12 2 STA T .4870PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 2008 monthsaf t er ane wc ross i n gb ecomes o p erationa l, whiche v er occ u rs later, each railroa d carrier shall —‘ ‘ (1) report to the S ecretar y of T ransportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each pre - viously unreported crossing through which it operates or with respect to the trac k age over which it operates
or ‘‘( 2 ) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing . ‘‘(b) UPDATINGOFCR O S SING I NFOR M ATION.— ‘‘(1) O n a periodic basis beginning not later than 2 years after the date of enactment of the R ail Safety Improvement A ctof2 0 0 8 and on or before September 3 0 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall— ‘‘(A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates or with respect to the trackage over which it operates; or ‘‘( B ) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. ‘‘(2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing. ‘‘(c) R ULE MA K ING AUT H ORIT Y .—The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the D epartment of Transportation ’ s statement of the national highway-rail crossing inventory policy, procedures, and instruction 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that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section. ‘‘(d) DEFINITIONS.—In this section
‘‘(1) CROSSING.—The term ‘crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where— ‘‘(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or ‘‘(B) a pathway e x plicitly authori z ed by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, 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. Regulations.D ea d lines.
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