Page:United States Statutes at Large Volume 108 Part 2.djvu/171

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 887 accident or incident, the Secretary shall base damage cost calculations only on publicly available information obtained from— (A) the Bureau of Labor Statistics; or (B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality. (2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment. §20902. Investigations (a) GENERAL AUTHORITY. —The Secretary of Transportation, or an impartial investigator authorized by the Secretary, may investigate— (1) an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and (2) an accident or incident reported under section 20505 of this title. (b) OTHER DUTIES AND POWERS. —In carrying out an investigation, the Secretary or authorized investigator may subpena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or incident is investigated by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission's investigation. The railroad carrier on whose railroad line the accident or incident occurred shall provide reasonable facilities to the Secretary for the investigation. (c) REPORTS. —When in the public interest, the Secretary shall make a report of the investigation, stating the cause of the accident or incident and making recommendations the Secretary considers appropriate. The Secretary shall publish the report in a way the Publication. Secretary considers appropriate. §20903. Reports not evidence in civil actions for damages No part of an accident or incident report filed by a railroad carrier under section 20901 of this title or made by the Secretary of Transportation under section 20902 of this title may be used in a civil action for damages resulting from a matter mentioned in the report. CHAPTER 211—HOURS OF SERVICE Sec. 21101. Definitions. 21102. Nonapplication and exemption. 21103. Limitations on duty hours of train employees. 21104. Limitations on duty hours of signal employees. 21105. Limitations on duty hoiu-s of dispatching service employees. 21106. Limitations on employee sleeping quarters. 21107. Maximum duty hours and subjects of collective bargaining.