Page:United States Statutes at Large Volume 108 Part 2.djvu/154

 108 STAT. 870 PUBLIC LAW 103-272—JULY 5, 1994 of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur. (c) VENUE.— ^A civil action under this section may be brought in the judicial district in which che violation occurred or the defendant has its principal executive office. However, a State authority may not bring an action under this section outside the State. §20114. Judicial procedures (a) CRIMINAL CONTEMPT.— In a trial for criminal contempt for violating an injunction or restraining order issued under this chapter, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (ISApp.U.S.C). (b) SuBPENAS FOR WITNESSES. — A subpena for a witness required to attend a district court of the United States in an action brought under this chapter may be served in any judicial district. (c) REVIEW OF AGENCY ACTION.—Except as provided in section 20104(c) of this title, a proceeding to review a final action of the Secretary of Transportation under this part or, as applicable to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28. Regulations. §20115. User fees (a) SCHEDULE OF FEES. —The Secretary of Transportation shall prescribe by regulation a schedule of fees for railroad carriers subject to this chapter. The fees— (1) shall cover the costs of carrying out this chapter (except section 20108(a)); (2) shall be imposed fairly on the railroad carriers, in reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles, or other relevant factors; and (3) may not be based on that part of industry revenues attributable to a railroad carrier or class of railroad carriers. (b) COLLECTION PROCEDURES.— The Secretary shall prescribe procedures to collect the fees. The Secretary may use the services of a department, agency, or instrumentality of the United States Government or of a State or local authority to collect the fees, and may reimburse the department, agency, or instrumentality a reasonable amount for its services. (c) COLLECTION, DEPOSIT, AND USE,— (1) The Secretary shall impose and collect fees under this section for each fiscal year before the end of the fiscal year. (2) Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out this chapter.

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