564 
‘‘(A) its main line over which intercity rail 
passenger transportation or commuter rail pas-
senger transportation, as defined in section 
24102, is regularly provided; 
‘‘(B) its main line over which poison- or 
toxic-by-inhalation hazardous materials, as de-
fined in sections 171.8, 173.115, and 173.132 
of title 49, Code of Federal Regulations, are 
transported; and 
‘‘(C) such other tracks as the Secretary 
may prescribe by regulation or order. 
‘‘(2) 
INTEROPERABILITY
AND 
PRIORITIZATION.—The plan shall describe how the 
railroad carrier or other entity subject to subsection 
(a)(1) will provide for interoperability of the system 
with movements of trains of other railroad carriers 
over its lines and shall, to the extent practical, im-
plement the system in a manner that addresses 
areas of greater risk before areas of lesser risk. The 
railroad carrier or other entity shall implement a 
positive train control system in accordance with the 
plan. 
‘‘(3) PHASED
IMPLEMENTATION.—The Sec-
retary shall prescribe regulations to establish an im-
plementation schedule for positive train control sys-
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tems to ensure successful implementation of positive 
train control systems. 
‘‘(4) EXTENSION
AUTHORITY.—The Secretary 
may extend the implementation deadline for one or 
more railroad carriers or other entities set by regula-
tions prescribed pursuant to paragraph (1) and 
paragraph (3) if the Secretary determines that— 
‘‘(A) the railroad carrier or other entity 
has encountered technical programmatic chal-
lenges, as identified by the Secretary in his 
2012 report to Congress pursuant to subsection 
(d), and those challenges have negatively af-
fected the successful implementation of positive 
train control systems; 
‘‘(B) the railroad carrier or other entity 
has demonstrated substantial progress in de-
ploying positive train control to the extent fea-
sible; 
‘‘(C) the railroad carrier or other entity 
has taken actions to mitigate risks to successful 
implementation, as identified by the Secretary 
in his 2012 report to Congress pursuant to sub-
section (d); and 
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‘‘(D) the railroad carrier or other entity is 
proceeding to implement its plan expeditiously 
and successfully.’’. 
(b) PROVISIONAL OPERATION.—Section 20157(h) is 
amended to read as follows: 
‘‘(h) CERTIFICATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
permit the installation of any positive train control 
system or component in revenue service unless the 
Secretary has certified that any such system or com-
ponent has been approved through the approval 
process set forth in part 236 of title 49, Code of 
Federal Regulations, and complies with the require-
ments of that part. 
‘‘(2) PROVISIONAL OPERATION.—The Secretary 
may permit, upon submission of a positive train con-
trol implementation plan, the provisional operation 
of a positive train control system or component in 
revenue service where the development of the system 
or component has been approved by the Secretary 
through the process set forth in part 236 of title 49, 
Code of Federal Regulations, complies with the re-
quirements of that part, and complies with any con-
ditions the Secretary may provide for such provi-
sional operation.’’. 
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(c) ALTERNATIVE PROTECTION.—After subsection 
(i) of section 20157, the following is inserted: 
‘‘(j) EXCEPTION FOR ALTERNATIVE PROTECTION.— 
‘‘(1) Notwithstanding the other provisions of 
this section, a railroad may petition the Secretary to 
implement alternative risk mitigation strategies on a 
particular a main line in place of a positive train 
control system that would otherwise be required to 
be installed on such line under this section if such 
risk mitigation strategies incorporate alternative 
technology or operating practices. 
‘‘(2) The Secretary may approve a plan to use 
such alternate risk mitigation strategies under this 
provision on a main line identified by a railroad car-
rier or other entity in a plan submitted to the Sec-
retary if the Secretary determines that— 
‘‘(A) the use of the alternative strategies 
will not result in a decrease in the level of safe-
ty from that currently existing on the line; 
‘‘(B) the alternative strategies provide an 
appropriate level of risk mitigation with regards 
to preventing the risks identified in subsection 
(i)(3); and 
‘‘(C) the alternative risk mitigation strate-
gies will be implemented as soon as possible.’’. 
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(d) SPECTRUM.—Chapter 201, as amended by this 
Act, is further amended by adding the following new sec-
tion: 
‘‘§ 20169. Federal communications commission spec-
trum 
‘‘Not later than 120 days after the date of enactment 
of the Rail for America Act, the Secretary of Transpor-
tation and the Chairman of the Federal Communications 
Commission shall coordinate to assess spectrum needs and 
availability for implementing positive train control sys-
tems, as defined in section 20157 of this title. Such coordi-
nation may include conversations with external stake-
holders.’’. 
(e) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 201, as amended by this Act, is further 
amended by inserting after the item relating to section 
20168 the following: 
‘‘20169. Federal Communications Commission spectrum.’’. 
SEC. 9403. HOURS OF SERVICE REFORM. 
(a) CESSATION OF EFFECTIVENESS.—Chapter 211, 
as amended by this Act, shall cease to be effective upon 
the effective date of the regulations mandated by sub-
section (c) of this section. 
(b) AMENDMENT.—Upon the effective date of the 
regulations mandated by subsection (c) of this section— 
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(1) the first sentence of section 20103(a) is 
amended to read as follows: 
‘‘(1) The Secretary of Transportation, as nec-
essary, shall prescribe regulations and issue orders 
for every area of railroad safety— 
‘‘(A) superseding the Federal hours of 
service laws formerly codified at chapter 211 of 
this title and regulations and orders pursuant 
to those laws; and 
‘‘(B) supplementing other regulations and 
other laws in effect on October 16, 1970.’’; and 
(2) the second sentence of section 20103(a), as 
amended by this Act, is designated as paragraph 
(2). 
(c) AMENDMENT.—Chapter 201, as amended by this 
Act, is further amended by adding at the end the following 
new section: 
‘‘§ 20171. Fatigue, including hours of service 
‘‘(a) MANDATE TO CONVERT STATUTE TO REGULA-
TIONS; NONREVIEWABILITY; CESSATION OF EFFECTIVE-
NESS OF CHAPTER 211.— 
‘‘(1) The Secretary of Transportation shall pre-
scribe regulations embodying the substantive provi-
sions of the Federal hours of service laws codified at 
sections 21101–21106, 21108, and 21109 of this 
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