49 U.S.C. § 21106

Limitations on employee sleeping quarters

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(a)In General.—A railroad carrier and its officers and agents—(1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; and(2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.(b)Camp Cars.—Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a).(c)Regulations.—Not later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect 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 pursuant to this section.(d)Compliance and Enforcement.—The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced a camp car pursuant to subsection (b) and shall prohibit the use of any non-compliant camp car. The Secretary 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 clause (1), the words “and any individuals employed to maintain the right of way of a railroad carrier” are substituted for 45:62(e) because of the restatement.

Editorial NotesAmendments

2008—Pub. L. 110–432 designated existing provisions as subsec. (a), inserted heading, in par. (1), substituted “sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;” for “sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;”, and added subsecs. (b) to (d).

Notes of Decisions

Cited in 2 cases, 1998–2005 · leading case: United Transp. Union v. Slater, 149 F.3d 851 (8th Cir. 1998).

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United Transp. Union v. Slater, 149 F.3d 851 (8th Cir. 1998). · cites it 6× “tion Union (the union) petitions for review of a final order of the Federal Railroad Administration (the FRA), an agency within the Department of Transportation, holding that plans being carried out by Norfolk Southern Corporation (Norfolk) to renovate sleeping quarters at a…”

California State Legislative Bd. v. Dep't of Transp., 400 F.3d 760 (9th Cir. 2005). · cites it 5× “II The Union argues specifically that the rooms in the Sierra Motel violate clause (1) (“the sleeping conditions clause”) of 49 U.S.C. § 21106 , which became law in 1976 when Congress enacted a predecessor provision as an amendment to the Hours of Service law.”

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