Page:United States Statutes at Large Volume 122.djvu/4883

 12 2 STA T .4860PUBLIC LA W 110 – 4 3 2 —O CT. 16 , 2008 (b)CONF O RMI N GA M E N D MEN T.—Thec h apt e r a n a lysi s fo r chapter 201 isa m en d ed by insertin g after the item relating to section 2011 5 the follo w ing

‘ 201 1 6.Rulemakingproc e s s. ’ ’. SEC.108 . HOUR S - O F -SER VI CE REFOR M . (a) C HA NGE IN D EFINITION OF S IGNA LE M P LO Y EE.—Section 21101( 4 ) is amended by stri k ing ‘ ‘employed by a railroad carrier ’ ’. (b) L IMITATION ON D U TY H OUR S OF TRAIN EMPLOYEES.—Section 2110 3 is amended— (1) by striking s u bsection (a) and inserting the following: ‘‘(a) I N G ENERAL.—E x cept as pro v ided in subsection (d) of this section , a railroad carrier and its officers and agents may not re q uire or allow a train employee to— ‘‘(1) remain on duty, go on duty, wait for deadhead transpor - tation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 2 76 hours— ‘‘(A) on duty ‘‘( B ) waiting for deadhead transportation, or in deadhead transportation from a duty assignment to the place of final release; or ‘‘(C) in any other mandatory service for the carrier; ‘‘(2) remain or go on duty for a period in excess of 12 consecutive hours; ‘‘(3) remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; or ‘‘(4) remain or go on duty after that employee has initiated an on-duty period each day for— ‘‘(A) 6 consecutive days, unless that employee has had at least 4 8 consecutive hours off duty at the employee’s home terminal during which time the employee is unavail- able for any service for any railroad carrier except that— ‘‘(i) an employee may work a seventh consecutive day if that employee completed his or her final period of on-duty time on his or her sixth consecutive day at a terminal other than his or her home terminal; and ‘‘(ii) any employee who works a seventh consecutive day pursuant to subparagraph (i) shall have at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavail- able for any service for any railroad carrier; or ‘‘(B) except as provided in subparagraph (A), 7 consecu- tive days, unless that employee has had at least 72 consecu- tive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier, if— ‘‘(i) for a period of 18 months following the date of enactment of the R ail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective 49USC21 1 0 1.

�