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duty at the employee’s home terminal during
which time the employee is unavailable for any
service for any railroad carrier; or
‘‘(B) 7 consecutive days, unless that em-
ployee has had at least 72 consecutive hours off
duty at the employee’s home terminal during
which time the employee is unavailable for any
service for any railroad carrier, if—
‘‘(i) a collective bargaining agreement
expressly provides for such a schedule;
‘‘(ii) such a schedule is provided for by
a pilot program authorized by a collective
bargaining agreement; or
‘‘(iii) such a schedule is provided for
by a pilot program under section 21108 of
this chapter related to employees’ work and
rest cycles.
The Secretary may waive paragraph (4), consistent with
the procedural requirements of section 20103, if a collective
bargaining agreement provides a different arrangement and
such an arrangement is in the public interest and consistent
with railroad safety.’’;
(2) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following:
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‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST
REQUIREMENT.—
‘‘(1) A railroad carrier may not require or allow
an employee to remain or go on duty in excess of 15
hours of time on duty and time waiting for deadhead
transportation on a train, not including interim rest
periods unless the train carrying the employee is di-
rectly delayed by—
‘‘(A) a casualty;
‘‘(B) an accident;
‘‘(C) an act of God;
‘‘(D) a derailment;
‘‘(E) a major equipment failure that pre-
vents the train from advancing; or
‘‘(F) a delay resulting from a cause un-
known and unforeseeable to a railroad carrier or
its officer or agent in charge of the employee
when the employee left a terminal.
‘‘(2) Each railroad carrier shall report to the
Secretary, in accordance with procedures established
by the Secretary, each instance where an employee
subject to this section spends time waiting for
deadhead transportation on a train in excess of the
requirements of paragraph (1).
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‘‘(3) A railroad carrier and its officers and
agents shall provide, at the election of employees sub-
ject to this section at the beginning of the employee’s
off-duty period additional time off duty equal to the
number of hours that such sum exceeds 12 hours if—
‘‘(A) the time spent waiting for transpor-
tation, or in deadhead transportation, from a
duty assignment to the place of final release that
is not time on duty, plus
‘‘(B) the time on duty,
exceeds 12 consecutive hours.’’; and
(3) by adding at the end thereof the following:
‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—
During a train employee’s minimum off-duty period of 10
consecutive hours, as provided under subsection (a), during
an interim period of at least 4 consecutive hours available
for rest under subsection (b)(7), or during additional off
duty hours elected to be taken by an employee under sub-
section (c)(3), a railroad carrier, and its officers and
agents, shall not communicate with the train employee by
telephone, by pager, or in any other manner that could rea-
sonably be expected to disrupt the employee’s rest. Nothing
in this subsection shall prohibit communication necessary
to notify an employee of an emergency situation, as defined
by the Secretary. The Secretary may waive the require-
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ments of this paragraph for commuter or intercity pas-
senger railroads if the Secretary determines that such a
waiver will not reduce safety and is necessary to maintain
such railroads’ efficient operations and on-time perform-
ance of its trains.’’.
(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY-
EES.—Section 21104 is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—Except as provided in subsection
(c) of this section, a railroad carrier and its officers and
agents may not require or allow its signal employee to re-
main or go on duty and a contractor or subcontractor to
a railroad carrier and its officers and agents may not re-
quire or allow one of its signal employees to remain or go
on duty —
‘‘(1) for a period in excess of 12 consecutive
hours; or
‘‘(2) unless that employee has had at least 10
consecutive hours off duty during the prior 24
hours.’’;
(2) by striking ‘‘duty, except that up to one hour
of that time spent returning from the final trouble
call of a period of continuous or broken service is
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time off duty.’’ in subsection (b)(3) and inserting
‘‘duty.’’;
(3) by inserting ‘‘A signal employee may not be
allowed to remain or go on duty under the emergency
authority provided under this subsection to conduct
routine repairs, routine maintenance, or routine in-
spection of signal systems.’’ after ‘‘service.’’ in sub-
section (c);
(4) by adding at the end the following:
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—
During a signal employee’s minimum off-duty period of 10
consecutive hours, as provided under subsection (a), a rail-
road carrier or a contractor or subcontractor to a railroad
carrier, and its officers and agents, shall not communicate
with the signal employee by telephone, by pager, or in any
other manner that could reasonably be expected to disrupt
the employee’s rest. Nothing in this subsection shall prohibit
communication necessary to notify an employee of an emer-
gency situation, as defined by the Secretary.
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours,
and rest periods of signal employees shall be governed exclu-
sively by this chapter. Signal employees operating motor
vehicles shall not be subject to any hours of service rules,
duty hours or rest period rules promulgated by any Federal
authority, including the Federal Motor Carrier Safety Ad-
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ministration, other than the Federal Railroad Administra-
tion.’’.
(d) ALTERNATE HOURS OF SERVICE REGIME.—
(1) APPLICATION
OF
HOURS
OF
SERVICE
RE-
GIME.—Section 21102 is amended—
(A) by striking the section caption and in-
serting the following:
‘‘§ 21102. Nonapplication, exemption, and alternate
hours of service regime’’ ; and
(B) by adding at the end thereof the fol-
lowing:
‘‘(c) ALTERNATE HOURS OF SERVICE REGIME.—A
railroad carrier and its directly affected employees or a
non-profit employee labor organization that represents such
employees may jointly develop and submit for approval to
the Secretary an alternate hours of service regime to that
provided in this chapter that would increase the maximum
hours an employee may be required or allowed to go or re-
main on duty or decrease the minimum hours an employee
may be required to rest and would become effective no ear-
lier than 1 year after the date of enactment of the Railroad
Safety Enhancement Act of 2008. The Secretary may con-
sider such a request anytime after the date of enactment
of the Railroad Safety Enhancement Act of 2008 and may
approve such a request only after providing an opportunity
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for public notice and comment and determining that the
proposed hours of service regime is in the public interest
and will not adversely affect railroad safety. The exemption
shall be for a specific period of time and shall be subject
to review upon a schedule determined appropriate by the
Secretary.
‘‘(d) APPLICATION OF HOURS OF SERVICE REGIME TO
COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN
EMPLOYEES.—
‘‘(1) When providing commuter rail passenger
transportation or intercity rail passenger transpor-
tation, the limitations on duty hours for train em-
ployees of railroad carriers, including public authori-
ties operating passenger service, shall be solely gov-
erned by old section 21103 until the earlier of—
‘‘(A) the effective date of regulations pre-
scribed by the Secretary under section 21109(b)
of this chapter; or
‘‘(B) the date that is 3 years following the
date of enactment of the Railroad Safety En-
hancement Act of 2008.
‘‘(2) After the date on which old section 21103
ceases to apply, pursuant to paragraph (1), to the
limitations on duty hours for train employees of rail-
road carriers with respect to the provision of com-
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muter rail passenger transportation or intercity rail
passenger transportation, the limitations on duty
hours for train employees of such railroad carriers
shall be governed by new section 21103, except as pro-
vided in paragraph (3).
‘‘(3) After the effective date of the regulations
prescribed by the Secretary under section 21109(b) of
this title, such carriers shall—
‘‘(A) comply with the limitations on duty
hours for train employees with respect to the pro-
vision of commuter rail passenger transportation
or intercity rail passenger transportation as pre-
scribed by such regulations; and
‘‘(B) be exempt from complying with the
provisions of old section 21103 and new section
21103 for such employees.
‘‘(4) In this subsection:
‘‘(A) The terms ‘commuter rail passenger
transportation’ and ‘intercity rail passenger
transportation’ have the meaning given those
terms in section 24102 of this title.
‘‘(C) The term ‘new section 21103’ means
section 21103 of this chapter as amended by the
Railroad Safety Enhancement Act of 2008.
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‘‘(D) The term ‘old section 21103’ means
section 21103 of this chapter as it was in effect
on the day before the enactment of that Act.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 211 is amended by striking the
item relating to section 21102 and inserting the fol-
lowing:
‘‘21102. Nonapplication, exemption, and alternate hours of service regime’’.
(e) REGULATORY AUTHORITY.—
(1) IN GENERAL.—Chapter 211 is amended by
adding at the end thereof the following:
‘‘§ 21109. Regulatory authority
‘‘(a) IN GENERAL.—In order to improve safety and re-
duce employee fatigue, the Secretary may prescribe
regulations—
‘‘(1) to reduce the maximum hours an employee
may be required or allowed to go or remain on duty
to a level less than the level established under this
chapter;
‘‘(2) to increase the minimum hours an employee
may be required or allowed to rest to a level greater
than the level established under this chapter;
‘‘(3) to limit or eliminate the amount of time an
employee spends waiting for or in deadhead transpor-
tation to the place of final release that is considered
neither on duty nor off duty under this chapter;
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‘‘(4) to make changes to the number of hours an
employee may spend waiting on a train for deadhead
transportation to the place of final release that is con-
sidered neither on duty nor off duty that provide for
an equivalent level of safety as the level established
under this chapter;
‘‘(5) to make changes to the requirements of off-
duty communications with employees that provide for
an equivalent level of safety as the level established
under this chapter;
‘‘(6) for signal employees—
‘‘A) to limit or eliminate the amount of
time that is considered to be neither on duty nor
off duty under this chapter that an employee
spends returning from an outlying worksite after
scheduled duty hours or returning from a trouble
call to the employee’s headquarters or directly to
the employee’s residence; and
‘‘(B) to increase the amount of time that
constitutes a release period, that does not break
the continuity of service and is considered time
off duty; and
‘‘(7) to require other changes to railroad oper-
ating and scheduling practices, including unscheduled
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duty calls, that could affect employee fatigue and rail-
road safety.
‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERV-
ICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY
PASSENGER RAILROAD CARRIERS.—Within 3 years after
the date of enactment of the Railroad Safety Enhancement
Act of 2008, the Secretary shall prescribe regulations and
issue orders to establish hours of service requirements for
train employees engaged in commuter rail passenger trans-
portation and intercity rail passenger transportation (as
defined in section 24102 of this title) that may differ from
the requirements of this chapter. Such regulations and or-
ders may address railroad operating and scheduling prac-
tices, including unscheduled duty calls, communications
during time off duty, and time spent in or waiting for
deadhead transportation to the place of final release, that
could affect employee fatigue and railroad safety.
‘‘(c) CONSIDERATIONS.—In issuing regulations under
subsection (a) the Secretary shall consider scientific and
medical research related to fatigue and fatigue abatement,
railroad scheduling and operating practices that improve
safety or reduce employee fatigue, a railroad’s use of new
or novel technology intended to reduce or eliminate human
error, the variations in freight and passenger railroad
scheduling practices and operating conditions, the vari-
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ations in duties and operating conditions for employees
subject to this chapter, a railroad’s required or voluntary
use of fatigue management plans covering employees subject
to this chapter, and any other relevant factors.
‘‘(d) TIME LIMITS.—If the Secretary requests that the
Railroad Safety Advisory Committee accept the task of de-
veloping regulations under subsection (a) or (b) and the
Committee accepts the task, the Committee shall reach con-
sensus on the rulemaking within 18 months after accepting
the task. If the Committee does not reach consensus within
18 months after the Secretary makes the request, the Sec-
retary shall prescribe appropriate regulations within 18
months. If the Secretary does not request that the Railroad
Safety Advisory Committee accept the task of developing
regulations under subsection (a) or (b), the Secretary shall
prescribe regulations within 3 years after the date of enact-
ment of the Railroad Safety Enhancement Act of 2008.
‘‘(e) PILOT PROJECTS.—
‘‘(1) IN GENERAL.—Not later than 2 years after
the date of enactment of the Railroad Safety En-
hancement Act of 2008, the Secretary shall conduct at
least 2 pilot projects of sufficient size and scope to
analyze specific practices which may be used to re-
duce fatigue for train and engine and other railroad
employees as follows:
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‘‘(A) A pilot project at a railroad or rail-
road facility to evaluate the efficacy of commu-
nicating to employees notice of their assigned
shift time 10 hours prior to the beginning of
their assigned shift as a method for reducing em-
ployee fatigue.
‘‘(B) A pilot project at a railroad or rail-
road facility to evaluate the efficacy of requiring
railroads who use employee scheduling practices
that subject employees to periods of unscheduled
duty calls to assign employees to defined or spe-
cific unscheduled call shifts that are followed by
shifts not subject to call, as a method for reduc-
ing employee fatigue.
‘‘(2) WAIVER.—The Secretary may temporarily
waive the requirements of this section, if necessary, to
complete a pilot project under this subsection.
‘‘(f) DUTY CALL DEFINED.—In this section the term
‘duty call’ means a telephone call that a railroad places
to an employee to notify the employee of his or her assigned
shift time.’’.
(2) CONFORMING AMENDMENTS.—
(A) The chapter analysis for chapter 211 is
amended by adding at the end thereof the fol-
lowing:
‘‘21109. Regulatory authority’’.
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(B) The first sentence of section 21303(a)(1)
is amended by inserting ‘‘including section
21103 (as such section was in effect on the day
before the date of enactment of the Railroad
Safety Enhancement Act of 2008),’’ after ‘‘this
title,’’ the second place it appears.
(f) RECORD KEEPING AND REPORTING.—
(1) REGULATIONS.—Not later than 180 days
after the date of enactment of this Act, the Secretary
shall prescribe a regulation revising the requirements
for recordkeeping and reporting for Hours of Service
of Railroad Employees contained in part 228 of title
49, Code of Federal Regulations—
(A) to adjust record keeping and reporting
requirements to support fully compliance with
chapter 211 of title 49, United States Code, as
amended by this Act;
(B) to authorize electronic record keeping,
and reporting of excess service, consistent with
appropriate considerations for user interface;
and
(C) to require training of affected employees
and supervisors, including training of employees
in the entry of hours of service data.
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(2) PROCEDURE.—In lieu of issuing a notice of
proposed rulemaking as contemplated by section 553
of title 5, United States Code, the Secretary may uti-
lize the Railroad Safety Advisory Committee to assist
in development of the regulation. The Secretary may
propose and adopt amendments to the revised regula-
tions thereafter as may be necessary in light of expe-
rience under the revised requirements.
(g) 1-YEAR DELAY
IN IMPLEMENTATION
OF DUTY
HOURS LIMITATION CHANGES.—The amendments made by
subsections (a), (b), and (c) shall take effect 1 year after
the date of enactment of this Act.
SEC. 107. PROTECTION OF RAILROAD SAFETY RISK ANAL-
YSES INFORMATION.
(a) AMENDMENT.—Subchapter I of chapter 201 is
amended by adding at the end thereof the following:
‘‘§ 20118. Prohibition on public disclosure of railroad
safety analysis records
‘‘(a) IN GENERAL.—Except as necessary for the Sec-
retary of Transportation or another Federal agency to en-
force or carry out any provision of Federal law, any part
of any record (including, but not limited to, a railroad car-
rier’s analysis of its safety risks and its statement of the
mitigation measures it has identified with which to address
those risks) that the Secretary has obtained pursuant to a
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provision of, or regulation or order under, this chapter re-
lated to the establishment, implementation, or modification
of a railroad safety risk reduction program or pilot pro-
gram is exempt from the requirements of section 552 of title
5 if the record is—
‘‘(1) supplied to the Secretary pursuant to that
safety risk reduction program or pilot program; or
‘‘(2) made available for inspection and copying
by an officer, employee, or agent of the Secretary pur-
suant to that safety risk reduction program or pilot
program.
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the
Secretary may disclose any part of any record comprised
of facts otherwise available to the public if, in the Sec-
retary’s sole discretion, the Secretary determines that dis-
closure would be consistent with the confidentiality needed
for that safety risk reduction program.
‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.—
The Secretary may prohibit the public disclosure of risk
analyses or risk mitigation analyses that the Secretary has
obtained under other provisions of, or regulations or orders
under, this chapter if the Secretary determines that the pro-
hibition of public disclosure is necessary to promote rail-
road safety.
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‘‘§ 20119. Discovery and admission into evidence of
certain reports and surveys
‘‘Notwithstanding any other provision of law, no part
of any report, survey, schedule, list, or data compiled or
collected for the purpose of evaluating, planning, or imple-
menting a railroad safety risk reduction program or other
risk analysis or risk mitigation analysis designated by the
Secretary of Transportation under section 20118(c) pursu-
ant to a provision of, or regulation or order under, this
chapter (including a railroad carrier’s analysis of its safety
risks and its statement of the mitigation measures with
which it will address those risks) shall be subject to dis-
covery or admitted into evidence in a Federal or State court
proceeding, or considered for another purpose, in any action
by a private party or parties for damages against the car-
rier, or its officers, employees, or contractors. The preceding
sentence does not apply to any report, survey, list, or data
otherwise available to the public.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201 is amended by inserting after the item relat-
ing to section 20117 the following:
‘‘20118. Prohibition on public disclosure of railroad safety analysis records’’.
‘‘20119. Discovery and admission into evidence of certain reports and surveys’’.
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TITLE II—HIGHWAY-RAIL GRADE
CROSSING AND PEDESTRIAN
SAFETY 
AND 
TRESPASSER
PREVENTION
SEC. 201. PEDESTRIAN CROSSING SAFETY.
Not later than 1 year after the date of enactment of
this Act, the Secretary shall provide guidance to railroads
on strategies and methods to prevent pedestrian accidents,
injuries, and fatalities at or near passenger stations,
including—
(1) providing audible warning of approaching
trains to the pedestrians at railroad passenger sta-
tions;
(2) using signs, signals, or other visual devices
to warn pedestrians of approaching trains;
(3) installing infrastructure at pedestrian cross-
ings to improve the safety of pedestrians crossing rail-
road tracks;
(4) installing fences to prohibit access to railroad
tracks; and
(5) other strategies or methods as determined by
the Secretary.
SEC. 202. STATE ACTION PLANS.
(a) IN GENERAL.—Beginning not later than 6 months
after the date of enactment of this Act, the Secretary shall
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identify on an annual basis the 10 States that receive Fed-
eral funds for highway-rail grade crossing safety projects
that have had the most highway-rail grade crossing colli-
sions in the preceding fiscal year. The Secretary may re-
quire as a condition of receiving such funds in the future
(in addition to any requirements imposed under any other
provision of law) that each of these States develop within
a period of time determined by the Secretary a State Grade
Crossing Action Plan that identifies specific solutions for
improving safety at crossings, including highway-rail grade
crossing closures or grade separations, particularly at cross-
ings that have experienced multiple accidents, and shall
provide assistance to the States in developing and carrying
out, as appropriate, the plan. The plan may be coordinated
with other State or Federal planning requirements.
(b) REVIEW AND APPROVAL.—Not later than 90 days
after the Secretary receives a plan under subsection (a), the
Secretary shall review and approve or disapprove it. If the
proposed plan is not approved, the Secretary shall notify
the affected State as to the specific points in which the pro-
posed plan is deficient, and the State shall correct all defi-
ciencies within 60 days following receipt of written notice
from the Secretary.
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SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGH-
WAY-RAIL GRADE CROSSINGS.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 105 of this Act, is further amended by
inserting after section 20158 the following:
‘‘§ 20159. Roadway user sight distance at highway-rail
grade crossings
‘‘(a) IN GENERAL.—Not later than 18 months after the
date of enactment of the Railroad Safety Enhancement Act
of 2008, the Secretary of Transportation shall prescribe reg-
ulations that require each railroad carrier to remove from
its active rights-of-way at all public highway-rail grade
crossings, and at all private highway-rail grade crossings
open to unrestricted public access (as declared in writing
by the holder of the crossing right), grass, brush, shrubbery,
trees, and other vegetation which may materially obstruct
the view of a pedestrian or a vehicle operator for a reason-
able distance, as specified by the Secretary, in either direc-
tion of the train’s approach, and to maintain its rights-
of-way at all such crossings free of such vegetation. In pre-
scribing the regulations, the Secretary shall take into con-
sideration to the extent practicable—
‘‘(1) the type of warning device or warning de-
vices installed at such crossings;
‘‘(2) factors affecting the timeliness and effective-
ness of roadway user decisionmaking, including the
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maximum allowable roadway speed, maximum au-
thorized train speed, angle of intersection, and topog-
raphy;
‘‘(3) the presence or absence of other sight dis-
tance obstructions off the railroad right-of-way; and
‘‘(4) any other factors affecting safety at such
crossings.
‘‘(b) PROTECTED VEGETATION.—In promulgating reg-
ulations pursuant to this section, the Secretary may make
allowance for preservation of trees and other ornamental
or protective growth where State or local law or policy
would otherwise protect the vegetation from removal and
where the roadway authority or private crossing holder is
notified of the sight distance obstruction and, within a rea-
sonable period specified by the regulation, takes appropriate
action to abate the hazard to roadway users (such as by
closing the crossing, posting supplementary signage, install-
ing active warning devices, lowering roadway speed, or in-
stalling traffic calming devices).
‘‘(c) MODEL LEGISLATION.—Not later than 18 months
after the date of enactment of the Railroad Safety Enhance-
ment Act of 2008, the Secretary, after consultation with the
Federal Railroad Administration, the Federal Highway
Administration, and States, shall develop and make avail-
able to States model legislation providing for improving
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safety by addressing sight obstructions, at highway-rail
grade crossings that are equipped solely with passive warn-
ings, as recommended by the Inspector General of the De-
partment of Transportation in Report No. MH–2007–
044.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 105 of this Act, is
amended by inserting after the item relating to section
20158 the following new item:
‘‘20159. Roadway user sight distance at highway-rail grade crossings’’.
SEC. 204. NATIONAL CROSSING INVENTORY.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 203 of this Act, is further amended by
adding at the end the following new section:
‘‘§ 20160. National crossing inventory
‘‘(a) INITIAL REPORTING
OF INFORMATION ABOUT
PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1
year after the date of enactment of the Railroad Safety En-
hancement Act of 2008 or 6 months after a new crossing
becomes operational, whichever occurs later, each railroad
carrier shall—
‘‘(1) report to the Secretary of Transportation
current information, including information about
warning devices and signage, as specified by the Sec-
retary, concerning each previously unreported cross-
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ing through which it operates or with respect to the
trackage over which it operates; or
‘‘(2) ensure that the information has been re-
ported to the Secretary by another railroad carrier
that operates through the crossing.
‘‘(b) UPDATING OF CROSSING INFORMATION.—
‘‘(1) On a periodic basis beginning not later
than 2 years after the date of enactment of the Rail-
road Safety Enhancement Act of 2008 and on or be-
fore September 30 of every year thereafter, or as oth-
erwise specified by the Secretary, each railroad car-
rier shall—
‘‘(A) report to the Secretary current information,
including information about warning devices and
signage, as specified by the Secretary, concerning each
crossing through which it operates or with respect to
the trackage over which it operates; or
‘‘(B) ensure that the information has been re-
ported to the Secretary by another railroad carrier
that operates through the crossing.
‘‘(2) A railroad carrier that sells a crossing or any
part of a crossing on or after the date of enactment of the
Railroad Safety Enhancement Act of 2008 shall, not later
than the date that is 18 months after the date of enactment
of that Act or 3 months after the sale, whichever occurs
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later, or as otherwise specified by the Secretary, report to
the Secretary current information, as specified by the Sec-
retary, concerning the change in ownership of the crossing
or part of the crossing.
‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall
prescribe the regulations necessary to implement this sec-
tion. The Secretary may enforce each provision of the De-
partment of Transportation’s statement of the national
highway-rail crossing inventory policy, procedures, and in-
struction for States and railroads that is in effect on the
date of enactment of the Railroad Safety Enhancement Act
of 2008, until such provision is superseded by a regulation
issued under this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) CROSSING.—The term ‘crossing’ means a lo-
cation within a State, other than a location where
one or more railroad tracks cross one or more rail-
road tracks either at grade or grade-separated,
where—
‘‘(A) a public highway, road, or street, or a
private roadway, including associated sidewalks
and pathways, crosses one or more railroad
tracks either at grade or grade-separated; or
‘‘(B) a pathway explicitly authorized by a
public authority or a railroad carrier that is
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dedicated for the use of nonvehicular traffic, in-
cluding pedestrians, 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-sepa-
rated.
‘‘(2) STATE.—The term ‘State’ means a State of
the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 203 of this Act, is
amended by inserting after the item relating to section
20159 the following:
‘‘20160. National crossing inventory’’.
(c) REPORTING AND UPDATING.—Section 130 of title
23, United States Code, is amended by adding at the end
the following:
‘‘(l) NATIONAL CROSSING INVENTORY.—
‘‘(1) INITIAL REPORTING OF CROSSING INFORMA-
TION.—Not later than 1 year after the date of enact-
ment of the Railroad Safety Enhancement Act of
2008 or within 6 months of a new crossing becoming
operational, whichever occurs later, each State shall
report to the Secretary of Transportation current in-
formation, including information about warning de-
vices and signage, as specified by the Secretary, con-
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cerning each previously unreported crossing located
within its borders.
‘‘(2) PERIODIC UPDATING OF CROSSING INFOR-
MATION.—On a periodic basis beginning not later
than 2 years after the date of enactment of the Rail-
road Safety Enhancement Act of 2008 and on or be-
fore September 30 of every year thereafter, or as oth-
erwise specified by the Secretary, each State shall re-
port to the Secretary current information, including
information about warning devices and signage, as
specified by the Secretary, concerning each crossing
located within its borders.
‘‘(3) RULEMAKING AUTHORITY.—The Secretary
shall prescribe the regulations necessary to implement
this subsection. The Secretary may enforce each provi-
sion of the Department of Transportation’s statement
of the national highway-rail crossing inventory pol-
icy, procedures, and instructions for States and rail-
roads that is in effect on the date of enactment of the
Railroad Safety Enhancement Act of 2008, until such
provision is superseded by a regulation issued under
this subsection.
‘‘(4) DEFINITIONS.—In this subsection—
‘‘(A) ‘public crossing’ means a location
within a State, other than a location where one
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or more railroad tracks cross one or more rail-
road tracks either at grade or grade-separated,
where—
‘‘(i) a public highway, road, or street,
including associated sidewalks and path-
ways, crosses one or more railroad tracks ei-
ther at grade or grade-separated; or
‘‘(ii) a publicly owned pathway explic-
itly authorized by a public authority or a
railroad carrier and dedicated for the use of
non-vehicular traffic, including pedestrians,
bicyclists, and others, that is not associated
with a public highway, road, or street, or a
private roadway, crosses one or more rail-
road tracks either at grade or grade-sepa-
rated; and
‘‘(B) ‘State’ means a State of the United
States, the District of Columbia, or Puerto
Rico.’’.
(d) CIVIL PENALTIES.—
(1) Section 21301(a)(1) is amended—
(A) by inserting ‘‘with section 20160 or’’
after ‘‘comply’’ in the first sentence; and
(B) by inserting ‘‘section 20157 of this title
or’’ after ‘‘violating’’ in the second sentence.
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(2) Section 21301(a)(2) is amended by inserting
‘‘The Secretary shall impose a civil penalty for a vio-
lation of section 20160 of this title.’’ after the first
sentence.
SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSS-
ING PROBLEMS.
(a) IN GENERAL.—Section 20152 is amended to read
as follows:
‘‘§ 20152. Notification of grade crossing problems
‘‘Not later than 18 months after the date of enactment
of the Railroad Safety Enhancement Act of 2008, the Sec-
retary of Transportation shall require each railroad carrier
to—
‘‘(1) establish and maintain a telephone service,
which may be required to be a toll-free telephone for
specific railroad carriers as determined by the Sec-
retary to be appropriate, for rights-of-way over which
it 
dispatches 
trains, 
to 
directly 
receive 
calls
reporting—
‘‘(A) malfunctions of signals, crossing gates,
and other devices to promote safety at the grade
crossing of railroad tracks on those rights-of-way
and public or private roads;
‘‘(B) disabled vehicles blocking railroad
tracks at such grade crossings;
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‘‘(C) obstructions to the view of a pedestrian
or a vehicle operator for a reasonable distance in
either direction of a train’s approach; or
‘‘(D) other safety information involving
such grade crossings;
‘‘(2) upon receiving a report pursuant to para-
graph (1)(A) or (B), immediately contact trains oper-
ating near the grade crossing to warn them of the
malfunction or disabled vehicle;
‘‘(3) upon receiving a report pursuant to para-
graph (1)(A) or (B), and after contacting trains pur-
suant to paragraph (2), contact, as necessary, appro-
priate public safety officials having jurisdiction over
the grade crossing to provide them with the informa-
tion necessary for them to direct traffic, assist in the
removal of the disabled vehicle, or carry out other ac-
tivities as appropriate;
‘‘(4) upon receiving a report pursuant to para-
graph (1)(C) or (D), timely investigate the report, re-
move the obstruction if possible, or correct the unsafe
circumstance; and
‘‘(5) ensure the placement at each grade crossing
on rights-of-way that it owns of appropriately located
signs, on which shall appear, at a minimum—