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S. 1462 (113th): Railroad Safety and Positive Train Control Extension Act


The text of the bill below is as of Aug 1, 2013 (Introduced). The bill was not enacted into law.


II

113th CONGRESS

1st Session

S. 1462

IN THE SENATE OF THE UNITED STATES

August 1, 2013

(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

A BILL

To extend the positive train control system implementation deadline, and for other purposes.

1.

Short title

This Act may be cited as the Railroad Safety and Positive Train Control Extension Act .

2.

Implementation deadline

(a)

Technology implementation plan

Section 20156(e)(4) of title 49, United States Code, is amended to read as follows:

(4)

Positive train control

(A)

In general

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.

(B)

Rule of construction

Nothing in this section shall be construed as requiring the installation of positive train control on railroad tracks if—

(i)

positive train control is not required on those tracks under section 20157; and

(ii)

the railroad does not choose to implement positive train control as a technology on those tracks under this section.

.

(b)

Extension of deadline

Section 20157 of title 49, United States Code, is amended—

(1)

in subsection (a)(1)

(A)

by striking Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each and inserting Each; and

(B)

by striking by December 31, 2015 and inserting by December 31, 2020; and

(2)

in subsection (a)(1)(B), by striking transported and inserting transported on or after December 31, 2015.

3.

Authority of Secretary of Transportation to extend implementation deadline

(a)

In general

Section 20157 of title 49, United States Code, as amended by section 2(b) of this Act, is further amended—

(1)

in subsection (a)(1), by striking Each Class I and inserting Except as provided under subsection (i), each Class I;

(2)

by redesignating subsection (i) as subsection (j); and

(3)

by inserting before subsection (j), as redesignated, the following:

(i)

Implementation extensions

(1)

In general

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—

(A)

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;

(B)

the applicant has demonstrated good faith in its positive train control system implementation;

(C)

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

(D)

the extension will not extend later than December 31, 2022.

(2)

Considerations

In making a determination under paragraph (1), the Secretary shall consider—

(A)

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

(B)

the risk of operational failure to the affected service areas and the applicant.

(3)

Review

Not later than 10 days after the Secretary receives an application under paragraph (1), the Secretary shall review and approve or disapprove the application.

.

(b)

Conforming amendment

Section 20156(e)(2) of title 49, United States Code, is amended by striking as defined in section 20157(i) and inserting as defined in section 20157(j) .

4.

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.