dreamproit/uscode huggingface dataset:
49 U.S.C. § 16103 (TRANSPORTATION)
§ 16103. Unlawful disclosure of information
(a) General Prohibition.—
A pipeline carrier providing transportation subject to this part, or an officer, agent, or employee of that carrier, or another person authorized to receive information from that carrier, that knowingly discloses to another person, except the shipper or consignee, or a person who solicits or knowingly receives information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under this part without the consent of the shipper or consignee, if that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, is liable to the United States for a civil penalty of not more than $1,000.
(b) Limitation on Statutory Construction.—
This part does not prevent a pipeline carrier providing transportation under this part from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(c) Board Employee.—
An employee of the Board delegated to make an inspection or examination under section 15722 who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined under title 18 or imprisoned for not more than 6 months, or both.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 16104 (TRANSPORTATION)
§ 16104. Disobedience to subpenas
Whoever does not obey a subpena or requirement of the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 16105 (TRANSPORTATION)
§ 16105. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under this chapter, a pipeline carrier providing transportation subject to this part, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined under title 18 or imprisoned not more than 2 years, or both. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 16106 (TRANSPORTATION)
§ 16106. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a pipeline carrier providing transportation or service subject to this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 20110 (TRANSPORTATION)
§ 20110. Effect on employee qualifications and collective bargaining
This chapter does not—
(1) authorize the Secretary of Transportation to prescribe regulations and issue orders related to qualifications of employees, except qualifications specifically related to safety; or
(2) prohibit the bargaining representatives of railroad carriers and their employees from making collective bargaining agreements under the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements related to qualifications of employees, that are not inconsistent with regulations prescribed and orders issued under this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 868.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20110
45:431(a) (2d, last sentences).
Oct. 16, 1970, Pub. L. 91–458, § 202(a) (2d, last sentences), 84 Stat. 971.
In clause (2), the words “railroad carriers” are substituted for “common carriers” for consistency in this part.
heading: Editorial Notes
heading: References in Text
text: The Railway Labor Act, referred to in par. (2), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
49 U.S.C. § 20116 (TRANSPORTATION)
§ 20116. Rulemaking process
No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless—
(1) the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
(2) the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
(Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859; amended Pub. L. 114–94, div. A, title XI, § 11316(c), Dec. 4, 2015, 129 Stat. 1676.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 20116, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, § 206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, § 1121(g)(1), Dec. 21, 1995, 109 Stat. 724.
heading: Amendments
text: 2015—Pub. L. 114–94 substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment
text: 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.
49 U.S.C. § 20121 (TRANSPORTATION)
§ 20121. Repair and replacement of damaged track inspection equipment
The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government-owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
(Added Pub. L. 114–94, div. A, title XI, § 11413(a), Dec. 4, 2015, 129 Stat. 1688.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 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.
49 U.S.C. § 20136 (TRANSPORTATION)
§ 20136. Automatic train control and related systems
The Secretary of Transportation shall prescribe regulations and issue orders to require that—
(1) an individual performing a test of an automatic train stop, train control, or cab signal apparatus required by the Secretary to be performed before entering territory where the apparatus will be used shall certify in writing that the test was performed properly; and
(2) the certification required under clause (1) of this section shall be maintained in the same way and place as the daily inspection report for the locomotive.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 875; Pub. L. 103–429, § 6(19), Oct. 31, 1994, 108 Stat. 4379.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20136
45:431(j).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(j); added June 22, 1988, Pub. L. 100–342, § 9, 102 Stat. 628.
The words “Within 90 days after June 22, 1988” are omitted as expired.
heading: Pub. L. 103–429
text: This amends 49:20136(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 875).
heading: Editorial Notes
heading: Amendments
text: 1994—Par. (2). Pub. L. 103–429 substituted “section” for “subsection”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 20145 (TRANSPORTATION)
§ 20145. Report on bridge displacement detection systems
Not later than 18 months after November 2, 1994, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.
(Added Pub. L. 103–440, title II, § 207(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, § 5(48), (49), Oct. 11, 1996, 110 Stat. 3393.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994” and “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
49 U.S.C. § 20146 (TRANSPORTATION)
§ 20146. Institute for Railroad Safety
The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after November 2, 1994, an Institute for Railroad Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant to railroad operations. There are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 1996 through 2000 to fund activities carried out under this section by the Institute, which shall report at least once each year on its use of such funds in carrying out such activities and the results thereof to the Secretary of Transportation and the Congress.
(Added Pub. L. 103–440, title II, § 210(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, § 5(49), Oct. 11, 1996, 110 Stat. 3393.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
49 U.S.C. § 20154 (TRANSPORTATION)
[§ 20154. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(1), Dec. 4, 2015, 129 Stat. 1648]
text: Section, Pub. L. 109–59, title IX, § 9002(a)(1), Aug. 10, 2005, 119 Stat. 1919, related to capital grants for rail line relocation projects.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 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.
heading: Regulations
text: Pub. L. 109–59, title IX, § 9002(b), Aug. 10, 2005, 119 Stat. 1921, required Secretary of Transportation to issue temporary regulations to implement grant program under this section by April 1, 2006, and to issue final regulations by October 1, 2006.
49 U.S.C. § 20159 (TRANSPORTATION)
§ 20159. Roadway user sight distance at highway-rail grade crossings
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.
(Added Pub. L. 110–432, div. A, title II, § 203(a), Oct. 16, 2008, 122 Stat. 4869; amended Pub. L. 114–94, div. A, title XI, § 11316(f), Dec. 4, 2015, 129 Stat. 1676.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
heading: Amendments
text: 2015—Pub. L. 114–94 substituted “the Secretary of Transportation” for “the Secretary”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment
text: 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.
49 U.S.C. § 20163 (TRANSPORTATION)
§ 20163. Certification of train conductors
(a) Regulations.—
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train conductors be trained, in accordance with the training standards developed pursuant to section 20162.
(b) Program Requirements.—
In developing the regulations required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).
(Added Pub. L. 110–432, div. A, title IV, § 402(a), Oct. 16, 2008, 122 Stat. 4884.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 20164 (TRANSPORTATION)
§ 20164. Development and use of rail safety technology
(a) In General.—
Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not covered by Federal standards, guidance, regulations, or orders that ensure the safe operation of such technology, such as—
(1) switch position monitoring devices or indicators;
(2) radio, remote control, or other power-assisted switches;
(3) hot box, high water, or earthquake detectors;
(4) remote control locomotive zone limiting devices;
(5) slide fences;
(6) grade crossing video monitors;
(7) track integrity warning systems; or
(8) other similar rail safety technologies, as determined by the Secretary.
(b) Dark Territory Defined.—
In this section, the term “dark territory” means any territory in a railroad system that does not have a signal or train control system installed or operational.
(Added Pub. L. 110–432, div. A, title IV, § 406(a), Oct. 16, 2008, 122 Stat. 4886; amended Pub. L. 114–94, div. A, title XI, § 11316(i), Dec. 4, 2015, 129 Stat. 1677.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
heading: Amendments
text: 2015—Subsec. (a). Pub. L. 114–94 substituted “after the date of enactment of the Rail Safety Improvement Act of 2008” for “after enactment of the Railroad Safety Enhancement Act of 2008” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment
text: 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.
49 U.S.C. § 20166 (TRANSPORTATION)
§ 20166. Emergency escape breathing apparatus
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers—
(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with respiratory protection for all crewmembers in locomotive cabs on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of release;
(2) to provide convenient storage in each freight train locomotive to enable crewmembers to access such apparatus quickly;
(3) to maintain such equipment in proper working condition; and
(4) to provide their crewmembers with appropriate training for using the breathing apparatus.
(Added Pub. L. 110–432, div. A, title IV, § 413(a), Oct. 16, 2008, 122 Stat. 4889.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A. of Pub. L. 110–432, which was approved Oct. 16, 2008.
49 U.S.C. § 20170 (TRANSPORTATION)
§ 20170. Pre-revenue service safety validation plan
(a) Plan Submission.—
Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified.
(b) Compliance.—
After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan.
(c) Rulemaking.—
The Secretary shall promulgate regulations to carry out this section, including—
(1) requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and
(2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.
(Added Pub. L. 117–58, div. B, title II, § 22416(a), Nov. 15, 2021, 135 Stat. 747.)
49 U.S.C. § 20301 (TRANSPORTATION)
§ 20301. Definition and nonapplication
(a) Definition.—
In this chapter, “vehicle” means a car, locomotive, tender, or similar vehicle.
(b) Nonapplication.—
This chapter does not apply to the following:
(1) a train of 4-wheel coal cars.
(2) a train of 8-wheel standard logging cars if the height of each car from the top of the rail to the center of the coupling is not more than 25 inches.
(3) a locomotive used in hauling a train referred to in clause (2) of this subsection when the locomotive and cars of the train are used only to transport logs.
(4) a car, locomotive, or train used on a street railway.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 881; Pub. L. 104–287, § 5(52), Oct. 11, 1996, 110 Stat. 3393.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20301(a)
45:8 (“trains, locomotives, tenders, cars, and similar vehicles”).
45:9 (3d sentence).
20301(b)
45:6 (1st sentence proviso).
Mar. 2, 1893, ch. 196, § 6 (1st sentence proviso), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85.
45:8 (words after 16th comma).
Mar. 2, 1903, ch. 976, § 1 (words after 23d comma), 32 Stat. 943.
Subsection (a) is added to avoid repeating the substance of the definition throughout this chapter.
In subsection (b), the words before clause (1) are substituted for “Provided, That nothing in sections 1 to 7 of this title shall apply to” in 45:6 because 45:9, 11, and 16 provide that 45:9 and 11–16 apply to the same vehicles and trains as 45:1–7 apply to. In clause (1), the word “coal” is added for clarity because of the decision of the Supreme Court in Baltimore & Ohio Railway Co. v. Jackson, 353 U.S. 325, 333 (1957) and the legislative history of 45:6 (proviso). See 24 Cong. Rec. 1477 (1893). The text of 45:8 (words after last comma) is omitted as unnecessary because of the definition of “railroad” in section 20102 of the revised title.
heading: Pub. L. 104–287
text: This amends 49:20301(b) to clarify the restatement of 45:8 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 881).
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (b)(4). Pub. L. 104–287 added par. (4).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.