49-U.S.C.-20120
§20120 – Enforcement Report
Pathway
Title 49 > Subtitle V > Part A > Chapter 201 > Subchapter I > Section 20120
Details
- Reference: Section 20120
- Legend: §20120 – Enforcement Report
- USCode Year: 2013
Provision Content
(a) In General.—Beginning not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public website an annual report that—
(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials;
(2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including—
(A) the number of civil penalties assessed;
(B) the initial amount of civil penalties assessed;
(C) the number of civil penalty cases settled;
(D) the final amount of civil penalties assessed;
(E) the difference between the initial and final amounts of civil penalties assessed;
(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
(G) the number of cases referred to the Attorney General for civil or criminal prosecution;
(H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;
(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety;
(4) provide the information required by paragraphs (2) and (3)—
(A) for each Class I railroad individually; and
(B) in the aggregate for—
(i) Class II railroads;
(ii) Class III railroads;
(iii) hazardous materials shippers; and
(iv) individuals;
(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by—
(A) the Locomotive Engineer Review Board;
(B) an Administrative Hearing Officer or Administrative Law Judge; or
(C) the Administrator of the Federal Railroad Administration;
(6) provides an explanation regarding any changes in the Secretarys or the Federal Railroad Administrations enforcement programs or policies that may substantially affect the information reported; and
(7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.
(Added Pub. L. 110–432, div. A, title III, §303(a), Oct. 16, 2008, 122 Stat. 4878.)
U.S. Encyclopedia of Law Coverage
49-U.S.C.-20113 in the Legal Encyclopedia: Transportation
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49-U.S.C.-20112 in the Legal Encyclopedia: Transport Programs
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49-U.S.C.-20118 in the Legal Encyclopedia: Rail Programs
In this entry about 49-U.S.C.-20118, find legal reference material, bibliographies and premiere content related to rail programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States rail programs-specific issues, written by authorities in the field.
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