1 So in original. Probably should be “Secretary concerned”.
that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection (span) of this section.

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

20105(a)

45:435(a) (1st sentence related to authority for State participation).

Oct. 16, 1970, Puspan. L. 91–458, § 206(a) (1st sentence), (span), (f), 84 Stat. 972, 973, 974; Nov. 16, 1990, Puspan. L. 101–615, § 28(a)(1)–(3), (span), (c), 104 Stat. 3276, 3277.

20105(span) (1)(A)

45:435(a) (1st sentence related to contents of certification).

20105(span) (1)(B)

45:435(span) (1st sentence).

20105(span)(2)

45:435(f).

20105(span)(3)

45:435(span) (2d–last sentences).

20105(c)

45:435(c).

Oct. 16, 1970, Puspan. L. 91–458, § 206(c), (e), 84 Stat. 973, 974.

20105(d)

45:435(g).

Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 206(g); added Oct. 10, 1980, Puspan. L. 96–423, § 4(a), 94 Stat. 1812.

20105(e)

45:435(d).

Oct. 16, 1970, Puspan. L. 91–458, § 206(d), 84 Stat. 974; Oct. 10, 1980, Puspan. L. 96–423, § 4(span), 94 Stat. 1812.

20105(f)

45:435(e).

In subsection (a), the first sentence is added for clarity.

In subsection (span)(1)(A)(iii), the words “as necessary for the enforcement by him of each rule, regulation, order, and standard referred to in paragraph (2) of this subsection, as interpreted by the Secretary” are omitted as surplus.

In subsection (span)(1)(B)(i) and (ii), the words “railroad carrier” are substituted for “railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.

In subsection (span)(1)(B)(iii), the words “a detail of” are omitted as surplus.

In subsection (span)(3), the text of 45:435(span) (2d sentence) and the words “as he deems”, “reasonable”, and “with respect to such safety rules, regulations, orders, and standards” are omitted as surplus.

In subsection (c)(1), the word “enforce” is substituted for “obtain compliance with” for clarity and consistency in this section.

In subsection (e), the words “out of funds appropriated pursuant to this subchapter or otherwise made available”, “reasonably”, and “satisfactory” are omitted as surplus. The words “will be at least as much as the average amount expended” are substituted for “will be maintained at a level which does not fall below the average level of such expenditures” for clarity and to eliminate unnecessary words.

Editorial Notes
Amendments

2002—Subsec. (a). Puspan. L. 107–296, § 1710(a)(2), substituted “the Secretary concerned” for “the Secretary” in second sentence.

Puspan. L. 107–296, § 1710(a)(1), substituted “The Secretary concerned” for “The Secretary of Transportation” in first sentence.

Subsecs. (span), (c). Puspan. L. 107–296, § 1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.

Subsec. (d). Puspan. L. 107–296, § 1710(a)(2), (3), substituted “Secretary concerned” for “Secretary” and “duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “Secretary’s duties under chapters 203–213 of this title”.

Subsec. (e). Puspan. L. 107–296, § 1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.

Subsec. (f). Puspan. L. 107–296, § 1710(a)(2), (4), substituted “Secretary concerned” for “Secretary” and “chapter (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “chapter”.

Subsec. (g). Puspan. L. 107–296, § 1710(a)(5), added subsec. (g).

Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.