P.L. 110-432 (Sec. 420)

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,

DIVISION A—RAIL SAFETY

SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE

49.

(a) SHORT TITLE.—This division may be cited as the ‘‘Rail

Safety Improvement Act of 2008’’.

(b) TABLE OF CONTENTS.—The table of contents for this division

is as follows:

SEC. 420. EMPLOYEE SLEEPING QUARTERS.

Section 21106 is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A railroad

carrier’’;

(2) by striking ‘‘sanitary and give those employees and

individuals an opportunity for rest free from the interruptions

caused by noise under the control of the carrier;’’ in paragraph

(1) and inserting ‘‘sanitary, give those employees and individuals

an opportunity for rest free from the interruptions caused

by noise under the control of the carrier, and provide indoor

toilet facilities, potable water, and other features to protect

the health of employees;’’; and

(3) by adding at the end the following:

‘‘(b) CAMP CARS.—Not later than December 31, 2009, any railroad

carrier that uses camp cars shall fully retrofit or replace

such cars in compliance with subsection (a).

‘‘(c) REGULATIONS.—Not later than April 1, 2010, the Secretary

of Transportation, in coordination with the Secretary of Labor,

shall prescribe regulations to implement subsection (a)(1) to protect

the safety and health of any employees and individuals employed

to maintain the right of way of a railroad carrier that uses camp

cars, which shall require that all camp cars comply with those

regulations by December 31, 2010. In prescribing the regulations,

the Secretary shall assess the action taken by any railroad carrier

to fully retrofit or replace its camp cars pursuant to this section.

‘‘(d) COMPLIANCE AND ENFORCEMENT.—The Secretary shall

determine whether a railroad carrier has fully retrofitted or replaced

Deadlines.

Deadline.

49 USC 20109.

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122 STAT. 4894 PUBLIC LAW 110–432—OCT. 16, 2008

a camp car pursuant to subsection (b) and shall prohibit the use

of any non-compliant camp car. The Secretary may assess civil

penalties pursuant to chapter 213 for violations of this section.’’.

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