49 U.S.C. § 24103 — Enforcement

Page 669 TITLE 49—TRANSPORTATION § 24103 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 24102(4) ...... 45:502(8). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 103(8), (9); added Aug. 13, 1981, Pub. L. 97–35, § 1173(3), 95 Stat. 689. 24102(5) ...... 45:502(9). 24102(6) ...... 45:502(11). Oct. 30, 1970, Pub. L. 91–518, § 103(11), 84 Stat. 1328; Nov. 3, 1973, Pub. L. 93–146, § 2(1), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 539; Aug. 13, 1981, Pub. L. 97–35, § 1173(1), (4), 95 Stat. 689. 24102(7) ...... 45:502(13). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 103(13); added Oct. 27, 1992, Pub. L. 102–533, § 8(2), 106 Stat. 3519. 45:851(c). Feb. 5, 1976, Pub. L. 94–210, § 701(c), 90 Stat. 120. 24102(8) ...... 45:502(14). 24102(9) ...... (no source). 24102(10) ..... 45:502(15). 24102(11) ..... 45:502(16). In clause (1), before subclause (A), the text of 45:502(1), (2), and (10) is omitted as surplus. The text of 45:502(6), (7), (12), (14), and (18) is omitted because the complete names of the Performance Evaluation Center, Interstate Commerce Commission, Railroad Safety System Program, Technical Assistance Panel, and Sec- retary of Transportation are used the first time the terms appear in a section. The words ‘‘characterized by transportation’’ are omitted as surplus. In clause (3), the text of 45:502(5)(A) and the words ‘‘on and after October 1, 1979’’ are omitted as obsolete. Reference to 45:564(e) is omitted as obsolete because 45:564(e) was repealed by section 1183(d) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 697). In clauses (4) and (10), the words ‘‘authority, corpora- tion, or other’’ are omitted as surplus. In clause (4), the words ‘‘and includes the Metropoli- tan Transportation Authority, the Connecticut Depart- ment of Transportation, the Maryland Department of Transportation the Southeastern Pennsylvania Trans- portation Authority, the New Jersey Transit Corpora- tion, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any suc- cessor agencies, and any entity created by one or more such agencies for the purpose of operating’’ are omitted as surplus. In clause (5), the words ‘‘whether within or across the geographical boundaries of a State’’ are omitted as sur- plus. Clause (9) is added to eliminate repetition of the words ‘‘fares or charges’’ throughout this part. Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Invest- ment and Improvement Act of 2008, referred to in par. (7)(C), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008. AMENDMENTS 2019—Par. (7)(D)(ii). Pub. L. 115–420 substituted ‘‘chapter 229’’ for ‘‘chapter 244’’. 2015—Pars. (5) to (13). Pub. L. 114–94 added pars. (5), (6), (12), and (13) and redesignated former pars. (5) to (9) as (7) to (11), respectively. 2008—Pars. (2) to (5). Pub. L. 110–432 added par. (5), re- designated former pars. (3) to (5) as (2) to (4), respec- tively, and struck out former par. (2) which read as fol- lows: ‘‘ ‘basic system’ means the system of intercity rail passenger transportation designated by the Sec- retary of Transportation under section 4 of the Amtrak Improvement Act of 1978 and approved by Congress, and transportation required to be provided under section 24705(a) of this title and section 4(g) of the Act, includ- ing changes in the system or transportation that Am- trak makes using the route and service criteria.’’ 1997—Pars. (2) to (6). Pub. L. 105–134, § 407(1), (2), redes- ignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: ‘‘ ‘avoidable loss’ means the avoidable costs of pro- viding rail passenger transportation, less revenue at- tributable to the transportation, as determined by the Interstate Commerce Commission under section 553 of title 5.’’ Par. (7). Pub. L. 105–134, § 407(2), (3), redesignated par. (8) as (7) and inserted ‘‘, including a unit of State or local government,’’ after ‘‘means a person’’. Former par. (7) redesignated (6). Pars. (8) to (10). Pub. L. 105–134, § 407(2), redesignated pars. (8) to (10) as (7) to (9), respectively. Par. (11). Pub. L. 105–134, § 407(1), struck out par. (11) which read as follows: ‘‘ ‘route and service criteria’ means the criteria and procedures for making route and service decisions established under section 404(c)(1)–(3)(A) of the Rail Passenger Service Act.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. § 24103. Enforcement (a) GENERAL.—(1) Except as provided in para- graph (2) of this subsection, only the Attorney General may bring a civil action for equitable relief in a district court of the United States when Amtrak or a rail carrier— (A) engages in or adheres to an action, prac- tice, or policy inconsistent with this part or chapter 229; (B) obstructs or interferes with an activity authorized under this part or chapter 229; (C) refuses, fails, or neglects to discharge its duties and responsibilities under this part or chapter 229; or (D) threatens— (i) to engage in or adhere to an action, practice, or policy inconsistent with this part or chapter 229; (ii) to obstruct or interfere with an activ- ity authorized by this part or chapter 229; or (iii) to refuse, fail, or neglect to discharge its duties and responsibilities under this part or chapter 229. (2) An employee affected by any conduct or threat referred to in paragraph (1) of this sub- section, or an authorized employee representa- tive, may bring the civil action if the conduct or threat involves a labor agreement. (b) REVIEW OF DISCONTINUANCE OR REDUC- TION.—A discontinuance of a route, a train, or transportation, or a reduction in the frequency of transportation, by Amtrak is reviewable only in a civil action for equitable relief brought by the Attorney General. (c) VENUE.—Except as otherwise prohibited by law, a civil action under this section may be brought in the judicial district in which Amtrak or the rail carrier resides or is found. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901; Pub. L. 115–420, § 7(b)(3)(A)(i)(II), Jan. 3, 2019, 132 Stat. 5447.) Page 670 TITLE 49—TRANSPORTATION [§ 24104 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24103(a) ...... 45:547(a) (1st sen- tence less words between 13th–15th commas). Oct. 30, 1970, Pub. L. 91–518, § 307(a) (1st sentence), (b), 84 Stat. 1333. 24103(b) ...... 45:547(a) (last sen- tence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 307(a) (last sentence); added Aug. 13, 1981, Pub. L. 97–35, § 1179, 95 Stat. 693. 24103(c) ...... 45:547(a) (1st sen- tence words be- tween 13th–15th commas), (b). In subsections (a) and (b), the words ‘‘may bring a civil action’’, ‘‘may bring the civil action’’, and ‘‘in a civil action brought by’’ are substituted for ‘‘upon peti- tion of’’ and ‘‘on petition of’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (a)(1), before clause (A), the words ‘‘Ex- cept as provided in paragraph (2) of this subsection’’ are added for clarity. The word ‘‘only’’ is added for clarity. See National Railroad Passenger Corp. et al. v. National Association of Railroad Passengers, 414 U.S. 453 (1974). In clauses (A) and (D)(i), the words ‘‘the policies and pur- poses of’’ are omitted as surplus. In subsection (a)(2), the word ‘‘duly’’ is omitted as surplus. In subsection (b), the words ‘‘in any court’’ are omit- ted as surplus. Subsection (c) is substituted for 45:547(a) (1st sen- tence words between 13th–15th commas) for consistency in the revised title and with other titles of the United States Code. The text of 45:547(b) is omitted as surplus. Editorial Notes AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 115–420 inserted ‘‘or chap- ter 229’’ after ‘‘this part’’ wherever appearing. [§ 24104. Repealed. Pub. L. 114–94, div. A, title XI, § 11202(c)(2), Dec. 4, 2015, 129 Stat. 1630] Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 902; Pub. L. 105–134, title III, § 301(a), Dec. 2, 1997, 111 Stat. 2585, authorized certain appropriations for the benefit of Amtrak. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see sec- tion 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees. REFORM BOARD Pub. L. 105–134, title IV, § 411(b), Dec. 2, 1997, 111 Stat. 2589, provided that provisions authorizing certain ap- propriations shall cease to be effective if the Reform Board had not assumed the responsibilities of the Board of Directors of Amtrak before July 1, 1998. [§ 24105. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(2), Dec. 4, 2015, 129 Stat. 1648] Section, Pub. L. 110–432, div. B, title III, § 302(a), Oct. 16, 2008, 122 Stat. 4947, related to congestion grants. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see sec- tion 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees. CHAPTER 242—PROJECT DELIVERY Sec. 24201. Efficient environmental reviews. 24202. Railroad rights-of-way. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94, div. A, title XI, §§ 11503(a), 11504(b), Dec. 4, 2015, 129 Stat. 1691, 1693, added chapter 242 and items 24201 and 24202. § 24201. Efficient environmental reviews (a) EFFICIENT ENVIRONMENTAL REVIEWS.— (1) IN GENERAL.—The Secretary of Transpor- tation shall apply the project development procedures, to the greatest extent feasible, de- scribed in section 139 of title 23 to any railroad project that requires the approval of the Sec- retary under the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.). (2) REGULATIONS AND PROCEDURES.—In car- rying out paragraph (1), the Secretary shall in- corporate into agency regulations and proce- dures pertaining to railroad projects described in paragraph (1) aspects of such project devel- opment procedures, or portions thereof, deter- mined appropriate by the Secretary in a man- ner consistent with this section, that increase the efficiency of the review of railroad projects. (3) DISCRETION.—The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects de- scribed in paragraph (1) such project develop- ment procedures that could only feasibly apply to highway projects, public transpor- tation capital projects, and multimodal projects. (4) APPLICABILITY.—Subsection (l) of section 139 of title 23 shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years. (b) ADDITIONAL CATEGORICAL EXCLUSIONS.—Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall— (1) survey the use by the Federal Railroad Administration of categorical exclusions in transportation projects since 2005; and (2) publish in the Federal Register for notice and public comment a review of the survey that includes a description of— (A) the types of actions categorically ex- cluded; and (B) any actions the Secretary is consid- ering for new categorical exclusions, includ- ing those that would conform to those of other modal administrations. (c) NEW CATEGORICAL EXCLUSIONS.—Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall publish a notice of pro- posed rulemaking to propose new and existing categorical exclusions for railroad projects that require the approval of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including those identified under subsection (b), and develop a process for