12 2 STA T .486 2 PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 2008 transpo rtat i on f ro m a du t y assi g nm e nttot h ep l a c e of final release in e x cess of the re q uirements of paragraph (1).‘ ‘( 4 ) I f — ‘‘( A ) the time spent w aiting for deadhead transpor - tation or in deadhead transportation from a duty assign- ment to the place of final release that is not time on duty , plus ‘‘( B ) the time on duty, exceeds 1 2 consecuti v e hours, the railroad carrier and its offi- cers and agents shall provide the employee with additional time off duty equal to the num b er of hours by which such sum exceeds 12 hours. ’ ’
and ( 3 ) by adding at the end thereof the following
‘‘(e) COM M UNICAT ION D U R IN GT IM EOF F DUT Y .—During a train employee’s minimum off-duty period of 1 0 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 ) or during additional off-duty hours under subsection (c)(4), a rail- road carrier, and its officers and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. N othing in this subsection shall prohibit communication nec- essary to notify an employee of an emergency situation, as defined by the S ecretary. The Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines that such a waiver will not reduce safety and is necessary to maintain such railroads’ efficient operations and on-time performance of its trains.’’. (c) L IMITATION ON DUTY H OUR S OF SIGNA LE M P LOYEES.—Sec- tion 21104 is amended— (1) by stri k ing subsection (a) and inserting the following: ‘‘(a) IN G ENERAL.—Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow its signal employees to remain or go on duty and a contractor or subcontractor to a railroad carrier and its officers and agents may not require or allow its signal employees to remain or go on duty — ‘‘(1) for a period in excess of 12 consecutive hours; or ‘‘(2) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours.’’; (2) by striking ‘‘duty, except that up to one hour of that time spent returning from the final trouble call of a period of continuous or broken service is time off duty.’’ in subsection (b)(3) and inserting ‘‘duty.’’; (3) by inserting ‘‘A signal employee may not be allowed to remain or go on duty under the emergency authority provided under this subsection to conduct routine repairs, routine maintenance, or routine inspection of signal systems.’’ after ‘‘service.’’ in subsection (c); and (4) by adding at the end the following: ‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), a railroad carrier or a contractor or subcontractor to a railroad carrier, and its officers and agents, shall not communicate with the signal employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall 49USC21 1 0 4 .Waiver a utho rit y .
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