[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6519 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6519

To amend title 49, United States Code, with respect to hours of service 
                     rules for railroad employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2010

 Mr. Oberstar introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, with respect to hours of service 
                     rules for railroad employees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Hours of Service Act of 
2010''.

SEC. 2. REDESIGNATIONS.

    Chapter 211 of title 49, United States Code, is amended by 
redesignating sections 21101 through 21109 as sections 21102 through 
21110, respectively.

SEC. 3. PURPOSE.

    Chapter 211 of title 49, United States Code, is further amended by 
inserting before section 21102 (as so redesignated by section 2 of this 
Act) the following:
``Sec. 21101. Purpose
    ``Railroad employees covered by this chapter shall be provided 
predictable and defined work and rest periods.''.

SEC. 4. DEFINITIONS.

    Section 21102 (as so redesignated by section 2 of this Act) of 
chapter 211 of title 49, United States Code, is amended--
            (1) in paragraph (5), by inserting ``and yardmaster 
        employee'' before the period; and
            (2) by adding at the end the following:
            ``(6) `yardmaster employee' means an employee who 
        supervises and coordinates the activities of workers engaged in 
        railroad traffic operations, including making up or breaking up 
        trains and switching inbound or outbound traffic.''.

SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE 
              REGIME.

    Section 21103(c) (as so redesignated by section 2 of this Act) of 
chapter 211 of title 49, United States Code is amended--
            (1) in paragraph (1)(A), by striking ``21109(b)'' and 
        inserting ``21110(b)'';
            (2) in paragraph (3), by striking ``21109(b)'' and 
        inserting ``21110(b)'';
            (3) by striking subparagraph (C) of paragraph (4);
            (4) by redesignating subparagraph (D) of paragraph (4) as 
        subparagraph (B); and
            (5) by striking ``new section 21103'' each place it appears 
        and inserting ``section 21104''.

SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.

    Section 21104 (as so redesignated by section 2 of this Act) of 
chapter 211 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) by striking ``remain or go on duty 
                        unless'' and inserting ``initiate an on duty 
                        period unless''; and
                            (ii) by striking ``during the prior 24 
                        hours; or'' and inserting ``immediately prior 
                        to going on duty; or'';
                    (B) in paragraph (4)(A)--
                            (i) in clause (i), by striking ``work'' and 
                        inserting ``initiate an on duty period''; and
                            (ii) in clause (ii), by striking ``works'' 
                        and inserting ``initiates an on duty period 
                        on''; and
                    (C) in the matter after paragraph (4) by inserting 
                ``For purposes of paragraph (4)(A) and (B), within 12 
                months after the date of enactment of the Railroad 
                Hours of Service Act of 2010, the Secretary shall 
                prescribe regulations to require all deadhead 
                transportation in excess of a specific number of hours 
                to be counted as time on duty and shall reset the 
                calendar day clock.'' before ``The Secretary may 
                waive'';
            (2) in subsection (b)(7), by striking ``when the employee 
        is prevented'' and all that follows through ``employee left the 
        designated terminal.'' and inserting ``. A train employee shall 
        be notified before going off duty whether such period off duty 
        is an interim release.''; and
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A)(ii), by striking ``and'' at 
                the end;
                    (B) in subparagraph (B)(ii), by striking ``21109.'' 
                and inserting ``21110; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) to exceed 2 hours in deadhead transportation 
                per each tour of duty.''.

SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.

    Section 21105 (as so redesignated by section 2 of this Act) of 
chapter 211 of title 49, United States Code, is amended--
            (1) in subsection (b)(2), by inserting ``, including all 
        work where there is a potential to interact or otherwise come 
        into contact with safety-critical devices or circuits,'' before 
        ``is time on duty'';
            (2) in subsection (e), by adding at the end the following: 
        ``Signal employees operating motor vehicles requiring a 
        commercial driver's license while on duty shall be considered 
        covered service.''; and
            (3) by adding at the end the following new subsection:
    ``(f) Safety-Critical Devices or Circuits.--Time on duty shall 
include all work where there is a potential to interact or otherwise 
come into contact with safety-critical devices or circuits.''.

SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND 
              YARDMASTER EMPLOYEES.

    Section 21106 (as so redesignated by section 2 of this Act) of 
chapter 211 of title 49, United States Code, is amended--
            (1) in the section heading by inserting ``and yardmaster 
        employees'' after ``service employees'';
            (2) in subsection (a)--
                    (A) by striking ``21103 or 21104'' and inserting 
                ``21104 or 21105''; and
                    (B) by inserting ``or yardmaster employee'' after 
                ``service employee'';
            (3) in subsection (b), by inserting ``or yardmaster 
        employee'' after ``a dispatching service employee'';
            (4) in subsection (c), by adding at the end the following: 
        ``All commingle service involving yardmaster service and 
        dispatcher service mixing with freight service shall be covered 
        under the provisions of section 21104.''; and
            (5) in subsection (d), by inserting ``or yardmaster 
        employee'' after ``dispatching service employee''.

SEC. 9. CLERICAL AMENDMENT.

    Chapter 211 of title 49, United States Code, is further amended by 
amending the table of sections at the beginning of the chapter to read 
as follows:

``Sec.
``21101. Purpose.
``21102. Definitions.
``21103. Nonapplication, exemption, and alternate hours of service 
                            regime.
``21104. Limitations on duty hours of train employees.
``21105. Limitations on duty hours of signal employees.
``21106. Limitations on duty hours of dispatching service employees and 
                            yardmaster employees.
``21107. Limitations on employee sleeping quarters.
``21108. Maximum duty hours and subjects of collective bargaining.
``21109. Pilot projects.
``21110. Regulatory authority.''.
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