II 

110TH CONGRESS 

2D SESSION S. 3493 

To require rail carriers to develop positive rail control system plans for 

improving railroad safety and to increase the civil penalties for railroad 

safety violations. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2008 

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To require rail carriers to develop positive rail control system 

plans for improving railroad safety and to increase the 

civil penalties for railroad safety violations. 

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

3 SECTION 1. POSITIVE TRAIN CONTROL SYSTEMS. 

4 (a) SUBMISSION OF PLAN.— 

5 (1) IN GENERAL.—Not later than 12 months 

6 after the date of the enactment of this Act, each rail 

7 carrier that is a Class I railroad, a rail carrier that 

8 has inadequate safety performance (as determined 

9 by the Secretary), or a rail carrier that provides 


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1 intercity passenger or commuter rail passenger 

2 transportation shall develop and submit to the Sec3 retary a plan for implementing a positive train con4 trol system by December 31, 2014. 

5 (2) TECHNICAL ASSISTANCE.—The Secretary 

6 may provide technical assistance and guidance to 

7 railroad carriers in developing the plans required 

8 under this subsection. 

9 (b) DEFINITIONS.—In this section: 

10 (1) POSITIVE TRAIN CONTROL SYSTEM.—The 

11 term ‘‘positive train control system’’ means a system 

12 designed to prevent train-to-train collisions, over13 speed derailments, and incursions into roadway 

14 worker work limits. 

15 (2) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Transportation. 

17 (c) SAFETY REDUNDANCY.—The positive train con18 trol system required under subsection (a) shall— 

19 (1) minimize the risk of train collisions and 

20 over-speed derailments; 

21 (2) provide protection to maintenance-of-way 

22 workers within established work zone limits; 

23 (3) provide a safety redundancy to minimize the 

24 risk of accidents by overriding human performance 


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1 failures involving train movements on main line 

2 tracks; and 

3 (4) minimize the risk of the movement of a 

4 train through a switch left in the wrong position. 

5 (d) CONTENTS OF PLAN.—The plans submitted 

6 under paragraph (1) shall include— 

7 (1) measurable goals, including a strategy and 

8 time line for implementation of such systems; 

9 (2) a prioritization of how the systems will be 

10 implemented, with particular emphasis on high-risk 

11 corridors such as those that have significant move12 ments of hazardous materials or where commuter 

13 and intercity passenger railroads operate; 

14 (3) identification of detailed steps the carriers 

15 will take to implement the systems; and 

16 (4) any other element the Secretary considers 

17 appropriate. 

18 (e) REVIEW AND APPROVAL.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the Secretary receives a plan from a rail carrier 

21 under this section, the Secretary shall— 

22 (A) review the plan; 

23 (B) notify the rail carrier that the plan has 

24 been approved; or 


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1 (C) notify the affected railroad carrier of 

2 the specific points in which the proposed plan 

3 is deficient. 

4 (2) CORRECTION OF DEFICIENCIES.—A railroad 

5 carrier shall correct all deficiencies of a plan sub6 mitted under this section not later than 30 days 

7 after receiving written notice from the Secretary of 

8 such deficiencies. 

9 (3) COMPLIANCE WITH PLAN.—Upon receiving 

10 notification from the Secretary that a plan sub11 mitted under this section has been approved, the rail 

12 carrier that submitted such plan shall comply with 

13 goals, strategy, and time line contained in such plan. 

14 (4) ANNUAL REVIEW.—The Secretary shall con15 duct an annual review to ensure that each rail car16 rier is complying with the plan submitted by such 

17 rail carrier under this section. 

18 (f) REPORT.—Not later than December 31, 2011, the 

19 Secretary shall submit a report that describes the progress 

20 made by rail carriers in implementing positive train con21 trol systems to— 

22 (1) the Committee on Commerce, Science, and 

23 Transportation of the Senate; and 

24 (2) the Committee on Transportation and In25 frastructure of the House of Representatives. 


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1 (g) Positive train control systems shall be imple2 mented no later than December 31, 2012, in those areas 

3 determined by the Secretary of Transportation to have the 

4 highest safety risk due to shared track between commuter 

5 and freight rail. 

6 (h) CERTIFICATION.— 

7 (1) IN GENERAL.—The Secretary may not per8 mit the installation of any positive train control sys9 tem or component unless the Secretary has certified 

10 that such system or component has not experienced 

11 a safety-critical failure during prior testing and eval12 uation. 

13 (2) REPAIR AND REEVALUATION.—If a failure 

14 described in paragraph (1) occurs, the system or 

15 component may be— 

16 (A) repaired and evaluated in accordance 

17 with part 236 of title 49, Code of Federal Reg18 ulations; and 

19 (B) installed if the Secretary— 

20 (i) certifies that the factors causing 

21 the failure have been corrected; and 

22 (ii) approves the system for installa23 tion in accordance with such part 236. 

24 (i) ENFORCEMENT.—The Secretary is authorized to 

25 assess civil penalties pursuant to chapter 213 of title 49, 


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1 United States Code, for a violation of this section, includ2 ing the failure to submit, certify, or comply with a plan 

3 for implementing a positive train control system. 

4 SEC. 2. CIVIL PENALTY INCREASES. 

5 (a) GENERAL VIOLATIONS OF CHAPTER 201.—Sec6 tion 21301(a)(2) of title 49, United States Code, is 

7 amended— 

8 (1) by striking ‘‘$10,000’’ and inserting 

9 ‘‘$25,000’’; and 

10 (2) by striking ‘‘$20,000’’ and inserting 

11 ‘‘$100,000’’. 

12 (b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP13 TER 201; VIOLATIONS OF CHAPTERS 203 THROUGH

14 209.—Section 21302(a)(2) of such title is amended— 

15 (1) by striking ‘‘$10,000’’ and inserting 

16 ‘‘$25,000’’; and 

17 (2) by striking ‘‘$20,000’’ and inserting 

18 ‘‘$100,000’’. 

19 (c) VIOLATIONS OF CHAPTER 211.—Section 

20 21303(a)(2) of such title is amended— 

21 (1) by striking ‘‘$10,000’’ and inserting 

22 ‘‘$25,000’’; and 

23 (2) by striking ‘‘$20,000’’ and inserting 

24 ‘‘$100,000’’. 

Æ 


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