DEFINITIONS.

SEC. 2. DEFINITIONS.(a) In General.—In this division:(1) Crossing.—The term “crossing” means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks at grade 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 that is dedicated for the 122 STAT. 4850 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) Department.—The term “Department” means the Department of Transportation.(3) Railroad.—The term “railroad” has the meaning given that term by section 20102 of title 49, United States Code.(4) Railroad carrier.—The term “railroad carrier” has the meaning given that term by section 20102 of title 49, United States Code.(5) Secretary.—The term “Secretary” means the Secretary of Transportation.(6) State.—The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.(b) In Title 49.—Section 20102 is amended—(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;(2) by inserting before paragraph (2), as redesignated, the following:“(1) ‘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.”; and(3) by adding at the end thereof the following:“(4) ‘safety-related railroad employee’ means—“(A) a railroad employee who is subject to chapter 211;“(B) another operating railroad employee who is not subject to chapter 211;“(C) an employee who maintains the right of way of a railroad;“(D) an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title;“(E) an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and“(F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.”.