Rail Safety Improvement Act of 2008 (P.L. 110-432; Sec. 104)

H. R. 2095

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

DIVISION A—RAIL SAFETY

SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE

49.

(a) SHORT TITLE.—This division may be cited as the ‘‘Rail

Safety Improvement Act of 2008’’.

(b) TABLE OF CONTENTS.—The table of contents for this division

is as follows:

Sec. 1. Short title; table of contents; amendment of title 49.

Sec. 2. Definitions.

Sec. 3. Authorization of appropriations.

TITLE I—RAILROAD SAFETY IMPROVEMENTS

Sec. 101. Federal Railroad Administration officers and duties.

Sec. 102. Railroad safety strategy.

Sec. 103. Railroad safety risk reduction program.

Sec. 104. Implementation of positive train control.

Sec. 105. Railroad safety technology grants.

Sec. 106. Reports on statutory mandates and recommendations.

Sec. 107. Rulemaking process.

Sec. 108. Hours-of-service reform.

Sec. 109. Protection of railroad safety risk analyses information.

Sec. 110. Pilot projects.

TITLE I—RAILROAD SAFETY

IMPROVEMENTS

SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL.

(a) IN GENERAL.—Subchapter II of chapter 201, as amended

by section 103 of this division, is further amended by adding at

the end thereof the following:

H. R. 2095—10

‘‘§ 20157. Implementation of positive train control systems

‘‘(a) IN GENERAL.—

‘‘(1) PLAN REQUIRED.—Not later than 18 months after the

date of enactment of the Rail Safety Improvement Act of 2008,

each Class I railroad carrier and each entity providing regularly

scheduled intercity or commuter rail passenger transportation

shall develop and submit to the Secretary of Transportation

a plan for implementing a positive train control system by

December 31, 2015, governing operations on—

‘‘(A) its main line over which intercity rail passenger

transportation or commuter rail passenger transportation,

as defined in section 24102, is regularly provided;

‘‘(B) its main line over which poison- or toxic-by-inhalation

hazardous materials, as defined in parts 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) IMPLEMENTATION.—The plan shall describe how it will

provide for interoperability of the system with movements of

trains of other railroad carriers over its lines and shall, to

the extent practical, implement the system in a manner that

addresses areas of greater risk before areas of lesser risk.

The railroad carrier shall implement a positive train control

system in accordance with the plan.

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may provide technical

assistance and guidance to railroad carriers in developing

the plans required under subsection (a).

‘‘(c) REVIEW AND APPROVAL.—Not later than 90 days after the

Secretary receives a plan, the Secretary shall review and approve

or disapprove it. If the proposed plan is not approved, the Secretary

shall notify the affected railroad carrier or other entity as to the

specific areas in which the proposed plan is deficient, and the

railroad carrier or other entity shall correct all deficiencies within

30 days following receipt of written notice from the Secretary.

The Secretary shall annually conduct a review to ensure that the

railroad carriers are complying with their plans.

‘‘(d) REPORT.—Not later than December 31, 2012, the Secretary

shall transmit a report to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee

on Commerce, Science, and Transportation of the Senate on the

progress of the railroad carriers in implementing such positive

train control systems.

‘‘(e) ENFORCEMENT.—The Secretary is authorized to assess civil

penalties pursuant to chapter 213 for a violation of this section,

including the failure to submit or comply with a plan for implementing

positive train control under subsection (a).

‘‘(f) OTHER RAILROAD CARRIERS.—Nothing in this section

restricts the discretion of the Secretary to require railroad carriers

other than those specified in subsection (a) to implement a positive

train control system pursuant to this section or section 20156,

or to specify the period by which implementation shall occur that

does not exceed the time limits established in this section or section

20156. In exercising such discretion, the Secretary shall, at a minimum,

consider the risk to railroad employees and the public associated

with the operations of the railroad carrier.

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‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations

or issue orders necessary to implement this section, including regulations

specifying in appropriate technical detail the essential

functionalities of positive train control systems, and the means

by which those systems will be qualified.

‘‘(h) CERTIFICATION.—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 component has been approved through the approval

process set forth in part 236 of title 49, Code of Federal Regulations,

and complies with the requirements of that part.

‘‘(i) DEFINITIONS.—In this section:

‘‘(1) INTEROPERABILITY.—The term ‘interoperability’ means

the ability to control locomotives of the host railroad and tenant

railroad to communicate with and respond to the positive train

control system, including uninterrupted movements over property

boundaries.

‘‘(2) MAIN LINE.—The term ‘main line’ means a segment

or route of railroad tracks over which 5,000,000 or more gross

tons of railroad traffic is transported annually, except that—

‘‘(A) the Secretary may, through regulations under subsection

(g), designate additional tracks as main line as

appropriate for this section; and

‘‘(B) for intercity rail passenger transportation or commuter

rail passenger transportation routes or segments

over which limited or no freight railroad operations occur,

the Secretary shall define the term ‘main line’ by regulation.

‘‘(3) POSITIVE TRAIN CONTROL SYSTEM.—The term ‘positive

train control system’ means a system designed to prevent trainto-

train collisions, over-speed derailments, incursions into

established work zone limits, and the movement of a train

through a switch left in the wrong position.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201, as amended by section 103 of this division, is amended

by inserting after the item relating to section 20156 the following:

‘‘20157. Implementation of positive train control systems.’’.

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