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employee, during the period beginning two 
years after the date of enactment of the Fed-
eral Railroad Safety Improvement Act of 2007. 
‘‘(B) Each railroad carrier shall report to the 
Secretary of Transportation, in accordance with pro-
cedures contained in 49 CFR 228.19, each instance 
within 30 days after the calendar month in which 
the instance occurs that a member of a train or en-
gine crew or other employee engaged in or connected 
with the movement of any train, including a hostler, 
exceeds 12 consecutive hours, including— 
‘‘(i) time on duty; and 
‘‘(ii) time spent waiting for deadhead 
transportation and the time spent in deadhead 
transportation from a duty assignment to the 
place of final release, that is not time on duty. 
‘‘(C) If— 
‘‘(i) the time spent waiting for deadhead 
transportation, and the time spent in deadhead 
transportation from a duty assignment to the 
place of final release, that is not time on duty; 
plus 
‘‘(ii) the time on duty, 
exceeds 12 consecutive hours, the railroad carrier 
and its officers and agents shall provide the train 
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employee with additional time off duty equal to the 
number of hours that such sum exceeds 12 hours.’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 
During a train employee’s minimum off-duty period of 10 
consecutive hours, as provided under subsection (a), or 
during an interim period of at least 4 consecutive hours 
available for rest under subsection (b)(7), a railroad car-
rier, and its managers, supervisors, officers, and agents, 
shall not communicate with the train employee by tele-
phone, by pager, or in any other manner that could dis-
rupt the employee’s rest. Nothing in this subsection shall 
prohibit communication necessary to notify an employee 
of an emergency situation posing potential risks to the em-
ployee’s safety or health.’’. 
SEC. 202. EMPLOYEE SLEEPING QUARTERS. 
Section 21106 of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘A railroad carrier’’; and 
(2) by adding at the end the following new sub-
section: 
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‘‘(b) CAMP CARS.—Effective 12 months after the 
date of enactment of this subsection, a railroad carrier and 
its officers and agents may not provide sleeping quarters 
through the use of camp cars, as defined in Appendix C 
to part 228 of title 49 of the Code of Federal Regulations, 
for employees and any individuals employed to maintain 
the right of way of a railroad carrier.’’. 
SEC. 203. FATIGUE MANAGEMENT PLANS. 
(a) AMENDMENT.—Chapter 211 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 21109. Fatigue management plans 
‘‘(a) PLAN SUBMISSION.— 
‘‘(1) REQUIREMENT.—Each railroad carrier 
shall submit to the Secretary of Transportation, and 
update at least once every 2 years, a fatigue man-
agement plan that is designed to reduce the fatigue 
experienced by railroad employees and to reduce the 
likelihood of accidents and injuries caused by fa-
tigue. The plan shall address the safety effects of fa-
tigue on all employees performing safety sensitive 
functions, including employees not covered by this 
chapter. The plan shall be submitted not later than 
1 year after the date of the enactment of this sec-
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tion, or not later than 45 days prior to commencing 
operations, whichever is later. 
‘‘(2) CONTENTS OF PLAN.—The fatigue man-
agement plan shall— 
‘‘(A) identify and prioritize all situations 
that pose a risk for safety that may be affected 
by fatigue; 
‘‘(B) include the railroad carrier’s— 
‘‘(i) rationale for including and not in-
cluding each element described in sub-
section (b)(2) in the plan; 
‘‘(ii) analysis supporting each element 
included in the plan; and 
‘‘(iii) explanations for how each ele-
ment in the plan will reduce the risk asso-
ciated with fatigue; 
‘‘(C) describe how every condition on the 
railroad carrier’s property, and every type of 
employee, that is likely to be affected by fatigue 
is addressed in the plan; and 
‘‘(D) include the name, title, address, and 
telephone number of the primary person to be 
contacted with regard to review of the plan. 
‘‘(3) APPROVAL.—(A) The Secretary shall re-
view each proposed plan and approve or disapprove 
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such plan based on whether the requirements of this 
section are sufficiently and appropriately addressed 
and the proposals are adequately justified in the 
plan. 
‘‘(B) If the proposed plan is not approved, the 
Secretary shall notify the affected railroad carrier as 
to the specific points in which the proposed plan is 
deficient, and the railroad carrier shall correct all 
deficiencies within 30 days following receipt of writ-
ten notice from the Secretary. If a railroad carrier 
does not submit a plan (or, when directed by the 
Secretary, an amended plan), or if a railroad car-
rier’s amended plan is not approved by the Sec-
retary, the Secretary shall prescribe a fatigue man-
agement plan for the railroad carrier. 
‘‘(4) EMPLOYEE PARTICIPATION.—(A) Each af-
fected railroad carrier shall consult with, and employ 
good faith and use its best efforts to reach agree-
ment by consensus with, all of its directly affected 
employee groups on the contents of the fatigue man-
agement plan, and, except as provided in subpara-
graph (C), shall jointly with such groups submit the 
plan to the Secretary. 
‘‘(B) In the event that labor organizations rep-
resent classes or crafts of directly affected employees 
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of the railroad carrier, the railroad carrier shall con-
sult with these organizations in drafting the plan. 
The Secretary may provide technical assistance and 
guidance to such parties in the drafting of the plan. 
‘‘(C) If the railroad carrier and its directly af-
fected employees (including any labor organization 
representing a class or craft of directly affected em-
ployees of the railroad carrier) cannot reach con-
sensus on the proposed contents of the plan, then— 
‘‘(i) the railroad carrier shall file the plan 
with the Secretary; and 
‘‘(ii) directly affected employees and labor 
organizations representing a class or craft of di-
rectly affected employees may, at their option, 
file a statement with the Secretary explaining 
their views on the plan on which consensus was 
not reached. 
‘‘(b) ELEMENTS
OF
THE FATIGUE MANAGEMENT 
PLAN.— 
‘‘(1) 
CONSIDERATION
OF
VARYING
CIR-
CUMSTANCES.—Each plan filed with the Secretary 
under the procedures of subsection (a) shall take 
into account the varying circumstances of operations 
by the railroad carrier on different parts of its sys-
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