49 U.S.C. § 20902 — Investigations

Page 611 TITLE 49—TRANSPORTATION § 20902 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 45:43a. June 22, 1988, Pub. L. 100–342, § 24, 102 Stat. 639. 49 App.:1655(e)(1)(K). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939. 20901(b) ...... 45:38 (note). Sept. 3, 1992, Pub. L. 102–365, § 15, 106 Stat. 981. In this section, the words ‘‘accident’’ and ‘‘incident’’ are used, and the words ‘‘collision’’ and ‘‘derailment’’ are omitted, for consistency in this part. The words ‘‘the general manager, superintendent, or other proper officer of’’ in 45:38 are omitted as surplus because any duty of a railroad carrier must necessarily be carried out through its proper officers and agents. The text of 45:38 (1st sentence proviso) is omitted as executed. In subsection (b), the words ‘‘or incident’’ are added for consistency. The text of section 15(c) of the Rail Safety Enforcement and Review Act (Pub. L. 102–365, 106 Stat. 981) is omitted as executed. Statutory Notes and Related Subsidiaries SAFETY REPORTING Pub. L. 117–58, div. B, title II, § 22421(b), Nov. 15, 2021, 135 Stat. 750, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], and annually thereafter for the following 4 years, the Sec- retary [of Transportation] shall update Special Study Block 49 on Form FRA F 6180.54 (Rail Equipment Acci- dent/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration— ‘‘(1) the number of cars and length of the involved trains; and ‘‘(2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident.’’ ACCIDENT AND INCIDENT REPORTING Pub. L. 110–432, div. A, title II, § 209, Oct. 16, 2008, 122 Stat. 4876, provided that: ‘‘The Federal Railroad Ad- ministration shall conduct an audit of each Class I rail- road at least once every 2 years and conduct an audit of each non-Class I railroad at least once every 5 years to ensure that all grade crossing collisions and fatali- ties are reported to any Federal national accident data- base.’’ [For definitions of ‘‘railroad’’ and ‘‘crossing’’, as used in section 209 of Pub. L. 110–432, set out above, see sec- tion 2(a) of Pub. L. 110–432, set out as a note under sec- tion 20102 of this title.] § 20902. Investigations (a) GENERAL AUTHORITY.—The Secretary of Transportation, or an impartial investigator au- thorized by the Secretary, may investigate— (1) an accident or incident resulting in seri- ous injury to an individual or to railroad prop- erty, occurring on the railroad line of a rail- road carrier; and (2) an accident or incident reported under section 20505 of this title. (b) OTHER DUTIES AND POWERS.—In carrying out an investigation, the Secretary or author- ized investigator may subpoena witnesses, re- quire the production of records, exhibits, and other evidence, administer oaths, and take testi- mony. If the accident or incident is investigated by a commission of the State in which it oc- curred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s inves- tigation. The railroad carrier on whose railroad line the accident or incident occurred shall pro- vide reasonable facilities to the Secretary for the investigation. (c) REPORTS.—When in the public interest, the Secretary shall make a report of the investiga- tion, stating the cause of the accident or inci- dent and making recommendations the Sec- retary considers appropriate. The Secretary shall publish the report in a way the Secretary considers appropriate. (d) GATHERING INFORMATION AND TECHNICAL EXPERTISE.— (1) IN GENERAL.—The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for— (A) gathering information about an acci- dent or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of em- ployees of railroad carriers, and others, as determined relevant by the Secretary; and (B) consulting with railroad carriers, con- tractors or employees of railroad carriers or representatives of employees of railroad car- riers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under inves- tigation. (2) CONFIDENTIALITY.—In developing the process required under paragraph (1), the Sec- retary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if— (A) such entity requests confidentiality; (B) such entity was not involved in the ac- cident or incident; and (C) maintaining such entity’s confiden- tiality does not adversely affect an inves- tigation of the Federal Railroad Administra- tion. (3) APPLICABILITY.—This subsection shall not apply to any investigation carried out by the National Transportation Safety Board. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887; Pub. L. 117–58, div. B, title II, § 22417, Nov. 15, 2021, 135 Stat. 748.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20902(a) ...... 45:40 (1st sentence, 2d sentence words between 1st and 2d commas). May 6, 1910, ch. 208, § 3, 36 Stat. 351; June 22, 1988, Pub. L. 100–342, § 15(3), 102 Stat. 634. 49 App.:26(f) (words after last semi- colon). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(f) (words after last semicolon); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919. 49 App.:1655(e)(1)(K). Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939. 20902(b) ...... 45:40 (2d sentence less words be- tween 1st and 2d commas). 20902(c) ...... 45:40 (3d, last sen- tences). In this section, the words ‘‘accident’’ and ‘‘incident’’ are used, and the words ‘‘collision’’ and ‘‘derailment’’ are omitted, for consistency in this part. Page 612 TITLE 49—TRANSPORTATION § 20903 Subsection (a)(2) is substituted for the text of 49 App.:26(f) (words after last semicolon) for clarity. In subsection (b), the words ‘‘In carrying out an in- vestigation’’ are substituted for ‘‘shall have authority to investigate such collisions, derailments, or other ac- cidents aforesaid, and all the attending facts, condi- tions, and circumstances, and for that purpose’’ to eliminate unnecessary words. The words ‘‘books, pa- pers, orders, memoranda’’ are omitted as being in- cluded in ‘‘papers’’. The words ‘‘in coordination with’’ are substituted for ‘‘in connection with’’ for clarity. The words ‘‘The railroad carrier on whose railroad line the accident or incident occurred’’ are added for clar- ity. In subsection (c), the words ‘‘When in the public in- terest’’ are substituted for ‘‘when he deems it to the public interest’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–58, § 22417(1), substituted ‘‘subpoena’’ for ‘‘subpena’’. Subsec. (d). Pub. L. 117–58, § 22417(2), added subsec. (d). § 20903. Reports not evidence in civil actions for damages No part of an accident or incident report filed by a railroad carrier under section 20901 of this title or made by the Secretary of Transpor- tation under section 20902 of this title may be used in a civil action for damages resulting from a matter mentioned in the report. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20903 .......... 45:41. May 6, 1910, ch. 208, § 4, 36 Stat. 351. The words ‘‘civil action’’ are substituted for ‘‘suit or action’’ for consistency in the revised title and with other titles of the United States Code. CHAPTER 211—HOURS OF SERVICE Sec. 21101. Definitions. 21102. Nonapplication, exemption, and alternate hours of service regime. 21103. Limitations on duty hours of train employ- ees. 21104. Limitations on duty hours of signal employ- ees. 21105. Limitations on duty hours of dispatching service employees. 21106. Limitations on employee sleeping quarters. 21107. Maximum duty hours and subjects of collec- tive bargaining. 21108. Pilot projects. 21109. Regulatory authority. Editorial Notes AMENDMENTS 2008—Pub. L. 110–432, div. A, title I, § 108(d)(2), (e)(2)(A), Oct. 16, 2008, 122 Stat. 4864, 4865, substituted item 21102 for former item 21102 ‘‘Nonapplication and exemption’’ and added item 21109. 1994—Pub. L. 103–440, title II, § 203(b), Nov. 2, 1994, 108 Stat. 4620, added item 21108. § 21101. Definitions In this chapter— (1) ‘‘designated terminal’’ means the home or away-from-home terminal for the assign- ment of a particular crew. (2) ‘‘dispatching service employee’’ means an operator, train dispatcher, or other train em- ployee who by the use of an electrical or me- chanical device dispatches, reports, transmits, receives, or delivers orders related to or affect- ing train movements. (3) ‘‘employee’’ means a dispatching service employee, a signal employee, or a train em- ployee. (4) ‘‘signal employee’’ means an individual who is engaged in installing, repairing, or maintaining signal systems. (5) ‘‘train employee’’ means an individual engaged in or connected with the movement of a train, including a hostler. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 888; Pub. L. 110–432, div. A, title I, § 108(a), Oct. 16, 2008, 122 Stat. 4860.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 21101(1) ...... 45:61(b)(4) (1st sen- tence). Mar. 4, 1907, ch. 2939, 34 Stat. 1415, § 1(b)(4) (1st sentence); added Nov. 2, 1978, Pub. L. 95–574, § 6, 92 Stat. 2461. 21101(2)–(4) (no source). 21101(5) ...... 45:61(b)(2). Mar. 4, 1907, ch. 2939, § 1(b)(2), 34 Stat. 1415; re- stated Dec. 26, 1969, Pub. L. 91–169, § 1, 83 Stat. 463; July 8, 1976, Pub. L. 94–348, § 4(c), 90 Stat. 818. Clause (2) is added to avoid the necessity of repeating the substance of the definition every time a ‘‘dis- patching service employee’’ is referred to in this chap- ter. The language in clause (2) is derived from 45:63. Clause (3) is added to provide a definition of ‘‘em- ployee’’ when the source provisions apply to all types of employees covered by this chapter. Clause (4) is added to avoid the necessity of repeating the substance of the definition every time a ‘‘signal employee’’ is referred to in this chapter. The language in clause (4) is derived from 45:63a. In clause (5), the words ‘‘train employee’’ are sub- stituted for ‘‘employee’’ to distinguish the term from the terms ‘‘dispatching service employee’’ and ‘‘signal employee’’. The word ‘‘actually’’ is omitted as surplus. Editorial Notes AMENDMENTS 2008—Par. (4). Pub. L. 110–432 struck out ‘‘employed by a railroad carrier’’ after ‘‘individual’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–432, div. A, title I, § 108(g), Oct. 16, 2008, 122 Stat. 4866, provided that: ‘‘The amendments made by subsections (a), (b), and (c) [amending this section and sections 21103 and 21104 of this title] shall take effect 9 months after the date of enactment of this Act [Oct. 16, 2008].’’ RECORD KEEPING AND REPORTING Pub. L. 110–432, div. A, title I, § 108(f), Oct. 16, 2008, 122 Stat. 4866, provided that: ‘‘(1) REGULATIONS.—Not later than 180 days after the date of enactment of this Act [Oct. 16, 2008], the Sec- retary [of Transportation] shall prescribe a regulation revising the requirements for recordkeeping and re- porting for Hours of Service of Railroad Employees contained in part 228 of title 49, Code of Federal Regu- lations— ‘‘(A) to adjust record keeping and reporting require- ments to support compliance with chapter 211 of title 49, United States Code, as amended by this Act;