49 U.S.C. § 5330 : US Code - Section 5330: State safety oversight

Search 49 U.S.C. § 5330 : US Code - Section 5330: State safety oversight

(a) Application. - This section shall only apply to -
(1) States that have rail fixed guideway public transportation
systems that are not subject to regulation by the Federal
Railroad Administration; and
(2) States that are designing rail fixed guideway public
transportation systems that will not be subject to regulation by
the Federal Railroad Administration.
(b) General Authority. - The Secretary of Transportation may
withhold not more than 5 percent of the amount required to be
appropriated for use in a State or urbanized area in the State
under section 5307 of this title for a fiscal year beginning after
September 30, 1994, if the State in the prior fiscal year has not
met the requirements of subsection (c) of this section and the
Secretary decides the State is not making an adequate effort to
comply with subsection (c).
(c) State Requirements. - A State meets the requirements of this
section if the State -
(1) establishes and is carrying out a safety program plan for
each fixed guideway public transportation system in the State
that establishes at least safety requirements, lines of
authority, levels of responsibility and accountability, and
methods of documentation for the system; and
(2) designates a State authority as having responsibility -
(A) to require, review, approve, and monitor the carrying out
of each plan;
(B) to investigate hazardous conditions and accidents on the
systems; and
(C) to require corrective action to correct or eliminate
those conditions.
(d) Multistate Involvement. - When more than one State is subject
to this section in connection with a single public transportation
authority, the affected States shall ensure uniform safety
standards and enforcement or shall designate an entity (except the
public transportation authority) to ensure uniform safety standards
and enforcement and to meet the requirements of subsection (c) of
this section.
(e) Availability of Withheld Amounts. - (1) An amount withheld
under subsection (b) of this section remains available for
apportionment for use in the State until the end of the 2d fiscal
year after the fiscal year for which the amount may be
appropriated.
(2) If a State meets the requirements of subsection (c) of this
section before the last day of the period for which an amount
withheld under subsection (b) of this section remains available
under paragraph (1) of this subsection, the Secretary, on the first
day on which the State meets the requirements, shall apportion to
the State the amount withheld that remains available for
apportionment for use in the State. An amount apportioned under
this paragraph remains available until the end of the 3d fiscal
year after the fiscal year in which the amount is apportioned. An
amount not obligated at the end of the 3-year period shall be
apportioned for use in other States under section 5336 of this
title.
(3) If a State does not meet the requirements of subsection (c)
of this section at the end of the period for which an amount
withheld under subsection (b) of this section remains available
under paragraph (1) of this subsection, the amount shall be
apportioned for use in other States under section 5336 of this
title.