Railroad Legal Issues and Resources (2015)

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127 XXX. MAP-21 686 A. Introduction 686 MAP-21, effective in October 2012, authorized programs through September 30, 2014.597 Although there is no specific rail title in MAP-21,598 as discussed in Sections B through F, there are several sections of MAP-21 that may improve rail service. B. Public Transportation Safety 687 Under MAP-21 § 20021, amending 49 U.S.C. § 5329, the “FTA must develop safety performance criteria for all modes of transportation (rail, bus, etc.)” and minimum safety performance standards for all public transportation excluding rolling stock regulated by the Secretary or another Federal agency.599 C. Comprehensive Freight Plan 689 In MAP-21 § 1118, added in a note to 23 U.S.C. § 167, the Secretary of Transportation is to encourage each state to develop a comprehensive state freight plan.600 D. Highway Safety Improvement Program 690 MAP-21 § 1112, amending 23 U.S.C. § 148, that authorized the Highway Safety Improvement Program (HSIP)601 requires states involved in the project to identify hazardous locations including railway-highway crossings that pose a significant threat to human safety.602 E. State of Good Repair Grants 691 Under MAP-21 § 20027, amending 49 U.S.C. § 5337, that established “a new grant program to maintain public transportation systems in a state of good repair,” funding is limited to 597 Federal Transit Administration, FTA Office of Budget and Policy, Moving Ahead for Progress in the 21st Century Act (MAP-21), at 1, available at http://www.fta.dot.gov/documents/MAP21_essay_style_summary_v5_MASTER.pdf (last accessed Mar. 31, 2015), hereinafter referred to as “FTA MAP-21 Summary.” 598 Joseph C. Szabo, Federal Railroad Administrator, Prepared Remarks, American Short Line and Regional Railroad Association Annual Convention, 100 Years of Connections (Apr. 29, 2013), at 6, available at http://www.fra.dot.gov/Elib/Details/L04514 (last accessed Mar. 31, 2015). 599 FTA MAP-21 Summary, supra note 597, at 2; MAP-21 § 20021; see 49 U.S.C. § 5329(b)(2) (2014). 600 MAP-21 § 1118; see 23 U.S.C. § 167 note (2014). 601 MAP-21 § 1112; see 23 U.S.C. § 148(b)(2) (2014). 602 MAP-21 § 1112; see 23 U.S.C. § 148(c)(2)(B)(i) (2014).