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49 U.S.C. § 20901Reports

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

Railroad carriers must report accidents and incidents monthly to the Secretary of Transportation. When setting a dollar threshold for what counts as reportable, the Secretary must rely on specific, publicly available data sources.

(a) General Requirements. Within 30 days after the end of each month, a railroad carrier must file a report with the Secretary of Transportation. The report covers all accidents and incidents from that month that caused injury or death to a person, or damage to equipment or a roadbed, arising from the carrier's operations. The report must be made under oath and must state the nature, cause, and circumstances of each accident or incident. If the carrier blames human error, the report must include a statement from each blamed employee — if that employee wants to include one — explaining any factors the employee says contributed to the accident. (b) Monetary Threshold for Reporting. (1) When the Secretary sets or changes a dollar threshold for reporting an accident or incident, the Secretary must calculate damage costs using only publicly available information from: (A) the Bureau of Labor Statistics; or (B) another federal department, agency, or instrumentality — but only if that information came from objective, statistically sound surveys, or had already gone through public notice and comment in a government proceeding. (2) If information isn't available from those sources, the Secretary may use any other source. But then that information must go through public notice and a chance for written comment before it can be used.
the actual law source: uscode.house.gov ↗public domain
(a)General Requirements.—

Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier’s operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident.

(b)Monetary Threshold for Reporting.—
(1)

In establishing or changing a monetary threshold for the reporting of a railroad accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from—

(A)

the Bureau of Labor Statistics; or

(B)

another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.

(2)

If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 886.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 886

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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