12 2 STA T .486 4 PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 2008 ‘ ‘ (D)Thet e rm ‘ olds e c t i o n21 1 03’ me a ns section 21103 o f this cha p ter as it w as in effect on the da yb efore the enactment of that A ct . ’’. (2) CONF O RMI N GA M E N D MEN T . — The chapter analysis for chapter 211 is amended by stri k in g the item relating to section 21102 and inserting the following
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‘ 21 1 0 2 .Nonap p lic a t ion ,ex e m ption, an d alte r nate h o u r s o f ser v ice re g ime. ’ ’. (e) R EG UL ATOR Y AUT H ORITY.— (1) I N GENERAL.—Chapter 211 is amended by adding at the end thereof the following: ‘ ‘ §21 1 09.Regulatory aut h or i ty ‘‘(a) IN G ENERAL.—In order to impro v e safety and red u ce employee fatigue , the S ecretary may prescribe regulations— ‘‘(1) to reduce the ma x imum hours an employee may be re q uired or allowed to go or remain on duty to a level less than the level established under this chapter
‘‘(2) to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established under this chapter; ‘‘(3) to limit or eliminate the amount of time an employee spends waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is considered neither on duty nor off duty under this chapter; ‘‘( 4 ) for signal employees— ‘‘(A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter that an employee spends returning from an outlying worksite after scheduled duty hours or returning from a trouble call to the employee’s headquarters or directly to the employee’s residence; and ‘‘( B ) to increase the amount of time that constitutes a release period, that does not break the continuity of service and is considered time off duty; and ‘‘( 5 ) to require other changes to railroad operating and scheduling practices, including unscheduled duty calls, that could affect employee fatigue and railroad safety. ‘‘(b) REGULATION S GO V ERNING THE H OURS OF SERVI C E OF TRAIN E M P LOYEES OF COMMUTER AND INTERCITY P ASSENGER RAILROAD CARRIERS.— W ithin 3 years after the date of enactment of the Rail Safety Improvement Act of 200 8 , the Secretary shall prescribe regu - lations and issue orders to establish hours of service requirements for train employees engaged in commuter rail passenger transpor- tation and intercity rail passenger transportation (as defined in section 24102 of this title) that may differ from the requirements of this chapter. Such regulations and orders may address railroad operating and scheduling practices, including unscheduled duty calls, communications during time off duty, and time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release, that could affect employee fatigue and railroad safety. ‘‘(c) CONSIDERATIONS.—In issuing regulations under subsection (a) the Secretary shall consider scientific and medical research related to fatigue and fatigue abatement, railroad scheduling and operating practices that improve safety or reduce employee fatigue, Deadlin e .Or der s .
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