[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1462 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1462

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


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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''.

SEC. 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)''.

SEC. 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.
                                 <all>