I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Railroad Hours of 

5 Service Act of 2010’’. 

6 SEC. 2. REDESIGNATIONS. 

7 Chapter 211 of title 49, United States Code, is 

8 amended by redesignating sections 21101 through 21109 

9 as sections 21102 through 21110, respectively. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 6519 IH

1 SEC. 3. PURPOSE. 

2 Chapter 211 of title 49, United States Code, is fur3 ther amended by inserting before section 21102 (as so re4 designated by section 2 of this Act) the following: 

5 ‘‘§ 21101. Purpose 

6 ‘‘Railroad employees covered by this chapter shall be 

7 provided predictable and defined work and rest periods.’’. 

8 SEC. 4. DEFINITIONS. 

9 Section 21102 (as so redesignated by section 2 of this 

10 Act) of chapter 211 of title 49, United States Code, is 

11 amended— 

12 (1) in paragraph (5), by inserting ‘‘and 

13 yardmaster employee’’ before the period; and 

14 (2) by adding at the end the following: 

15 ‘‘(6) ‘yardmaster employee’ means an employee 

16 who supervises and coordinates the activities of 

17 workers engaged in railroad traffic operations, in18 cluding making up or breaking up trains and switch19 ing inbound or outbound traffic.’’. 

20 SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE 

21 HOURS OF SERVICE REGIME. 

22 Section 21103(c) (as so redesignated by section 2 of 

23 this Act) of chapter 211 of title 49, United States Code 

24 is amended— 

25 (1) in paragraph (1)(A), by striking 

26 ‘‘21109(b)’’ and inserting ‘‘21110(b)’’; 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 6519 IH

1 (2) in paragraph (3), by striking ‘‘21109(b)’’ 

2 and inserting ‘‘21110(b)’’; 

3 (3) by striking subparagraph (C) of paragraph 

4 (4); 

5 (4) by redesignating subparagraph (D) of para6 graph (4) as subparagraph (B); and 

7 (5) by striking ‘‘new section 21103’’ each place 

8 it appears and inserting ‘‘section 21104’’. 

9 SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOY10 EES. 

11 Section 21104 (as so redesignated by section 2 of this 

12 Act) of chapter 211 of title 49, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (3)— 

16 (i) by striking ‘‘remain or go on duty 

17 unless’’ and inserting ‘‘initiate an on duty 

18 period unless’’; and 

19 (ii) by striking ‘‘during the prior 24 

20 hours; or’’ and inserting ‘‘immediately 

21 prior to going on duty; or’’; 

22 (B) in paragraph (4)(A)— 

23 (i) in clause (i), by striking ‘‘work’’ 

24 and inserting ‘‘initiate an on duty period’’; 

25 and 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 6519 IH

1 (ii) in clause (ii), by striking ‘‘works’’ 

2 and inserting ‘‘initiates an on duty period 

3 on’’; and 

4 (C) in the matter after paragraph (4) by 

5 inserting ‘‘For purposes of paragraph (4)(A) 

6 and (B), within 12 months after the date of en7 actment of the Railroad Hours of Service Act 

8 of 2010, the Secretary shall prescribe regula9 tions to require all deadhead transportation in 

10 excess of a specific number of hours to be 

11 counted as time on duty and shall reset the cal12 endar day clock.’’ before ‘‘The Secretary may 

13 waive’’; 

14 (2) in subsection (b)(7), by striking ‘‘when the 

15 employee is prevented’’ and all that follows through 

16 ‘‘employee left the designated terminal.’’ and insert17 ing ‘‘. A train employee shall be notified before 

18 going off duty whether such period off duty is an in19 terim release.’’; and 

20 (3) in subsection (c)(1)— 

21 (A) in subparagraph (A)(ii), by striking 

22 ‘‘and’’ at the end; 

23 (B) in subparagraph (B)(ii), by striking 

24 ‘‘21109.’’ and inserting ‘‘21110; and’’; and 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 6519 IH

1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) to exceed 2 hours in deadhead trans4 portation per each tour of duty.’’. 

5 SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOY6 EES. 

7 Section 21105 (as so redesignated by section 2 of this 

8 Act) of chapter 211 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (b)(2), by inserting ‘‘, includ11 ing all work where there is a potential to interact or 

12 otherwise come into contact with safety-critical de13 vices or circuits,’’ before ‘‘is time on duty’’; 

14 (2) in subsection (e), by adding at the end the 

15 following: ‘‘Signal employees operating motor vehi16 cles requiring a commercial driver’s license while on 

17 duty shall be considered covered service.’’; and 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(f) SAFETY-CRITICAL DEVICES OR CIRCUITS.— 

21 Time on duty shall include all work where there is a poten22 tial to interact or otherwise come into contact with safety23 critical devices or circuits.’’. 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 6519 IH

1 SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING 

2 SERVICE EMPLOYEES AND YARDMASTER EM3 PLOYEES. 

4 Section 21106 (as so redesignated by section 2 of this 

5 Act) of chapter 211 of title 49, United States Code, is 

6 amended— 

7 (1) in the section heading by inserting ‘‘and 

8 yardmaster employees’’ after ‘‘service em9 ployees’’; 

10 (2) in subsection (a)— 

11 (A) by striking ‘‘21103 or 21104’’ and in12 serting ‘‘21104 or 21105’’; and 

13 (B) by inserting ‘‘or yardmaster employee’’ 

14 after ‘‘service employee’’; 

15 (3) in subsection (b), by inserting ‘‘or 

16 yardmaster employee’’ after ‘‘a dispatching service 

17 employee’’; 

18 (4) in subsection (c), by adding at the end the 

19 following: ‘‘All commingle service involving 

20 yardmaster service and dispatcher service mixing 

21 with freight service shall be covered under the provi22 sions of section 21104.’’; and 

23 (5) in subsection (d), by inserting ‘‘or 

24 yardmaster employee’’ after ‘‘dispatching service em25 ployee’’. 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 6519 IH

1 SEC. 9. CLERICAL AMENDMENT. 

2 Chapter 211 of title 49, United States Code, is fur3 ther amended by amending the table of sections at the 

4 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.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS