P.L. 110-432 (Sec. 204)

H. R. 2095

One Hundred Tenth Congress

of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL

GRADE CROSSINGS.

(a) IN GENERAL.—Subchapter II of chapter 201, as amended

by section 105 of this division, is further amended by inserting

after section 20158 the following:

‘‘§ 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, 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.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201, as amended by section 105 of this division, is amended

by inserting after the item relating to section 20158 the following

new item:

‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’.

SEC. 204. NATIONAL CROSSING INVENTORY.

(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 later than 1 year after the date

of enactment of the Rail Safety Improvement Act of 2008 or 6

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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 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.

H. R. 2095—24

‘‘(2) STATE.—The term ‘State’ means a State of the United

States, the District of Columbia, or the Commonwealth of

Puerto Rico.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201, as amended by section 203 of this division, is amended

by inserting after the item relating to section 20159 the following:

‘‘20160. National crossing inventory.’’.

(c) REPORTING AND UPDATING.—Section 130 of title 23, United

States Code, is amended by adding at the end the following:

‘‘(l) NATIONAL CROSSING INVENTORY.—

‘‘(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not

later than 1 year after the date of enactment of the Rail

Safety Improvement Act of 2008 or within 6 months of a new

crossing becoming operational, whichever occurs later, each

State shall report to the Secretary of Transportation current

information, including information about warning devices and

signage, as specified by the Secretary, concerning each previously

unreported public crossing located within its borders.

‘‘(2) PERIODIC UPDATING OF CROSSING INFORMATION.—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 State shall report

to the Secretary current information, including information

about warning devices and signage, as specified by the Secretary,

concerning each public crossing located within its borders.

‘‘(3) RULEMAKING AUTHORITY.—The Secretary shall prescribe

the regulations necessary to implement this subsection.

The Secretary may enforce each provision of the Department

of Transportation’s statement of the national highway-rail

crossing inventory policy, procedures, and instructions 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 subsection.

‘‘(4) DEFINITIONS.—In this subsection—

‘‘(A) ‘public 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 gradeseparated,

where—

‘‘(i) a public highway, road, or street, including

associated sidewalks and pathways, crosses one or

more railroad tracks either at grade or grade-separated;

or

‘‘(ii) a publicly owned pathway explicitly authorized

by a public authority or a railroad carrier and dedicated

for the use of non-vehicular 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; and

‘‘(B) ‘State’ means a State of the United States, the

District of Columbia, or Puerto Rico.’’.

(d) CIVIL PENALTIES.—

(1) Section 21301(a)(1) is amended—

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(A) by inserting ‘‘with section 20160 or’’ after ‘‘comply’’

in the first sentence; and

(B) by inserting ‘‘section 20160 of this title or’’ after

‘‘violating’’ in the second sentence.

(2) Section 21301(a)(2) is amended by inserting ‘‘The Secretary

shall impose a civil penalty for a violation of section

20160 of this title.’’ after the first sentence.

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