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49 U.S.C. § 20103 — General authority

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

49 U.S.C. § 20103 — General authority

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Source location: Title 49, Chapter 201, § 20103; chapter-201-general.md

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**(a) Regulations and Orders.—** The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders for every area of railroad safety supplementing laws and regulations in effect on October 16, 1970. When prescribing a security regulation or issuing a security order that affects the safety of railroad operations, the Secretary of Homeland Security shall consult with the Secretary. **(b) Regulations of Practice for Proceedings.—** The Secretary shall prescribe regulations of practice applicable to each proceeding under this chapter. The regulations shall reflect the varying nature of the proceedings and include time limits for disposition of the proceedings. The time limit for disposition of a proceeding may not be more than 12 months after the date it begins. **(c) Consideration of Information and Standards.—** In prescribing regulations and issuing orders under this section, the Secretary shall consider existing relevant safety information and standards. **(d) Nonemergency Waivers.—** (1) **In general.—** — The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety. (2) **Notice required.—** — The Secretary shall— (A) provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations; (B) make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties; (C) provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and (D) publish on a publicly accessible website the reasons for granting each such waiver or suspension. (3) **Information protection.—** — Nothing in this subsection may be construed to require the release of information protected by law from public disclosure. (4) **Rulemaking.—** (A) *In general.—* — Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is— (i) in the public interest; and (ii) consistent with railroad safety. (B) *Factors.—* — In conducting the review and analysis under subparagraph (A), the Secretary shall consider— (i) the relevant safety record under the waiver or suspension; (ii) the likelihood that other entities would have similar safety outcomes; (iii) the materials submitted in the applications, including any comments regarding such materials; and (iv) related rulemaking activity. (C) *Notice and comment.—* (i) *In general.—* — The Secretary shall publish the review and analysis required under this paragraph in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, if the Secretary decides not to initiate a regulatory update under subparagraph (D). (ii) *Notice of proposed rulemaking.—* — The review and analysis under this paragraph shall be included as part of the notice of proposed rulemaking if the Secretary initiates a regulatory update under subparagraph (D). (D) *Regulatory update.—* — The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate. (5) **Rule of construction.—** — Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety. **(e) Hearings.—** The Secretary shall conduct a hearing as provided by [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an oral presentation shall be provided. **(f) Tourist Railroad Carriers.—** In prescribing regulations that pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take into consideration any financial, operational, or other factors that may be unique to such railroad carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on actions taken under this subsection. **(g) Emergency Waivers.—** (1) **In general.—** — The Secretary may waive compliance with any part of a regulation prescribed or order issued under this part without prior notice and comment if the Secretary determines that— (A) it is in the public interest to grant the waiver; (B) the waiver is not inconsistent with railroad safety; and (C) the waiver is necessary to address an actual or impending emergency situation or emergency event. (2) **Period of waiver.—** — A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this part. (3) **Statement of reasons.—** — The Secretary shall state in the decision issued under this subsection the reasons for granting the waiver. (4) **Consultation.—** — In granting a waiver under this subsection, the Secretary shall consult and coordinate with other Federal agencies, as appropriate, for matters that may impact such agencies. (5) **Emergency situation; emergency event.—** — In this subsection, the terms “emergency situation” and “emergency event” mean a natural or manmade disaster, such as a hurricane, flood, earthquake, mudslide, forest fire, snowstorm, terrorist act, biological outbreak, release of a dangerous radiological, chemical, explosive, or biological material, or a war-related activity, that poses a risk of death, serious illness, severe injury, or substantial property damage. The disaster may be local, regional, or national in scope.

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

49 U.S.C. § 20102 — Definitions

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

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

49 U.S.C. § 24102 — Definitions

In this part— (1) “auto-ferry transportation” means intercity rail passenger transportation— (A) of automobiles or recreational vehicles and their occupants; and (B) when space is available, of used unoccupied vehicles. (2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation. (3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations. (4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation. (5) “long-distance route” means a route described in subparagraph (C) of paragraph (7). (6) “National Network” includes long-distance routes and State-supported routes. (7) “national rail passenger transportation system” means— (A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia; (B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established; (C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and (D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by— (i) Amtrak; or (ii) another rail carrier that receives funds under chapter 229. (8) “Northeast Corridor” means Con

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

49 U.S.C. § 5103 — General regulatory authority

**(a) Designating Material as Hazardous.—** The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property. **(b) Regulations for Safe Transportation.—** (1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations— (A) apply to a person who— (i) transports hazardous material in commerce; (ii) causes hazardous material to be transported in commerce; (iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; (iv) prepares or accepts hazardous material for transportation in commerce; (v) is responsible for the safety of transporting hazardous material in commerce; (vi) certifies compliance with any requirement under this chapter; or (vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and (B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate. (2) A proceeding to prescribe the regulations must be conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5103

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

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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

42 U.S.C. § 12187 — Prohibition of discrimination in specified public transportation services provided by private entities

**(a) General rule** No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. **(b) Construction** For purposes of subsection (a), discrimination includes— (1) the imposition or application by a 11 So in original. Probably should be “an”. entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered; (2) the failure of such entity to— (A) make reasonable modifications consistent with those required under [section 12182(b)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182/b/2/A/ii&num=0&edition=prelim); (B) provide auxiliary aids and services consistent with the requirements of [section 12182(b)(2)(A)(iii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182/b/2/A/iii&num=0&edition=prelim); and (C) remove barriers consistent with the requirements of [section 12182(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12182/b/2/A&num=0&edition=prelim) and with the requirements of [section 12183(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12183/a/2&num=0&edition=prelim); (3) the purchase or lease by such entity of a new vehicle (other than an automobi

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

49 U.S.C. § 20103 — General authority

Page 552 TITLE 49—TRANSPORTATION § 20103 the use of nonvehicular traffic, including pedes- trians, 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) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(3) RAILROAD.—The term ‘railroad’ has the mean- ing given that term by section 20102 of title 49, United States Code. ‘‘(4) RAILROAD CARRIER.—The term ‘railroad carrier’ has the meaning given that term by section 20102 of title 49, United States Code. ‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(6) STATE.—The term ‘State’ means a State of the United States, the District of Columbia, or the Com- monwealth of Puerto Rico.’’ § 20103. General authority (a) REGULATIONS AND ORDERS.—The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders for every area of railroad safety supplementing laws and regula- tions in effect on October 16, 1970. When pre- scribing a security regulation or issuing a secu- rity order that affects the safety of railroad op- erations, the Secretary of Homeland Security shall consult with the Secretary. (b) REGULATIONS OF PRACTICE FOR PRO- CEEDINGS.—The Secretary shall prescribe regula- tions of practice applicable to each proceeding under this chapter. The regulations shall reflect the varying nature of the proceedings and in- clude time limits for disposition of the pro- ceedings. The time limit for disposition of a pro- ceeding may not be more than 12 months after the date it begins. (c) CONSIDERATION OF INFORMATION AND STAND- ARDS.—In prescribing regulations and issuing or- ders under this section, the

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 20103

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