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49 U.S.C. § 20104 — Emergency authority

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 356 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can immediately order restrictions when unsafe railroad conditions create an emergency. If someone files a petition to review the order and the review is not finished within 30 days, the order ends unless the Secretary confirms in writing that the emergency still exists. An endangered employee can sue to force the Secretary to issue an order.

(a) Ordering Restrictions and Prohibitions.
(1) If testing, inspection, investigation, or research carried out under this chapter shows the Secretary of Transportation that an unsafe condition or practice — or a combination of them — is causing an emergency involving a risk of death, personal injury, or significant environmental harm, the Secretary can immediately order whatever restrictions or bans are needed to fix it, without following the hearing requirement in section 20103(e).
(2) The order must describe the condition or practice causing the emergency and set out how someone can ask for relief from the order. This doesn't limit how long the Secretary can keep the order in effect while the emergency situation continues.

(b) Review of Orders. After issuing the order, the Secretary must provide an opportunity to have it reviewed under section 554 of title 5. If someone files for review and it isn't completed within the 30-day period after the order was issued, the order stops being effective at the end of that period — unless the Secretary decides in writing that the emergency situation still exists.

(c) Civil Actions To Compel Issuance of Orders. A railroad employee (working in interstate or foreign commerce) who could face imminent physical injury on the job because the Secretary — without any reasonable basis — failed to issue an emergency order, or that employee's authorized representative, can sue the Secretary in a federal district court to compel the order. The suit must be filed where the emergency is alleged to exist, where the employing railroad has its main office, or in the District of Columbia. Courts can review the Secretary's failure to act only under section 706 of title 5.

the actual law source: uscode.house.gov ↗public domain
(a)Ordering Restrictions and Prohibitions.—
(1)

If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 20103(e) of this title, that may be necessary to abate the situation.

(2)

The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists.

(b)Review of Orders.—

After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under section 554 of title 5. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists.

(c)Civil Actions To Compel Issuance of Orders.—

An employee of a railroad carrier engaged in interstate or foreign commerce who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under subsection (a) of this section, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action must be brought in the judicial district in which the emergency situation is alleged to exist, in which that employing carrier has its principal executive office, or for the District of Columbia. The Secretary’s failure to issue an order under subsection (a) of this section may be reviewed only under section 706 of title 5.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 864; Pub. L. 110–432, div. A, title III, § 304, Oct. 16, 2008, 122 Stat. 4879.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 864
  • 2008Amended · Pub. L. 110-432 · 122 Stat. 4879

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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