---
kind: "section"
citation: "49 U.S.C. § 20157"
title: "49"
title_heading: "Transportation"
number: "20157"
heading: "Implementation of positive train control systems"
release: "119-102"
url: "https://uscodex.org/usc/49/20157"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter II — Particular Aspects of Safety"
---

# §20157. Implementation of positive train control systems

- (a) **In General.—**
  - (1) **Plan required.—** Not later than 90 days after the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015, each Class I [railroad carrier](/usc/49/20102.md?p=3) and each entity providing regularly scheduled intercity or [commuter rail passenger transportation](/usc/49/21102.md?p=c-4-A) shall submit to the Secretary of [Transportation](/usc/49/13907.md?p=e-2) a revised plan for implementing a [positive train control system](#i-5) by December 31, 2018, governing operations on—
    - (A) its [main line](#i-4) over which [intercity rail passenger transportation](/usc/49/21102.md?p=c-4-A) or [commuter rail passenger transportation](/usc/49/21102.md?p=c-4-A), as defined in [section 24102](/usc/49/24102.md), is regularly provided;
    - (B) its [main line](#i-4) over which poison- or toxic-by-inhalation [hazardous materials](/usc/49/5102.md?p=2), as defined in sections [171.8](/cfr/49/171.8.md), [173.115](/cfr/49/173.115.md), and [173.132](/cfr/49/173.132.md) 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.—**
    - (A) **Contents of revised plan.—** A revised plan required under [paragraph (1)](#a-1) shall—
      - (i) describe—
        - (I) how the [positive train control system](#i-5) will provide for [interoperability](#i-3) of the system with the movements of trains of other [railroad carriers](/usc/49/20102.md?p=3) over its lines; and
        - (II) how, to the extent practical, the [positive train control system](#i-5) will be implemented in a manner that addresses areas of greater risk before areas of lesser risk;
      - (ii) comply with the [positive train control system](#i-5) implementation plan content requirements under [section 236.1011 of title 49, Code of Federal Regulations](/cfr/49/236.1011.md); and
      - (iii) provide—
        - (I) the calendar year or years in which spectrum will be acquired and will be available for use in each area as needed for [positive train control system](#i-5) implementation, if such spectrum is not already acquired and available for use;
        - (II) the total amount of [positive train control system](#i-5) [hardware](#i-2) that will be installed for implementation, with totals separated by each major [hardware](#i-2) category;
        - (III) the total amount of [positive train control system](#i-5) [hardware](#i-2) that will be installed by the end of each calendar year until the [positive train control system](#i-5) is implemented, with totals separated by each [hardware](#i-2) category;
        - (IV) the total number of employees required to receive training under the applicable [positive train control system](#i-5) regulations;
        - (V) the total number of employees that will receive the training, as required under the applicable [positive train control system](#i-5) regulations, by the end of each calendar year until the [positive train control system](#i-5) is implemented;
        - (VI) a summary of any remaining technical, programmatic, operational, or other challenges to the implementation of a [positive train control system](#i-5), including challenges with—
          - (aa) availability of public funding;
          - (bb) [interoperability](#i-3);
          - (cc) spectrum;
          - (dd) software;
          - (ee) permitting; and
          - (ff) testing, demonstration, and certification; and
        - (VII) a schedule and sequence for implementing a [positive train control system](#i-5) by the deadline established under [paragraph (1)](#a-1).
    - (B) **Alternative schedule and sequence.—** Notwithstanding the implementation deadline under [paragraph (1)](#a-1) and in lieu of a schedule and sequence under [paragraph (2)(A)(iii)(VII)](#a-2-A-iii-VII), a [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [paragraph (1)](#a-1) may include in its revised plan an alternative schedule and sequence for implementing a [positive train control system](#i-5), subject to review under [paragraph (3)](#a-3). Such schedule and sequence shall provide for implementation of a [positive train control system](#i-5) as soon as practicable, but not later than the date that is 24 months after the implementation deadline under [paragraph (1)](#a-1).
    - (C) **Amendments.—** A [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [paragraph (1)](#a-1) may file a request to amend a revised plan, including any alternative schedule and sequence, as applicable, in accordance with [section 236.1021 of title 49, Code of Federal Regulations](/cfr/49/236.1021.md).
    - (D) **Compliance.—** A [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [paragraph (1)](#a-1) shall implement a [positive train control system](#i-5) in accordance with its revised plan, including any amendments or any alternative schedule and sequence approved by the Secretary under [paragraph (3)](#a-3).
  - (3) **Secretarial review.—**
    - (A) **Notification.—** A [railroad carrier](/usc/49/20102.md?p=3) or other entity that submits a revised plan under [paragraph (1)](#a-1) and proposes an alternative schedule and sequence under [paragraph (2)(B)](#a-2-B) shall submit to the Secretary a written notification when such [railroad carrier](/usc/49/20102.md?p=3) or other entity is prepared for review under [subparagraph (B)](#a-3-B).
    - (B) **Criteria.—** Not later than 90 days after a [railroad carrier](/usc/49/20102.md?p=3) or other entity submits a notification under [subparagraph (A)](#a-3-A), the Secretary shall review the alternative schedule and sequence submitted pursuant to [paragraph (2)(B)](#a-2-B) and determine whether the [railroad carrier](/usc/49/20102.md?p=3) or other entity has demonstrated, to the satisfaction of the Secretary, that such carrier or entity has—
      - (i) installed all [positive train control system](#i-5) [hardware](#i-2) consistent with the plan contents provided pursuant to [paragraph (2)(A)(iii)(II)](#a-2-A-iii-II) on or before the implementation deadline under [paragraph (1)](#a-1);
      - (ii) acquired all spectrum necessary for implementation of a [positive train control system](#i-5), consistent with the plan contents provided pursuant to [paragraph (2)(A)(iii)(I)](#a-2-A-iii-I) on or before the implementation deadline under [paragraph (1)](#a-1);
      - (iii) completed employee training required under the applicable [positive train control system](#i-5) regulations;
      - (iv) included in its revised plan an alternative schedule and sequence for implementing a [positive train control system](#i-5) as soon as practicable, pursuant to [paragraph (2)(B)](#a-2-B);
      - (v) certified to the Secretary in writing that it will be in full compliance with the requirements of this section on or before the date provided in an alternative schedule and sequence, subject to approval by the Secretary;
      - (vi) in the case of a Class I [railroad carrier](/usc/49/20102.md?p=3) and Amtrak, implemented a [positive train control system](#i-5) or initiated revenue service demonstration on the majority of territories, such as subdivisions or districts, or route miles that are owned or controlled by such carrier and required to have operations governed by a [positive train control system](#i-5); and
      - (vii) in the case of any other [railroad carrier](/usc/49/20102.md?p=3) or other entity not subject to [clause (vi)](#a-3-B-vi)—
        - (I) initiated revenue service demonstration on at least 1 territory that is required to have operations governed by a [positive train control system](#i-5); or
        - (II) met any other criteria established by the Secretary.
    - (C) **Decision.—**
      - (i) **In general.—** Not later than 90 days after the receipt of the notification from a [railroad carrier](/usc/49/20102.md?p=3) or other entity under [subparagraph (A)](#a-3-A), the Secretary shall—
        - (I) approve an alternative schedule and sequence submitted pursuant to [paragraph (2)(B)](#a-2-B) if the [railroad carrier](/usc/49/20102.md?p=3) or other entity meets the criteria in [subparagraph (B)](#a-3-B); and
        - (II) notify in writing the [railroad carrier](/usc/49/20102.md?p=3) or other entity of the decision.
      - (ii) **Deficiencies.—** Not later than 45 days after the receipt of the notification under [subparagraph (A)](#a-3-A), the Secretary shall provide to the [railroad carrier](/usc/49/20102.md?p=3) or other entity a written notification of any deficiencies that would prevent approval under [clause (i)](#a-3-C-i) and provide the [railroad carrier](/usc/49/20102.md?p=3) or other entity an opportunity to correct deficiencies before the date specified in such clause.
    - (D) **Revised deadlines.—**
      - (i) **Pending reviews.—** For a [railroad carrier](/usc/49/20102.md?p=3) or other entity that submits a notification under [subparagraph (A)](#a-3-A), the deadline for implementation of a [positive train control system](#i-5) required under [paragraph (1)](#a-1) shall be extended until the date on which the Secretary approves or disapproves the alternative schedule and sequence, if such date is later than the implementation date under [paragraph (1)](#a-1).
      - (ii) **Alternative schedule and sequence deadline.—** If the Secretary approves a [railroad carrier](/usc/49/20102.md?p=3) or other entity’s alternative schedule and sequence under [subparagraph (C)(i)](#a-3-C-i), the [railroad carrier](/usc/49/20102.md?p=3) or other entity’s deadline for implementation of a [positive train control system](#i-5) required under [paragraph (1)](#a-1) shall be the date specified in that [railroad carrier](/usc/49/20102.md?p=3) or other entity’s alternative schedule and sequence. The Secretary may not approve a date for implementation that is later than 24 months from the deadline in [paragraph (1)](#a-1).
- (b) **Technical Assistance.—** The Secretary may provide technical assistance and guidance to [railroad carriers](/usc/49/20102.md?p=3) in developing the plans required under [subsection (a)](#a).
- (c) **Progress Reports and Review.—**
  - (1) **Progress reports.—** Each [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [subsection (a)](#a) shall, not later than March 31, 2016, and annually thereafter until such carrier or entity has completed implementation of a [positive train control system](#i-5), submit to the Secretary a report on the progress toward implementing such systems, including—
    - (A) the information on spectrum acquisition provided pursuant to [subsection (a)(2)(A)(iii)(I)](#a-2-A-iii-I);
    - (B) the totals provided pursuant to subclauses [(III)](#a-2-A-iii-III) and [(V)](#a-2-A-iii-V) of subsection (a)(2)(A)(iii), by territory, if applicable;
    - (C) the extent to which the [railroad carrier](/usc/49/20102.md?p=3) or other entity is complying with the implementation schedule under [subsection (a)(2)(A)(iii)(VII)](#a-2-A-iii-VII) or [subsection (a)(2)(B)](#a-2-B);
    - (D) any update to the information provided under [subsection (a)(2)(A)(iii)(VI)](#a-2-A-iii-VI);
    - (E) for each entity providing regularly scheduled intercity or [commuter rail passenger transportation](/usc/49/21102.md?p=c-4-A), a description of the resources identified and allocated to implement a [positive train control system](#i-5);
    - (F) for each [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [subsection (a)](#a), the total number of route miles on which a [positive train control system](#i-5) has been initiated for revenue service demonstration or implemented, as compared to the total number of route miles required to have a [positive train control system](#i-5) under [subsection (a)](#a); and
    - (G) any other information requested by the Secretary.
  - (2) **Plan review.—** The Secretary shall at least annually conduct reviews to ensure that [railroad carriers](/usc/49/20102.md?p=3) or other entities are complying with the revised plan submitted under [subsection (a)](#a), including any amendments or any alternative schedule and sequence approved by the Secretary. Such [railroad carriers](/usc/49/20102.md?p=3) or other entities shall provide such information as the Secretary determines necessary to adequately conduct such reviews.
  - (3) **Public availability.—** Not later than 60 days after receipt, the Secretary shall make available to the public on the Internet Web site of the Department of [Transportation](/usc/49/13907.md?p=e-2) any report submitted pursuant to [paragraph (1)](#c-1) or [subsection (d)](#d), but may exclude, as the Secretary determines appropriate—
    - (A) proprietary information; and
    - (B) security-sensitive information, including information described in [section 1520.5(a) of title 49, Code of Federal Regulations](/cfr/49/1520.5.md?p=a).
- (d) **Report to Congress.—** Not later than July 1, 2018, the Secretary shall transmit to the Committee on [Transportation](/usc/49/13907.md?p=e-2) and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and [Transportation](/usc/49/13907.md?p=e-2) of the Senate a report on the progress of each [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [subsection (a)](#a) in implementing a [positive train control system](#i-5).
- (e) **Enforcement.—** The Secretary is authorized to assess civil penalties pursuant to [chapter 213](/usc/49/chstV-ptA-ch213.md) for—
  - (1) a violation of this section;
  - (2) the failure to submit or comply with the revised plan required under [subsection (a)](#a), including the failure to comply with the totals provided pursuant to subclauses [(III)](#a-2-A-iii-III) and [(V)](#a-2-A-iii-V) of subsection (a)(2)(A)(iii) and the spectrum acquisition dates provided pursuant to [subsection (a)(2)(A)(iii)(I)](#a-2-A-iii-I);
  - (3) failure to comply with any amendments to such revised plan pursuant to [subsection (a)(2)(C)](#a-2-C); and
  - (4) the failure to comply with an alternative schedule and sequence submitted under [subsection (a)(2)(B)](#a-2-B) and approved by the Secretary under [subsection (a)(3)(C)](#a-3-C).
- (f) **Other Railroad Carriers.—** Nothing in this section restricts the discretion of the Secretary to require [railroad carriers](/usc/49/20102.md?p=3) other than those specified in [subsection (a)](#a) to implement a [positive train control system](#i-5) pursuant to this section or [section 20156](/usc/49/20156.md), or to specify the period by which implementation shall occur that does not exceed the time limits established in this section or [section 20156](/usc/49/20156.md). 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](/usc/49/20102.md?p=3).
- (g) **Regulations.—**
  - (1) **In general.—** 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](#i-5), and the means by which those systems will be qualified.
  - (2) **Conforming regulatory amendments.—** Immediately after the date of the enactment of the Positive Train Control Enforcement and Implementation Act of 2015, the Secretary—
    - (A) shall remove or revise the date-specific deadlines in the regulations or orders implementing this section to the extent necessary to conform with the amendments made by such Act; and
    - (B) may not enforce any such date-specific deadlines or requirements that are inconsistent with the amendments made by such Act.
  - (3) **Review.—** Nothing in the Positive Train Control Enforcement and Implementation Act of 2015, or the amendments made by such Act, shall be construed to require the Secretary to issue regulations to implement such Act or amendments other than the regulatory amendments required to conform with this section.
  - (4) **Clarification.—**
    - (A) **Prohibitions.—** The Secretary is prohibited from—
      - (i) approving or disapproving a revised plan submitted under [subsection (a)(1)](#a-1);
      - (ii) considering a revised plan under [subsection (a)(1)](#a-1) as a request for amendment under [section 236.1021 of title 49, Code of Federal Regulations](/cfr/49/236.1021.md); or
      - (iii) requiring the submission, as part of the revised plan under [subsection (a)(1)](#a-1), of—
        - (I) only a schedule and sequence under [subsection (a)(2)(A)(iii)(VII)](#a-2-A-iii-VII); or
        - (II) both a schedule and sequence under [subsection (a)(2)(A)(iii)(VII)](#a-2-A-iii-VII) and an alternative schedule and sequence under [subsection (a)(2)(B)](#a-2-B).
    - (B) **Civil penalty authority.—** Except as provided in [paragraph (2)](#g-2) and this paragraph, nothing in this subsection shall be construed to limit the Secretary’s authority to assess civil penalties pursuant to [subsection (e)](#e), consistent with the requirements of this section.
    - (C) **Retained review authority.—** The Secretary retains the authority to review revised plans submitted under [subsection (a)(1)](#a-1) and is authorized to require modifications of those plans to the extent necessary to ensure that such plans include the descriptions under [subsection (a)(2)(A)(i)](#a-2-A-i), the contents under [subsection (a)(2)(A)(ii)](#a-2-A-ii), and the year or years, totals, and summary under [subsection (a)(2)(A)(iii)(I) through (VI)](#a-2-A-iii-I..a-2-A-iii-VI).
- (h) **Certification.—**
  - (1) **In general.—** The Secretary shall not permit the installation of any [positive train control system](#i-5) 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](/cfr/49/part236.md), and complies with the requirements of that part.
  - (2) **Provisional operation.—** Notwithstanding the requirements of [paragraph (1)](#h-1), the Secretary may authorize a [railroad carrier](/usc/49/20102.md?p=3) or other entity to commence operation in revenue service of a [positive train control system](#i-5) or component to the extent necessary to enable the safe implementation and operation of a [positive train control system](#i-5) in phases.
- (i) **Definitions.—** In this section:
  - (1) **Equivalent or greater level of safety.—** The term “equivalent or greater level of safety” means the compliance of a [railroad carrier](/usc/49/20102.md?p=3) with—
    - (A) appropriate operating rules in place immediately prior to the use or implementation of such carrier’s [positive train control system](#i-5), except that such rules may be changed by such carrier to improve safe operations; and
    - (B) all applicable safety regulations, except as specified in [subsection (j)](#j).
  - (2) **Hardware.—** The term “hardware” means a locomotive apparatus, a wayside interface unit (including any associated legacy signal system replacements), switch position monitors needed for a [positive train control system](#i-5), physical back office system equipment, a base station radio, a wayside radio, a locomotive radio, or a communication tower or pole.
  - (3) **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](#i-5), including uninterrupted movements over property boundaries.
  - (4) **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)](#g), designate additional tracks as [main line](#i-4) as appropriate for this section; and
    - (B) for [intercity rail passenger transportation](/usc/49/21102.md?p=c-4-A) or [commuter rail passenger transportation](/usc/49/21102.md?p=c-4-A) routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term “[main line](#i-4)” by regulation.
  - (5) **Positive train control system.—** The term “positive train control system” means a system designed to prevent train-to-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.
- (j) **Early Adoption.—**
  - (1) **Operations.—** From the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015 through the 1-year period beginning on the date on which the last Class I [railroad carrier](/usc/49/20102.md?p=3)’s [positive train control system](#i-5) subject to [subsection (a)](#a) is certified by the Secretary under [subsection (h)(1)](#h-1) of this section and is implemented on all of that [railroad carrier](/usc/49/20102.md?p=3)’s lines required to have operations governed by a [positive train control system](#i-5), any [railroad carrier](/usc/49/20102.md?p=3), including any [railroad carrier](/usc/49/20102.md?p=3) that has its [positive train control system](#i-5) certified by the Secretary, shall not be subject to the operational restrictions set forth in sections [236.567](/cfr/49/236.567.md) and [236.1029](/cfr/49/236.1029.md) of title 49, Code of Federal Regulations, that would apply where a controlling locomotive that is operating in, or is to be operated in, a positive train control-equipped track segment experiences a [positive train control system](#i-5) failure, a positive train control operated consist is not provided by another [railroad carrier](/usc/49/20102.md?p=3) when provided in interchange, or a [positive train control system](#i-5) otherwise fails to initialize, cuts out, or malfunctions, provided that such carrier operates at an [equivalent or greater level of safety](#i-1) than the level achieved immediately prior to the use or implementation of its [positive train control system](#i-5).
  - (2) **Safety assurance.—** During the period described in [paragraph (1)](#j-1), if a [positive train control system](#i-5) that has been certified and implemented fails to initialize, cuts out, or malfunctions, the affected [railroad carrier](/usc/49/20102.md?p=3) or other entity shall make reasonable efforts to determine the cause of the failure and adjust, repair, or replace any faulty component causing the system failure in a timely manner.
  - (3) **Plans.—** The positive train control safety plan for each [railroad carrier](/usc/49/20102.md?p=3) or other entity shall describe the safety measures, such as operating rules and actions to comply with applicable safety regulations, that will be put in place during any system failure.
  - (4) **Notification.—** During the period described in [paragraph (1)](#j-1), if a [positive train control system](#i-5) that has been certified and implemented fails to initialize, cuts out, or malfunctions, the affected [railroad carrier](/usc/49/20102.md?p=3) or other entity shall submit a notification to the appropriate regional office of the Federal Railroad Administration within 7 days of the system failure, or under alternative location and deadline requirements set by the Secretary, and include in the notification a description of the safety measures the affected [railroad carrier](/usc/49/20102.md?p=3) or other entity has in place.
- (k) **Small Railroads.—** Not later than 120 days after the date of the enactment of this Act,[^1] the Secretary shall amend [section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations](/cfr/49/236.1006.md?p=b-4-iii-B) (relating to equipping locomotives for applicable Class II and Class III railroads operating in positive train control territory) to extend each deadline under such section by 3 years.
- (l) **Revenue Service Demonstration.—** When a [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to (a)(1)[^2] notifies the Secretary it is prepared to initiate revenue service demonstration, it shall also notify any applicable tenant [railroad carrier](/usc/49/20102.md?p=3) or other entity subject to [subsection (a)(1)](#a-1).
- (m) **Reports on Positive Train Control System Performance.—**
  - (1) **In general.—** Each host railroad subject to this section or [subpart I of part 236 of title 49, Code of Federal Regulations](/cfr/49/part236-subpartI.md), shall electronically submit to the Secretary of [Transportation](/usc/49/13907.md?p=e-2) a Report of PTC System Performance on Form FRA F 6180.152, which shall be submitted on or before the applicable due date set forth in [paragraph (3)](#m-3) and contain the information described in [paragraph (2)](#m-2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad’s positive train control Implementation Plan described in [subsection (a)(1)](#a-1).
  - (2) **Required information.—** Each report submitted pursuant to [paragraph (1)](#m-1) shall include, for the applicable reporting period—
    - (A) the number of [positive train control system](#i-5) initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the communications subsystem, the back office subsystem, or a non-positive train control component;
    - (B) the number of [positive train control system](#i-5) cut outs, disaggregated by each component listed in [subparagraph (A)](#m-2-A) that was the source or cause of such cut outs;
    - (C) the number of [positive train control system](#i-5) malfunctions, disaggregated by each component listed in [subparagraph (A)](#m-2-A) that was the source or cause of such malfunctions;
    - (D) the number of enforcements by the [positive train control system](#i-5);
    - (E) the number of enforcements by the [positive train control system](#i-5) in which it is reasonable to assume an accident or incident was prevented;
    - (F) the number of scheduled attempts at initialization of the [positive train control system](#i-5);
    - (G) the number of train miles governed by the [positive train control system](#i-5); and
    - (H) a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic issues and specific problems.
  - (3) **Due dates.—**
    - (A) **In general.—** Except as provided in [subparagraph (B)](#m-3-B), each host railroad shall electronically submit the report required under [paragraph (1)](#m-1) not later than—
      - (i) April 30, for the period from January 1 through March 31;
      - (ii) July 31, for the period from April 1 through June 30;
      - (iii) October 31, for the period from July 1 through September 30; and
      - (iv) January 31, for the period from October 1 through December 31 of the prior calendar year.
    - (B) **Frequency reduction.—** Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in [paragraph (1)](#m-1) to not less frequently than twice per year, unless the Secretary—
      - (i) determines that quarterly reporting is in the public interest; and
      - (ii) publishes a justification for such determination in the Federal Register.
  - (4) **Tenant railroads.—** Each tenant railroad that operates on a host railroad’s positive train control-governed [main line](#i-4) and is not currently subject to an exception under [section 236.1006(b) of title 49, Code of Federal Regulations](/cfr/49/236.1006.md?p=b), shall submit the information described in [paragraph (2)](#m-2) to each applicable host railroad on a continuous basis.
  - (5) **Enforcements.—** Any railroad operating a [positive train control system](#i-5) classified under Federal Railroad Administration Type Approval number FRA–TA–2010–001 or FRA–TA–2013–003 shall begin submitting the metric required under [paragraph (2)(D)](#m-2-D) not later than January 31, 2023.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be preceded by “subsection”.

## Source credit

(Added Pub. L. 110–432, div. A, title I, § 104(a), Oct. 16, 2008, 122 Stat. 4856; amended Pub. L. 114–73, title I, § 1302(b), (c), Oct. 29, 2015, 129 Stat. 576, 582; Pub. L. 114–94, div. A, title XI, § 11315(d), Dec. 4, 2015, 129 Stat. 1675; Pub. L. 117–58, div. B, title II, § 22414, Nov. 15, 2021, 135 Stat. 744.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015, referred to in subsecs. (a)(1), (g)(2), and (j)(1), is the date of enactment of section 1302 of Pub. L. 114–73, which was approved Oct. 29, 2015.

The Positive Train Control Enforcement and Implementation Act of 2015, referred to in subsec. (g)(2), (3), is Pub. L. 114–73, title I, § 1302, Oct. 29, 2015, 129 Stat. 576, which amended this section and enacted provisions set out as a note under section 20101 of this title. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 20101 of this title and Tables.

The date of the enactment of this Act, referred to in subsec. (k), probably means the date of enactment of section 1302 of Pub. L. 114–73, known as the Positive Train Control Enforcement and Implementation Act of 2015, which enacted subsec. (k) and was approved Oct. 29, 2015.

The date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (m)(3)(B), is the date of enactment of title II of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021.

### Amendments

2021—Subsec. (m). Pub. L. 117–58 added subsec. (m).

2015—Subsec. (a)(1). Pub. L. 114–73, § 1302(b)(1)(A)–(D), in introductory provisions, substituted “90 days after the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015” for “18 months after the date of enactment of the Rail Safety Improvement Act of 2008”, “a revised plan for implementing” for “a plan for implementing”, and “December 31, 2018” for “December 31, 2015” and struck out “develop and” before “submit to the Secretary of Transportation”.

Subsec. (a)(1)(B). Pub. L. 114–73, § 1302(b)(1)(E), substituted “defined in sections” for “defined in parts”.

Subsec. (a)(2), (3). Pub. L. 114–73, § 1302(b)(2), added pars. (2) and (3) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “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.”

Subsecs. (c) to (e). Pub. L. 114–73, § 1302(b)(3), added subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which related, respectively, to review and approval of plans, progress report on implementation of positive train control systems, and enforcement of section.

Subsec. (g). Pub. L. 114–73, § 1302(c), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).

Subsec. (g)(3). Pub. L. 114–94, § 11315(d)(2), substituted “to conform with this section” for “by paragraph (2) and subsection (k)”.

Subsec. (g)(4). Pub. L. 114–94, § 11315(d)(1), added par. (4).

Subsec. (h). Pub. L. 114–73, § 1302(b)(4), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (i). Pub. L. 114–73, § 1302(b)(5), added pars. (1) and (2) and redesignated former pars. (1) to (3) as (3) to (5), respectively.

Subsecs. (j) to (l). Pub. L. 114–73, § 1302(b)(6), added subsecs. (j) to (l).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.