
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20104]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20104. Emergency authority

    (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 or 
personal injury, 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
20104(a)..............................  45:432(a), (d).                  Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                                                          203, 
84 Stat. 972; restated Oct. 10,
                                                                          1980,
 Pub. L. 96-423, Sec.  3, 94
                                                                          Stat.
 1811.
20104(b)..............................  45:432(b), (c).
20104(c)..............................  45:432(e).
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---------------------------------

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 20111, 20114 of this title.
