Atchison, Topeka & Santa Fe Railway Co. v. Pena

GILBERT, Chief District Judge.

The petitioners bring this petition for review of orders of the Federal Railroad Ad*326ministration (the “FRA”) changing its interpretation of the Hours of Service Act, 45 U.S.C. §§ 61-64 (the “HSA” or the “Act”), to provide that time spent waiting by a train crew, which has been relieved from all train operating duties, for transportation back to its point of release is now “on duty” time to be counted toward the maximum 12 consecutive hours on duty allowed by the HSA. For the reasons given below, we grant the petition and affirm the agency’s decision.

As a…