article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Hours of Service Act of 2010''. SEC. 2. REDESIGNATIONS. Chapter 211 of title 49, United States Code, is amended by redesignating sections 21101 through 21109 as sections 21102 through 21110, respectively. SEC. 3. PURPOSE. Chapter 211 of title 49, United States Code, is further amended by inserting before section 21102 (as so redesignated by section 2 of this Act) the following: ``Sec. 21101. Purpose ``Railroad employees covered by this chapter shall be provided predictable and defined work and rest periods.''. SEC. 4. DEFINITIONS. Section 21102 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in paragraph (5), by inserting ``and yardmaster employee'' before the period; and (2) by adding at the end the following: ``(6) `yardmaster employee' means an employee who supervises and coordinates the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic.''. SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE REGIME. Section 21103(c) (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code is amended-- (1) in paragraph (1)(A), by striking ``21109(b)'' and inserting ``21110(b)''; (2) in paragraph (3), by striking ``21109(b)'' and inserting ``21110(b)''; (3) by striking subparagraph (C) of paragraph (4); (4) by redesignating subparagraph (D) of paragraph (4) as subparagraph (B); and (5) by striking ``new section 21103'' each place it appears and inserting ``section 21104''. SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES. Section 21104 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3)-- (i) by striking ``remain or go on duty unless'' and inserting ``initiate an on duty period unless''; and (ii) by striking ``during the prior 24 hours; or'' and inserting ``immediately prior to going on duty; or''; (B) in paragraph (4)(A)-- (i) in clause (i), by striking ``work'' and inserting ``initiate an on duty period''; and (ii) in clause (ii), by striking ``works'' and inserting ``initiates an on duty period on''; and (C) in the matter after paragraph (4) by inserting ``For purposes of paragraph (4)(A) and (B), within 12 months after the date of enactment of the Railroad Hours of Service Act of 2010, the Secretary shall prescribe regulations to require all deadhead transportation in excess of a specific number of hours to be counted as time on duty and shall reset the calendar day clock.'' before ``The Secretary may waive''; (2) in subsection (b)(7), by striking ``when the employee is prevented'' and all that follows through ``employee left the designated terminal.'' and inserting ``. A train employee shall be notified before going off duty whether such period off duty is an interim release.''; and (3) in subsection (c)(1)-- (A) in subparagraph (A)(ii), by striking ``and'' at the end; (B) in subparagraph (B)(ii), by striking ``21109.'' and inserting ``21110; and''; and (C) by adding at the end the following new subparagraph: ``(C) to exceed 2 hours in deadhead transportation per each tour of duty.''. SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES. Section 21105 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in subsection (b)(2), by inserting ``, including all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits,'' before ``is time on duty''; (2) in subsection (e), by adding at the end the following: ``Signal employees operating motor vehicles requiring a commercial driver's license while on duty shall be considered covered service.''; and (3) by adding at the end the following new subsection: ``(f) Safety-Critical Devices or Circuits.--Time on duty shall include all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits.''. SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND YARDMASTER EMPLOYEES. Section 21106 (as so redesignated by section 2 of this Act) of chapter 211 of title 49, United States Code, is amended-- (1) in the section heading by inserting ``and yardmaster employees'' after ``service employees''; (2) in subsection (a)-- (A) by striking ``21103 or 21104'' and inserting ``21104 or 21105''; and (B) by inserting ``or yardmaster employee'' after ``service employee''; (3) in subsection (b), by inserting ``or yardmaster employee'' after ``a dispatching service employee''; (4) in subsection (c), by adding at the end the following: ``All commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered under the provisions of section 21104.''; and (5) in subsection (d), by inserting ``or yardmaster employee'' after ``dispatching service employee''. SEC. 9. CLERICAL AMENDMENT. Chapter 211 of title 49, United States Code, is further amended by amending the table of sections at the beginning of the chapter to read as follows: ``Sec. ``21101. Purpose. ``21102. Definitions. ``21103. Nonapplication, exemption, and alternate hours of service regime. ``21104. Limitations on duty hours of train employees. ``21105. Limitations on duty hours of signal employees. ``21106. Limitations on duty hours of dispatching service employees and yardmaster employees. ``21107. Limitations on employee sleeping quarters. ``21108. Maximum duty hours and subjects of collective bargaining. ``21109. Pilot projects. ``21110. Regulatory authority.''.
summary: Railroad Hours of Service Act of 2010 - Extends railroad hours of services requirements and limitations to cover yardmaster employees who supervise and coordinate the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic. Revises the prohibition against a railroad carrier's requiring or allowing a train employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. Prohibits requiring or allowing an employee (including a yardmaster employee) from initiating an on duty period unless the employee has had at least 10 consecutive hours off duty immediately prior to going on duty. Directs the Secretary of Transportation (DOT) to prescribe regulations to: (1) require all deadhead transportation in excess of a specific number of hours to be counted as time on duty; and (2) reset the calendar day clock. Revises the rule that an interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty. Repeals the current list of causes for prevention of a return to duty. Requires a train employee to be notified before going off duty whether such period off duty is an interim release. Prohibits a railroad carrier from requiring or allowing an employee to exceed 2 hours in deadhead transportation per each tour of duty. Revises the limitations on the duty hours of signal employees. Specifies that time on duty spent performing any service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems includes all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits. Treats as service covered by hours of duty limitations the operation by signal employees of motor vehicles requiring a commercial driver's license while on duty. Extends to yardmaster employees certain limitations on the duty hours of dispatching service employees. Declares that all commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered by the limitations on the duty hours of signal employees. Extends to yardmaster employees, when an emergency exists, the same limitation (to not more than 4 additional hours during a period of 24 consecutive hours for not more than 3 days during a period of 7 consecutive days) that applies to the hours of dispatching service employees in an emergency.