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49 U.S.C. § 20116 — Rulemaking process
Federal law — U.S. Code and appendices · legal_authorities
No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—
(1) the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
(2) the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
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Source file: Laws/federal/codes/united-states-code/title-49/section-20116-rulemaking-process--572611dc55.md
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Source location: Title 49, Chapter 201, § 20116; chapter-201-general.md
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No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—
(1) the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
(2) the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
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Federal law — U.S. Code and appendices · legal_authorities
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):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 431 to 447
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Federal law — U.S. Code and appendices · legal_authorities
Page 568
TITLE 49—TRANSPORTATION
§ 20116
ment, agency, or instrumentality of the United
States Government or of a State or local au-
thority to collect the fees, and may reimburse
the department, agency, or instrumentality a
reasonable amount for its services.
(c) COLLECTION, DEPOSIT, AND USE.—(1) The
Secretary shall impose and collect fees under
this section for each fiscal year before the end of
the fiscal year.
(2) Fees collected under this section shall be
deposited in the general fund of the Treasury as
offsetting receipts. The fees may be used, to the
extent provided in advance in an appropriation
law, only to carry out this chapter.
(3) Fees prescribed under this section shall be
imposed in an amount sufficient to pay for the
costs of activities under this chapter. However,
the total fees received for a fiscal year may not
be more than 105 percent of the total amount of
the appropriations for the fiscal year for activi-
ties to be financed by the fees.
(d) ANNUAL REPORT.—(1) Not later than 90 days
after the end of each fiscal year in which fees
are collected under this section, the Secretary
shall report to Congress on—
(A) the amount of fees collected during that
fiscal year;
(B) the impact of the fees on the financial
health of the railroad industry and its com-
petitive position relative to each competing
mode of transportation; and
(C) the total cost of Government safety ac-
tivities for each other competing mode of
transportation, including any part of that
total cost defrayed by Government user fees.
(2) Not later than 90 days after submitting a
report for a fiscal year, the Secretary shall sub-
mit to Congress recommendations for corrective
legislation if the report includes a finding that—
(A) there has been an impact from t
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20116
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