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of law repealed by this section, in which the orders, determinations, rules, regulations, standards, requirements, permits and privileges of such law continue in effect as if they had been effectively issued under section 3 of this Act, shall be punished in accordance with the provisions of this Act." Amendment #48
On page 13, between lines 19 and 20, add the following:
“Sec. 16(a) In the exercise of the authority granted by this Act with respect to the adoption of rules, standards, and regulations, the issuance of orders, permits and privileges, the amount of any penalties to be agreed upon in compromise, or the granting of exemptions, the Secretary shall, except as otherwise provided, give all affected persons, employees, and any designated representatives, as defined in this Act, reasonable notice and opportunity for an agency hearing to present testimony and appear in person or by counsel.
"(b) If where a hearing is requested the Secretary shall find that it is in the public interest, he may prescribe an informal rather than a formal hearing procedure. Such proceeding may include written or oral presentations and the presiding officer in his discretion may permit rebuttal evidence and cross examination in person or by counsel.
"(c) The Secretary may, where proffered testimony is cumulative, limit the number of witnesses in any hearing under subsections (a) or (b) of this Section.
"(d) Upon finding that immediate action is necessary for the safety of employees and the public, the Secretary may take the required action without the notice or other procedures required by subsection (a) or (b) of this section. Such action shall be subject to immediate judicial review. Nothing herein shall be construed to preclude actions for injunctive relief in appropriate cases.
“(e) Without delay, after the conclusion of the hearing under subsection (a) or (b) of this section, the presiding officer shall issue his decision which the Department shall serve upon the parties.
“APPEAL “Sec. 17(a) Any person, employee, or designated representative, as defined in this Act, who was a party to, or intervened in, any hearing conducted under Sec. 16 may appeal the decision of the presiding officer by serving upon the Secretary and the other parties, within thirty days after being served with the decision, written exceptions and the reasons in support thereof which shall state specifically and concisely the manner in which (1) prejudicial error was committed in the conduct of the proceedings; (2) the findings or conclusions of material fact were contrary to the weight of the evidence; (3) the conclusions of law were erroneous; (4) the decision was contrary to law or to the duly promulgated rules or decisions of the agency; or (5) there was a novel question of policy involved. Except for good cause shown, no exceptions by any party shall rely on any fact or point of law upon which the presiding officer had not been afforded an opportunity to pass. The appeal shall be limited to the questions raised by the exceptions and there shall be no other questions considered on appeal except that, upon reasonable notice to all parties and with opportunity for oral or written argument thereon, the Secretary may raise and determine on such appeal any other questions of fact or law it deems material. The record for appeal shall include all matters constituting the record upon which the decision of the presiding officer was based unless limited by rule or order to material relevant to the questions raised by the exceptions and any other questions raised by the agency, and shall include any evidence taken on appeal.
"(b) Except where the Secretary merely affirms the decision of the presiding officer, there shall be a ruling upon each exception; the record shall show the ruling and the reason therefor; and the decision of the presiding officer shall be affirmed, set aside or modified to conform with such rulings.
"(c) The decision on appeal shall be the final action of the agency except where the decision is remanded.
"INTERVENTION "Sec. 19. Any State, rail carrier, or any designated representative, as defined in this Act, shall have the unconditioned right upon application to intervene in all agency proceedings to present testimony and appear in person or by counsel.
"JUDICIAL REVIEW "Sec. 20, (a) Any person, employee, or designated representative, as defined in this Act, who was a party to, or intervened in, any hearing conducted under section 16 at any time prior to the thirtieth day after the final decision file a petition for judicial review with the United States Court of Appeals for the District of Columbia Circuit or the circuit wherein such petitioner is located or has his principal place of business. A copy of the petition shall be forthwith transmitted by the Clerk of the court to the secretary or other officer designated by him for that purpose.
"(b) Upon the filing of the petition referred to in subsection (a), the Court shall have jurisdiction to review the agency action in accordance with Chapter 7 of Title 5 of the United States Code and to grant appropriate relief as provided in such chapter.
"(c) The judgment of the Court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in Section 1254 of Title 28 of the United States Code. .
"(d) Any action instituted under this section shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.
"PUBLICATION OF COMPROMISE "Sec. 21. Without affecting any other publication provided by law, notice of compromises reached under section 6(b) shall be published in the Federal Register, which notice shall, at least, include the amount agreed upon in compromise and the number of violations compromised describing with particularity each specific violation.
"EFFECT ON OTHER LAWS "Sec. 22. To the extent that the foregoing provisions of this Act are in conflict with the provisions of any other Federal law, such provisions of this Act shall be construed and applied to supersede and modify the provisions of such law." Amendment #43
On page 13, line 21, strike “14” and insert in lieu thereof “23”. Amendment #44
On page 14, line 2, strike “15” and insert in lieu thereof "24".
COMPILATION OF FEDERAL RAILROAD SAFETY ACTS ADMINISTERED
8 831. Definitions.
As used in this chapter
Unless otherwise indicated, "carrier" means any person engaged in the transportation of passengers or property, by land, other than pipelines, as a common contract, or private carrier, or freight forwarder as those terms are used in the Interstate Commerce Act, as amended, and officers, agents, and employees of such carriers.
"Person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
"For-hire carrier' includes common and contract carriers.
"Shipper" shall be construed to include officers, agents, and employees of shippers.
"Interstate and foreign commerce" means commerce between a point in one State and a point in another State, between points in the same State through another State or through a foreign country, between points in a foreign country or countries through the United States, and commerce between a point in the United States and a point in a foreign country or in a Territory or possession of the United States, but only insofar as such commerce takes place in the United States. The term “United States” means all the States and the District of Columbia.
“State" includes the District of Columbia.
“Detonating fuzes” means fuzes used in military service to detonate the explosive charges of military projectiles, mines, bombs, or torpedoes.
"Fuzes” means devices used in igniting the explosive charges of projectiles.
"Fuses” means the slow-burning fuses used commercially to convey fire to an explosive combustible mass.
“Fusees" means the fusées ordinarily used on steamboats, railroads, and motor carriers as night signals.
“Radioactive materials" means any materials or combination of materials that spontaneously emit ionizing radiation.
“Etiologic agents” means the causative agent of such diseases as may from time to time be listed in regulations governing etiologic agents prescribed by the Interstate Commerce Commission under section 834 of this chapter. (As amended Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 808.) $ 832. Transportation of explosives, radioactive materials, etiologic agents, and
other dangerous articles. (a) Any person who knowingly transports, carries, or conveys within the United States, any dangerous explosives, such as, and including, dynamite, blasting caps, detonating fuzes, black powder, gunpowder, or other like explosives, or any radioactive materials, or etiologic agents, on or in any passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier engaged in interstate or foreign commerce, by land, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the death or bodily injury of any person results from a violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both: Provided, however, That such explosives, radioactive materials, or etiologic agents may be transported on or in such car or vehicle whenever the Interstate Commerce Commission finds that an emergency requires an expedited movement, in which case such emergency movements shall be made subject to such regulations as the Commission may deem necessary or desirable in the public interest in each instance: Provided further, That under this section it shall be lawful to transport on or in any such car or vehicle, small quantities of explosives, radioactive materials, etiologic agents, or other dangerous commodities of the kinds, in such amounts, and under such conditions as may be determined by the Interstate Commerce Commission to involve no appreciable danger to persons or property: And provided further, That it shall be lawful to transport on or in any such car or vehicle such fusees, torpedoes, rockets, or other signal devices as may be essential to promote safety in the operation of any such car or vehicle on or in which transported. This section shall not prevent the transportation of military forces with their accompanying munitions of war on passenger-equipment cars or vehicles.
(b) No person shall knowingly transport, carry or convey within the United States liquid nitroglycerin, fulminate in bulk in dry condition, or other similarly dangerous explosives, or radioactive materials, or etiologic agents, on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce, by land, except under such rules and regulations as the Commission shall specifically prescribe with respect to the safe transportation of such commodities. The Commission shall from time to time determine and prescribe what explosives are "other similarly dangerous explosives”, and may prescribe the route or routes over which such explosives, radioactive materials, or etiologic agents shall be transported. Any person who violates this provision, or any regulation prescribed hereunder by the Interstate Commerce Commission, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the death or bodily injury of any person results from a violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.
(c) Any shipment of radioactive materials made by or under the direction or supervision of the Atomic Energy Commission or the Department of Defense which is escorted by personnel specially designated by or under the authority of the Atomic Energy Commission or the Department of Defense, as the case may be, for the purpose of national security, shall be exempt from the requirements of sections 831-835 of this chapter and the rules and regulations prescribed thereunder. In the case of any shipment of radioactive materials made by or under the direction or supervision of the Atomic Energy Commission or the Department of Defense, which is not so escorted by specially designated personnel, certification upon the bill of lading by or under the authority of the Atomic Energy Commission or the Department of Defense, as the case may be, that the shipment
contains radioactive materials shall be conclusive as to content, and no further description shall be necessary or required; but each package, receptacle, or other container in such unescorted shipment shall on the outside thereof be plainly marked "radioactive materials", and shall not be opened for inspection by the carrier. (As amended Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 809.) $ 833. Marking packages containing explosives and other dangerous articles.
Any person who knowingly delivers to any carrier engaged in interstate or foreign commerce by land or water, and any person who knowingly carries on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce, by land, any explosive, or other dangerous article, specified in or designated by the Interstate Commerce Commission pursuant to section 834 of this chapter, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or any person who so delivers any such article without informing such carrier in writing of the true character thereof, at the time such delivery is made, or without plainly marking on the outside of every package containing explosives or other dangerous articles the contents thereof, if such marking is required by regulations prescribed by the Interstate Commerce Commission, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and, if the death or bodily injury of any person results from the violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (As amended Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 810.) $ 834. Regulations by Interstate Commerce Commission.
(a) The Interstate Commerce Commission shall formulate regulations for the safe transportation within the United States of explosives and other dangerous articles, including radioactive materials, etiologic agents, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gases, and poisonous substances, which shall be binding upon all carriers engaged in interstate or foreign commerce which transport explosives or other dangerous articles by land, and upon all shippers making shipments of explosives or other dangerous articles via any carrier engaged in interstate or foreign commerce by land or water.
(b) The Commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Before adopting any regulations relating to radioactive materials the Interstate Commerce Commission shall advise and consult with the Atomic Energy Commission.
(c) Such regulations shall be in accord with the best-known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport.
(d) Such regulations, as well as all changes or modifications thereof, shall, unless a shorter time is specified by the Commission, take effect ninety days after their formulation and publication by the Commission and shall be in effect until reversed, set aside, or modified.
(e) In the execution of sections 831-835, inclusive, of this chapter the Commission may utilize the services of carrier and shipper associations, including the Bureau for the Safe Transportation of Explosives and other Dangerous Articles, and may avail itself of the advice and assistance of any department, commission, or board of the Federal Government, and of State and local governments, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law.
(1) Whoever knowingly violates any such regulation shall be fined not more than $1,000 or imprisoned not more than one year, or both; and, if the death or bodily injury of any person results from such violation, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (As amended Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 810.) $ 835. Administration.
(a) The Interstate Commerce Commission is authorized and directed to administer, execute, and enforce all provisions of sections 831-835, inclusive, of this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure for such administration, and to employ such officers and employees as may be necessary to carry out these functions.
(b) The Commission is authorized to make such studies and conduct such investigations, obtain such information, and hold such hearings as it may deem necessary or proper to assist it in exercising any authority provided in sections
831-835, inclusive, of this chapter. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. No person shall be excused from complying with any requirement under this paragraph because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893 (49 U.S.C. 46), shall apply with respect to any individual who specifically claims such privilege Provided, however, That before any person may be required to appear and testify or produce documentary evidence, he shall be advised by the Commission that he must specifically claim such privilege. Witnesses subpenaed under this subection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States.
(c) In administering and enforcing the provisions of sections 831-835, inclusive, of this chapter and the regulations prescribed thereunder the Commission shall have and exercise all the powers conferred upon it by the Interstate Commerce Act, including procedural and investigative powers and the power to examine and inspect records and properties of carriers engaged in transporting explosives and other dangerous articles in interstate or foreign commerce and the records and properties of shippers to the extent that such records and properties pertain to the packing and shipping of explosives and other dangerous articles and the nature of such commodities. (As amended Sept. 6, 1960, Pub. L. 86–710, 74 Stat. 811.)
SAFETY APPLIANCE ACTS (45 U.S.C. 1-16) $ 1. Driving-wheel brakes and appliances for operating train-brake system.
It shall be unlawful for any common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power driving-wheel brake and appliances for operating the train-brake system, or to run any train in such traffic that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose. (Mar. 2, 1983, ch, 196, § 1, 27 Stat. 531.) § 2. Automatic couplers.
It shall be unlawful for any common carrier engaged in interstate commerce by railroad to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars. (Mar. 2, 1893, ch. 196, § 2, 27 Stat. 531.) 8 3. Refusal of insufficiently equipped cars from connecting lines.
When any person, firm, company, or corporation engaged in interstate commerce by railroad shall have equipped a sufficient number of its cars so as to comply with the provisions of section 1 of this title, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently. In accordance with said section, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by sections 1-7 of this title. (Mar. 2, 1893, ch. 196, § 3, 27 Stat. 531.) $ 4. Grab irons or handholds for security in coupling and uncoupling cars.
Until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars. (Mar. 2, 1893, ch. 196, § 4, 27 Stat. 531.) § 5. Standard height of drawbars for freight cars; noncomplying cars excluded
from traffic. No freight cars, either loaded or unloaded, shall be used in interstate traffic which do not comply with the prescribed standard as to height of drawbars, (Mar. 2, 1893, ch. 196, § 5, 27 Stat. 531.) $ 6. Failure to equip cars as provided; duty of United States attorneys and Inter
state Commerce Commission; exceptions from operation of provisions. Any common carrier engaged in interstate commerce by railroad using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of sections 147 of this