12 2 STA T .48 82 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 thispar t w ith ou t prior n oti ce an d co m ment i f the S ecretar y determines that —‘ ‘ (A) itisinthepu bl ic interest to g rant the wai v er
‘‘( B ) the waiver is not inconsistent with railroad safety; and ‘‘( C ) the waiver is necessary to address an actual or impending emergency situation or emergency event . ‘‘( 2 ) PERIOD O FWA I V ER.—A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. T he Secretary shall immediately revo k e the waiver if continuation of the waiver would not be consistent with the goals and ob j ec - tives of this part. ‘‘( 3 )S T ATE M E N TOFREA S ONS.—The Secretary shall state in the decision issued under this subsection the reasons for granting the waiver. ‘‘( 4 ) CONS UL TATION.— I n granting a waiver under this sub- section , the Secretary shall consult and coordinate with other F ederal agencies, as appropriate, for matters that may impact such agencies. ‘‘( 5 ) E MER G EN CY SITUATION; EMERGENCY EVENT.—In this subsection, the terms ‘emergency situation ’ and ‘emergency event’ mean a natural or manmade disaster, such as a hurri- cane, flood, earth q uake, mudslide, forest fire, snowstorm, ter- rorist act, biological outbreak, release of a dangerous radio- logical, chemical, e x plosive, or biological material, or a war- related activity, that poses a risk of death, serious illness, severe injury, or substantial property damage. The disaster may be local, regional, or national in scope.’’. SEC.309 .E NFOR CE M EN TBY T H E A TTORNEY G ENERA L . Section 20 1 12(a) is amended— (1) by inserting ‘‘this part, except for section 2010 9 of this title, or’’ in paragraph (1) after ‘‘enforce,’’; (2) by striking ‘‘21301’’ in paragraph (2) and inserting ‘‘21301, 21302, or 21303’’; (3) by striking ‘‘subpena’’ in paragraph (3) and inserting ‘‘subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition’’; and (4) by striking ‘‘chapter.’’ in paragraph (3) and inserting ‘‘part.’’. SEC. 3 1 0. CR I MINAL P ENALTIES. Section 21311(b) is amended to read as follows
‘‘(b) ACCIDENT AND INCIDENT R E P ORTS.—A railroad carrier not filing a report in violation of section 20901 of this title shall be fined not more than $ 2,500. A separate violation occurs for each day the violation continues.’’. 49USC201 12 .Notice .
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