584 
SEC. 9302. STATE RAIL PLANS. 
Chapter 227 of Part B is amended— 
(1) in section 22702(b)(4), by striking ‘‘5 years 
for reapproval by the Secretary’’ and inserting ‘‘4 
years for acceptance by the Secretary’’; and 
(2) by striking section 22705(a)(12). 
Subtitle D—Safety Improvements 
SEC. 9401. REQUIREMENT FOR UNIFORM OPERATING 
RULES. 
(a) AMENDMENT.—Chapter 201, as amended by this 
Act, is further amended by adding at the end the following 
new section: 
‘‘§ 20168. Uniform operating rules 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may prescribe regulations or issue orders to require in 
small geographic areas, as defined by the Secretary, where 
two or more railroads serve as host railroads for joint op-
erations that occur within a small geographic area, all 
such host railroads in the small geographic area shall de-
velop unified operating rules governing all operations with-
in the small geographic area with respect to the following: 
‘‘(1) signal aspects and indications, such that 
no aspect represents multiple indications for any op-
erations within the small geographic area; 
‘‘(2) after-arrival mandatory directives, such 
that the use of an after-arrival mandatory directive 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00584
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
585 
is prohibited for any operations in non-signaled ter-
ritory within the small geographic area; and 
‘‘(3) forms used to convey track authority, such 
that track authority for any operations within the 
small geographic area is conveyed using an identical 
set of forms. 
‘‘(b) CONSTRUCTION.—Nothing in this section shall 
be construed to limit the authority of the Secretary to pre-
scribe regulations or issue orders not authorized by this 
section.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 201 is amended by inserting after the item 
relating to section 20167 the following: 
‘‘20168. Uniform operating rules.’’. 
SEC. 9402. POSITIVE TRAIN CONTROL. 
(a) IMPLEMENTATION.—Section 20157(a) is revised 
to read as follows: 
‘‘(a) IMPLEMENTATION.— 
‘‘(1) WHERE
IMPLEMENTATION
REQUIRED.— 
Each Class I railroad carrier and each entity pro-
viding regularly scheduled intercity or commuter rail 
passenger transportation shall develop and submit to 
the Secretary of Transportation a plan for imple-
menting a positive train control system by December 
31, 2015, governing operations on— 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
586 
‘‘(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-
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
587 
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 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
588 
‘‘(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.’’. 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
589 
(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 main line in place of a positive train con-
trol system that would otherwise be required to be 
installed on such line under this section if such risk 
mitigation strategies incorporate alternative tech-
nology 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.’’. 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
591 
(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 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00591
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
592 
title and in so doing may make changes necessary to 
transform those provisions into regulatory form. 
‘‘(2) Notwithstanding any other provision of 
law, these regulations shall not be subject to judicial 
review. 
‘‘(3) Upon the effective date of the regulations 
prescribed under this subsection (a) (the status quo 
regulations), chapter 211 of this title shall cease to 
be effective. 
‘‘(b) AUTHORITY TO PRESCRIBE AMENDMENTS TO 
THE STATUS QUO REGULATIONS.—After the Secretary 
has prescribed the regulations mandated by subsection (a) 
and after the regulations mandated by subsection (a) have 
become effective, the Secretary may amend the regulations 
as the Secretary deems necessary in accordance with the 
Secretary’s general authority under section 20103 of this 
title, to prevent and mitigate fatigue among individuals 
performing safety-critical duties in train and engine serv-
ice, signal or train control service, or dispatching service, 
whether or not directly employed by a railroad carrier. 
‘‘(c) DETERMINATIONS COMMITTED TO THE DISCRE-
TION OF THE SECRETARY.—In the prescription of any 
final rule amendment by the Secretary to the regulations 
mandated by subsection (a), or to the regulations author-
ized by subsection (b), determinations of scientific knowl-
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00592
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
593 
edge and literature relating to fatigue, scientific and med-
ical research on circadian rhythms and human sleep and 
rest requirements, reasonable levels of fatigue prevention 
or fatigue mitigation, and other related determinations 
and applications of scientific knowledge and literature are 
committed to the discretion of the Secretary.’’. 
(d) 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 
20170 the following: 
‘‘20171. Fatigue, including hours of service.’’. 
(e) AMENDMENT.—Effective upon the effective date 
of the regulations prescribed under subsection (c) of this 
section, the following new section of chapter 201, as 
amended by this Act, shall become effective: 
‘‘§ 20172. Maximum duty hours and subjects of collec-
tive bargaining 
‘‘The number of hours that an employee may be re-
quired or allowed to be on duty (a number formerly estab-
lished by the Federal hours of service laws, formerly codi-
fied at chapter 211 of this title, and presently established 
under section 20171 of this title) is the maximum number 
of hours consistent with safety. Shorter hours of service 
and time on duty of an employee are proper subjects for 
collective bargaining between a railroad carrier and its em-
ployees.’’. 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00593
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
594 
(f) CONFORMING AMENDMENT.—Effective upon the 
effective date of regulations prescribed under subsection 
(c) of this section, the following new item in the chapter 
analysis for chapter 201, as amended by this Act, shall 
become effective: 
‘‘20172. Maximum duty hours and subjects of collective bargaining.’’. 
SEC. 9404. AMENDMENTS TO THE SAFETY APPLIANCE LAW. 
(a) AMENDMENT.—Section 20303 is amended by 
adding at the end the following new subsections: 
‘‘(d) DEFINITIONS
AND CLARIFICATION.—In sub-
section (a)— 
‘‘(1) ‘place at which the repairs can be made’ 
means— 
‘‘(A) a location with a fixed facility for 
conducting the repairs that are necessary to 
bring the defective or insecure vehicle into com-
pliance with this chapter; or 
‘‘(B) a location where a mobile repair 
truck capable of making the repairs that are 
necessary to bring the defective or insecure ve-
hicle into compliance with this chapter makes 
the same kind of repair at the location regularly 
(as specified in regulations prescribed by the 
Secretary); 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00594
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS
595 
‘‘(2) ‘nearest’ means the closest in the forward 
direction of travel for the defective or insecure vehi-
cle; and 
‘‘(3) movement of a defective or insecure vehicle 
from a location is ‘necessary to make repairs’ of the 
vehicle even though a mobile repair truck capable of 
making the repairs has gone to the location on an 
irregular basis (as specified in regulations prescribed 
by the Secretary). 
‘‘(e) ADDITIONAL CONDITIONS FOR MOVEMENT TO 
MAKE REPAIRS.—The Secretary of Transportation may 
impose conditions for the movement of a defective or inse-
cure vehicle to make repairs in addition to those conditions 
set forth in subsection (a) by prescribing regulations or 
issuing orders as necessary.’’. 
(b) AMENDMENT.—Section 20306 is amended by— 
(1) striking the word ‘‘or’’ at the end of sub-
section (b)(1); 
(2) striking the period at the end of subsection 
(b)(2) and inserting ‘‘; or’’; and 
(3) adding at the end a new subsection (b)(3) 
to read as follows: 
‘‘(3) a regulation as contemplated by section 
553 of title 5, United States Code.’’. 
VerDate Sep 11 2014 
23:28 Jun 03, 2015
Jkt 049200
PO 00000
Frm 00595
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.IH
H2410
rfrederick on DSK6VPTVN1PROD with BILLS