12 2 STA T .4859PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 insub s ect i o n (a) t h at ha v ea p ub l ic bene f itofi m p r ove d safet y and net w or k efficiency .‘ ‘( 2 ) CONSIDERAT IONS. —P riority shall be g iven to pro j ects that— ‘‘( A ) focus on making technologies interoperable between railroad systems , such as train control tech - nologies
‘‘( B ) accelerate train control technology deployment on high-risk corridors, such as those that have high volumes of ha z ardous materials shipments or over which commuter or passenger trains operate; or ‘‘(C) benefit both passenger and freight safety and effi- ciency. ‘‘( 3 ) IMPL EMENTATION PLANS.— G rants may not be awarded under this section to entities that fail to develop and submit to the S ecretary the plans re q uired by sections 2 0156 (e)(2) and 2015 7 . ‘‘( 4 ) M AT CH IN G RE QU IREMENTS.— F ederal funds for any eligible project under this section shall not e x ceed 8 0 percent of the total cost of such project. ‘‘(c) AUTHORI Z ATION O F APPROPRIATIONS.— T here are authorized to be appropriated to the Secretary of Transportation $ 50,000,000 for each of fiscal years 200 9 through 2013 to carry out this section. Amounts appropriated pursuant to this section shall remain avail- able until expended. ’ ’. (b) CONFORMING AMENDMENT.—The chapter analysis for chapter 201, as amended by section 104 of this division, is further amended by inserting after the item relating to section 20157 the following
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‘ 20158.Railro a ds a fety te chn olo g y grants. ’ ’. SEC.106 . R E PO R T SO N ST A T U TOR YM AN D ATES AND RECOMMENDA - T I ONS. N ot later than D ecember 31, 2008, and annually thereafter, the Secretary shall transmit a report to the H ouse of R epresenta- tives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation on the specific actions taken to implement unmet statutory mandates regarding railroad safety and each open railroad safety rec- ommendation made by the National Transportation Safety Board or the Department’s Inspector General. SEC. 10 7 .RU L EMA K IN G PROCESS. (a) AMENDMENT.—Subchapter I of chapter 201 is amended by inserting after section 20115 the following new section: ‘ ‘ §201 1 6.Rulemakingproc e s s ‘‘No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order, or the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.’’. 49USC201 01 note.
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