Sec. 11401. HIGHWAY-RAIL GRADE CROSSING SAFETY
970 words·~4 min read·
/statute-compilations/comps-13423/sec-11401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 11401 HIGHWAY-RAIL GRADE CROSSING SAFETY **[**[49 U.S.C. 22501 note](/us/usc/t49/s22501)**]** ###
(a)Model State Highway-Rail Grade Crossing Action Plan ####
(1)In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall develop a model of a State-specific highway-rail grade crossing action plan and distribute the plan to each State. ####
(2)Contents The plan developed under paragraph
(1)shall include— #####
(A)methodologies, tools, and data sources for identifying and evaluating highway-rail grade crossing safety risks, including the public safety risks posed by blocked highway-rail grade crossings due to idling trains; #####
(B)best practices to reduce the risk of highway-rail grade crossing accidents or incidents and to alleviate the blockage of highway-rail grade crossings due to idling trains, including strategies for— ######
(i)education, including model stakeholder engagement plans or tools; ######
(ii)engineering, including the benefits and costs of different designs and technologies used to mitigate highway-rail grade crossing safety risks; and ######
(iii)enforcement, including the strengths and weaknesses associated with different enforcement methods; #####
(C)for each State, a customized list and data set of the highway-rail grade crossing accidents or incidents in that State over the past 3 years, including the location, number of deaths, and number of injuries for each accident or incident, and a list of highway-rail grade crossings in that State that have experienced multiple accidents or incidents over the past 3 years; and #####
(D)contact information of a Department of Transportation safety official available to assist the State in adapting the model plan to satisfy the requirements under subsection (b). ###
(b)State Highway-Rail Grade Crossing Action Plans ####
(1)Requirements Not later than 18 months after the Administrator develops and distributes the model plan under subsection (a), the Administrator shall promulgate a rule that requires— #####
(A)each State, except the 10 States identified under section 202 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note), to develop and implement a State highway-rail grade crossing action plan; and #####
(B)each State identified under section 202 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note) to— ######
(i)update the State action plan under such section; and ######
(ii)submit to the Administrator— ######
(I)the updated State action plan; and ######
(II)a report describing what the State did to implement its previous State action plan under such section and how the State will continue to reduce highway-rail grade crossing safety risks. ####
(2)Contents Each State plan required under this subsection shall— #####
(A)identify highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents or multiple highway-rail grade crossing accidents or incidents, or are at high-risk for accidents or incidents; #####
(B)identify specific strategies for improving safety at highway-rail grade crossings, including highway-rail grade crossing closures or grade separations; and #####
(C)designate a State official responsible for managing implementation of the State action plan under subparagraph
(A)or
(B)of paragraph (1), as applicable. ####
(3)Assistance The Administrator shall provide assistance to each State in developing and carrying out, as appropriate, the State action plan under this subsection. ####
(4)Public availability Each State shall submit a final State plan under this subsection to the Administrator for publication. The Administrator shall make each approved State plan publicly available on an official Internet Web site. ####
(5)Conditions The Secretary may condition the awarding of a grant to a State under chapter 229 of title 49, United States Code, on that State submitting an acceptable State action plan under this subsection. ####
(6)Review of action plans Not later than 60 days after the date of receipt of a State action plan under this subsection, the Administrator shall— #####
(A)if the State action plan is approved, notify the State and publish the State action plan under paragraph (4); and #####
(B)if the State action plan is incomplete or deficient, notify the State of the specific areas in which the plan is deficient and allow the State to complete the plan or correct the deficiencies and resubmit the plan under paragraph (1). ####
(7)Deadline Not later than 60 days after the date of a notice under paragraph (6)(B), a State shall complete the plan or correct the deficiencies and resubmit the plan. ####
(8)Failure to complete or correct plan If a State fails to meet the deadline under paragraph (7), the Administrator shall post on the Web site under paragraph
(4)a notice that the State has an incomplete or deficient highway-rail grade crossing action plan. ###
(c)Railway-Highway Crossings Funds The Secretary may use funds made available to carry out section 130 of title 23, United States Code, to provide States with funds to develop a State highway-rail grade crossing action plan under subsection (b)(1)(A) or to update a State action plan under subsection (b)(1)(B). ###
(d)Definitions In this section: ####
(1)Highway-rail grade crossing The term “highway-rail grade crossing” means a location within a State, other than a location where 1 or more railroad tracks cross 1 or more railroad tracks at grade, where— #####
(A)a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 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 non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses 1 or more railroad tracks either at grade or grade-separated. ####
(2)State The term “State” means a State of the United States or the District of Columbia.
Connections1 off-index
1 reference not yet in our index
- 49 USC 22501
Citation graph
cites case law
Sec. 11401
HIGHWAY-RAIL GRADE CROSSING SAFETY
Cite49 USC 22501
Cites 1Cited by 0 across 0 sources