§20157 Implementation of positive train control systems

Summary

Railroads and passenger rail operators must give the Secretary of Transportation a new plan within 90 days after the Positive Train Control Enforcement and Implementation Act of 2015 was passed. The plan must show how they will have a working positive train control (PTC) system by December 31, 2018, on their main lines used by regular intercity or commuter passenger service, on lines that move certain poisonous-by-inhalation hazardous materials, and on any other tracks the Secretary requires. The plan must explain how the PTC system will work with other railroads’ trains, how higher-risk places will be done before lower-risk places when practical, and meet the content rules in 49 C.F.R. §236.1011. It must say when needed radio spectrum will be acquired and available, list total PTC hardware to be installed and how much will be installed each year, give the number of workers who need training and how many will be trained each year, summarize remaining technical or program problems (including public funding, interoperability, spectrum, software, permits, testing, and certification), and include a schedule for putting PTC in place. A railroad may propose an alternate schedule instead of the original deadline, but that alternate cannot push the final date more than 24 months past the December 31, 2018 deadline. Railroads can ask to change their revised plan using the rules in 49 C.F.R. §236.1021, and they must follow the approved plan or any approved amendments. If a railroad asks for approval of an alternate schedule, it must tell the Secretary when it is ready for review. The Secretary then has 90 days to review the alternate schedule and decide if the railroad has met certain conditions: installed the planned hardware and acquired needed spectrum by the original deadline, completed required training, started revenue service demonstrations as described in the law (for Class I railroads and Amtrak this means most territories; for others it means at least one territory or other Secretary-set criteria), and certified it will meet the alternate date. The Secretary must approve or disapprove within 90 days and must tell the railroad of any fixable problems within 45 days so the railroad can try to correct them. While the Secretary reviews an alternate schedule, the original implementation deadline is put on hold. If the Secretary approves the alternate schedule, that approved date becomes the railroad’s new deadline, but it cannot be later than 24 months after the original deadline. The Secretary may give railroads technical help preparing plans. Each railroad covered must file a progress report by March 31, 2016 and every year after until PTC is fully implemented. These reports must update spectrum plans, yearly hardware and training totals (by territory if needed), how the railroad is following its schedule, updated lists of challenges, resources for passenger providers, route miles with PTC versus required miles, and any other items the Secretary asks for. The Secretary will review compliance at least once a year and can demand more information. Reports sent to the Secretary must be posted on the Department of Transportation website within 60 days, except for proprietary or security-sensitive information. The Secretary must report to two congressional committees by July 1, 2018. The Secretary can fine railroads for breaking this law, for not sending or following plans, or for not meeting approved alternate schedules. The Secretary must write rules to carry out this work and must certify any PTC system or part before it is put into regular revenue service, though phased use can be allowed to help safe rollout. For one year after the last Class I carrier’s PTC system subject to this law is certified and in place on all its required lines, some strict operational limits do not apply if the railroad keeps an “equivalent or greater level of safety.” During that time, if a certified and implemented PTC system fails to start, cuts out, or malfunctions, the railroad must try to find and fix the cause quickly, describe safety steps in its PTC safety plan, and notify the proper Federal Railroad Administration regional office within 7 days (or as the Secretary sets). Host railroads must also file a PTC System Performance report on Form FRA F 6180.152 by April 30, July 31, October 31, and January 31, showing metrics such as initialization failures, cut outs, malfunctions by subsystem, number of PTC enforcements (and those likely to have prevented accidents), scheduled initialization attempts, train miles under PTC, and actions taken to fix problems. Three years after the Passenger Rail Expansion and Rail Safety Act of 2021’s enactment, the Secretary may reduce that reporting to no less than twice a year unless quarterly reports are kept for public interest reasons. Tenant railroads must share the same performance data with their host railroad continuously, and certain systems must begin reporting enforcement counts by January 31, 2023. The Secretary must also, within 120 days after enactment of this Act, extend deadlines in 49 C.F.R. §236.1006(b)(4)(iii)(B) by 3 years. Definitions (one line each): “equivalent or greater level of safety” — operating rules and safety regulations that keep or improve safety compared to before PTC; “hardware” — the physical PTC equipment like radios, onboard and wayside devices, back office gear, and towers; “interoperability” — the ability of host and tenant locomotives to communicate and operate across property lines; “main line” — tracks that carry 5,000,000 or more gross tons a year (or other tracks the Secretary defines for this law); “positive train control system” — a system meant to stop train collisions, over‑speed derailments, work‑zone intrusions, and wrong‑position switch movements.