Page:United States Statutes at Large Volume 84 Part 1.djvu/1033

 84 STAT. ]

PUBLIC LAW 91-458-OCT. 16, 1970

975

of prompt attention), and delegating to any public bodies or qualified persons, functions respecting examination, inspecting, and testing of railroad facilities, equipment, rolling stock, operations, or persons, as he deems necessary to carry out the provisions of this title. (b) The National Transportation Safety Board shall have the au- National Transthority to deterraine the cause or probable cause and report the facts, portation Safety Board, investigaconditions and circumstances relating to accidents investigated under tive authority. subsection (a) of this section, but may delegate such authority to any oifice or oflGlcial of the Board or to any office or official of the Department of Transportation with the approval of the Secretary, as it may determine appropriate. Rail equipment, (c) To carry out the Secretary's and the Board's responsibilities etc., inspection. under this title, officers, employees, or agents of the Secretary or the Beard, as the case may be, are authorized to enter upon, inspect, and examine rail facilities, equipment, rolling stock, operations, and pertinent records at reasonable times and in a reasonable manner. Such officers, employees, or agents shall display proper credentials when requested. (d) All orders, rules, regulations, standards, and requirements in force, or prescribed or issued by the Secretary under this title, or by any State agency which is participating in investigative and surveillance activities pursuant to section 206 of this title, shall have the same force and effect as a statute for purposes of the application of sections 3 and 4 of the Act of April 22, 1908 (45 U.S.C. 53 and 54), 35 Stat. 66; relating to the liability of common carriers by railroad for injuries 53 Stat. 1404. to their employees. SEC. 209. PENALTIES.

(a) It shall be unlawful for any railroad to disobey, disregard, or fail to adhere to any rule, regulation, order, or standard prescribed by the Secretary under this title. (b) The Secretary shall include in, or make applicable to, any railroad safety rule, regulation, order, or standard issued under this title a civil penalty for violation thereof in such amount, not less than $250 nor more than $2,500, as he deems reasonable. (c) Any railroad violating any rule, reflation, order, or standard referred to in subsection (b) of this section shall be assessed by the Secretary the civil penalty applicable to the standard violated. Each day of such violation shall constitute a separate offense. Such civil penalty is to be recovered in a suit or syits to be brought by the Attorney General on behalf of the United States in the district court of the United States having -jurisdiction in the locality where such violation occurred. Civil penalties may, however, be compromised by the Secretary for any amount, but in no event for an amount less than the minimum provided in subsection (b) of this section, prior to referral to the Attorney General. The amount of any such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. All penalties collected under this title, including penalties collected pursuant to section 207 of this title, shall be covered into the Treasury as miscellaneous receipts. (d) In any action brought under this title, subpenas for witnesses who are required to attend a United States district court may run into any other district. SEC. 210. INJUNCTIVE RELIEF.

(a) The United States district court shall, at the request of the Secre- U.S. district tary and upon petition by the Attorney General on behalf of ^^o dic'tfo'n^'"^^' United States, or upon application by a State agency pursuant to sec-

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