Page:United States Statutes at Large Volume 90 Part 1.djvu/869

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-34S—JULY 8, 1976 by inserting immediately before the period at the end thereof the following:, including hostlers". (d) The Act of March 4, 1907 (45 U.S.C. 61-64b) is further amended by adding a new section 3A to read as follows: "SEC. 3 A. (a) I t shall be unlawful for any common carrier, its officers or agents, subject to this Act— " (1) to require or permit an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems, in case such individual shall have been continuously on duty for twelve hours, to continue on duty or to go on duty until he has had at least ten consecutive hours off duty; or " (2) to require or permit an individual described in paragraph (1) to continue on duty or to go on duty when he has not had at least eight consecutive hours off duty during the preceding twentyfour hours. "(b) In determining for the purposes of subsection (a) the number of hours an individual is on duty, there shall be counted, in addition to the time such individual is actually engaged in installing, repairing or maintaining signal systems, all time on duty in other service performed for the common carrier during the twenty-four hour period involved. "(c) For purposes of this section, time on duty shall commence when an individual reports for duty and terminate when the individual is finally released from duty. "(d) As used in sections 2(a)(3), 4, and 5 of this Act, the term 'employee' shall be deemed to include an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems. "(e) The provisions of this section shall not apply to an individual during such period of time as the provisions of section 3 apply to his duty and off-duty periods. "(f) Notwithstanding subsection (a) of this section, an individual engaged in installing, repairing, or maintaining signal systems may be permitted to be or remain on duty for not to exceed four additional hours in any period of twenty-four consecutive hours whenever an actual emergency exists and work of the individual is related to such emergency. For purposes of this subsection with respect to the on-duty time of an individual engaged in installing, repairing, or maintaining signal systems, an emergency ceases to exist when the signal systems are restored to service.". (e) Section 5(a) of such Act (45 U.S.C. 64a(a)) is amended by deleting the words "section 2 or section 3 of this Act" and by inserting in lieu thereof the following: "section 2, section 3 or section 3A of this Act".

90 STAT. 819

45 USC 63a.

Ante, p. 818. 45 USC 64, 64a.

45 USC 63.

SAFETY REGULATIONS

SEC. 5. (a) Section 202(d) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431 (d)) is amended to read as follows: "(d) In prescribing rules, regulations, orders, and standards under this section, the Secretary shall consider relevant existing safety data and standards and shall, within 180 days after the date of enactment of the Federal Railroad Safety Authorization Act of 1976, take such Ante, p. 817. action as may be necessary to develop and publish rules of practice applicable to all proceedings under this Act. Such rules of practice shall take into consideration the varying nature of proceedings under this Act and shall include specific time limits upon the disposition of all proceedings initiated under this Act. In no event shall the time