158
Opinion of the Court
provisions delineate as on-duty time those hours which will contribute to an employee's fatigue during his or her work assignment. In some instances, the relationship between the time at issue and the employee's fatigue is apparent, for example, the command of § 21103(b)(2) that the "[t]ime the employee is engaged in or connected with the movement of a train is time on duty."
The classification of other time periods is not quite as straightforward, but we think still apparent from the statutory design. What if a train employee is permitted to take a lengthy break between periods of work? If the train employee is not working at all during this time, is it time off duty? The statute answers the question by reference to the likelihood of employee fatigue in the ensuing period of work without the mandated rest interval. The statute specifies that an "interim period available for less than 4 hours rest at a designated terminal," § 21103(b)(6), and an "interim period available for rest at a place other than a designated terminal," § 21103(b)(5), are to be considered on-duty hours. It follows from the statutory scheme that these rest periods are not sufficient to alleviate fatigue.
The treatment of deadhead transportation follows the same scheme. Section 21103(b)(4) provides that "[t]ime spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty." The distinction between transportation to a duty assignment and transportation from a duty assignment makes perfect sense, given the statute's purpose of promoting train safety. Time spent deadheading to a duty site contributes to the fatigue that a train employee is likely to have during the 12-hour shift. By defining the time spent deadheading to a duty assignment as on-duty time, Congress ensured that an employee will not operate a train more than 12 hours after reporting for duty. The time employees spend deadheading from the duty site does not
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