I 111th CONGRESS 2d Session H. R. 6519 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.

1.

Short title

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

2.

Redesignations

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

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:

21101.

Purpose

Railroad employees covered by this chapter shall be provided predictable and defined work and rest periods.

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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. .

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.

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. .

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. .

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.

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. .