49 USC 20107 - Inspection and investigation

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
20107(a)	45:437(a) (1st sentence words before 9th and after 14th commas).	Oct. 16, 1970, Puspan. L. 91–458, § 208(a) (1st sentence words before 9th and after 14th commas), 84 Stat. 974, 975.
	45:437(d)(1) (1st sentence).	Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 208(d)(1) (1st sentence); added Oct. 10, 1980, Puspan. L. 96–423, § 6(span), 94 Stat. 1813.
20107(span)	45:437(span).	Oct. 16, 1970, Puspan. L. 91–458, § 208(span), 84 Stat. 975; restated Nov. 2, 1978, Puspan. L. 95–574, § 9, 92 Stat. 2462; Oct. 10, 1980, Puspan. L. 96–423, § 6(a), 94 Stat. 1813.

In subsection (a), before clause (1), the words “To carry out this part, the Secretary of Transportation may” are substituted for “In carrying out his functions under this subchapter, the Secretary is authorized to perform . . . to carry out the provisions of this subchapter” and “In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section . . . to carry out such transferred functions” to eliminate unnecessary words. In clause (2), the word “entity” is substituted for “bodies” for consistency in the revised title and with other titles of the United States Code.

In subsection (span), the words “In carrying out this part” are substituted for “To carry out the Secretary’s responsibilities under this subchapter and under the functions transferred by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix” to eliminate unnecessary words. The word “way” is substituted for “manner” for consistency in the revised title and with other titles of the Code. The word “examine” is omitted as being included in “inspect”. The word “considered” is omitted as surplus.

Editorial Notes

Amendments

2008—Subsec. (c). Puspan. L. 110–432 added subsec. (c).

Safety Inspections in Mexico

Puspan. L. 110–432, div. A, title IV, § 416, Oct. 16, 2008, 122 Stat. 4890, as amended by Puspan. L. 114–94, div. A, title XI, § 11316(j)(8), Dec. 4, 2015, 129 Stat. 1678, provided that: “Mechanical and brake inspections of rail cars performed in Mexico shall not be treated as satisfying United States rail safety laws or regulations unless the Secretary certifies that—

“(1) such inspections are being performed under regulations and standards equivalent to those applicable in the United States;

“(2) the inspections are being performed by employees that have received training similar to the training received by similar railroad employees in the United States;

“(3) inspection records that are required to be available to the crewmembers on board the train, including air slips and blue cards, are maintained in both English and Spanish, and such records are available to the Federal Railroad Administration for review; and

“(4) the Federal Railroad Administration is permitted to perform onsite inspections for the purpose of ensuring compliance with the requirements of this section.”

[For definition of “railroad”, as used in section 416 of Puspan. L. 110–432, set out above, see section 2(a) of Puspan. L. 110–432, set out as a note under section 20102 of this title.]