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Title 49 — Transportation

Part A · Chapter 201 — General

§ 20160. National crossing inventory

Statutory text

(a)

Initial Reporting of Information About Previously Unreported Crossings.—

Not later than 1 year after the date of enactment of the Rail Safety Improvement 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 Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or

(2)

ensure that the information has been reported 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 Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier 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 with respect to the trackage over which it operates; or

(B)

ensure that the information has been reported 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 Rail Safety Improvement 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 later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, 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 section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.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 location within a State, other than a location where one or more railroad tracks cross one or more railroad 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 dedicated for the use of nonvehicular 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 railroad tracks either at grade or grade-separated.

(2)

State.—

The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 110–432 div. A title II § 204(a) · 122 Stat. 4848

    Enacted · 49 U.S.C. § 20160

    Added Pub. L. 110–432, div. A, title II, § 204(a), Oct. 16, 2008, 122 Stat. 4869

    Source evidence

    Code source credit
    Added Pub. L. 110–432, div. A, title II, § 204(a), Oct. 16, 2008, 122 Stat. 4869

    Enacted provision · exact public law section
    (a) In General.— Subchapter II of chapter 201, as amended by section 203 of this division, 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 Deadlines. later than 1 year after the date of enactment of the Rail Safety Improvement 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 Secretary, concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates; or “(2) ensure that the information has been reported 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 Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier 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 reported 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 Rail Safety Improvement 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 later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing. “(c) Rulemaking Authority.— The Regulations. Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement 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 location within a State, other than a location where one or more railroad tracks cross one or more railroad 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 dedicated for the use of nonvehicular 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 railroad tracks either at grade or grade-separated. “(2) State.— The term ‘State’ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.” .

  2. Passenger Rail Reform and Investment Act of 2015

    Pub. L. 114–94 § 11316(g)(1) · 129 Stat. 1312

    Substituted · 49 U.S.C. § 20160(a)(1)

    Pub. L. 114–94, § 11316(g)(1), substituted “concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates” for “concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–94, § 11316(g)(1), substituted “concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates” for “concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking “concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates” and inserting “concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates”; and

    Effective date note
    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.

  3. Passenger Rail Reform and Investment Act of 2015

    Pub. L. 114–94 § 11316(g)(2) · 129 Stat. 1312

    Substituted · 49 U.S.C. § 20160(b)(1)(A)

    Pub. L. 114–94, § 11316(g)(2), substituted “concerning each crossing through which it operates with respect to the trackage over which it operates” for “concerning each crossing through which it operates or with respect to the trackage over which it operates”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 114–94, § 11316(g)(2), substituted “concerning each crossing through which it operates with respect to the trackage over which it operates” for “concerning each crossing through which it operates or with respect to the trackage over which it operates”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1)(A), by striking “concerning each crossing through which it operates or with respect to the trackage over which it operates” and inserting “concerning each crossing through which it operates with respect to the trackage over which it operates”.

    Effective date note
    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.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) to (c), is the date of enactment of div. A of Pub. L. 110–432, which was approved .

Amendments

2015—Subsec. (a)(1). Pub. L. 114–94, § 11316(g)(1), substituted “concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates” for “concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates”.

Subsec. (b)(1)(A). Pub. L. 114–94, § 11316(g)(2), substituted “concerning each crossing through which it operates with respect to the trackage over which it operates” for “concerning each crossing through which it operates or with respect to the trackage over which it operates”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective , see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Credits

2008–2015 · 2 acts
  1. 2008Added Pub. L. 110–432, div. A, title II, § 204(a), , 122 Stat. 4869
  2. 2015amended Pub. L. 114–94, div. A, title XI, § 11316(g), , 129 Stat. 1676.
Show as published

(Added Pub. L. 110–432, div. A, title II, § 204(a), , 122 Stat. 4869; amended Pub. L. 114–94, div. A, title XI, § 11316(g), , 129 Stat. 1676.)

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