Page:United States Statutes at Large Volume 92 Part 2.djvu/1182

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 2462

PUBLIC LAW 95-574—NOV. 2, 1978 ROLE OF DEPARTMENT OF TRANSPORTATION I N RAILROAD ACCIDENT INVESTIGATIONS; LIABILITY OF DEPARTMENT OF TRANSPORTATION'S AGENTS

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SEC. 9. Section 208 of the Federal Kailroad Safety Act of 1970 (45 U.S.C. 437) is amended— (1) by Striking out subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively, and (2) by amending subsection (b), as so redesignated to read as follows: "(b) To carry out the Secretary's responsibilities under this title, officers, employees, or agents of the Secretary are authorized to enter upon, inspect, and examine rail facilities, equipment, rolling stock, operations, and pertinent records at reasonable times and in a reasonable manner. Such officers, employees, or agents shall display proper credentials when requested, and during the course of such inspection or examination shall be considered employees of the Federal Government for purposes of chapter 171 of title 28 of the United States Code.". '

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RAIL TRANSPORTATION SAFETY AND EFFICIENCY STUDY

SEC. 10. (a) The Secretary of Transportation shall conduct a study and evaluation concerning the safety and efficiency of rail transportation. Such study and evaluation shall include— (1) a determination of the relationship of the size, weight, and length of railroad cars (other than those contained in unit trains) to the safety and efficiency of rail transportation; and "f (2) a determination of the effect of the exclusive ownership and control of rights-of-way by individual railroads on the safety and efficiency of rail transportation, considering, among other things, whether or not such rights-of-way might be better employed under new structures of ownership or other conditions for joint usage. (b) Within one year after the date of enactment of this Act, the Secretary of Transportation shall complete the portion of the study described in subsection (a)(1) of this section. (c) Within two years after the date of enactment of this Act, the Secretary of Transportation shall complete the portion of the study described in subsection (a)(2) of this section and submit a report to the Congress setting forth the results of such study, together with recommendations for such legislative or other action as the Secretary deems appropriate. Approved November 2, 1978.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1176 accompanying H.R. 12577 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-865 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol 124 (1978): May 25, considered and passed Senate. Oct. 11, 13, H.R. 12577 considered and passed House; passage vacated, and S. 3081, amended, passed in lieu. ,,; Oct. 15, Senate concurred in House amendments.