S.Amdt. 1749

SA 1749. Mrs. FEINSTEIN (for herself and Mrs. Boxer) submitted an
amendment intended to be proposed to amendment SA 1730 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 792, line 5, strike the end quote and insert the
following:
``(3) Exception.--
``(A) In general.--The Secretary may not extend the
deadline under paragraph (1) with respect to segments of
track that the Secretary determines pose the greatest safety
risk to the public and railroad employees, based upon the
areas of track that have been identified in the entity's
positive train control implementation plan under section
236.1011(a)(4) of title 49, Code of Federal Regulations.
``(B) Factors.--In determining whether segments of track
pose the greatest safety risk to the public and railroad
employees, the Secretary shall consider the following factors
with respect to such segments:
``(i) Traffic volume, including tonnage and number of
trains.
``(ii) The presence of mixed passenger and freight traffic,
and the frequency, separation, and direction of travel of
such traffic.
``(iii) The amount of poisonous inhalation hazards and
other hazardous materials.
``(iv) The permissible operating speeds.
``(v) Any topographical features that increase operational
risks.
``(vi) The presence of technologies that reduce the risks,
such as automatic cab signal, automatic train stop, or
automatic train control systems.
``(vii) Any special operating procedures that will be
utilized by the carrier to reduce risks.''.
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