Page:United States Statutes at Large Volume 122.djvu/4894

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12 2 STA T .487 1 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ‘ ‘ (2)STA T E.—Thet e rm ‘St a te ’ mea ns a State of the U n i te d States , the D istri c tof C o lu m b ia, or the Common w ealth of P uerto R ico.’’. (b) C ONF O RMI N GA MEN D MENT.—The cha p ter anal y sis for chapter 2 01 , as amended by section 20 3 of this di v ision, is amended by insertin g after the item relating to section 201 59 the following

‘ 2016 0 .Nation a lcr o s sin g in ve ntor y . ’ ’. (c) RE P ORTING AND UPDATING.—Section 130 of title 23, United States Code, is amended by adding at the end the following: ‘‘(l) N ATIONA L CRO S SING I N V ENTOR Y .— ‘‘(1) INITIAL REPORTING OF C ROSSING INFORMATION.—Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 200 8 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each pre - viously unreported public crossing located within its borders. ‘‘(2) PERIODIC U PDATING OF CROSSING INFORMATION.— O n 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 State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Sec- retary, concerning each public crossing located within its bor- ders. ‘‘(3) RULEMA K ING AUT H ORITY.—The Secretary shall pre- scribe the regulations necessary to implement this subsection. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instructions for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this subsection. ‘‘( 4 ) DEFINITIONS.—In this subsection— ‘‘(A) ‘public crossing’ means a location within a State, other than a location where one or more railroad trac k s cross one or more railroad tracks either at grade or grade- separated, where— ‘‘(i) a public highway, road, or street, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-sepa- rated

or ‘‘(ii) a publicly owned pathway e x plicitly authori z ed by a public authority or a railroad carrier and dedicated for the use of non-vehicular traffic, including pedes- trians, 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; and ‘‘( B ) ‘State’ means a State of the United States, the District of Columbia, or Puerto Rico.’’. (d) CIVIL PENALTIES.— (1) Section 21301(a)(1) is amended— 49USC2130 1 .Regulations .