II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Railroad Safety and 

5 Positive Train Control Extension Act’’. 

6 SEC. 2. IMPLEMENTATION DEADLINE. 

7 (a) TECHNOLOGY IMPLEMENTATION PLAN.—Section 

8 20156(e)(4) of title 49, United States Code, is amended 

9 to read as follows: 

10 ‘‘(4) POSITIVE TRAIN CONTROL.— 


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1 ‘‘(A) IN GENERAL.—Except as required by 

2 section 20157 (relating to the requirements for 

3 implementation of positive train control sys4 tems), the Secretary shall ensure that each rail5 road carrier’s technology implementation plan 

6 required under paragraph (1) that includes a 

7 schedule for implementation of a positive train 

8 control system complies with that schedule. 

9 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

10 in this section shall be construed as requiring 

11 the installation of positive train control on rail12 road tracks if— 

13 ‘‘(i) positive train control is not re14 quired on those tracks under section 

15 20157; and 

16 ‘‘(ii) the railroad does not choose to 

17 implement positive train control as a tech18 nology on those tracks under this section.’’. 

19 (b) EXTENSION OF DEADLINE.—Section 20157 of 

20 title 49, United States Code, is amended— 

21 (1) in subsection (a)(1)— 

22 (A) by striking ‘‘Not later than 18 months 

23 after the date of enactment of the Rail Safety 

24 Improvement Act of 2008, each’’ and inserting 

25 ‘‘Each’’; and 


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1 (B) by striking ‘‘by December 31, 2015’’ 

2 and inserting ‘‘by December 31, 2020’’; and 

3 (2) in subsection (a)(1)(B), by striking ‘‘trans4 ported’’ and inserting ‘‘transported on or after De5 cember 31, 2015’’. 

6 SEC. 3. AUTHORITY OF SECRETARY OF TRANSPORTATION 

7 TO EXTEND IMPLEMENTATION DEADLINE. 

8 (a) IN GENERAL.—Section 20157 of title 49, United 

9 States Code, as amended by section 2(b) of this Act, is 

10 further amended— 

11 (1) in subsection (a)(1), by striking ‘‘Each 

12 Class I’’ and inserting ‘‘Except as provided under 

13 subsection (i), each Class I’’; 

14 (2) by redesignating subsection (i) as subsection 

15 (j); and 

16 (3) by inserting before subsection (j), as redes17 ignated, the following: 

18 ‘‘(i) IMPLEMENTATION EXTENSIONS.— 

19 ‘‘(1) IN GENERAL.—The Secretary may extend 

20 in 1-year increments, upon application, the deadline 

21 for implementing a positive train control system 

22 under subsection (a)(1) for an applicant, if the Sec23 retary determines that— 

24 ‘‘(A) full implementation will likely be in25 feasible due to circumstances beyond the control 


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1 of the applicant, including funding availability, 

2 spectrum acquisition, resource and technology 

3 availability, software development and testing, 

4 availability of alternate risk reduction strate5 gies, and interoperability standards; 

6 ‘‘(B) the applicant has demonstrated good 

7 faith in its positive train control system imple8 mentation; 

9 ‘‘(C) the applicant has presented a revised 

10 plan for implementing a positive train control 

11 system indicating how the applicant will fully 

12 implement a positive train control system as 

13 soon as feasible, but not later than December 

14 31, 2022; and 

15 ‘‘(D) the extension will not extend later 

16 than December 31, 2022. 

17 ‘‘(2) CONSIDERATIONS.—In making a deter18 mination under paragraph (1), the Secretary shall 

19 consider— 

20 ‘‘(A) whether the affected areas of track 

21 have been identified as areas of greater risk to 

22 the public and railroad employees in the appli23 cant’s positive train control implementation 

24 plan under section 236.1011(a)(4) of title 49, 

25 Code of Federal Regulations (relating to PTC 


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1 Implementation Plan content requirements); 

2 and 

3 ‘‘(B) the risk of operational failure to the 

4 affected service areas and the applicant. 

5 ‘‘(3) REVIEW.—Not later than 10 days after 

6 the Secretary receives an application under para7 graph (1), the Secretary shall review and approve or 

8 disapprove the application.’’. 

9 (b) CONFORMING AMENDMENT.—Section 

10 20156(e)(2) of title 49, United States Code, is amended 

11 by striking ‘‘as defined in section 20157(i)’’ and inserting 

12 ‘‘as defined in section 20157(j)’’. 

13 SEC. 4. EQUIPPING LOCOMOTIVES OPERATING IN POSITIVE 

14 TRAIN CONTROL TERRITORY. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Secretary of Transportation shall revise 

17 section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal 

18 Regulations (relating to equipping locomotives operating 

19 in PTC territory) to extend each deadline 5 years. 

Æ 


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