Page:United States Statutes at Large Volume 122.djvu/4902

 12 2 STA T .4879PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ‘ ‘ (F)thenumb e rofad m i ni s trati v e hearin g sre q uested and c om pl eted related to ha z ardous materials transpor - tation la w violations or enforcement actions against individ- uals ‘‘( G ) the number of cases referred to the A ttorne y Gen- eral for civil or criminal prosecution; ‘‘( H ) the number and sub j ect matter of all compliance orders , emergency orders, or precursor agreements; ‘‘( 3 ) analyzes the effect of the number of inspections con- ducted and enforcement actions ta k en on the number and rate of reported accidents and incidents and railroad safety; ‘‘( 4 ) provide the information required by paragraphs ( 2 ) and (3) — ‘‘(A) for each C lass I railroad individually; and ‘‘( B ) in the aggregate for— ‘‘(i) Class II railroads; ‘‘(ii) Class III railroads; ‘‘(iii) hazardous materials shippers; and ‘‘(iv) individuals; ‘‘( 5 ) identifies the number of locomotive engineer certifi- cation denial or revocation cases appealed to and the average length of time it took to be decided by— ‘‘(A) the L ocomotive E ngineer R eview Board; ‘‘(B) an Administrative Hearing O fficer or Administra- tive Law J udge; or ‘‘(C) the Administrator of the Federal Railroad Administration; ‘‘( 6 ) provides an e x planation regarding any changes in the S ecretary ’ s or the Federal Railroad Administration’s enforce- ment programs or policies that may substantially affect the information reported; and ‘‘( 7 ) includes any additional information that the Secretary determines is useful to improve the transparency of its enforce- ment program . ’’. (b) C ONF O RMI N G AM E N D MEN T .— T he chapter analysis for chapter 2 01, as amended by section 10 9 of this division, is amended by inserting after the item relating to section 20119 the following

‘ 201 20 .Enforcem en t re p ort. ’ ’. SEC.304 .E XPAN S IO NO F E M E RG ENC Y OR D ERA UTH ORITY. Section 20104(a)(1) is amended by striking ‘‘death or personal injury’’ and inserting ‘‘death, personal injury, or significant harm to the environment’’. SEC. 30 5 . PROHI B ITION OF INDI V IDUA L S FROM PERFORMING SAFETY - SENSITIVE FUNCTIONS FOR A VIOLATION OF HA Z ARDOUS MATERIALS TRANSPORTATION LA W. Section 20111(c) is amended to read as follows: ‘‘(c) ORDER SP RO H I B ITING INDI V ID UAL S FROM PERFORMING SAFET Y -SENSITIVE FUN C TIONS.— ‘‘(1) If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive Notice.49USC201 04.

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