1.Positive train control
systems
(a)
(1)Not later than 12 months after the date of the enactment
of this Act, each rail carrier that is a Class I railroad, a rail carrier that
has inadequate safety performance (as determined by the Secretary), or a rail
carrier that provides intercity passenger or commuter rail passenger
transportation shall develop and submit to the Secretary a plan for
implementing a positive train control system by December 31, 2014.
(2)The Secretary may provide technical assistance and
guidance to railroad carriers in developing the plans required under this
subsection.
(b)In
this section:
(1)Positive train
control systemThe term positive train control
system means a system designed to prevent train-to-train collisions,
overspeed derailments, and incursions into roadway worker work limits.
(2)The
term Secretary means the Secretary of Transportation.
(c)The positive train control system required under
subsection (a) shall—
(1)minimize the risk
of train collisions and over-speed derailments;
(2)provide
protection to maintenance-of-way workers within established work zone
limits;
(3)provide a safety
redundancy to minimize the risk of accidents by overriding human performance
failures involving train movements on main line tracks; and
(4)minimize the risk
of the movement of a train through a switch left in the wrong position.
(d)The plans submitted under paragraph (1) shall
include—
(1)measurable goals,
including a strategy and time line for implementation of such systems;
(2)a prioritization
of how the systems will be implemented, with particular emphasis on high-risk
corridors such as those that have significant movements of hazardous materials
or where commuter and intercity passenger railroads operate;
(3)identification of
detailed steps the carriers will take to implement the systems; and
(4)any other element
the Secretary considers appropriate.
(e)
(1)Not later than 90 days after the Secretary receives a
plan from a rail carrier under this section, the Secretary shall—
(A)review the
plan;
(B)notify the rail
carrier that the plan has been approved; or
(C)notify the
affected railroad carrier of the specific points in which the proposed plan is
deficient.
(2)Correction of
deficienciesA railroad carrier shall correct all deficiencies of
a plan submitted under this section not later than 30 days after receiving
written notice from the Secretary of such deficiencies.
(3)Upon receiving notification from the Secretary that a plan
submitted under this section has been approved, the rail carrier that submitted
such plan shall comply with goals, strategy, and time line contained in such
plan.
(4)The Secretary shall conduct an annual review to ensure
that each rail carrier is complying with the plan submitted by such rail
carrier under this section.
(f)Not
later than December 31, 2011, the Secretary shall submit a report that
describes the progress made by rail carriers in implementing positive train
control systems to—
(1)the
Committee on Commerce, Science, and
Transportation of the Senate; and
(2)the
Committee on Transportation and Infrastructure
of the House of Representatives.
(g)Positive train
control systems shall be implemented no later than December 31, 2012, in those
areas determined by the Secretary of Transportation to have the highest safety
risk due to shared track between commuter and freight rail.
(h)
(1)The Secretary may not permit the installation of any
positive train control system or component unless the Secretary has certified
that such system or component has not experienced a safety-critical failure
during prior testing and evaluation.
(2)If a failure described in paragraph (1) occurs, the
system or component may be—
(A)repaired and
evaluated in accordance with part 236 of title 49, Code of Federal Regulations;
and
(B)installed if the
Secretary—
(i)certifies that
the factors causing the failure have been corrected; and
(ii)approves the
system for installation in accordance with such part 236.
(i)The
Secretary is authorized to assess civil penalties pursuant to chapter 213 of
title 49, United States Code, for a violation of this section, including the
failure to submit, certify, or comply with a plan for implementing a positive
train control system.
2.
(a)General
violations of chapter 201Section 21301(a)(2) of title 49, United
States Code, is amended—
(1)by striking
$10,000
and inserting $25,000
; and
(2)by striking
$20,000
and inserting $100,000
.
(b)Accident and
incident violations of chapter 201; violations of chapters 203 through
209Section 21302(a)(2) of such title is amended—
(1)by striking
$10,000
and inserting $25,000
; and
(2)by striking
$20,000
and inserting $100,000
.
(c)Violations of
chapter 211Section 21303(a)(2) of such title is amended—
(1)by striking
$10,000
and inserting $25,000
; and
(2)by striking
$20,000
and inserting $100,000
.