12 2 STA T .486 1 PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 2008 barg a in ing agr e e m en ts entere d int o d u ring su chp eriod e x press ly pro v ide f or such a schedule
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‘ ( ii ) such a schedule is provided for by a pilot program authori z ed by a collective bargaining agree - ment; or ‘‘(iii) such a schedule is provided for by a pilot program under section 21 1 08 of this chapter related to employees ’w or k and rest cycles .T he S ecretary may waive paragraph ( 4 ) , consistent with the proce- dural re q uirements of section 2010 3 , if a collective bargaining agree- ment provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.’’; (2) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following
‘‘(c) LIMBO TIM E LIMI TA TIO N AN DA DDITIONA LR E S TRE QU I R E- MENT. — ‘‘(1) A railroad carrier may not require or allow an employee— ‘‘(A) to exceed a total of 40 hours per calendar month spent— ‘‘(i) waiting for deadhead transportation; or ‘‘(ii) in deadhead transportation from a duty assignment to the place of final release, following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period from the date of enactment of the Rail Safety I mprovement Act of 2008 to one year after such date of enactment; and ‘‘( B ) to exceed a total of 30 hours per calendar month spent— ‘‘(i) waiting for deadhead transportation; or ‘‘(ii) in deadhead transportation from a duty assignment to the place of final release, following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 2110 9 . ‘‘(2) The limitations in paragraph (1) shall apply unless the train carrying the employee is directly delayed by— ‘‘(A) a casualty; ‘‘(B) an accident; ‘‘( C )anactof G od; ‘‘( D ) a derailment; ‘‘( E )ama j or equipment failure that prevents the train from advancing; or ‘‘( F ) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a ter- minal. ‘‘(3) Each railroad carrier shall report to the Secretary, in accordance with procedures established by the Secretary, each instance where an employee subject to this section spends time waiting for deadhead transportation or in deadhead Reports.P ro c e du res. A pp li c ab ilit y . W ai v er aut h ority.
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