U.S. Code
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Title 49
» Subtitle SUBTITLE V— RAIL PROGRAMS › Part PART A— SAFETY › Chapter CHAPTER 201— GENERAL › Subchapter SUBCHAPTER I— GENERAL
49 U.S.C. § 20111
Enforcement by the Secretary of Transportation
(a)Exclusive Authority.—The Secretary of Transportation has exclusive authority—(1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;(2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and(3) to recommend appropriate action be taken under section 20112(a) of this title.(b)Compliance Orders.—The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.(c)Orders Prohibiting Individuals From Performing Safety-Sensitive Functions.—(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 functions in the railroad industry for a specified period of time or until specified conditions are met.(2) This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.(d)Regulations Requiring Reporting of Remedial Actions.—(1) The Secretary shall prescribe regulations to require that a railroad carrier notified by the Secretary that imposition of a civil penalty will be recommended for a failure to comply with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report to the Secretary, not later than the 30th day after the end of the month in which the notification is received—(A) actions taken to remedy the failure; or(B) if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay.(2) The Secretary—(A) not later than June 3, 1993, shall issue a notice of a regulatory proceeding for proposed regulations to carry out this subsection; and(B) not later than September 3, 1994, shall prescribe final regulations to carry out this subsection.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 868; Pub. L. 103–440, title II, § 205, Nov. 2, 1994, 108 Stat. 4620; Pub. L. 110–432, div. A, title III, § 305, Oct. 16, 2008, 122 Stat. 4879.)Historical and Revision Notes |
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20111(a) | 45:435(a) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, § 206(a) (last sentence), 84 Stat. 973; Nov. 16, 1990, Pub. L. 101–615, § 28(a)(4), 104 Stat. 3276. |
20111(b) | 45:437(a) (2d sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(a) (2d sentence); added Jan. 3, 1975, Pub. L. 93–633, § 206, 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 8, 102 Stat. 628. |
| 45:437(d)(1) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(d)(1) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, § 6(b), 94 Stat. 1814. |
20111(c) | 45:438(f). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 209(f); added June 22, 1988, Pub. L. 100–342, § 3(a)(4), 102 Stat. 625. |
20111(d) | 45:437 (note). | Sept. 3, 1992, Pub. L. 102–365, § 3, 106 Stat. 972. |
In this section, the word “impose” is substituted for “assess” for consistency.
In subsection (b), the word “further” is omitted as surplus.
In subsection (d), the words “this part, chapter 51 or 57 of this title” are substituted for “the Federal railroad safety laws, as such term is defined in section 441(e) of this title” because 45:441(e) is not restated as a definition.
Editorial NotesAmendments2008—Subsec. (c). Pub. L. 110–432 amended subsec. (c) generally. Prior to amendment, text read as follows: “If an individual’s violation of this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or a regulation prescribed or order issued by the Secretary under this chapter is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after notice and opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met. This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.”
1994—Subsec. (c). Pub. L. 103–440 inserted “this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or” after “individual’s violation of”.
Notes of Decisions
MD Mall Assocs., LLC v. CSX Transp., Inc., 715 F.3d 479 (3rd Cir. 2013).
“” 49 U.S.C. § 20111 (a)(2). The scope of the work to be done to remedy the condition at the CSX roadbed, berm, and adjacent hillside is the concern of the Secretary.”
Sutherland v. Norfolk S. Ry. Co., 826 N.E.2d 1021 (Ill. App. Ct. 2005).
“§§ 21302 (a)(1), (a)(2) (2000)), which the FRA on behalf of the Secretary of Transportation has the exclusive authority to impose ( 49 U.S.C. § 20111 (a)(1) (2000)) and which the Attorney General has the exclusive authority to collect ( 49 U.”
Mastrocola v. Se. Pennsylvania Transp. Auth., 941 A.2d 81 (Pa. Commw. Ct. 2008).
“Under the FRSA, at 49 U.S.C. § 20111 , the Secretary has exclusive authority to impose civil penalties for violation of the railroad safety regulations; to request an injunction for violation of a safety regulation; and to request that the Attorney General bring a civil action…”
Jones v. BNSF Ry. Co., 306 F. Supp. 3d 1060 (C.D. Ill. 2017).
“Enforcement powers are given primarily to the Secretary of Transportation, but in some cases to the Attorney General or to the states, 49 U.S.C. §§ 20111 -13. Thus, like in POM Wonderful , the statutes' enforcement mechanisms are complementary and allowing FELA claims "takes…”
Jones v. Union Pac. R.R., 2000 Cal. Daily Op. Serv. 2804 (Cal. Ct. App. 2000).
“( 49 U.S.C. § 20111 .) FRSA and FRSAA preemption is even more disfavored than preemption generally.”
Sullivan v. BNSF Ry. Co., 447 F. Supp. 2d 1092 (D. Ariz. 2006).
“Defendants, in their Response, argue that 49 U.S.C. § 20111 , providing the Secretary of Transportation with exclusive authority to impose civil penalties for a violation of the regulations, demonstrates that there is displacement preemption.”
Lundeen v. Canadian Pac. R. Co., 532 F.3d 682 (8th Cir. 2008).
“49 U.S.C. §§ 20111 , 20112. Appellate review is contemplated by these enforcement provisions.”
Kalan Enter., LLC v. BNSF Ry. Co., 415 F. Supp. 2d 977 (D. Minnesota 2006).
“Preemption bars private causes of action for FRA violations. Congress gave the Secretary of Transportation “exclusive authority” to impose civil penalties and request injunctions for violations of the railroad safety regulations.”
Carpenter v. Mineta, 432 F.3d 1029 (9th Cir. 2005).
“In support of this position, Petitioner cites the FRA’s broad enforcement powers under 49 U.S.C. § 20111 and 49 C.F.R. § 240.11 to assess civil penalties, issue compliance and emergency orders, and impose injunctions.”
Donahue v. Union Pac. R.R. Co. (N.D. Cal. 2025).
“Enforcement of the 9 FRSA, coupled with the detailed prescriptions of its implementing regulations, is largely 10 committed to the Secretary of Transportation, see 49 U.S.C. § 20111 ; the ADA, on the 11 other hand, provides disabled employees with a private right of action…”
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