[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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



[[Page 86]]



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.