49 USC 20118
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 49 USC 20118 | status: Basic | banner: CUI.
- DoD authority row: 49 USC 20118. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 49 USC 20118 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 482 TITLE 49—TRANSPORTATION § 20118
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program, if the record is: (1) Supplied to the Secretary (of Transportation) pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
- DoD category scope used with this authority: Related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program, if the record is: (1) Supplied to the Secretary (of Transportation) pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
- 49 USC 20118 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program, if the record is: (1) Supplied to the Secretary (of Transportation) pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
- Extracted authority condition: Prohibition on public disclosure of rail- road safety analysis records (a) I NGENERAL.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the miti- gation measures it has identified with which to address those risks) that the Secretary has ob- tained pursuant to a provision of, or regulation or order under, this chapter related to the estab- lishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of sec- tion 552 of title 5 if the record is— (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copy- ing by an officer, employee, or agent of the Secretary pursuant to that safety risk reduc- tion program or pilot program.
- Extracted authority condition: Study on use of certain reports and sur- veys (a) S TUDY.—The Federal Railroad Administra- tion shall complete a study to evaluate whether it is in the public interest, including public safe- ty and the legal rights of persons injured in rail- road accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, plan- ning, or implementing a railroad safety risk re- duction program required under this chapter, in- cluding a railroad carrier’s analysis of its safety risks and its statement of the mitigation meas- ures with which it will address those risks.
- Extracted authority condition: (d) M INIMUMAVAILABLE FORCERTAINPUR- POSES.—At least 50 percent of the amounts ap- propriated to the Secretary for a fiscal year to carry out railroad research and development programs under this chapter or another law shall be available for safety research, improved track inspection and information acquisition technology, improved railroad freight transpor- tation, and improved railroad passenger sys- tems.
- Extracted authority condition: (c) D ISCRETIONARYPROHIBITION OFDISCLO- SURE.—The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is nec- essary to promote railroad safety.
- Extracted authority condition: (b) E XCEPTION.—Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion,
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 49 USC 20118 | status: Basic | banner: CUI
- Nara banner markings: CUI
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Prohibition on public disclosure of rail- road safety analysis records (a) I NGENERAL.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the miti- gation measures it has identified with which to address those risks) that the Secretary has ob- tained pursuant to a provision of, or regulation or order under, this chapter related to the estab- lishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of sec- tion 552 of title 5 if the record is— (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copy- ing by an officer, employee, or agent of the Secretary pursuant to that safety risk reduc- tion program or pilot program.
- Extracted authority control: Study on use of certain reports and sur- veys (a) S TUDY.—The Federal Railroad Administra- tion shall complete a study to evaluate whether it is in the public interest, including public safe- ty and the legal rights of persons injured in rail- road accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, plan- ning, or implementing a railroad safety risk re- duction program required under this chapter, in- cluding a railroad carrier’s analysis of its safety risks and its statement of the mitigation meas- ures with which it will address those risks.
- Extracted authority control: (c) D ISCRETIONARYPROHIBITION OFDISCLO- SURE.—The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is nec- essary to promote railroad safety.
- Extracted authority control: Probably should be ‘‘provides’’. the Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot pro- gram.
- Extracted authority control: (e) O PERATIONLIFESAVER.—In addition to amounts otherwise authorized by law, there are authorized to be appropriated for railroad re- search and development $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to support Operation Lifesaver, Inc.
- Extracted authority control: Enforcement report (a) 1 INGENERAL.—Beginning not later than December 31, 2009, the Secretary of Transpor- tation shall make available to the public and publish on its public Web site an annual report that— (1) provides a summary of railroad safety and hazardous materials compliance inspec- tions and audits that Federal or State inspec- tors conducted in the prior fiscal year orga- nized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incident reporting, and hazardous mate- rials; (2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fis- cal year, including— (A) the number of civil penalties assessed; (B) the initial amount of civil penalties as- sessed; (C) the number of civil penalty cases set- tled; (D) the final amount of civil penalties as- sessed; (E) the difference between the initial and final amounts of civil penalties assessed; (F) the number of administrative hearings requested and completed related to hazard- ous materials transportation law violations or enforcement actions against individuals; (G) the number of cases referred to the At- torney General for civil or criminal prosecu- tion; and (H) the number and subject matter of all compliance orders, emergency orders,...
Authority excerpts
Most relevant extracted authority passageProhibition on public disclosure of rail- road safety analysis records (a) I NGENERAL.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the miti- gation measures it has identified with which to address those risks) that the Secretary has ob- tained pursuant to a provision of, or regulation or order under, this chapter related to the estab- lishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of sec- tion 552 of title 5 if the record is— (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copy- ing by an officer, employee, or agent of the Secretary pursuant to that safety risk reduc- tion program or pilot program.
Extracted authority passage 2Study on use of certain reports and sur- veys (a) S TUDY.—The Federal Railroad Administra- tion shall complete a study to evaluate whether it is in the public interest, including public safe- ty and the legal rights of persons injured in rail- road accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, plan- ning, or implementing a railroad safety risk re- duction program required under this chapter, in- cluding a railroad carrier’s analysis of its safety risks and its statement of the mitigation meas- ures with which it will address those risks.
Extracted authority passage 3(c) D ISCRETIONARYPROHIBITION OFDISCLO- SURE.—The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is nec- essary to promote railroad safety.
Extracted authority passage 4Probably should be ‘‘provides’’. the Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot pro- gram.
Extracted authority passage 5(e) O PERATIONLIFESAVER.—In addition to amounts otherwise authorized by law, there are authorized to be appropriated for railroad re- search and development $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to support Operation Lifesaver, Inc.
Extracted authority passage 6(d) M INIMUMAVAILABLE FORCERTAINPUR- POSES.—At least 50 percent of the amounts ap- propriated to the Secretary for a fiscal year to carry out railroad research and development programs under this chapter or another law shall be available for safety research, improved track inspection and information acquisition technology, improved railroad freight transpor- tation, and improved railroad passenger sys- tems.