Indeed, freight and commuter rail officials speak as if there never was any plan to complete their work on the technology known as positive train control, or PTC, by December 31.
Congress required in 2008 that railroads adopt PTC and gave them seven years to do the job. When it became clear that wasn't enough, Congress gave them another three years.
The discussion then was that a few railroads might need even more than three extra years, and provisions were added to the legislation to allow railroads that showed substantial progress, but couldn't meet the new deadline, the ability to obtain extensions of up to two additional years.
The Transportation Department has little choice but to grant the extensions as long as railroads meet the milestones, said Kathryn Kirmayer, the Association of American Railroads' general counsel. One milestone is that freight railroads have PTC in operation on half their route miles where it's required.
"By the end of 2020 is the absolute deadline everybody has to have it installed and implemented, which means operating everywhere they are required to have it operating," she said.
Congress never intended the extensions be used "to allow railroads that have dragged their feet to just blow off the mandate," said Rep. Peter DeFazio of Oregon, the House transportation committee's senior Democrat. Sen. Bill Nelson of Florida, the Senate commerce committee's senior Democrat, said, "Every railroad should be taking the recent deadly train accidents seriously and doing everything they can to meet the 2018 deadline."
Reports filed with the Federal Railroad Administration show some railroads have nearly completed their work, while others have made little progress.
Randy Clarke, the American Public Transportation Association's vice president for operations, said three or four of the nation's 27 commuter railroads have already received extensions past Dec. 31 and more extensions are expected.
The National Transportation Safety Board has said the technology could have prevented a collision between an Amtrak train and an out-of-service CSX freight train on Sunday near Cayce, South Carolina, and the derailment of an Amtrak train in December near Olympia, Washington. Five people were killed and dozens more injured in the two crashes.
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