49 U.s.c. 20113

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. 20113. Enforcement by the States

(a) Injunctive Relief. - If the Secretary of Transportation does

not begin a civil action under section 20112 of this title to

enjoin the violation of a railroad safety regulation prescribed or

order issued by the Secretary not later than 15 days after the date

the Secretary receives notice of the violation and a request from a

State authority participating in investigative and surveillance

activities under section 20105 of this title that the action be

brought, the authority may bring a civil action in a district court

of the United States to enjoin the violation. This subsection does

not apply if the Secretary makes an affirmative written finding

that the violation did not occur or that the action is not

necessary because of other enforcement action taken by the

Secretary related to the violation.

(b) Imposition and Collection of Civil Penalties. - If the

Secretary does not impose the applicable civil penalty for a

violation of a railroad safety regulation prescribed or order

issued by the Secretary not later than 60 days after the date of

receiving notice from a State authority participating in

investigative and surveillance activities under section 20105 of

this title, the authority may bring a civil action in a district

court of the United States to impose and collect the penalty. This

paragraph does not apply if the Secretary makes an affirmative

written finding that the violation did not occur.

(c) Venue. - A civil action under this section may be brought in

the judicial district in which the violation occurred or the

defendant has its principal executive office. However, a State

authority may not bring an action under this section outside the

State.

Source

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)

Historical and Revision Notes

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

Large)

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20113(a) 45:436(b)(1) Oct. 16, 1970, Pub.

(related to L. 91-458, Sec.

authority to bring 207(b), (c), 84

actions), (2). Stat. 974; Nov. 2,

1978, Pub. L. 95-

574, Sec. 8, 92

Stat. 2461;

restated Oct. 10,

1980, Pub. L. 96-

423, Sec. 5, 94

Stat. 1812.

45:439(a) (related Oct. 16, 1970, Pub.

to actions by L. 91-458, Sec.

States). 210(a) (related to

actions by States),

84 Stat. 975; Oct.

10, 1980, Pub. L.

96-423, Sec. 9(a),

94 Stat. 1814; Nov.

16, 1990, Pub. L.

101-615, Sec.

28(f), 104 Stat.

3277.

20113(b) 45:436(a)(1) Oct. 16, 1970, Pub.

(related to L. 91-458, Sec.

authority to bring 207(a), 84 Stat.

actions), (2). 974; Nov. 2, 1978,

Pub. L. 95-574,

Sec. 8, 92 Stat.

2461; restated Oct.

10, 1980, Pub. L.

96-423, Sec. 5, 94

Stat. 1812; Nov.

16, 1990, Pub. L.

101-615, Sec.

28(e), 104 Stat.

3277.

20113(c) 45:436(a)(1)

(related to venue),

(b)(1) (related to

venue), (c).

45:439(c) (related Oct. 16, 1970, Pub.

to actions by L. 91-458, 84 Stat.

States). 971, Sec. 210(c)

(related to actions

by States); added

Oct. 10, 1980, Pub.

L. 96-423, Sec.

9(b), 94 Stat.

1815.

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In subsection (a), the language about jurisdiction in 45:439(a)

(related to actions by States) is omitted for the reasons explained

in the revision note for section 20112(a) of the revised title.

In subsection (b), the word ''impose'' is substituted for

''assess'' for consistency. The words ''the authority may bring a

civil action in an appropriate district court of the United

States'' are substituted for ''agency may apply to the United

States district court'' for consistency in the revised title and

with other titles of the United States Code. The words ''included

in or made applicable to such rule, regulation, order, or

standard'' are omitted as surplus.

In subsection (c), the reference to ''section 207(d)'' in section

210(c) of the Federal Railroad Safety Act of 1970 (Public Law

91-458, 84 Stat. 971), as added by section 9(b) of the Federal

Railroad Safety Authorization Act of 1980 (Public Law 96-423, 94

Stat. 1815), is assumed to have been intended as a reference to

section 207(c). The Federal Railroad Safety Authorization Act of

1980 was derived from S. 2730, which in turn was derived from H.R.

7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier

version of H.R. 7104 was redesignated as section 207(c) during the

legislative process and no section 207(d) was enacted. See H.R.

Rept. No. 96-1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20111, 21301 of this

title.