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45 U.S.C. § 431 to 447 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

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

45 U.S.C. § 431 to 447 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

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Source file: Laws/federal/codes/united-states-code/title-45/section-431-to-447-45-u-s-c-431-to-447-repealed-pub-l-103272-7-b-july-5-1994-108-stat-1379--af7c9380f7.md
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Source location: Title 45, Chapter 13, § 431 to 447; chapter-013-railroad-safety.md

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### 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 20106 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20106&num=0&edition=prelim). Section 435, Pub. L. 91–458, title II, § 206, Oct. 16, 1970, 84 Stat. 972; Pub. L. 96–423, § 4, Oct. 10, 1980, 94 Stat. 1812; Pub. L. 101–615, § 28(a)–(d), Nov. 16, 1990, 104 Stat. 3276, 3277, related to investigative and surveillance activities by State in connection with any rule, regulation, order, or standard related to railroad safety prescribed by Secretary of Transportation. See sections 20105, 20111, and 20117 of Title 49. Section 436, Pub. L. 91–458, title II, § 207, Oct. 16, 1970, 84 Stat. 974; Pub. L. 95–574, § 8, Nov. 2, 1978, 92 Stat. 2461; Pub. L. 96–423, § 5, Oct. 10, 1980, 94 Stat. 1812; Pub. L. 101–615, § 28(e), Nov. 16, 1990, 104 Stat. 3277, related to actions by State agencies to enforce compliance with Federal railroad safety rules, regulations, orders, and standards. See [section 20113 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20113&num=0&edition=prelim). Section 437, Pub. L. 91–458, title II, § 208, Oct. 16, 1970, 84 Stat. 974; Pub. L. 93–633, title II, § 206, Jan. 3, 1975, 88 Stat. 2166; Pub. L. 95–574, § 9, Nov. 2, 1978, 92 Stat. 2462; Pub. L. 96–423, § 6, Oct. 10, 1980, 94 Stat. 1813; Pub. L. 100–342, § 8, June 22, 1988, 102 Stat. 628, related to general powers of Secretary of Transportation. See [section 54a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section54a&num=0&edition=prelim) and sections 20107, 20108, 20111, and 20112 of Title 49. Section 438, Pub. L. 91–458, title II, § 209, Oct. 16, 1970, 84 Stat. 975; Pub. L. 93–633, title II, § 204(a), Jan. 3, 1975, 88 Stat. 2165; Pub. L. 96–423, §§ 7, 8(a), Oct. 10, 1980, 94 Stat. 1814; Pub. L. 97–468, title VII, § 706, Jan. 14, 1983, 96 Stat. 2581; Pub. L. 100–342, § 3(a), June 22, 1988, 102 Stat. 624; Pub. L. 102–365, §§ 4(a)(1), (c)(1), 9(a)(1), Sept. 3, 1992, 106 Stat. 973, 974, 977, related to civil penalties for violations of any railroad safety rule, regulation, order, or standard issued under this subchapter or violations of [section 39 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section39&num=0&edition=prelim). See sections 20111, 20112, 20114, 21301, 21302, 21304, and 21311 of Title 49. Section 439, Pub. L. 91–458, title II, § 210, Oct. 16, 1970, 84 Stat. 975; Pub. L. 96–423, § 9, Oct. 10, 1980, 94 Stat. 1814; Pub. L. 101–615, § 28(f), Nov. 16, 1990, 104 Stat. 3277, related to restraint of violations of this subchapter and certain other statutes and to enforcement of rules, etc., established under such subchapter or statutes. See sections 20112 to 20114 of Title 49. Section 440, Pub. L. 91–458, title II, § 211, Oct. 16, 1970, 84 Stat. 976; Pub. L. 93–633, title II, § 203, Jan. 3, 1975, 88 Stat. 2164; Pub. L. 94–56, § 2, July 19, 1975, 89 Stat. 263; Pub. L. 96–470, title II, § 209(a), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 100–342, § 12, June 22, 1988, 102 Stat. 630, related to annual report by Secretary of Transportation on administration of this subchapter. See [section 20116 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20116&num=0&edition=prelim). Section 441, Pub. L. 91–458, title II, § 212, as added Pub. L. 96–423, § 10, Oct. 10, 1980, 94 Stat. 1815; amended Pub. L. 100–342, § 5, June 22, 1988, 102 Stat. 627; Pub. L. 102–365, § 5(b), Sept. 3, 1992, 106 Stat. 975, related to protection and rights of railroad employees. See [section 20109 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20109&num=0&edition=prelim). A prior section 441, Pub. L. 91–458, title II, § 212, Oct. 16, 1970, 84 Stat. 977; Pub. L. 93–90, § 2, Aug. 14, 1973, 87 Stat. 305; Pub. L. 93–633, title II, § 205, Jan. 3, 1975, 88 Stat. 2166; Pub. L. 94–56, § 3, July 19, 1975, 89 Stat. 263; Pub. L. 94–348, § 2(a), July 8, 1976, 90 Stat. 817; Pub. L. 95–574, § 2, Nov. 2, 1978, 92 Stat. 2459, authorized appropriations to carry out this chapter, prior to repeal by Pub. L. 96–423, § 2, Oct. 10, 1980, 94 Stat. 1811. Section 442, Pub. L. 95–574, § 3, Nov. 2, 1978, 92 Stat. 2459, related to limitations on funding for railroad research and development programs. See [section 20117 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20117&num=0&edition=prelim), Transportation. Section 443, Pub. L. 91–458, title II, § 213, as added Pub. L. 96–423, § 11, Oct. 10, 1980, 94 Stat. 1816, related to pay classifications of railroad safety inspectors and railroad safety specialists. See [section 5109(c) of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5109/c&num=0&edition=prelim), Government Organization and Employees. Section 444, Pub. L. 91–458, title II, § 214, as added Pub. L. 96–423, § 2, Oct. 10, 1980, 94 Stat. 1811; amended Pub. L. 97–35, title XI, § 1195, Aug. 13, 1981, 95 Stat. 702; Pub. L. 97–468, title VII, § 703, Jan. 14, 1983, 96 Stat. 2580; Pub. L. 100–342, § 2, June 22, 1988, 102 Stat. 624; Pub. L. 101–508, title X, § 10501(b), Nov. 5, 1990, 104 Stat. 1388–400; Pub. L. 102–365, § 12, Sept. 3, 1992, 106 Stat. 980, authorized appropriations to carry out this chapter. See sections 20108 and 20117 of Title 49, Transportation. Section 445, Pub. L. 91–458, title II, § 215, as added Pub. L. 100–342, § 20, June 22, 1988, 102 Stat. 638, related to grade crossing demonstration projects to reduce accidents involving trains. See sections 20117 and 20134 of Title 49. Section 446, Pub. L. 101–647, title XVII, § 1704, Nov. 29, 1990, 104 Stat. 4846, related to railroad police officers. See [section 28101 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section28101&num=0&edition=prelim). Section 447, Pub. L. 91–458, title II, § 216, as added Pub. L. 101–508, title X, § 10501(a), Nov. 5, 1990, 104 Stat. 1388–399, related to railroad user fees. See [section 20115 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20115&num=0&edition=prelim).

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

49 U.S.C. § 20117 — Authorization of appropriations

**(a) In General.—** (1) There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or authorized by the Secretary— (A) $225,000,000 for fiscal year 2009; (B) $245,000,000 for fiscal year 2010; (C) $266,000,000 for fiscal year 2011; (D) $289,000,000 for fiscal year 2012; and (E) $293,000,000 for fiscal year 2013. (2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety consistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008. (3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2009 through 2013 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders. (4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security. **(b) Grade Crossing Safety.—** Not more than $1,000,000 may be appropriated to the Secretary for improvements in grade crossing safety, e

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49 U.S.C. § 20134 — Grade crossings and railroad rights of way

**(a) General.—** To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry out solutions to the railroad grade crossing problem and measures to protect pedestrians in densely populated areas along railroad rights of way. To carry out this subsection, the Secretary may use the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority. **(b) Signal Systems and Other Devices.—** Not later than June 22, 1989, the Secretary shall prescribe regulations and issue orders to ensure the safe maintenance, inspection, and testing of signal systems and devices at railroad highway grade crossings. **(c) Demonstration Projects.—** (1) The Secretary shall establish demonstration projects to evaluate whether accidents and incidents involving trains would be reduced by— (A) reflective markers installed on the road surface or on a signal post at railroad grade crossings; (B) stop signs or yield signs installed at grade crossings; and (C) speed bumps or rumble strips installed on the road surfaces at the approaches to grade crossings. (2) Not later than June 22, 1990, the Secretary shall submit a report on the results of the demonstration projects to the Committee on Transportation and Infrastructure of the House of Representative

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49 U.S.C. § 20104 — Emergency authority

**(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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49 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), 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

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

49 U.S.C. § 28101 — Rail police officers

**(a) In General.—** Under regulations prescribed by the Secretary of Transportation, a rail police officer who is directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier owns property, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect— (1) employees, passengers, or patrons of the rail carrier; (2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier; (3) property moving in interstate or foreign commerce in the possession of the rail carrier; and (4) personnel, equipment, and material moving by rail that are vital to the national defense. **(b) Assignment.—** A railroad police officer directly employed by or contracted by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee or agent, as applicable, of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a). **(c) Transfers.—** (1) **In general.—** — If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1

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

49 U.S.C. § 20106 — Preemption

**(a) National Uniformity of Regulation.—** (1) Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. (2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order— (A) is necessary to eliminate or reduce an essentially local safety or security hazard; (B) is not incompatible with a law, regulation, or order of the United States Government; and (C) does not unreasonably burden interstate commerce. **(b) Clarification Regarding State Law Causes of Action.—** (1) Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party— (A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section; (B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or (C) has failed to comply with a State law, regulation,

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

49 U.S.C. § 20116 — Rulemaking process

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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49 U.S.C. § 20115 — User fees

**(a) Schedule of Fees.—** The Secretary of Transportation shall prescribe by regulation a schedule of fees for railroad carriers subject to this chapter. The fees— (1) shall cover the costs of carrying out this chapter (except section 20108(a)); (2) shall be imposed fairly on the railroad carriers, in reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles, or other relevant factors; and (3) may not be based on that part of industry revenues attributable to a railroad carrier or class of railroad carriers. **(b) Collection Procedures.—** The Secretary shall prescribe procedures to collect the fees. The Secretary may use the services of a department, agency, or instrumentality of the United States Government or of a State or local authority 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 activities 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

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

45 U.S.C. § 54a — Certain Federal and State regulations deemed statutory authority

A regulation, standard, or requirement in force, or prescribed by the Secretary of Transportation under chapter 201 of title 49 or by a State agency that is participating in investigative and surveillance activities under [section 20105 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), is deemed to be a statute under sections 53 and 54 of this title.

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

49 U.S.C. § 20109 — Employee protections

**(a) In General.—** A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done— (1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by— (A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under chapter 4 of title 5; 11 So in original. A closing parenthesis probably should precede the semicolon. (B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or (C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct; (2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security; (3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 o

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