveillance Activities. - The Secretary of

Transportation may prescribe investigative and surveillance

activities necessary to enforce the safety regulations prescribed

and orders issued by the Secretary 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 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, 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 under subsection (a) of

this section; and

(B) a report, in the form the Secretary 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), 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 in

enforcing railroad safety regulations prescribed and orders

issued by the Secretary, 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 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

decides the State authority is not complying satisfactorily with

the investigative and surveillance activities prescribed under

subsection (a) of this section, the Secretary may reject any part

of the certification or take other appropriate action to achieve

adequate enforcement. The Secretary must give the authority notice

and an opportunity for a hearing before taking action under this

paragraph. When the Secretary 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.

(c) Agreement When Certification Not Received. - (1) If the

Secretary does not receive an annual certification under subsection

(a) of this section related to any railroad equipment, facility,

rolling stock, or operation, the Secretary may make an agreement

with a State authority for the authority to provide any part of the

investigative and surveillance activities prescribed by the

Secretary as necessary to enforce the safety regulations and orders

applicable to the equipment, facility, rolling stock, or operation.

(2) The Secretary 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 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) Agreement for Investigative and Surveillance Activities. - In

addition to providing for State participation under this section,

the Secretary may make an agreement with a State to provide

investigative and surveillance activities related to the

Secretary's duties under chapters 203-213 of this title.

(e) Payment. - On application by a State authority that has

submitted a certification under subsections (a) and (b) of this

section or made an agreement under subsection (c) or (d) of this

section, the Secretary shall pay not more than 50 percent of the

cost of the personnel, equipment, and activities of the authority

needed, during the next fiscal year, to carry out a safety program

under the certification or agreement. However, the Secretary may

pay an authority only when the authority assures the Secretary that

it will provide the remaining cost of the safety program and that

the total State money expended for the safety program, excluding

grants of the United States Government, will be at least as much as

the average amount expended for the fiscal years that ended June

30, 1969, and June 30, 1970.

(f) Monitoring. - The Secretary may monitor State investigative

and surveillance practices and carry out other inspections and

investigations necessary to help enforce this chapter.

Source

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at

Large)

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20105(a) 45:435(a) (1st Oct. 16, 1970, Pub.

sentence related to L. 91-458, Sec.

authority for State 206(a) (1st

participation). sentence), (b),

(f), 84 Stat. 972,

973, 974; Nov. 16,

1990, Pub. L. 101-

615, Sec. 28(a)(1)-

(3), (b), (c), 104

Stat. 3276, 3277.

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, Pub.

L. 91-458, Sec.

206(c), (e), 84

Stat. 973, 974.

20105(d) 45:435(g). Oct. 16, 1970, Pub.

L. 91-458, 84 Stat.

971, Sec. 206(g);

added Oct. 10,

1980, Pub. L. 96-

423, Sec. 4(a), 94

Stat. 1812.

20105(e) 45:435(d). Oct. 16, 1970, Pub.

L. 91-458, Sec.

206(d), 84 Stat.

974; Oct. 10, 1980,

Pub. L. 96-423,

Sec. 4(b), 94 Stat.

1812.

20105(f) 45:435(e).

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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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20108, 20113, 20117 of

this title; title 45 section 54a.