3. Discussion

The Commission initially instituted this rulemaking to consider the effectiveness of current technological options and the economic and logistical feasibility of implementing collision-avoidance systems on the intrastate commuter rail systems operating in California. That issue has become largely moot, as discussed below.

3.1. Rail Safety Improvement Act of 2008

Immediately following the Chatsworth tragedy, Congress passed the Rail Safety Improvement Act of 2008 (RSIA, signed by President Obama on October 16, 2008, as Public Law 110-432). In part, RSIA requires that each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation must install a positive train control system (PTC), an advanced collision avoidance system, by December 31, 2015. As stated by Senator Feinstein, "[i]f Positive Train Control had been in place on Metrolink on September 12^th, I believe 25 people would still be alive today."⁶

3.2. Positive Train Control

PTC refers to a type of collision avoidance technology that combines digital communications with global positioning system technology to monitor train locations and speeds. PTC provides train crews, wayside workers, and central dispatch offices with up-to-the-minute location of trains at all times and allows computerized speed and brake applications in advance of difficult or dangerous circumstances. For instance, if an engineer fails to comply with signals sent from instruments along the tracks, an electronic device in the train's cab automatically applies the brakes. PTC therefore is capable of preventing train-to-train collisions, over-speed derailments, and casualties or injuries to roadway workers (e.g., maintenance-of-way workers, bridge workers, and signal maintainers) operating within their limits of authority as a result of unauthorized incursion by a train. Experts have stated that such a fail-safe system would greatly improve train safety, especially in areas such as Southern California, where many miles of track are shared by both commuter lines and freight carriers heading to and from the busy Port of Los Angeles.

PTC systems vary widely in complexity and sophistication based on the level of automation and functionality they implement, the system architecture utilized, the wayside system upon which they are based (i.e., non-signaled, block signal, cab signal, etc.), and the degree of train control they are capable of assuming.

At the present time and in response to RSIA, the affected rail industry is aggressively pursuing development of the PTC implementation plans required by the RSIA, to implement the individual PTC systems which can operate most effectively with optimal interoperability.

3.3. Federal Railroad Administration

The Federal Railroad Administration (FRA) has taken the federal government lead on supporting rail carriers that have statutory reporting and PTC installation requirements. FRA is also working to develop a new performance-based federal regulation to address the various statutory requirements of the RSIA and to better support railroads that must install PTC systems. This new regulation is being crafted to ensure, among other things, uniform system safety throughout the nation's railways.

3.4. Consumer Protection and Safety Division

CPSD, in response to R.08-11-017, submitted a report and recommendation titled Commuter Rail Collision-Avoidance Report in R.08-11-017, dated December 15, 2009 (Report). Therein, CPSD examined, compared and analyzed competing collision avoidance technologies and ultimately concluded that PTC is the superior technology amongst the collision-avoidance technology alternatives currently available, stating that PTC technology is "the single most appropriate and effective collision-avoidance system for commuter rail systems operating in California."

Since the RSIA already requires the nation's Class I railroads and commuter rail systems to implement PTC by the end of 2015, no further Commission directive in that regard is necessary. The Class I freight railroads operating in California, i.e., BNSF Railway and UP, are committed to implementation of PTC in the Los Angeles Basin by December 31, 2012, and the remainder of the state-as well as the country as a whole-by December 31, 2015.⁷

Aside from its collision-avoidance technology analysis and recommendations, CPSD recommended that the Commission 1) ban cell phones and other personal electronic devices (PEDs) in the locomotive cabs and in cab cars, 2) require installation of inward-facing video cameras in the locomotive cabs and cab-cars, and 3) request FRA to rescind FRA's waiver of its Delayed in Block signage requirements.⁸ We deem these latter recommendations to either outside the scope of this OIR or unnecessary for us to decide here.

With reference to the PED issue, FRA has already adopted a permanent order banning PEDs in specified railroad operations including locomotives and operating cabs.⁹ In addition, in 2008, the Commission opened a separate OIR, R.08-10-007, to consider adoption of a General Order relating to PED use on rail transit systems.¹⁰ As for the inward-facing cameras issue, the Commission is already considering the potential requirements for inward-facing cameras, in the currently pending parallel proceeding, R.08-10-007.

With reference to the Delayed in Block signage recommendation, CPSD recommends that the Commission request FRA to withdraw or rescind FRA's commuter rail system waivers of Emergency Order No. 20, Notice No. 2. CPSD advises that such a rescission of FRA waiver will result in additional signage and safety enhancement during the interim period before PTC implementation. We believe it is a good idea. However, the Commission currently has no proceeding designed specifically to address the above Delayed in Block recommendation, and Metrolink is currently planning to voluntarily install those signs, which largely addresses the underlying concern leading to that recommendation.

Thus, the only outstanding issue for this OIR is what, if anything else, should the Commission require the intrastate passenger commuter rail agencies to do in the interim until the PTC systems are fully implemented, by or before 2015. CPSD recommends that the Commission support the rail industries' current focus, directed resources, and efforts toward development and implementation of the complex PTC systems. To assist the expeditious and thoughtful implementation of PTC systems and the much needed improvement of rail safety, CPSD recommends that the Commission not take any action that would impede or delay implementation of the PTC systems mandated by RSIA. We agree.

⁶ Senator Diane Feinstein's testimony at the Metrolink hearing held on October 8, 2008 at http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.FeinsteininNews&ContentRecord_id=2da49ace-5056-8059-76f3-ffb1c605360f&Region_id=&Issue_id=.

⁷ Report at 4.

⁸ In 1996, FRA issued Emergency Order No. 20, Notice 1 (61 Fed. Reg. 6876 (Feb. 22, 1996), http://www.fra.dot.gov/downloads/safety/eo20.pdf at 2.), and Notice No. 2 (61 Fed. Reg. 8703 (March 5, 1996), at http://www.fra.dot.gov/downloads/safety/eo20_n2.pdf.). Notice No. 1 required commuter railroads follow the train delayed in block rule, which in short provided that the railroads do the following:

... adopt and comply with an operating rule requiring that, when a passenger train stops for any reason, including a station stop, or its speed is reduced below 10 m.p.h., the train shall proceed under any speed limitations set forth in applicable railroad operating rules, and in addition, must be prepared to stop before passing the next signal; the train must maintain the prescribed speed until the next wayside signal is clearly visible and that signal displays a proceed indication, and the track to that signal is clear....

Notice No. 2, added a requirement for related signs: "... that appropriate signs be installed at each affected signal and at the departure end of stations." Metrolink implemented the delay-in-block rule but, like most (but not all) of the commuter railroads, obtained a waiver from the FRA for the installation of signs.

9 FRA's final PTC rule was published in the Federal Register January 15, 2010, and the rule became effective March 16, 2010. Amendments prompted by comments to the final rule were published September 27, 2010, and become effective November 26, 2010. See http://edocket.access.gpo.gov/2010/2010-24102.htm.

¹⁰ R.08-10-007, Order Instituting Rulemaking to determine whether the temporary measures adopted in Resolution SX-88 or other measures banning personal use of electronic devices by rail transit personnel should be adopted on a permanent basis. Filed and effective on October 16, 2008.