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49 U.S.C. § 20107 — Inspection and investigation
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** To carry out this part, the Secretary of Transportation may take actions the Secretary considers necessary, including—
(1) conduct investigations, make reports, issue subpenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements; and
(2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons.
**(b) Entry and Inspection.—** In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and in a reasonable way, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records. When requested, the officer, employee, or agent shall display proper credentials. During an inspection, the officer, employee, or agent is an employee of the United States Government under chapter 171 of title 28.
**(c) Railroad Radio Communications.—**
(1) **In general.—** — To carry out the Secretary’s responsibilities under this part and under chapter 51, the Secretary may authorize officers, employees, or agents of the Secretary to conduct, with or without making their presence known, the following activities in circumstances the Secretary finds to be reasonable:
(A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio frequency which is—
(i) authorized for use by one or more railroad carriers by the Federal Communications Commission; and
(ii) primarily used by such railroad carriers for communications in connection with railroad operations.
(B) Communicating the existence, contents, subs
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Source location: Title 49, Chapter 201, § 20107; chapter-201-general.md
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**(a) General.—** To carry out this part, the Secretary of Transportation may take actions the Secretary considers necessary, including—
(1) conduct investigations, make reports, issue subpenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements; and
(2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons.
**(b) Entry and Inspection.—** In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and in a reasonable way, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records. When requested, the officer, employee, or agent shall display proper credentials. During an inspection, the officer, employee, or agent is an employee of the United States Government under chapter 171 of title 28.
**(c) Railroad Radio Communications.—**
(1) **In general.—** — To carry out the Secretary’s responsibilities under this part and under chapter 51, the Secretary may authorize officers, employees, or agents of the Secretary to conduct, with or without making their presence known, the following activities in circumstances the Secretary finds to be reasonable:
(A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio frequency which is—
(i) authorized for use by one or more railroad carriers by the Federal Communications Commission; and
(ii) primarily used by such railroad carriers for communications in connection with railroad operations.
(B) Communicating the existence, contents, substance, purport, effect, or meaning of the communication, subject to the restrictions in paragraph (3).
(C) Receiving or assisting in receiving the communication (or any information therein contained).
(D) Disclosing the contents, substance, purport, effect, or meaning of the communication (or any part thereof of such communication) or using the communication (or any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or any part thereof).
(E) Recording the communication by any means, including writing and tape recording.
(2) **Accident and incident prevention and investigation.—** — The Secretary, and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may engage in the activities authorized by paragraph (1) for the purpose of accident and incident prevention and investigation.
(3) **Use of information.—**
(A) Information obtained through activities authorized by paragraphs (1) and (2) shall not be admitted into evidence in any administrative or judicial proceeding except—
(i) in a prosecution of a felony under Federal or State criminal law; or
(ii) to impeach evidence offered by a party other than the Federal Government regarding the existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or identity of parties to, a communication intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 20114 of this title.
(B) If information obtained through activities set forth in paragraphs (1) and (2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court, administrative law judge, or other officer before whom the proceeding is conducted may make such protective orders regarding the confidentiality or use of the information as may be appropriate in the circumstances to protect privacy and administer justice.
(C) No evidence shall be excluded in an administrative or judicial proceeding solely because the government would not have learned of the existence of or obtained such evidence but for the interception of information that is not admissible in such proceeding under subparagraph (A).
(D) Information obtained through activities set forth in paragraphs (1) and (2) shall not be subject to publication or disclosure, or search or review in connection therewith, under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
(E) Nothing in this subsection shall be construed to impair or otherwise affect the authority of the United States to intercept a communication, and collect, retain, analyze, use, and disseminate the information obtained thereby, under a provision of law other than this subsection.
(4) **Application with other law.—** — Section 705 of the Communications Act of 1934 ([47 U.S.C. 605](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section605&num=0&edition=prelim)) and chapter 119 of title 18 shall not apply to conduct authorized by and pursuant to this subsection.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintai
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Practices prohibited** Except as authorized by chapter 119, title 18, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the ben
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Federal law — U.S. Code and appendices · legal_authorities
Page 315
TITLE 47—TELECOMMUNICATIONS
§ 605
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 1302 of Title 49,
Transportation, and section 101 of Pub. L. 104–88, set
out as a note under section 1301 of Title 49. References
to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appro-
priate, see section 205 of Pub. L. 104–88, set out as a
note under section 1301 of Title 49.
§ 605. Unauthorized publication or use of commu-
nications
(a) Practices prohibited
Except as authorized by chapter 119, title 18,
no person receiving, assisting in receiving,
transmitting, or assisting in transmitting, any
interstate or foreign communication by wire or
radio shall divulge or publish the existence, con-
tents, substance, purport, effect, or meaning
thereof, except through authorized channels of
transmission or reception, (1) to any person
other than the addressee, his agent, or attorney,
(2) to a person employed or authorized to for-
ward such communication to its destination, (3)
to proper accounting or distributing officers of
the various communicating centers over which
the communication may be passed, (4) to the
master of a ship under whom he is serving, (5) in
response to a subpena issued by a court of com-
petent jurisdiction, or (6) on demand of other
lawful authority. No person not being author-
ized by the sender shall intercept any radio com-
munication and divulge or publish the existence,
contents, substance, purport, effect, or meaning
of such intercepted communication to any per-
son. No person not being entitled thereto shall
receive or assist in receiving any interstate or
foreign communication by r
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 605
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 49—TRANSPORTATION
§ 20107
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20106 ..........
45:434.
Oct. 16, 1970, Pub. L. 91–458,
§ 205, 84 Stat. 972.
In this section, before clause (1), the words ‘‘The Con-
gress declares that’’ are omitted as unnecessary. In
clause (3), the word ‘‘unreasonably’’ is substituted for
‘‘undue’’ for consistency in the revised title and with
other titles of the United States Code.
Editorial Notes
AMENDMENTS
2007—Pub. L. 110–53 amended section generally. Prior
to amendment, text of section read as follows: ‘‘Laws,
regulations, and orders related to railroad safety and
laws, regulations, and orders related to railroad secu-
rity shall be nationally uniform to the extent prac-
ticable. A State may adopt or continue in force a law,
regulation, or order related to railroad safety or secu-
rity until the Secretary of Transportation (with re-
spect to railroad safety matters), or the Secretary of
Homeland Security (with respect to railroad security
matters), prescribes a regulation or issues an order cov-
ering 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 rail-
road safety or security when the law, regulation, or
order—
‘‘(1) is necessary to eliminate or reduce an essen-
tially local safety or security hazard;
‘‘(2) is not incompatible with a law, regulation, or
order of the United States Government; and
‘‘(3) does not unreasonably burden interstate com-
merce.’’
2002—Pub. L. 107–296, § 1710(c), in introductory provi-
sions, in first sentence inserted ‘‘and laws, regulations,
and orders related to railroad security’’ after ‘‘safety’’,
in second sentence subs
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20107
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