PRIA, Government Policy, Made Personal

Summary

The Secretary of Transportation can immediately order limits or bans if tests, inspections, or research show an unsafe condition or practice (or a mix of them) that causes an emergency that could lead to death, injury, or serious environmental harm. The Secretary can do this without following section 20103(e). Any order must say what the unsafe condition or practice is and explain the rules and steps to get relief from the order. The Secretary can keep the order as long as the emergency continues. After an order is issued, people can ask for review under section 554 of title 5. If someone files for review and the review is not finished within the 30-day period that starts when the order was issued, the order stops at the end of those 30 days unless the Secretary writes that the emergency still exists. A railroad employee who works in interstate or foreign commerce, or the employee’s authorized representative, can sue in federal court to force the Secretary to issue an order if the Secretary failed to do so without any reasonable basis. That lawsuit must be filed either where the emergency exists, where the carrier has its main executive office, or in the District of Columbia. The Secretary’s failure to issue an order can only be reviewed under section 706 of title 5.

Title 49, §20104

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(a)Ordering Restrictions and Prohibitions.—

(1)If, through testing, inspection, investigation, or research carried out under this chapter, the Secretary of Transportation decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 20103(e) of this title, that may be necessary to abate the situation.

(2)The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists.

(b)Review of Orders.—

After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under section 554 of title 5. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists.

(c)Civil Actions To Compel Issuance of Orders.—

An employee of a railroad carrier engaged in interstate or foreign commerce who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under subsection (a) of this section, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action must be brought in the judicial district in which the emergency situation is alleged to exist, in which that employing carrier has its principal executive office, or for the District of Columbia. The Secretary’s failure to issue an order under subsection (a) of this section may be reviewed only under section 706 of title 5.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 20104(a)45:432(a), (d).Oct. 16, 1970, Pub. L. 91–458, § 203, 84 Stat. 972; restated Oct. 10, 1980, Pub. L. 96–423, § 3, 94 Stat. 1811. 20104(b)45:432(b), (c). 20104(c)45:432(e). In subsection (a)(1), the words “or both” are omitted as surplus. The words “immediately may order restrictions and prohibitions . . . that may be necessary to abate the situation” are substituted for “may immediately issue an order . . . imposing such restrictions or prohibitions as may be necessary to bring about the abatement of such emergency situation” to eliminate unnecessary words. In subsection (a)(2), the words “or a combination of conditions and practices” are added for consistency with paragraph (1). The words “(as determined by the Secretary)” are omitted as surplus. The last sentence is substituted for 45:432(d) (last sentence) for clarity. In subsection (b), the words “the Secretary” are added for clarity. In subsection (c), the words “issue an order” are substituted for “seek relief” for consistency in this section. The words “The action must be brought in the judicial district” are substituted for “for the judicial district” for consistency in the revised title.

Editorial Notes

Amendments

2008—Subsec. (a)(1). Pub. L. 110–432 substituted “death, personal injury, or significant harm to the environment” for “death or personal injury”.

§20104 Emergency Authority