---
kind: "section"
citation: "49 U.S.C. § 21109"
title: "49"
title_heading: "Transportation"
number: "21109"
heading: "Regulatory authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/21109"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 211 — Hours of Service"
---

# §21109. Regulatory authority

- (a) **In General.—** In order to improve safety and reduce [employee](/usc/49/21101.md?p=3) fatigue, the [Secretary](/usc/49/22401.md?p=14) may prescribe regulations—
  - (1) to reduce the maximum hours an [employee](/usc/49/21101.md?p=3) may be required or allowed to go or remain on duty to a level less than the level established under this chapter;
  - (2) to increase the minimum hours an [employee](/usc/49/21101.md?p=3) may be required or allowed to rest to a level greater than the level established under this chapter;
  - (3) to limit or eliminate the amount of time an [employee](/usc/49/21101.md?p=3) spends waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is considered neither on duty nor off duty under this chapter;
  - (4) for [signal employees](/usc/49/21101.md?p=4)—
    - (A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter that an [employee](/usc/49/21101.md?p=3) spends returning from an outlying worksite after scheduled duty hours or returning from a trouble call to the [employee](/usc/49/21101.md?p=3)’s headquarters or directly to the [employee](/usc/49/21101.md?p=3)’s residence; and
    - (B) to increase the amount of time that constitutes a release period, that does not break the continuity of service and is considered time off duty; and
  - (5) to require other changes to [railroad](/usc/49/22401.md?p=12) operating and scheduling practices, including unscheduled duty calls, that could affect [employee](/usc/49/21101.md?p=3) fatigue and [railroad](/usc/49/22401.md?p=12) safety.
- (b) **Regulations Governing the Hours of Service of Train Employees of Commuter and Intercity Passenger Railroad Carriers.—** Within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008, the [Secretary](/usc/49/22401.md?p=14) shall prescribe regulations and issue orders to establish hours of service requirements for [train employees](/usc/49/21101.md?p=5) engaged in [commuter rail passenger transportation](/usc/49/24102.md?p=3) and [intercity rail passenger transportation](/usc/49/24102.md?p=4) (as defined in [section 24102 of this title](/usc/49/24102.md)) that may differ from the requirements of this chapter. Such regulations and orders may address [railroad](/usc/49/22401.md?p=12) operating and scheduling practices, including unscheduled duty calls, communications during time off duty, and time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release, that could affect [employee](/usc/49/21101.md?p=3) fatigue and [railroad](/usc/49/22401.md?p=12) safety.
- (c) **Considerations.—** In issuing regulations under [subsection (a)](#a) the [Secretary](/usc/49/22401.md?p=14) shall consider scientific and medical research related to fatigue and fatigue abatement, [railroad](/usc/49/22401.md?p=12) scheduling and operating practices that improve safety or reduce [employee](/usc/49/21101.md?p=3) fatigue, a [railroad](/usc/49/22401.md?p=12)’s use of new or novel technology intended to reduce or eliminate human error, the variations in freight and passenger [railroad](/usc/49/22401.md?p=12) scheduling practices and operating conditions, the variations in duties and operating conditions for [employees](/usc/49/21101.md?p=3) subject to this chapter, a [railroad](/usc/49/22401.md?p=12)’s required or voluntary use of fatigue management plans covering [employees](/usc/49/21101.md?p=3) subject to this chapter, and any other relevant factors.
- (d) **Time Limits.—**
  - (1) If the [Secretary](/usc/49/22401.md?p=14) determines that regulations are necessary under [subsection (a)](#a), the [Secretary](/usc/49/22401.md?p=14) shall first request that the [Railroad](/usc/49/22401.md?p=12) Safety Advisory Committee develop proposed regulations and, if the Committee accepts the task, provide the Committee with a reasonable time period in which to complete the task.
  - (2) If the [Secretary](/usc/49/22401.md?p=14) requests that the [Railroad](/usc/49/22401.md?p=12) Safety Advisory Committee accept the task of developing regulations under [subsection (b)](#b) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months after accepting the task. If the Committee does not reach consensus within 18 months after the [Secretary](/usc/49/22401.md?p=14) makes the request, the [Secretary](/usc/49/22401.md?p=14) shall prescribe appropriate regulations within 18 months.
  - (3) If the [Secretary](/usc/49/22401.md?p=14) does not request that the [Railroad](/usc/49/22401.md?p=12) Safety Advisory Committee accept the task of developing regulations under [subsection (b)](#b), the [Secretary](/usc/49/22401.md?p=14) shall prescribe regulations within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008.
- (e) **Pilot Projects.—**
  - (1) **In general.—** Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008, the [Secretary](/usc/49/22401.md?p=14) shall conduct at least 2 pilot projects of sufficient size and scope to analyze specific practices which may be used to reduce fatigue for train and engine and other [railroad](/usc/49/22401.md?p=12) [employees](/usc/49/21101.md?p=3) as follows:
    - (A) A pilot project at a [railroad](/usc/49/22401.md?p=12) or [railroad](/usc/49/22401.md?p=12) facility to evaluate the efficacy of communicating to [employees](/usc/49/21101.md?p=3) notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing [employee](/usc/49/21101.md?p=3) fatigue.
    - (B) A pilot project at a [railroad](/usc/49/22401.md?p=12) or [railroad](/usc/49/22401.md?p=12) facility to evaluate the efficacy of requiring [railroads](/usc/49/22401.md?p=12) who use [employee](/usc/49/21101.md?p=3) scheduling practices that subject [employees](/usc/49/21101.md?p=3) to periods of unscheduled duty calls to assign [employees](/usc/49/21101.md?p=3) to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing [employee](/usc/49/21101.md?p=3) fatigue.
  - (2) **Waiver.—** The [Secretary](/usc/49/22401.md?p=14) may temporarily waive the requirements of this section, if necessary, to complete a pilot project under this subsection.
- (f) **Duty Call Defined.—** In this section the term “duty call” means a telephone call that a [railroad](/usc/49/22401.md?p=12) places to an [employee](/usc/49/21101.md?p=3) to notify the [employee](/usc/49/21101.md?p=3) of his or her assigned shift time.

## Source credit

(Added Pub. L. 110–432, div. A, title I, § 108(e)(1), Oct. 16, 2008, 122 Stat. 4864.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (b), (d)(3), and (e)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

### Statutory Notes and Related Subsidiaries

### Completion of Hours of Service and Fatigue Studies

Pub. L. 117–58, div. B, title II, § 22408, Nov. 15, 2021, 135 Stat. 739, provided that: In General.—Not later than 90 days after the date of enactment of this Act [Nov. 15, 2021], the Administrator of the Federal Railroad Administration shall commence the pilot programs required under subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code. Consultation.—The Federal Railroad Administration shall consult with the class or craft of employees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection (a). Report.—If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary [of Transportation], not later than 30 days after such date, submit [sic] a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— the status of such pilot programs; actions that the Federal Railroad Administration has taken to commence the pilot programs, including efforts to recruit participant railroads; any challenges impacting the commencement of the pilot programs; and any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section 21109(e)(1).”