IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mr. Thune (for himself, Mr. Blunt, Mrs. McCaskill, and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To extend the positive train control system implementation deadline, and for other purposes.
This Act may be cited as
Railroad Safety and Positive Train
Control Extension Act
Technology implementation plan
Section 20156(e)(4) of title 49, United States Code, is amended to read as follows:
Positive train control
Except as required by section 20157 (relating to the requirements for implementation of positive train control systems), the Secretary shall ensure that each railroad carrier's technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule.
Rule of construction
Nothing in this section shall be construed as requiring the installation of positive train control on railroad tracks if—
positive train control is not required on those tracks under section 20157; and
the railroad does not choose to implement positive train control as a technology on those tracks under this section.
Extension of deadline
Section 20157 of title 49, United States Code, is amended—
Not later than 18 months after the date of enactment of the Rail Safety
Improvement Act of 2008, each and inserting
by December 31, 2015 and inserting
by December 31,
(a)(1)(B), by striking
transported and inserting
transported on or after December 31, 2015.
Authority of Secretary of Transportation to extend implementation deadline
Section 20157 of title 49, United States Code, as amended by section 2(b) of this Act, is further amended—
by redesignating subsection (i) as subsection (j); and
by inserting before subsection (j), as redesignated, the following:
The Secretary may extend in 1-year increments, upon application, the deadline for implementing a positive train control system under subsection (a)(1) for an applicant, if the Secretary determines that—
full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, software development and testing, availability of alternate risk reduction strategies, and interoperability standards;
the applicant has demonstrated good faith in its positive train control system implementation;
the applicant has presented a revised plan for implementing a positive train control system indicating how the applicant will fully implement a positive train control system as soon as feasible, but not later than December 31, 2022; and
the extension will not extend later than December 31, 2022.
In making a determination under paragraph (1), the Secretary shall consider—
whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant’s positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations (relating to PTC Implementation Plan content requirements); and
the risk of operational failure to the affected service areas and the applicant.
Not later than 10 days after the Secretary receives an application under paragraph (1), the Secretary shall review and approve or disapprove the application.
Section 20156(e)(2) of title 49, United States Code, is
amended by striking
as defined in section 20157(i)
as defined in section 20157(j)
Equipping locomotives operating in positive train control territory
Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations (relating to equipping locomotives operating in PTC territory) to extend each deadline 5 years.