Page:United States Statutes at Large Volume 108 Part 2.djvu/115

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 831 (5) a summary of action of the Secretary to correct or eliminate the unsafe condition to which the deaths and injuries referred to in clauses (3) and (4) of this subsection were attributed; (6) a summary of actions of the Secretary to alert mass transportation operators of the nature of the unsafe condition found to create a serious hazard of death or injury; and (7) recommendations of the Secretary to Congress of any legislative or administrative actions necessary to ensure that all recipients of amounts under this chapter will undertake the best way available to correct or eliminate hazards of death or injury, including— (A) a timetable for undertaking actions; (B) an estimate of the capital and operating cost to take the actions; and (C) minimum standards for establishing and carrying out safety plans by recipients of amounts under this chapter. §5330. Withholding amounts for noncompliance with safety requirements (a) APPLICATION.— Th is section applies only to States that have rail fixed guideway mass transportation systems not subject to regulation by the Federal Railroad Administration. (b) GENERAL AUTHORITY.— The Secretary of Transportation may withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title for a fiscal year beginning after September 30, 1994, if the State in the prior fiscal year has not met the requirements of subsection (c) of this section and the Secretary decides the State is not making an adequate effort to comply with subsection (c). (c) STATE REQUIREMENTS. —^A State meets the requirements of this section if the State— (1) establishes and is carrying out a safety program plan for each fixed guideway mass transportation system in the State that establishes at least safety requirements, lines of authority, levels of responsibility and accountability, and methods of documentation for the system; and (2) designates a State authority as having responsibility— (A) to require, review, approve, and monitor the carry- ing out of each plan; (B) to investigate hazardous conditions and accidents on the systems; and (C) to require corrective action to correct or eliminate those conditions. (d) MULTISTATE INVOLVEMENT.— When more than one State is subject to this section in connection with a single mass transportation authority, the affected States may designate an entity (except the mass transportation authority) to ensure uniform safety standards and enforcement and to meet the requirements of subsection (c) of this section. (e) AVAILABILITY OF WITHHELD AMOUNTS.— (1) An amount withheld under subsection (b) of this section remains available for apportionment for use in the State until the end of the 2d fiscal year after the fiscal year for which the amount may be appropriated.

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