Sec. 5442. Updated plans
1,427 words·~6 min read·
/bill/114/s/1732/rs/section-5442·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 Comprehensive Transportation and Consumer Protection Act of 2015 , 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 intends make sustained and substantial progress toward positive train control system implementation. Not later than 120 days after receiving an updated plan under subparagraph (A), the Secretary shall approve the updated plan if 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; is demonstrating 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 intends to make sustained and substantial progress toward positive train control system implementation; and has set an implementation schedule in its plan that complies with paragraph (7). 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 updated plan for the Secretary’s review; and approve or disapprove a modified updated plan submitted under subclause
(II)not later than 30 days after receipt. If the Secretary does not approve an updated plan not later than 60 days after receiving the updated plan under subparagraph
(A)and does not provide a written response to the railroad carrier or other entity at the end of the 60-day period described in clause (i), the updated plan is deemed to have been approved by the Secretary. 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)). Each updated plan submitted under paragraph
(3)shall show that the Class I railroad carrier or other entity subject to paragraph
(1)is making sustained and substantial progress toward positive train control system implementation by describing the following milestones or metrics: The total number of components that will be installed, equipped, or deployed 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 complete system testing. 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; and 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), switches in non-signaled positive train control territory, 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). 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). The Secretary may not approve an updated plan that includes a date for the completion of component installation or a date for the completion of spectrum acquisition that is later than December 31, 2018. . 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. . 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 Comprehensive Transportation and Consumer Protection Act of 2015 , 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 paragraph
(1)of 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 such section to be an addendum 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)(1) of title 49, United States Code, to submit a new implementation plan pursuant to the deadline set forth in such section.