12 2 STA T .4850PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 2008 useofn on v e hic u lart raffic , inclu d in gp edestrians, b ic y clists, and others, that is not associated w ith a public highway, road, or street, or a private roadway, crosses one or m ore railroad trac k s either at grade or grade - separated .(2)DEPARTM E N T. —T he term ‘ ‘Department ’ ’ means the Department of Transportation. ( 3 ) R A IL R O A D .—The term ‘‘railroad’’ has the meaning given that term by section 2 01 02 of title 49 , U nited S tates C ode. (4) RAILROAD C ARRIER.—The term ‘‘railroad carrier’’ has the meaning given that term by section 20102 of title 49, United States Code. ( 5 ) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of Transportation. ( 6 ) STATE.—The term ‘‘State’’ means a State of the United States, the District of Columbia, or the Commonwealth of P uerto Rico. (b) I N TITLE 49.—Section 20102 is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively
(2) by inserting before paragraph (2), as redesignated, the following
‘‘(1) ‘Class I railroad’, ‘Class II railroad’, and ‘Class III railroad’ mean railroad carriers that have annual carrier oper- ating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation B oard under sec- tion 1201.1-1 of title 49, Code of F ederal Regulations.’’; and (3) by adding at the end thereof the following: ‘‘(4) ‘safety-related railroad employee’ means— ‘‘( A ) a railroad employee who is sub j ect to chapter 211; ‘‘(B) another operating railroad employee who is not subject to chapter 211; ‘‘(C) an employee who maintains the right of way of a railroad; ‘‘(D) an employee of a railroad carrier who is a ha z mat employee as defined in section 5102(3) of this title; ‘‘( E ) an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and ‘‘(F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Sec- retary.’’. SEC.3 . AUTHORIZ ATIO N O F A P PROPRIATIONS. Section 2011 7 (a) of title 49, United States Code, is amended to read as follows: ‘‘(a) IN G ENERAL.—(1) There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or author- ized by the Secretary— ‘‘(A) $ 225,000,000 for fiscal year 2009; ‘‘(B) $245,000,000 for fiscal year 2010; ‘‘(C) $266,000,000 for fiscal year 2011; ‘‘(D) $2 8 9,000,000 for fiscal year 2012; and ‘‘(E) $293,000,000 for fiscal year 2013. ‘‘(2) W ith amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint M easurement System 49USC201 02 .
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