49 U.S.C. § 20103 : US Code - Section 20103: General authority

Search 49 U.S.C. § 20103 : US Code - Section 20103: General authority

(a) Regulations and Orders. - The Secretary of Transportation, as
necessary, shall prescribe regulations and issue orders for every
area of railroad safety supplementing laws and regulations in
effect on October 16, 1970. When prescribing a security regulation
or issuing a security order that affects the safety of railroad
operations, the Secretary of Homeland Security shall consult with
the Secretary.
(b) Regulations of Practice for Proceedings. - The Secretary
shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect the
varying nature of the proceedings and include time limits for
disposition of the proceedings. The time limit for disposition of a
proceeding may not be more than 12 months after the date it begins.
(c) Consideration of Information and Standards. - In prescribing
regulations and issuing orders under this section, the Secretary
shall consider existing relevant safety information and standards.
(d) Waivers. - The Secretary may waive compliance with any part
of a regulation prescribed or order issued under this chapter if
the waiver is in the public interest and consistent with railroad
safety. The Secretary shall make public the reasons for granting
the waiver.
(e) Hearings. - The Secretary shall conduct a hearing as provided
by section 553 of title 5 when prescribing a regulation or issuing
an order under this chapter, including a regulation or order
establishing, amending, or waiving compliance with a railroad
safety regulation prescribed or order issued under this chapter. An
opportunity for an oral presentation shall be provided.
(f) Tourist Railroad Carriers. - In prescribing regulations that
pertain to railroad safety that affect tourist, historic, scenic,
or excursion railroad carriers, the Secretary of Transportation
shall take into consideration any financial, operational, or other
factors that may be unique to such railroad carriers. The Secretary
shall submit a report to Congress not later than September 30,
1995, on actions taken under this subsection.