12 2 STA T .4863PUBLIC LA W 11 0– 432 —O CT. 16 , 2008 prohib i tc o m m un ic a tion n e ce s sar y to noti f yanemp l oyee of an emer -g ency situation , as d efined by the S ecretary .‘ ‘ ( e )EXCLUSIV I TY . —T he hours of ser v ice, duty hours, and rest periods of signal employees shall be governed e x clusively by this chapter. Signal employees operating motor vehicles shall not be sub j ect to any hours of service rules, duty hours or rest period rules promulgated by any F ederal authority, including the Federal M otor C arrier Safety A dministration, other than the Federal R ail- road Administration. ’ ’. (d) ALT ERNA TE HO URS O F SERVICE RE G I M E.— ( 1 )A P PLICATION OF H OURS OF SERVICE REGIME.—Section 2 11 0 2 is amended— (A) by stri k ing the section caption and inserting the follo w ing
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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 ’ ’
and ( B ) by adding at the end thereof the following: ‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO COMMUTER AN DI NTERCITY P ASSENGER RAILROAD TRAIN EMPLOYEES.— ‘‘(1) W hen providing commuter rail passenger transpor- tation or intercity rail passenger transportation, the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 2110 3 until the earlier of— ‘‘(A) the effective date of regulations prescribed by the Secretary under section 2110 9 (b) of this chapter
or ‘‘(B) the date that is 3 years following the date of enactment of the Rail Safety Improvement Act of 200 8 . ‘‘(2) After the date on which old section 21103 ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad carriers with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of such railroad carriers shall be governed by new section 21103, except as provided in paragraph (3). ‘‘(3) After the effective date of the regulations prescribed by the Secretary under section 21109(b) of this title, such carriers shall— ‘‘(A) comply with the limitations on duty hours for train employees with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation as prescribed by such regulations; and ‘‘(B) be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees. ‘‘( 4 ) In this subsection: ‘‘(A) The terms ‘commuter rail passenger transpor- tation’ and ‘intercity rail passenger transportation’ have the meaning given those terms in section 24102 of this title. ‘‘(C) The term ‘new section 21103’ means section 21103 of this chapter as amended by the Rail Safety Improvement Act of 2008. 49USC21 1 0 2 .
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