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49 U.S.C. § 20104 — Emergency authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) Ordering Restrictions and Prohibitions.—**
(1) If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to [section 20103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20103/e&num=0&edition=prelim), that may be necessary to abate the situation.
(2) The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists.
**(b) Review of Orders.—** After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists.
**(c) Civil Actions To Compel Issuance of Orders.—** An employee of a railroad carrier engaged in interstate or foreign commerce who may be exposed to imminent physical injury during that employment because of
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**(a) Ordering Restrictions and Prohibitions.—**
(1) If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to [section 20103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20103/e&num=0&edition=prelim), that may be necessary to abate the situation.
(2) The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists.
**(b) Review of Orders.—** After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists.
**(c) Civil Actions To Compel Issuance of Orders.—** An employee of a railroad carrier engaged in interstate or foreign commerce who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under subsection (a) of this section, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action must be brought in the judicial district in which the emergency situation is alleged to exist, in which that employing carrier has its principal executive office, or for the District of Columbia. The Secretary’s failure to issue an order under subsection (a) of this section may be reviewed only under [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreasonably delayed; and
(2) hold unlawful and set aside agency action, findings, and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 431, Pub. L. 91–458, title II, § 202, Oct. 16, 1970, 84 Stat. 971; Pub. L. 94–348, § 5, July 8, 1976, 90 Stat. 819; Pub. L. 96–423, § 14, Oct. 10, 1980, 94 Stat. 1817; Pub. L. 97–468, title VII, § 702(a), (c), Jan. 14, 1983, 96 Stat. 2579; Pub. L. 100–342, §§ 4(a), 7, 9, 10, 19(a), 21–23, June 22, 1988, 102 Stat. 625, 628, 629, 637–639; Pub. L. 102–143, title V, § 4, Oct. 28, 1991, 105 Stat. 957; Pub. L. 102–365, §§ 2, 5(a)(1), 7, 8, 10, Sept. 3, 1992, 106 Stat. 972, 975, 976, 978; Pub. L. 102–533, § 14, Oct. 27, 1992, 106 Stat. 3522, authorized Secretary of Transportation to promulgate rules, regulations, orders, and standards for all areas of railroad safety. See sections 20102, 20103, 20103 note, 20108, 20110, 20114, 20131 to 20143, and 24902 of Title 49, Transportation.
Section 432, Pub. L. 91–458, title II, § 203, Oct. 16, 1970, 84 Stat. 972; Pub. L. 96–423, § 3, Oct. 10, 1980, 94 Stat. 1811, related to emergency powers of Secretary of Transportation. See [section 20104 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20104&num=0&edition=prelim).
Section 433, Pub. L. 91–458, title II, § 204, Oct. 16, 1970, 84 Stat. 972, required Secretary of Transportation to submit comprehensive study and recommendation of means of eliminating and protecting railroad grade crossings and protecting pedestrians. See [section 20134 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20134&num=0&edition=prelim).
Section 434, Pub. L. 91–458, title II, § 205, Oct. 16, 1970, 84 Stat. 972, declared that laws, rules, regulations, orders, and standards relating to railroad safety were to be nationally uniform, but permitted more stringent yet compatible State regulation. See [section
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusive Authority.—** The Secretary of Transportation has exclusive authority—
(1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
(2) except as provided in [section 20113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20113&num=0&edition=prelim), to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
(3) to recommend appropriate action be taken under [section 20112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112/a&num=0&edition=prelim).
**(b) Compliance Orders.—** The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.
**(c) Orders Prohibiting Individuals From Performing Safety-Sensitive Functions.—**
(1) If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.
(2) This subsection does not affect the Secretary’s authority under [section 20104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20104&num=0&edition=prelim) to act on an emergency basis.
**(d) Regulations Requiring Reporting of Remedial Actions.—**
(1) The
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20111
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Federal law — U.S. Code and appendices · legal_authorities
Page 556
TITLE 49—TRANSPORTATION
§ 20104
1 So in original. Probably should be ‘‘Secretary concerned’’.
‘‘(d) REVIEW OF DATA.—
‘‘(1) IN GENERAL.—The Secretary shall establish a
program to periodically review bridge inspection and
maintenance data from railroad carrier bridge inspec-
tors and Federal Railroad Administration bridge ex-
perts.
‘‘(2) AVAILABILITY OF BRIDGE CONDITION.—
‘‘(A) IN GENERAL.—A State or political subdivision
of a State may file a request with the Secretary for
a public version of a bridge inspection report gen-
erated under subsection (b)(5) for a bridge located
in such State or political subdivision’s jurisdiction.
‘‘(B) PUBLIC VERSION OF REPORT.—If the Secretary
determines that the request is reasonable, the Sec-
retary shall require a railroad to submit a public
version of the most recent bridge inspection report,
such as a summary form, for a bridge subject to a
request under subparagraph (A). The public version
of a bridge inspection report shall include the date
of last inspection, length of bridge, location of
bridge, type of bridge, type of structure, feature
crossed by bridge, and railroad contact informa-
tion, along with a general statement on the condi-
tion of the bridge.
‘‘(C) PROVISION OF REPORT.—The Secretary shall
provide to a State or political subdivision of a
State a public version of a bridge inspection report
submitted under subparagraph (B).
‘‘(D) TECHNICAL ASSISTANCE.—The Secretary, upon
the reasonable request of State or political subdivi-
sion of a State, shall provide technical assistance
to such State or political subdivision of a State to
facilitate the understanding of a bridge inspection
report.’’
[For definitions of ‘‘Secretary’’, ‘‘railroad’’, and
‘‘railroad carrier’’, as used in section 41
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20104
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