§21108 — Title 49 Transportation | U.S. Code

Summary

Railroad companies, together with the nonprofit unions that represent the workers who would be affected, can jointly ask the Secretary of Transportation to approve a temporary waiver from the rules in this chapter as they were when the Rail Safety Improvement Act of 2008 was passed, or from the rules as they will be 9 months after that date. The Secretary may approve a waiver after public notice and a chance for comment if it is in the public interest and still safe. Each waiver can last up to two years and may be renewed for more two-year periods after notice and comment. The Secretary must publish an explanation of any waiver in the Federal Register. By December 31, 2012, or if no pilot projects finish by then, within 6 months after a pilot project finishes, the Secretary must send a report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure that analyzes completed pilot projects, describes the status of other waivers and pilots, and recommends any needed legislative changes. "Directly affected covered service employees" means the workers whose hours the waiver would specifically cover.

Title 49, §21108

Transportation — Source: USLM XML via OLRC

(a)As of the date of enactment of the Rail Safety Improvement Act of 2008, a railroad carrier or railroad carriers and all nonprofit employee labor organizations representing any class or craft of directly affected covered service employees of the railroad carrier or railroad carriers, may jointly petition the Secretary of Transportation for approval of—

(1)a waiver of compliance with this chapter as in effect on the date of enactment of the Rail Safety Improvement Act of 2008; or

(2)a waiver of compliance with this chapter as it will be effective 9 months after the enactment of the Rail Safety Improvement Act of 2008,

(b)The Secretary may, after notice and opportunity for comment, approve such waivers described in subsection (a) for a period not to exceed two years, if the Secretary determines that such a waiver of compliance is in the public interest and is consistent with railroad safety.

(c)Any such waiver, based on a new petition, may be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register.

(d)The Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, no later than December 31, 2012, or, if no projects are completed prior to December 31, 2012, no later than 6 months after the completion of a pilot project, a report that—

(1)explains and analyzes the effectiveness of any pilot project established pursuant to a waiver granted under subsection (a);

(2)describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and

(3)recommends any appropriate legislative changes to this chapter.

(e)For purposes of this section, the term “directly affected covered service employees” means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

Amendments

2008—Pub. L. 110–432 amended section generally, revising and restating provisions of former subsec. (a) relating to waivers as subsecs. (a) to (c), provisions of former subsec. (b) relating to requirement of a report to Congress as subsec. (d), and provisions of former subsec. (c) defining “directly affected covered service employees” as subsec. (e).

§21108 Pilot Projects