6. Assignment of Proceeding

John A. Bohn is the assigned Commissioner and Kimberly Kim is the assigned Administrative Law Judge in this proceeding.

1. On November 25, 2008, the Commission issued R.08-11-017 to determine whether intrastate commuter rail systems operating in California should implement a collision-avoidance safety system and, if so, what the minimum scope of such a safety system should be.

2. Since the issuance of R.08-11-017, the Congress passed RSIA, which required, by 2015, the nation's rail industry (operating the freight trains and commuter passenger trains) on these shared tracks must install an advanced collision-avoidance system, referred to as positive train control system, to prevent train-to-train collisions resulting from human or mechanical errors.

3. The Commission's CPSD has also prepared and submitted a report and recommendation titled the Commuter Rail Collision-Avoidance Report in R.08-11-017, dated December 15, 2009, and recommends that the Commission take no further action concerning implementation of collision-avoidance systems for commuter rail systems operating in California.

Conclusions of Law

1. It is no longer necessary for the Commission to take action in this proceeding, R.08-11-017, because federal law requires each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation to install a positive train control system (an advanced collision avoidance system) by December 31, 2015 .

2. The Commission should adopt CPSD's recommendation and close the proceeding immediately for administrative efficiency.

ORDER

IT IS ORDERED that this proceeding is closed.

This order is effective today.

Dated November 19, 2010, at San Francisco, California.

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