Page:United States Statutes at Large Volume 106 Part 2.djvu/93

 PUBLIC LAW 102-365—SEPT. 3, 1992 106 STAT. 973 submit to the Secretary an explanation of the reasons for any delay, (c) SCHEDULE FOR REGULATIONS.— The Secretary shall— (1) within 9 months after the date of enactment of this Act, issue a notice of proposed rulemaking for regulations to implement this section; and (2) within 2 years after the date of enactment of this Act, issue final regulations to implement this section. SEC. 4. ENFORCEMENT. (a) MINIMUM AND MAXIMUM PENALTIES. —(1) Section 209(b) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(b)), section 6 of the Act of March 2, 1893, and section 4 of the Act of April 14, 1910 (45 U.S.C. 6 and 13; commonly referred to as the "Safety Appliance Acts"), section 7 of the Act of May 6, 1910 (45 U.S.C. 43; commonly referred to as the "Accident Reports Act"), section 25(h) of the Interstate Commerce Act (49 U.S.C. App. 26; commonly referred to as the "Signal Inspection Act"), and section 9 of the Act of February 17, 1911 (45 U.S.C. 34; commonly referred to as the "Locomotive Inspection Act") are each amended by striking "$250" and inserting in lieu thereof "$500". (2) Section 5(a)(l) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(l); commonly referred to as the "Hours of Service Act") is amended by striking "penalty of up to $1,000 per violation, as the Secretary of Transportation deems reasonable," and inserting in lieu thereof "civil penalty, as the Secretary of Transportation deems reasonable, in an amount not less than $500 nor more than $10,000, except that where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penedty of not to exceed $20,000 may be assessed, and". (3) Section 2 of the Act of May 6, 1910 (45 U.S.C. 39; commonly referred to as the "Accident Reports Act") is amended by striking "one hundred dollars" and inserting in lieu thereof "$500". (4) Section 3711(c)(2) of title 31, United States Code, is amended by striking "$250" and inserting in Heu thereof "$500". (b) REGIONAL ENFORCEMENT PILOT PROJECT. —(1) The Secretary 45 USC 437 note. shall establish a pilot project in more than one region of the Feder^ Railroad Administration to demonstrate the benefits that may accrue to the Federal railroad safety program from assigning an attorney, who is a Federal employee within the Department of Transportation, to regional offices of the Federal Railroad Administration to perform initial case review, assess penalties, settle cases, and provide legal advice to Federal Railroad Administration regional personnel on enforcement and other issues, as compared to performing such functions at the headquarters level. (2) The pilot program shall be completed within 18 months after the date of enactment of this Act. (3) Within 2 years after the date of enactment of this Act, the Reports. Secretary shall submit a report to the Congress describing the results of the pilot program. Factors to be considered in the report shall include— (A) the speed, volume, and effectiveness of civil penalty actions; (B) the efficiency of the delivery of legal advice on safety issues;

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