Sec. 11315. MISCELLANEOUS PROVISIONS
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## SEC. 11315 MISCELLANEOUS PROVISIONS ###
(a)Title 49 Amendments ####
(1)Authority Section 22702(b)(4) of title 49, United States Code, is amended by striking “5 years for reapproval by the Secretary” and inserting “4 years for acceptance by the Secretary”. ####
(2)Contents of state rail plans Section 22705(a) of title 49, United States Code, is amended by striking paragraph (12). ###
(b)Passenger Rail Investment and Improvement Act Amendments Section 305 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended— ####
(1)in subsection
(a)by inserting after “equipment manufacturers,” the following: “nonprofit organizations representing employees who perform overhaul and maintenance of passenger railroad equipment,”; ####
(2)in subsection
(c)by striking “, and may establish a corporation, which may be owned or jointly-owned by Amtrak, participating States, or other entities, to perform these functions”; and ####
(3)in subsection
(e)by striking “and establishing a jointly-owned corporation to manage that equipment”. ###
(c)Certain Projects **[**[23 U.S.C. 322 note](/us/usc/t23/s322)**]** A project described in 1307(a)(3) of SAFETEA-LU (Public Law 109-59) may be eligible for the Railroad Rehabilitation and Improvement Financing program if the Secretary determines such project meets the requirements of sections 22402 and 22403 of title 49, United States Code. ###
(d)Clarification ####
(1)Amendment Section 20157(g) of title 49, United States Code, is amended by adding at the end the following new paragraph: > > #### “(4) Clarification > > > ##### “(A) Prohibitions > > The Secretary is prohibited from— > > > ###### “(i) > > approving or disapproving a revised plan submitted under subsection (a)(1); > > > ###### “(ii) > > considering a revised plan under subsection (a)(1) as a request for amendment under section 236.1021 of title 49, Code of Federal Regulations; or > > > ###### “(iii) > > requiring the submission, as part of the revised plan under subsection (a)(1), of— > > > ###### “(I) > > only a schedule and sequence under subsection (a)(2)(A)(iii)(VII); or > > > ###### “(II) > > both a schedule and sequence under subsection (a)(2)(A)(iii)(VII) and an alternative schedule and sequence under subsection (a)(2)(B). > > > ##### “(B) Civil penalty authority > > Except as provided in paragraph
(2)and this paragraph, nothing in this subsection shall be construed to limit the Secretary’s authority to assess civil penalties pursuant to subsection (e), consistent with the requirements of this section. > > > ##### “(C) Retained review authority > > The Secretary retains the authority to review revised plans submitted under subsection (a)(1) and is authorized to require modifications of those plans to the extent necessary to ensure that such plans include the descriptions under subsection (a)(2)(A)(i), the contents under subsection (a)(2)(A)(ii), and the year or years, totals, and summary under subsection (a)(2)(A)(iii)(I) through (VI).” > . ####
(2)Conforming Amendment Section 20157(g)(3) of title 49, United States Code, is amended by striking “by paragraph
(2)and subsection (k)” and inserting “to conform with this section”.
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- Pub. L. 109-59
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