49 U.S.C. § 20102: Definitions

“Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations. commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979 ; and high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose. a railroad employee who is subject to chapter 211; another operating railroad employee who is not subject to chapter 211; an employee who maintains the right of way of a railroad; an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title ; an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary. 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 a pathway explicitly authorized by a public authority or a railroad carrier 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. The term ‘Department’ means the Department of Transportation. The term ‘railroad’ has the meaning given that term by section 20102 of title 49 , United States Code. The term ‘railroad carrier’ has the meaning given that term by section 20102 of title 49 , United States Code. The term ‘Secretary’ means the Secretary of Transportation. The term ‘State’ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.”