(a)
(1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates; or
(2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
(b)
(1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall—
(A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates with respect to the trackage over which it operates; or
(B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
(2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing.
(c)
(d)
(1)
(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
(2)
References in Text
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) to (c), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
Amendments
2015—Subsec. (a)(1). Pub. L. 114–94, §11316(g)(1), substituted "concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates" for "concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates".
Subsec. (b)(1)(A). Pub. L. 114–94, §11316(g)(2), substituted "concerning each crossing through which it operates with respect to the trackage over which it operates" for "concerning each crossing through which it operates or with respect to the trackage over which it operates".
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.