Notes on 49 U.S.C. § 21302 : US Code - Notes

Search Notes on 49 U.S.C. § 21302 : US Code - Notes

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 892.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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21302 45:6 (1st sentence Mar. 2, 1893, ch. 196, Sec.
words before 23d 6 (1st sentence words before
comma and between 23d comma and between 24th
24th comma and comma and proviso, 2d
proviso, 2d sentence words before 2d
sentence words comma, last sentence), 27
before 2d comma, Stat. 532; restated Apr. 1,
last sentence). 1896, ch. 87, 29 Stat. 85;
Aug. 14, 1957, Pub. L.
85-135, Sec. 1(1), 71 Stat.
352; July 8, 1976, Pub. L.
94-348, Sec. 3(a), 90 Stat.
818; Nov. 2, 1978, Pub. L.
95-574, Sec. 7(a), 92 Stat.
2461; Oct. 10, 1980, Pub. L.
96-423, Sec. 8(b), 94 Stat.
1814; June 22, 1988, Pub. L.
100-342, Sec. 13(1)(F), 102
Stat. 630; Sept. 3, 1992,
Pub. L. 102-365, Secs.
4(a)(1), (c)(3), 9(a)(3),
106 Stat. 973, 974, 977.
45:8 (words before Mar. 2, 1903, ch. 976, Sec.
16th comma). 1 (words before 23d comma),
32 Stat. 943; June 22, 1988,
Pub. L. 100-342, Sec.
13(2)(A), 102 Stat. 631.
45:9 (last Mar. 2, 1903, ch. 976, 32
sentence). Stat. 943, Sec. 2 (last
sentence); added Apr. 11,
1958, Pub. L. 85-375, Sec.
1(b)(3), 72 Stat. 86.
45:10 (words after Mar. 2, 1903, ch. 976, Sec.
19th comma). 3 (last sentence words after
semicolon), 32 Stat. 944.
45:12 (1st sentence Apr. 14, 1910, ch. 160, Sec.
words after 3 (1st sentence words
semicolon). between semicolon and
proviso), 36 Stat. 298.
45:13 (1st sentence Apr. 14, 1910, ch. 160, Sec.
words before last 4 (1st sentence words before
comma, 2d sentence last comma, 2d sentence
words before words before proviso, last
proviso, last sentence), 36 Stat. 299;
sentence). Aug. 14, 1957, Pub. L.
85-135, Sec. 1(2), 71 Stat.
352; July 8, 1976, Pub. L.
94-348, Sec. 3(b), 90 Stat.
818; Nov. 2, 1978, Pub. L.
95-574, Sec. 7(b), 92 Stat.
2461; June 22, 1988, Pub. L.
100-342, Sec. 13(3)
(C)(i)-(iv), 102 Stat. 632;
Sept. 3, 1992, Pub. L.
102-365, Secs. 4(a)(1),
(c)(4), 9(a)(5), 106 Stat.
973, 974, 978.
45:14 (words after Apr. 14, 1910, ch. 160, Sec.
semicolon). 5 (words after semicolon),
36 Stat. 299.
45:30 (1st sentence Mar. 4, 1915, ch. 169, Sec.
related to 45:34). 2 (1st sentence related to
Sec. 9 of Act of Feb. 17,
1911), 38 Stat. 1192; Apr.
22, 1940, ch. 124, Sec. 2,
54 Stat. 148; Reorg. Plan
No. 3 of 1965, eff. July 27,
1965, 79 Stat. 1320.
45:34 (1st sentence Feb. 17, 1911, ch. 103, Sec.
words before last 9 (1st sentence words before
comma, 2d, last last comma, 2d, last
sentences). sentences), 36 Stat. 916;
Apr. 22, 1940, ch. 124, Sec.
1 (related to Sec. 9 of Act
of Feb. 17, 1911), 54 Stat.
148; Aug. 14, 1957, Pub. L.
85-135, Sec. 3, 71 Stat.
352; Reorg. Plan No. 3 of
1965, eff. July 27, 1965, 79
Stat. 1320; July 8, 1976,
Pub. L. 94-348, Sec. 3(c),
90 Stat. 818; Nov. 2, 1978,
Pub. L. 95-574, Sec. 7(c),
92 Stat. 2461; Oct. 10,
1980, Pub. L. 96-423, Sec.
8(c), 94 Stat. 1814; June
22, 1988, Pub. L. 100-342,
Sec. 14(7)(A), 102 Stat.
633; Sept. 3, 1992, Pub. L,.
102-365, Secs. 4(a)(1),
(c)(7), 9(a)(8), 106 Stat.
973, 975, 978.
45:43 (1st sentence May 6, 1910, ch. 208, Sec. 7
words before last (1st sentence words before
comma, 2d sentence, last comma, 2d sentence, 3d
3d sentence words sentence words before 5th
before 5th comma, comma, last sentence), 36
last sentence). Stat. 351; Sept. 13, 1960,
Pub. L. 86-762, Sec. 3, 74
Stat. 904; restated June 22,
1988, Pub. L. 100-342, Sec.
15(4), 102 Stat. 634; Sept.
3, 1992, Pub. L. 102-365,
Secs. 4(a)(1), (c)(5),
9(a)(6), 106 Stat. 973, 974,
978.
45:438(b) (related Oct. 16, 1970, Pub. L.
to 45:39). 91-458, Sec. 209(b) (related
to Sec. 2 of Act of May 6,
1910), 84 Stat. 975; Jan. 3,
1975, Pub. L. 93-633, Sec.
204(a), 88 Stat. 2165; June
22, 1988, Pub. L. 100-342,
Sec. 3(a)(2), 102 Stat. 624;
Sept. 3, 1992, Pub. L.
102-365, Sec. 4(a)(1), 106
Stat. 973.
49 App.:26(h) (1st Feb. 4, 1887, ch. 104, 24
sentence words Stat. 379, Sec. 25(h) (1st
before last comma, sentence words before last
2d, 3d sentences, comma, 2d, 3d sentences, 4th
4th sentence words sentence words before last
before last comma, comma, last sentence); added
last sentence). Feb. 28, 1920, ch. 91, Sec.
441, 41 Stat. 498; restated
Aug. 26, 1937, ch. 818, 50
Stat. 837; Sept. 18, 1940,
ch. 722, Sec. 14(b), 54
Stat. 919; July 8, 1976,
Pub. L. 94-348, Sec. 3(d),
90 Stat 818; Nov. 2, 1978,
Pub. L. 95-574, Sec. 7(d),
92 Stat. 2461; Oct. 10,
1980, Pub. L. 96-423, Sec.
8(d), 94 Stat. 1814; June
22, 1988, Pub. L. 100-342,
Sec. 17(7), (8), 102 Stat.
636; Sept. 3, 1992, Pub. L.
102-365, Secs. 4(a)(1),
(c)(6), 9(a)(7), 106 Stat.
973, 974, 978.
49 Oct. 15, 1966, Pub. L.
App.:1655(e)(1)(A), 89-670, Sec. 6(e)(1)(A),
(C), (E)-(G), (K), (C), (E)-(G), (K), (6)(A),
(6)(A). 80 Stat. 939.
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In subsection (a)(1), the words "(including but not limited to a
railroad; any manager, supervisor, official, or other employee or
agent of a railroad; any owner, manufacturer, lessor, or lessee of
railroad equipment, track, or facilities; any independent
contractor providing goods or services to a railroad; and any
employee of such owner, manufacturer, lessor, lessee, or
independent contractor)" are omitted as surplus because of the
definition of "person" in 1:1 and because the provision being
violated indicates to whom it applies. The words "violating a
regulation prescribed or order issued under chapter 201 of this
title related to accident and incident reporting or investigation"
are substituted for "violating . . . any rule, regulation, order,
or standard issued under . . . the Federal Railroad Safety Act of
1970 [45 U.S.C. 431 et seq.] pertaining to accident reporting or
investigations" in 45:43, and the words "violating chapters 203-209
of this title or a regulation or requirement prescribed or order
issued under chapters 203-209" are substituted for various language
in the source provisions, for clarity, for consistency in this
section, and to eliminate unnecessary words. The words "liable to
the United States Government for a civil penalty" are substituted
for "liable to a penalty" for clarity. The text of 45:438(b)
(related to 45:39) is omitted as covered by 45:43.
In subsection (a)(2), the words "The Secretary of Transportation
imposes a civil penalty under this subsection" are substituted for
"to be assessed by the Secretary of Transportation" in 45:6, "Such
penalty shall be assessed by the Secretary of Transportation" in
45:13, the text of 45:10 (words after 7th comma) and 14 (words
after semicolon), and "in such amount . . . as the Secretary of
Transportation deems reasonable" in 45:34 and 43 and 49 App.:26(h)
for clarity and to eliminate unnecessary words. The words "per
violation" are omitted as surplus.
In subsections (a)(3) and (b), the words "Attorney General" are
substituted for "United States attorney", "such attorneys, subject
to the direction of the Attorney General", "proper United States
attorney" and "proper United States attorneys" because of 28:509.
In subsection (a)(3), the words "section 3711 of title 31" are
substituted for "the Federal Claims Collection Act of 1966" and
"sections 3711 and 3716 to 3718 of title 31" because the Federal
Claims Collection Act of 1966 has been repealed and reenacted as
part of title 31 and penalties are compromised under 31:3711. In
clause (B), the words "prior or subsequent" are omitted as
unnecessary.
In subsection (a)(4), the words "the Secretary shall refer the
matter to the Attorney General for collection" are substituted for
"recovered in a suit or suits to be brought by" for clarity. The
words "and it shall also be the duty of the Secretary of
Transportation to lodge with . . . information of any such
violations as may come to his knowledge" and "and it shall be the
duty of the director of locomotive inspection to give information .
. . of all violations coming to his knowledge" are omitted as
obsolete.
In subsection (b), the words "The Attorney General shall bring a
civil action in a district court of the United States to collect a
civil penalty that is referred to the Attorney General for
collection under subsection (a) of this section" are substituted
for "and it shall be the duty of such United States attorney to
bring such suits upon duly verified information being lodged with
him of such violation having occurred" in 45:6, and for "It shall
be the duty of such attorneys to bring such suits upon duly
verified information being lodged with them showing such violations
having occurred" in 49 App.:26, for clarity and consistency in this
section and with other provisions of the revised title.