I 

113TH CONGRESS 

2D SESSION H. R. 4576 

To require the Secretary of Transportation to establish and implement a 

fatigue management plan, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2014 

Ms. DELAURO (for herself, Ms. ESTY, Mr. HIMES, and Mr. SEAN PATRICK

MALONEY of New York) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To require the Secretary of Transportation to establish and 

implement a fatigue management plan, and for other 

purposes. 

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

3 SECTION 1. FUNCTIONING ALERTER. 

4 Not later than 30 days after the date of enactment 

5 of this Act, the Secretary of Transportation shall issue 

6 such regulations as are necessary to ensure that all con7 trolling locomotives operated at speeds in excess of 25 

8 mph, regardless of the date on which the locomotive is 

9 placed in service for the first time, are equipped with a 


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1 functioning alerter as described in paragraphs (b) through 

2 (d) of section 229.140 of title 49, Code of Federal Regula3 tions. 

4 SEC. 2. FATIGUE MANAGEMENT PLAN. 

5 (a) IN GENERAL.—Not later than 60 days after the 

6 date of enactment of this Act, the Secretary of Transpor7 tation shall require all railroad carriers to establish and 

8 implement a fatigue management plan that identifies and 

9 evaluates any fatigue related railroad safety hazards on 

10 its system and determine the degree of risk associated 

11 with each hazard. 

12 (b) CONTENTS.—The plan required under subsection 

13 (a) shall— 

14 (1) be completed in accordance with the re15 quirements in section 20156(f) of title 49, United 

16 States Code; and 

17 (2) include consideration of sleep disorders, 

18 continuing treatment, and management of those 

19 risks in order to reduce fatigue experienced by oper20 ating railroad employees. 

21 (c) SUBMISSION.—The plan required under sub22 section (a) shall be submitted to the Secretary for ap23 proval. 

24 (d) CONSENSUS.—In preparing the plan required 

25 under subsection (a), each railroad shall use good faith 


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1 and best efforts in accordance with section 20156(g) of 

2 such title to reach an agreement with affected employees. 

3 SEC. 3. POSITIVE TRAIN CONTROL REPORT. 

4 (a) REPORT.—Not later than 6 months after the date 

5 of enactment of this Act, and biannually thereafter, the 

6 Secretary of Transportation shall require any railroad car7 rier implementing a positive train control system in ac8 cordance with section 20157 of title 49, United States 

9 Code, to submit to the Secretary a report regarding the 

10 status of the progress of the implementation. 

11 (b) SUBMISSION TO CONGRESS.—Upon receipt of the 

12 report under subsection (a), the Secretary shall submit the 

13 report to Congress. 

14 SEC. 4. REDUNDANT SIGNAL PROTECTION. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Secretary of Transportation shall issue 

17 such regulations as are necessary to require that on-track 

18 safety programs, as described in subpart C of part 214 

19 of title 49, Code of Federal Regulations, include requiring 

20 implementation of redundant signal protection, such as 

21 shunting, for maintenance-of-way work crews who depend 

22 on a train dispatcher to provide signal protection. 

23 SEC. 5. HOURS OF SERVICE. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary of TransporVerDate Mar 15 2010 23:38 May 07, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.IH H4576

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1 tation shall ensure that railroad carriers provide railroad 

2 employees with predictable and defined work and rest 

3 schedules. Predictable work schedules for railroad employ4 ees means either a defined start time or a minimum of 

5 10 hours prior notification before being required to report 

6 to duty. 

7 (b) SUPPLEMENTAL REGULATION.—Any require8 ment under subsection (a) shall supplement, and not sup9 plant, the requirements of section 21103 of title 49, 

10 United States Code. 

Æ 


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