Railroad Safety and Positive Train Control Extension Act

To extend the positive train control system implementation deadline, and for other purposes. 1. Short title This Act may be cited as the Railroad Safety and Positive Train Control Extension Act 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 Each (B) by striking by December 31, 2015 by December 31, 2020 (2) in subsection (a)(1)(B), by striking transported transported on or after December 31, 2015 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 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) as defined in section 20157(j) 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. 1. Short title This Act may be cited as the Railroad Safety and Positive Train Control Extension Act 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 Each (B) by striking by December 31, 2015 by December 31, 2020 (2) in subsection (a)(1)(B), by striking transported transported on or after December 31, 2015 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 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) as defined in section 20157(j) 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. 5. Reports Section 20157(a) of title 49, United States Code, is amended by adding at the end the following: (3) Progress reports (A) In general Beginning 6 months after the date of the enactment of the Railroad Safety and Positive Train Control Extension Act (B) Contents A progress report under subparagraph (A) shall include— (i) a section describing the total number of positive train control components required, the number of components that have been installed, equipped, or deployed as of the date of the progress report, the number of components that remain to be installed, equipped, or deployed, and an estimated completion date for full positive train control system completion; (ii) a section summarizing the number of employees requiring training under section 236.1041 of title 49, Code of Federal Regulations, and the status of the training activities; and (iii) a section summarizing the remaining challenges to full positive train control system implementation, including testing issues, interoperability challenges, and certification challenges. (C) Definition of component In this paragraph, the term component (D) Website Not later than 30 days after receiving a progress report under this paragraph, the Secretary shall make the report available on the website of the Federal Railroad Administration. . September 22, 2016 Reported with an amendment

Summary: Railroad Safety and Positive Train Control Extension Act (Sec. 2) This bill revises the railroad safety risk reduction program. The bill extends from December 31, 2015, to December 31, 2020, the deadline for submission to the Department of Transportation (DOT) by each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation of a plan for implementing a positive train control (PTC) system on certain of its tracks. (Sec. 3) DOT may extend the implementation deadline, upon application, in one-year increments, if specified circumstances exist. (Sec. 4) The bill directs DOT to revise federal regulations requiring a Class II or III railroad (including a tourist or excursion railroad) to extend by five years the deadlines for equipping its locomotives with an onboard PTC system to operate in PTC territory and applicable reporting requirements. (Sec. 5) The bill requires Class I railroad carriers and each entity providing regularly scheduled intercity or commuter rail passenger transportation to submit annual progress reports to DOT on the status of plans to implement a PTC system.