2012 US Code
Title 49 - Transportation
Subtitle V - RAIL PROGRAMS (§§ 20101 - 28505)
Part A - SAFETY (§§ 20101 - 21311)
Chapter 201 - GENERAL (§§ 20101 - 20167)
Subchapter I - GENERAL (§§ 20101 - 20120)
Section 20104 - Emergency authority
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART A - SAFETY CHAPTER 201 - GENERAL SUBCHAPTER I - GENERAL Sec. 20104 - Emergency authority |
Contains | section 20104 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 864; Pub. L. 110-432, div. A, title III, §304, Oct. 16, 2008, 122 Stat. 4879. |
Statutes at Large References | 84 Stat. 972 94 Stat. 1811 108 Stat. 864 122 Stat. 4879 |
Public Law References | Public Law 91-458, Public Law 96-423, Public Law 103-272, Public Law 110-432 |
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(a)
(2) The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary's discretion under this section to maintain the order in effect for as long as the emergency situation exists.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 864; Pub. L. 110–432, div. A, title III, §304, Oct. 16, 2008, 122 Stat. 4879.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20104(a) | 45:432(a), (d). | Oct. 16, 1970, Pub. L. 91–458, §203, 84 Stat. 972; restated Oct. 10, 1980, Pub. L. 96–423, §3, 94 Stat. 1811. |
20104(b) | 45:432(b), (c). | |
20104(c) | 45:432(e). |
In subsection (a)(1), the words “or both” are omitted as surplus. The words “immediately may order restrictions and prohibitions . . . that may be necessary to abate the situation” are substituted for “may immediately issue an order . . . imposing such restrictions or prohibitions as may be necessary to bring about the abatement of such emergency situation” to eliminate unnecessary words.
In subsection (a)(2), the words “or a combination of conditions and practices” are added for consistency with paragraph (1). The words “(as determined by the Secretary)” are omitted as surplus. The last sentence is substituted for 45:432(d) (last sentence) for clarity.
In subsection (b), the words “the Secretary” are added for clarity.
In subsection (c), the words “issue an order” are substituted for “seek relief” for consistency in this section. The words “The action must be brought in the judicial district” are substituted for “for the judicial district” for consistency in the revised title.
Amendments2008—Subsec. (a)(1). Pub. L. 110–432 substituted “death, personal injury, or significant harm to the environment” for “death or personal injury”.
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