,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #idji  ,,in ,,the ,,house ,,of  
,,representatives  ,june #bc1 #bjbf,mr4 
,kennedy of ,new ,york 7for himself and 
,mr4 ,lawler7 introduced the following  
bill2 which was referred to the         
,committee on ,transportation and       
,infrastructure  ,a ,,bill  ,to prohibit
 certain operations of remote control   
locomotives1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,remote ,control ,locomotives   
,safety ,improvement ,act of #bjbf4  #b4
 ,limitations on remote control         
locomotives  7a7 ,prohibitions ,a       
railroad carrier may not--  7#a7 operate
 a train outside a yard without a human 
locomotive engineer physically located  
inside the cab of the lead locomotive   
who has the ability to take control of  
the operation of the train2 or  7#b7    
operate a remote control locomotive on a
 main line4  7b7 ,requirement for       
operation on a main line  7#a7          
,certified locomotive engineer ,a       

railroad carrier may not operate a train
 on a main line unless such train has a 
lead locomotive with a locomotive cab   
operated by a locomotive engineer       
certified under part #bdj of title #di1 
,code of ,federal ,regulations1 who is  
physically located inside the locomotive
 cab4  7#b7 ,statutory construction     
,nothing in this subsection shall be    
construed to allow a locomotive engineer
 or conductor solely certified under    
part #bdj of title #di1 ,code of        
,federal ,regulations1 as a             
remote-control operator to operate a    
train described in paragraph 7#a74  7c7 
,waiver process ,notwithstanding any    
other provision of ,federal law or      
regulation1 the ,secretary may not waive
 the requirements of this section for-- 
7#a7 a class ,i railroad2  7#b7 a class 
,,ii railroad2 or  7#c7 any train       
operating on track classified as class  
#a or above1 as described in part #bac  
of title #di1 ,code of ,federal         
,regulations4  7d7 ,applicability  7#a7 

,rulemaking requirements ,the           
requirements of section #eec of title   
#e1 ,united ,states ,code1 shall not    
apply to this section4  7#b7 ,effective 
date ,this section shall take effect on 
the date of enactment of this ,act4  #c4
 ,audits and inspections ,the           
,administrator of the ,federal ,railroad
 ,administration shall-- 7#a7 not later 
than #ahj days after the date of        
enactment of this ,act--  7,a7 carry out
 an audit and inspection of each class  
,i railroad2 and  7,b7 take any         
necessary actions to ensure each such   
class ,i railroad is complying with the 
requirements of this ,act2 and  7#b7 not
 later than #a year after the date of   
enactment of this ,act1 carry out       
unscheduled audits and inspections1 as  
necessary1 on any rail carrier covered  
by this ,act that is not a class ,i     
railroad to ensure compliance with the  
requirements of this ,act4  #d4         
,regulatory authority ,except as        
provided for in section #b7;d71 the     

,secretary of ,transportation shall     
issue such regulations as are necessary 
to carry out this ,act1 including any   
updates or conforming changes to part   
#bbi4ae of title #di1 ,code of ,federal 
,regulations4  #e4 ,fines for violations
  7a7 ,penalty ,subject to section      
#bacjd of title #di1 ,united ,states    
,code1 a person violating this ,act or a
 regulation or an order issued by the   
,secretary pursuant to this ,act is     
liable to the ,united ,states           
,government for a civil penalty4 ,a     
separate violation occurs for each day  
the violation continues4  7b7 ,amount   
,the amount of the penalty shall be the 
greater of #a percent of the person's   
annual income or annual operating income
 or #a1jjj1jjj4  7c7 ,process ,the      
requirements in subsections 7a77#c71    
7a77#d71 7b71 and 7c7 of section #bacja 
of title #di1 ,united ,states ,code1    
shall apply to any penalty imposed by   
the ,secretary pursuant to this section4
  #f4 ,definitions ,in this ,act3  7#a7 

,class ,i1 ,,ii1 and ,,iii railroads2   
railroad carrier ,the terms class ,i    
railroad1 class ,,ii railroad1 class    
,,iii railroad1 and railroad carrier    
have the meanings given such terms in   
section #bjajb of title #di1 ,united    
,states ,code4  7#b7 ,lead locomotive   
,the term lead locomotive means the     
first locomotive proceeding in the      
direction of movement4  7#c7 ,locomotive
 cab ,the term locomotive cab means the 
compartment or space on board a         
locomotive where the control stand is   
located and which is normally occupied  
by the engineer when the locomotive is  
operated4  7#d7 ,main line ,the term    
main line means a segment or route of   
railroad tracks over which #e1jjj1jjj or
 more gross tons of railroad traffic is 
transported annually4  7#e7 ,remote     
control locomotive ,the term remote     
control locomotive-- 7,a7 means a remote
 control locomotive that1 through use of
 a radio link1 can be operated by a     
person not physically within the        

locomotive cab2 and  7,b7 does not      
include a locomotive or group of        
locomotives remotely controlled from the
 lead locomotive of a train1 as in a    
distributed power arrangement4  7#f7    
,remote control operator ,the term      
remote control operator means a         
locomotive engineer1 as defined in      
section #bdj4g of title #di1 ,code of   
,federal ,regulations1 certified by a   
railroad to operate remote control      
locomotives pursuant to section #bdj4ajg
 of title #di1 ,code of ,federal        
,regulations4  7#g7 ,train ,the term    
train means #a or more locomotives      
coupled with or without cars1 except    
during switching service4  7#h7 ,yard   
,the term yard means a system of tracks1
 not including main tracks and sidings1 
used for classifying cars1 making-up and
 inspecting trains1 or storing cars and 
equipment4