Sec. 35442. Updated plans
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Section 20157(a) is amended to read as follows: Each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and submit to the Secretary of Transportation a plan for implementing a positive train control system by December 31, 2015, governing operations on— its main line over which intercity rail passenger transportation or commuter rail passenger transportation (as defined in section 24102) is regularly provided; its main line over which poison- or toxic-by-inhalation hazardous materials (as defined in sections 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations) are transported; and such other tracks as the Secretary may prescribe by regulation or order.
The plan shall describe how the railroad carrier or other entity subject to paragraph
(1)will provide for interoperability of the positive train control systems with movements of trains of other railroad carriers over its lines and shall, to the extent practical, implement the positive train control systems in a manner that addresses areas of greater risk before areas of lesser risk. Notwithstanding the deadline set forth in paragraph (1), not later than 90 days after the date of enactment of the Railroad Reform, Enhancement, and Efficiency Act , each Class I railroad carrier or other entity subject to paragraph
(1)may submit to the Secretary an updated plan that amends the plan submitted under paragraph
(1)with an updated implementation schedule (as described in paragraph (4)(B)) and milestones or metrics (as described in paragraph (4)(A)) that demonstrate that the railroad carrier or other entity will implement a positive train control system as soon as practicable, if implementing in accordance with the updated plan will not introduce operational challenges or risks to full, successful, and safe implementation. Not later than 150 days after receiving an updated plan under subparagraph (A), the Secretary shall review the updated plan and approve or disapprove it. In determining whether to approve or disapprove the updated plan, the Secretary shall consider whether the railroad carrier or other entity submitting the plan— has encountered technical or programmatic challenges identified by the Secretary in the 2012 report transmitted to Congress pursuant to subsection (d); and the challenges referred to in subclause
(I)have negatively affected the successful implementation of positive train control systems; has demonstrated due diligence in its effort to implement a positive train control system; has included in its plan milestones or metrics that demonstrate the railroad carrier or other entity will implement a positive train control system as soon as practicable, if implementing in accordance with the milestones or metrics will not introduce operational challenges or risks to full, successful, and safe implementation; and has set an implementation schedule in its plan that shows the railroad will comply with paragraph (7), if implementing in accordance with the implementation schedule will not introduce operational challenges or risks to full, successful, and safe implementation. If the Secretary has not approved an updated plan under subparagraph
(B)within 60 days of receiving the updated plan under subparagraph (A), the Secretary shall immediately— provide a written response to the railroad carrier or other entity that identifies the reason for not approving the updated plan and explains any incomplete or deficient items; allow the railroad carrier or other entity to submit, within 30 days of receiving the written response under subclause (I), a modified version of the updated plan for the Secretary's review; and approve or issue final disapproval for a modified version of the updated plan submitted under subclause
(II)not later than 60 days after receipt. During the 60-day period described in clause (i)(III), the railroad or other entity that has submitted a modified version of the updated plan under clause (i)(II) may make additional modifications, if requested by the Secretary, for the purposes of correcting incomplete or deficient items to receive approval. Not later than 30 days after approving an updated plan under this paragraph, the Secretary shall make the updated plan available on the website of the Federal Railroad Administration. For an applicant that submits an updated plan under subparagraph (A), the Secretary shall extend the deadline for implementing a positive train control system at least until the date the Secretary approves or issues final disapproval for the updated plan with an updated implementation schedule (as described in paragraph (4)(B)). A railroad carrier or other entity that has its modified version of its updated plan disapproved by the Secretary under subparagraph (C)(i)(III), and that has not implemented a positive train control system by the deadline in subsection (a)(1), is subject to enforcement action authorized under subsection (e). Each updated plan submitted under paragraph
(3)shall describe the following milestones or metrics: The total number of components that will be installed with positive train control by the end of each calendar year until positive train control is fully implemented, with totals separated by each component category. The number of employees that will receive the training, as required under the applicable positive train control system regulations, by the end of each calendar year until positive train control is fully implemented. The calendar year or years in which spectrum will be acquired and will be available for use in all areas that it is needed for positive train control implementation, if such spectrum is not already acquired and ready for use. Each updated plan submitted under paragraph
(3)shall include an implementation schedule that identifies the dates by which the railroad carrier or other entity will— fully implement a positive train control system; complete all component installation, consistent with the milestones or metrics described in subparagraph (A)(i); complete all employee training required under the applicable positive train control system regulations, consistent with the milestones or metrics described in subparagraph (A)(ii); acquire all necessary spectrum, consistent with the milestones or metrics in subparagraph (A)(iii); and activate its positive train control system. Each updated plan submitted under paragraph
(3)shall include— the total number of positive train control components required for implementation, with totals separated by each major component category; the total number of employees requiring training under the applicable positive train control system regulations; a summary of the remaining challenges to positive train control system implementation, including— testing issues; interoperability challenges; permitting issues; and certification challenges. In this paragraph, the term component means a locomotive apparatus, a wayside interface unit (including any associated legacy signal system replacements), back office system hardware, a base station radio, a wayside radio, or a locomotive radio. The Class I railroad carrier or other entity subject to paragraph
(1)shall implement a positive train control system in accordance with its plan, including any amendments made to the plan by its updated plan approved by the Secretary under paragraph (3), and subject to section 35443 of the Railroad Reform, Enhancement, and Efficiency Act . Each Class I railroad carrier or other entity with an approved updated plan shall submit an annual report to the Secretary that describes the progress made on positive train control implementation, including— the extent to which the railroad carrier or other entity met or exceeded the metrics or milestones described in paragraph (4)(A); the extent to which the railroad carrier or other entity complied with its implementation schedule under paragraph (4)(B); and any update to the information provided under paragraph (4)(C). Each updated plan shall reflect that the railroad carrier or other entity subject to paragraph
(1)will, not later than December 31, 2018— complete component installation and spectrum acquisition; and activate its positive train control system without undue delay. . Section 20157(e) is amended to read as follows: The Secretary is authorized to assess civil penalties pursuant to chapter 213 for the failure to submit or comply with a plan for implementing positive train control under subsection (a), including any amendments to the plan made by an updated plan (including milestones or metrics and an updated implementation schedule) approved by the Secretary under paragraph
(3)of such subsection, subject to section 35443 of the Railroad Reform, Enhancement, and Efficiency Act . . Section 20157(i) is amended— by redesignating paragraphs
(1)through
(3)as paragraphs
(2)through (4), respectively; and by inserting before paragraph (2), as redesignated, the following: The term activate means to initiate the use of a positive train control system in every subdivision or district where the railroad carrier or other entity is prepared to do so safely, reliably, and successfully, and proceed with revenue service demonstration as necessary for system testing and certification, prior to full implementation. . Section 20157(g) is amended— by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: Immediately after the date of the enactment of the Railroad Reform, Enhancement, and Efficiency Act , the Secretary— shall remove or revise any references to specified dates in the regulations or orders implementing this section to the extent necessary to conform with the amendments made by such Act; and may not enforce any such date-specific deadlines or requirements that are inconsistent with the amendments made by such Act. . Nothing in the amendments made by this section may be construed to require a Class I railroad carrier or other entity subject to section 20157(a) of title 49, United States Code, to resubmit in its updated plan information from its initial implementation plan that is not changed or affected by the updated plan. The Secretary shall consider an updated plan submitted pursuant to paragraph
(3)of that section to be an addendum that makes amendments to the initial implementation plan. Nothing in the amendments made by this section may be construed to require a Class I railroad carrier or other entity subject to section 20157(a) of title 49, United States Code, to submit a new implementation plan pursuant to the deadline set forth in that section. A railroad carrier or other entity subject to section 20157(a) of title 49, United States Code, that has its updated plan, including a modified version of the updated plan, approved by the Secretary under subparagraph
(B)or subparagraph
(C)of paragraph
(3)of that section shall not be required to implement a positive train control system by the deadline under paragraph
(1)of that section.