113 HR 4576 IH: To require the Secretary of Transportation to establish and implement a fatigue management plan, and for other purposes. U.S. House of Representatives 2014-05-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 2d Session H. R. 4576 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Ms. DeLauro (for herself, Ms. Esty, Mr. Himes, and Mr. Sean Patrick Maloney of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Secretary of Transportation to establish and implement a fatigue management plan, and for other purposes.

1.

Functioning alerter

Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to ensure that all controlling locomotives operated at speeds in excess of 25 mph, regardless of the date on which the locomotive is placed in service for the first time, are equipped with a functioning alerter as described in paragraphs (b) through (d) of section 229.140 of title 49, Code of Federal Regulations.

2.

Fatigue management plan

(a)

In general

Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall require all railroad carriers to establish and implement a fatigue management plan that identifies and evaluates any fatigue related railroad safety hazards on its system and determine the degree of risk associated with each hazard. (b)

Contents

The plan required under subsection (a) shall— (1)be completed in accordance with the requirements in section 20156(f) of title 49, United States Code; and (2)include consideration of sleep disorders, continuing treatment, and management of those risks in order to reduce fatigue experienced by operating railroad employees. (c)

Submission

The plan required under subsection (a) shall be submitted to the Secretary for approval. (d)

Consensus

In preparing the plan required under subsection (a), each railroad shall use good faith and best efforts in accordance with section 20156(g) of such title to reach an agreement with affected employees.

3.

Positive train control report

(a)

Report

Not later than 6 months after the date of enactment of this Act, and biannually thereafter, the Secretary of Transportation shall require any railroad carrier implementing a positive train control system in accordance with section 20157 of title 49, United States Code, to submit to the Secretary a report regarding the status of the progress of the implementation. (b)

Submission to Congress

Upon receipt of the report under subsection (a), the Secretary shall submit the report to Congress.

4.

Redundant signal protection

Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

5.

Hours of service

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall ensure that railroad carriers provide railroad employees with predictable and defined work and rest schedules. Predictable work schedules for railroad employees means either a defined start time or a minimum of 10 hours prior notification before being required to report to duty. (b)

Supplemental regulation

Any requirement under subsection (a) shall supplement, and not supplant, the requirements of section 21103 of title 49, United States Code.