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49 U.S.C. § 20160 — National crossing inventory

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20160 — National crossing inventory

**(a) Initial Reporting of Information About Previously Unreported Crossings.—** Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall— (1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or (2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. **(b) Updating of Crossing Information.—** (1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall— (A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or (B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. (2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concernin

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Source location: Title 49, Chapter 201, § 20160; chapter-201-general.md

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**(a) Initial Reporting of Information About Previously Unreported Crossings.—** Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall— (1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or (2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. **(b) Updating of Crossing Information.—** (1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall— (A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or (B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. (2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing. **(c) Rulemaking Authority.—** The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section. **(d) Definitions.—** In this section: (1) **Crossing.—** — The term “crossing” means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where— (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or (B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated. (2) **State.—** — The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 21301 — Chapter 201 general violations

**(a) Penalty.—** (1) A person may not fail to comply with section 20160 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating [section 20160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20160&num=0&edition=prelim) or a regulation prescribed or order issued by the Secretary under chapter 201 is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues. (2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The Secretary shall impose a civil penalty for a violation of [section 20160 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20160&num=0&edition=prelim). The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000. (3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may com

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20160 — National crossing inventory

Page 593 TITLE 49—TRANSPORTATION § 20160 Subsec. (a)(1)(B). Pub. L. 114–73, § 1302(b)(1)(E), sub- stituted ‘‘defined in sections’’ for ‘‘defined in parts’’. Subsec. (a)(2), (3). Pub. L. 114–73, § 1302(b)(2), added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The plan shall describe how it will provide for interoperability of the system with movements of trains of other railroad carriers over its lines and shall, to the extent practical, implement the system in a manner that addresses areas of greater risk before areas of lesser risk. The railroad carrier shall implement a positive train control system in accordance with the plan.’’ Subsecs. (c) to (e). Pub. L. 114–73, § 1302(b)(3), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related, respectively, to review and approval of plans, progress report on implementation of positive train control systems, and enforcement of section. Subsec. (g). Pub. L. 114–73, § 1302(c), designated exist- ing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (g)(3). Pub. L. 114–94, § 11315(d)(2), substituted ‘‘to conform with this section’’ for ‘‘by paragraph (2) and subsection (k)’’. Subsec. (g)(4). Pub. L. 114–94, § 11315(d)(1), added par. (4). Subsec. (h). Pub. L. 114–73, § 1302(b)(4), designated ex- isting provisions as par. (1), inserted heading, and added par. (2). Subsec. (i). Pub. L. 114–73, § 1302(b)(5), added pars. (1) and (2) and redesignated former pars. (1) to (3) as (3) to (5), respectively. Subsecs. (j) to (l). Pub. L. 114–73, § 1302(b)(6), added subsecs. (j) to (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct.

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