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49 U.S.C. § 21108 — Pilot projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** 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,
to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods.
**(b) Granting of Waivers.—** 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) Extensions.—** 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) Report.—** 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, 20
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Source location: Title 49, Chapter 211, § 21108; chapter-211-hours-of-service.md
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**(a) In General.—** 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,
to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods.
**(b) Granting of Waivers.—** 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) Extensions.—** 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) Report.—** 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) Definition.—** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty.—**
(1) Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating chapter 211 of this title, including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), or violating any provision of a waiver applicable to that person that has been granted under [section 21108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21108&num=0&edition=prelim), is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of [section 21106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21106&num=0&edition=prelim), a separate violation occurs for each day a facility is not in compliance.
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
(3) The Secretary may compromise the amount of the civil penalty under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim). In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay,
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Federal law — U.S. Code and appendices · legal_authorities
Page 618
TITLE 49—TRANSPORTATION
§ 21107
(c) REGULATIONS.—Not later than April 1, 2010,
the Secretary of Transportation, in coordination
with the Secretary of Labor, shall prescribe reg-
ulations to implement subsection (a)(1) to pro-
tect the safety and health of any employees and
individuals employed to maintain the right of
way of a railroad carrier that uses camp cars,
which shall require that all camp cars comply
with those regulations by December 31, 2010. In
prescribing the regulations, the Secretary shall
assess the action taken by any railroad carrier
to fully retrofit or replace its camp cars pursu-
ant to this section.
(d) COMPLIANCE AND ENFORCEMENT.—The Sec-
retary shall determine whether a railroad car-
rier has fully retrofitted or replaced a camp car
pursuant to subsection (b) and shall prohibit the
use of any non-compliant camp car. The Sec-
retary may assess civil penalties pursuant to
chapter 213 for violations of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 891;
Pub. L. 110–432, div. A, title IV, § 420, Oct. 16,
2008, 122 Stat. 4893.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
21106 ..........
45:62(a)(3), (4).
Mar. 4, 1907, ch. 2939, 34
Stat. 1415, § 2(a)(3), (4);
added July 8, 1976, Pub. L.
94–348, § 4(a)(3), 90 Stat.
818; June 22, 1988, Pub. L.
100–342, § 16(2), 102 Stat.
634.
45:62(e).
Mar. 4, 1907, ch. 2939, 34
Stat. 1415, § 2(e); added
June 22, 1988, Pub. L.
100–342, § 19(b)(1), 102 Stat.
638.
45:63a(d) (related to
45:62(a)(3)).
Mar. 4, 1907, ch. 2939, 34
Stat. 1415, § 3A(d) (related
to § 2(a)(3)); added July 8,
1976, Pub. L. 94–348, § 4(d),
90 Stat. 819; June 22, 1988,
Pub. L. 100–342, § 16(4), 102
Stat. 635.
In this section, before cl
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 21108
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