Page:United States Statutes at Large Volume 108 Part 2.djvu/149

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 865 (b) ANNUAL CERTIFICATION.—(1) A State authority's annual certification must include— (A) a certification that the authority— (i) has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State; (ii) was given a copy of each safety regulation prescribed and order issued by the Secretary, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and (iii) is conducting the investigative and surveillance activities prescribed by the Secretary under subsection (a) of this section; and (B) a report, in the form the Secretary prescribes by regula- Reports. tion, that includes— Regulations. (i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority; (ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary), and a summary of the authority's investigation of the cause and circumstances surrounding the accident or incident; (iii) the record maintenance, reporting, and inspection ^ practices conducted by the authority to aid the Secretary in enforcing railroad safety regulations prescribed and orders issued by the Secretary, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and (iv) other information the Secretary requires. (2) An annual certification applies to a safety regulation prescribed or order issued after the date of the certification only if the State authority submits an appropriate certification to provide the necessary investigative and surveillance activities. (3) If, after receipt of an annual certification, the Secretary decides the State authority is not complying satisfactorily with the investigative and surveillance activities prescribed under subsection (a) of this section, the Secretary may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The Secretary must give the authority notice and Notice, an opportunity for a hearing before taking action under this paragraph. When the Secretary gives notice, the burden of proof is on the authority to show that it is complying satisfactorily with the investigative and surveillance activities prescribed by the Secretary. (c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED.— (1) If the Secretary does not receive an annual certification under subsection (a) of this section related to any railroad equipment, facility, rolling stock, or operation, the Secretary may make an agreement with a State authority for the authority to provide any part of the investigative and surveillance activities prescribed by the Secretary as necessary to enforce the safety regulations and orders applicable to the equipment, facility, rolling stock, or operation. (2) The Secretary may terminate any part of an agreement made under this subsection on finding that the authority has not