---
kind: "section"
citation: "49 U.S.C. § 20160"
title: "49"
title_heading: "Transportation"
number: "20160"
heading: "National crossing inventory"
release: "119-102"
url: "https://uscodex.org/usc/49/20160"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter II — Particular Aspects of Safety"
---

# §20160. National crossing inventory

- (a) **Initial Reporting of Information About Previously Unreported Crossings.—** Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new [crossing](#d-1) becomes operational, whichever occurs later, each [railroad carrier](/usc/49/20102.md?p=3) shall—
  - (1) report to the Secretary of [Transportation](/usc/49/13907.md?p=e-2) current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported [crossing](#d-1) through which it operates with respect to the trackage over which it operates; or
  - (2) ensure that the information has been reported to the Secretary by another [railroad carrier](/usc/49/20102.md?p=3) that operates through the [crossing](#d-1).
- (b) **Updating of Crossing Information.—**
  - (1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each [railroad carrier](/usc/49/20102.md?p=3) shall—
    - (A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each [crossing](#d-1) through which it operates with respect to the trackage over which it operates; or
    - (B) ensure that the information has been reported to the Secretary by another [railroad carrier](/usc/49/20102.md?p=3) that operates through the [crossing](#d-1).
  - (2) A [railroad carrier](/usc/49/20102.md?p=3) that sells a [crossing](#d-1) or any part of a [crossing](#d-1) on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the [crossing](#d-1) or part of the [crossing](#d-1).
- (c) **Rulemaking Authority.—** The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of [Transportation](/usc/49/13907.md?p=e-2)’s statement of the national highway-rail [crossing](#d-1) inventory policy, procedures, and instruction for [States](#d-2) and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.
- (d) **Definitions.—** In this section:
  - (1) **Crossing.—** The term “crossing” means a location within a [State](#d-2), other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where—
    - (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
    - (B) a pathway explicitly authorized by a public authority or a [railroad carrier](/usc/49/20102.md?p=3) that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
  - (2) **State.—** The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

## Source credit

(Added Pub. L. 110–432, div. A, title II, § 204(a), Oct. 16, 2008, 122 Stat. 4869; amended Pub. L. 114–94, div. A, title XI, § 11316(g), Dec. 4, 2015, 129 Stat. 1676.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) to (c), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

### Amendments

2015—Subsec. (a)(1). Pub. L. 114–94, § 11316(g)(1), substituted “concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates” for “concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates”.

Subsec. (b)(1)(A). Pub. L. 114–94, § 11316(g)(2), substituted “concerning each crossing through which it operates with respect to the trackage over which it operates” for “concerning each crossing through which it operates or with respect to the trackage over which it operates”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.