§ 5330. — Withholding amounts for noncompliance with safety requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5330]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5330. Withholding amounts for noncompliance with safety
requirements
(a) Application.--This section applies only to States that have rail
fixed guideway mass transportation systems not subject to regulation by
the Federal Railroad Administration.
(b) General Authority.--The Secretary of Transportation may withhold
not more than 5 percent of the amount required to be appropriated for
use in a State or urbanized area in the State under section 5307 of this
title for a fiscal year beginning after September 30, 1994, if the State
in the prior fiscal year has not met the requirements of subsection (c)
of this section and the Secretary decides the State is not making an
adequate effort to comply with subsection (c).
(c) State Requirements.--A State meets the requirements of this
section if the State--
(1) establishes and is carrying out a safety program plan for
each fixed guideway mass transportation system in the State that
establishes at least safety requirements, lines of authority, levels
of responsibility and accountability, and methods of documentation
for the system; and
(2) designates a State authority as having responsibility--
(A) to require, review, approve, and monitor the carrying
out of each plan;
(B) to investigate hazardous conditions and accidents on the
systems; and
(C) to require corrective action to correct or eliminate
those conditions.
(d) Multistate Involvement.--When more than one State is subject to
this section in connection with a single mass transportation authority,
the affected States may designate an entity (except the mass
transportation authority) to ensure uniform safety standards and
enforcement and to meet the requirements of subsection (c) of this
section.
(e) Availability of Withheld Amounts.--(1) An amount withheld under
subsection (b) of this section remains available for apportionment for
use in the State until the end of the 2d fiscal year after the fiscal
year for which the amount may be appropriated.
(2) If a State meets the requirements of subsection (c) of this
section before the last day of the period for which an amount withheld
under subsection (b) of this section remains available under paragraph
(1) of this subsection, the Secretary, on the first day on which the
State meets the requirements, shall apportion to the State the amount
withheld that remains available for apportionment for use in the State.
An amount apportioned under this paragraph remains available until the
end of the 3d fiscal year after the fiscal year in which the amount is
apportioned. An amount not obligated at the end of the 3-year period
shall be apportioned for use in other States under section 5336 of this
title.
(3) If a State does not meet the requirements of subsection (c) of
this section at the end of the period for which an amount withheld under
subsection (b) of this section remains available under paragraph (1) of
this subsection, the amount shall be apportioned for use in other States
under section 5336 of this title.
(f) Regulations.--Not later than December 18, 1992, the Secretary
shall prescribe regulations stating the requirements for complying with
subsection (c) of this section.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 831.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5330(a)............................... 49 App.:1624(d). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 28; added Dec. 18, 1991,
Pub. L. 102-240, Sec. 3029, 105 Stat.
2116.
5330(b)............................... 49 App.:1624(a).
5330(c)............................... 49 App.:1624(b)(1), (2).
5330(d)............................... 49 App.:1624(b)(3).
5330(e)............................... 49 App.:1624(c).
5330(f)............................... 49 App.:1624(e).
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In subsection (e)(1), the words ``under subsection (a) of this
section from apportionment for use in any State in a fiscal year'' are
omitted as surplus.
In subsection (e)(2) and (3), the words ``from apportionment'' and
``for apportionment for use in a State'' are omitted as surplus.
