[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR212.115]

[Page 85-86]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 212_STATE SAFETY PARTICIPATION REGULATIONS--Table of Contents
 
                      Subpart B_State/Federal Roles
 
Sec. 212.115  Enforcement actions.

    (a) Except as provided in paragraph (b) of this section, the FRA 
reserves exclusive authority to assess and compromise penalties, to 
issue emergency orders and compliance orders, institute or cause to be 
instituted actions for collection of civil penalties or for injunctive 
relief, and to commence any and all other enforcement actions under the 
Federal railroad safety laws.
    (b)(1) Section 207(a) of the Federal Railroad Safety Act of 1970, as 
amended (45 U.S.C. 436(a)), authorizes a participating State to bring an 
action for assessment and collection of a civil penalty in a Federal 
district court of proper venue, if the FRA has not acted on a request 
for civil penalty assessment originated by the State, within sixty (60) 
days of receipt, by assessing the penalty or by determining in writing 
that no violation occurred.
    (2) Section 207(b) of the Federal Railroad Safety Act of 1970, as 
amended (45 U.S.C. 436(b)), authorizes a participating State to bring an 
action for injunctive relief in a Federal district court of proper 
venue, if the FRA has not acted on a request to initiate such

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an action within fifteen (15) days of receipt, by referring the matter 
to the Attorney General for litigation, by undertaking other enforcement 
action, or by determining in writing that no violation has occurred.
    (3) For purposes of this paragraph, a request for legal action is 
deemed to be received when a legally sufficient investigative report 
specifying the action requested is received by the designated FRA 
offices.
    (c)(1) Requests for civil penalty assessments and other 
administrative actions shall be submitted to the FRA Regional Director 
for Railroad Safety for the FRA region in which the State is located.
    (2) Requests for the institution of injunctive actions shall be 
submitted simultaneously to (i) the FRA Regional Director for Railroad 
Safety for the FRA region in which the State is located and (ii) the 
Enforcement Division, Office of Chief Counsel, FRA, Washington, DC 
20590.