Page:United States Statutes at Large Volume 122.djvu/4880

 12 2 STA T .4857PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ‘ ‘ §20157.Imple me nta t io no f po s iti v et r ain c ontrol s y stems ‘ ‘ (a)INGE NE RAL.— ‘‘( 1 ) P LAN RE QUI RE D .— Notl at er t h a n 1 8m onth s a f ter the d ate of ena c tment of the R a i l S afet y Im p ro v ement A ct of 20 08, each C lass I railroad carrier and each entity providin g reg u larly scheduled intercity or commuter rail passenger transportation shall develop and su b mit to the Secretary of T ransportation a plan for implementing a positive train control system by D ecember 3 1, 201 5, governing operations on— ‘‘(A) its main line over w hich intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 2 4 102, is regularly provided ‘‘( B ) its main line over which poison - or to x ic-by-inhala- tion ha z ardous materials, as defined in parts 1 7 1.8, 173.115, and 173.132 of title 4 9, Code of F ederal Regula- tions, are transported; and ‘‘(C) such other trac k s as the Secretary may prescribe by regulation or order. ‘‘(2) I MP LEMEN T ATI O N.—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) TE CH NICAL A S SISTANCE.—The Secretary may provide tech- nical assistance and guidance to railroad carriers in developing the plans re q uired under subsection (a). ‘‘(c) RE V IE W 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 H ouse 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) E N F ORCEMENT.—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 imple- menting positive train control under subsection (a). ‘‘(f) O THER 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 2015 6, 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 min- imum, consider the risk to railroad employees and the public associ- ated with the operations of the railroad carrier. Notif i ca tio n.De a dl ine s . Deadlines.

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