P.L. 110-432 (Sec. 21109)

PUBLIC LAW 110–432—OCT. 16, 2008

FEDERAL RAIL SAFETY IMPROVEMENTS

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122 STAT. 4848 PUBLIC LAW 110–432—OCT. 16, 2008

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

‘‘§ 21109. Regulatory authority

‘‘(a) IN GENERAL.—In order to improve safety and reduce

employee fatigue, the Secretary may prescribe regulations—

‘‘(1) to reduce the maximum hours an employee may be

required or allowed to go or remain on duty to a level less

than the level established under this chapter;

‘‘(2) to increase the minimum hours an employee may be

required or allowed to rest to a level greater than the level

established under this chapter;

‘‘(3) to limit or eliminate the amount of time an employee

spends waiting for deadhead transportation or in deadhead

transportation from a duty assignment to the place of final

release that is considered neither on duty nor off duty under

this chapter;

‘‘(4) for signal employees—

‘‘(A) to limit or eliminate the amount of time that

is considered to be neither on duty nor off duty under

this chapter that an employee spends returning from an

outlying worksite after scheduled duty hours or returning

from a trouble call to the employee’s headquarters or

directly to the employee’s residence; and

‘‘(B) to increase the amount of time that constitutes

a release period, that does not break the continuity of

service and is considered time off duty; and

‘‘(5) to require other changes to railroad operating and

scheduling practices, including unscheduled duty calls, that

could affect employee fatigue and railroad safety.

‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN

EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD

CARRIERS.—Within 3 years after the date of enactment of the Rail

Safety Improvement Act of 2008, the Secretary shall prescribe regulations

and issue orders to establish hours of service requirements

for train employees engaged in commuter rail passenger transportation

and intercity rail passenger transportation (as defined in

section 24102 of this title) that may differ from the requirements

of this chapter. Such regulations and orders may address railroad

operating and scheduling practices, including unscheduled duty

calls, communications during time off duty, and time spent waiting

for deadhead transportation or in deadhead transportation from

a duty assignment to the place of final release, that could affect

employee fatigue and railroad safety.

‘‘(c) CONSIDERATIONS.—In issuing regulations under subsection

(a) the Secretary shall consider scientific and medical research

related to fatigue and fatigue abatement, railroad scheduling and

operating practices that improve safety or reduce employee fatigue,

a railroad’s use of new or novel technology intended to reduce

or eliminate human error, the variations in freight and passenger

railroad scheduling practices and operating conditions, the variations

in duties and operating conditions for employees subject

to this chapter, a railroad’s required or voluntary use of fatigue

management plans covering employees subject to this chapter, and

any other relevant factors.

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