Mineta

This appeal involves an interpretation of the Hours of Service Laws (“the Act”), by which Congress limited the number of consecutive hours that train employees could be required to remain on duty without a substantial period of rest. The precise issue is whether an otherwise-sufficient rest period is rendered insufficient when it is interrupted by a brief telephone call (a “duty call”) from a railroad to its off-duty worker telling the worker when to report to work. The Federal Railroad Administration (“the FRA”) held that such a call did not cause a violation of the Act. Petitioner California State Legislative Board, United Transportation Union (“the Union”) petitions for review under the Administrative Procedure Act. The Association of American Railroads has intervened in support of the FRA. Because we conclude that the FRA’s interpretation of the Act was reasonable, we deny the Union’s petition for review.

Background

The Act is a series of statutes administered by the Secretary of Transportation, who has delegated that authority to the FRA. See 49 U.S.C. § 103 (c); 49 C.F.R. § 1.49 (d). One provision of the Act limits employees to shifts of no more than twelve consecutive…