The tie-up process, known as Express Tie-up, takes effect in TSS on July 15, 2009.

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1 Hours-of-Service Requirements Beginning July 15, 2009 All TY&E employees must contact their supervisors between June 19 and July , for an instructional briefing on new hours-of service (HOS) requirements of the Rail Safety Improvement Act (RSIA) and a new TSS tie-up process. The tie-up process, known as Express Tie-up, takes effect in TSS on July 15, What you need to know before July 15: 1) RSIA changes several HOS rules for Transportation employees, including the addition of monthly caps for limbo hours and total HOS. 2) Employees must be sure they accurately report their relieved and released times. Because of the monthly caps on limbo and total duty time, employee data entry errors that overstate hours could restrict an employee s ability to be called to work later in the month. Likewise, data entry errors that understate hours worked could result in HOS violations. 3) Depending on the circumstances, BNSF and/or FRA can hold employees personally accountable for any reporting errors 4) Employees are required to tie up immediately following their tour of duty. TY&E employees must tie up in the TSSCREW system within 30 minutes of their actual release time. Release times cannot be estimated, and the time reported cannot be more than 30 minutes in advance of the current time shown on the computer. Beginning June 15, employees keying in a released time more than 30 minutes in the future will receive a warning screen: Due to RSIA reporting requirements, after July 15, 2009, you will no longer be able to enter a released time more than 30 minutes in the future. BNSF is allowed to pre-populate some fields in the tie-up screen if the information is known to be factually accurate for the specific employee. Because rest periods, relieved and released times are used to calculate the employee s status against RSIA caps, the employee must verify all information during the tie-up process. Tie-up information will impact BNSF s ability to return an employee to his or her assignment, and so delayed or inaccurate information could negatively affect the employee s income. If an employee begins, or is in the process of, tying up at or after 11 hours and 55 minutes of a tour of duty, the employee will automatically be redirected to a Quick Tie-Up screen. A Quick Tie-Up bypasses the FRA Interview

2 screen and allows an employee to enter only basic tie-up information. o Basic payroll information will be automatically applied to the ticket, with the option of adding more CA codes after completing the Quick Tie-up process. The additional FRA interview screen can only be accessed during the employee s next tour of duty. If crews do not have access to the TSS computer system, they must access the VRU and follow instructions. Crews will need to supply the train symbol, relieved time, released time and arrival to final terminal. 5) Employees are required to report all mandatory service immediately upon completion through CCTM option 15 option 2. Accurate start and stop times are required. If the employee does not have computer access, he or she must access the VRU and report the service time with accurate beginning and ending times. Time spent in mandatory service (as defined further below) goes towards the monthly 276-hour cap, on on-duty time, deadhead travel, and other mandatory service. Employees must use proper lay off codes before commencing mandatory service as employees may stand for a call. The employee must mark up immediately following the completion of the mandatory service. Mandatory service must not be performed without obtaining full rest under the Hours of Service provisions of the RSIA both prior to and after covered service. Exceptions must be approved by a BNSF officer. If the covered service portion of a tour of duty and mandatory service commingle for greater than 12 total hours an Hours of Service violation has taken place. The employee is responsible to track and report his or her Hours of Service time in order to prevent such violations from occurring, in accordance with this General Notice and GCOR Mandatory service typically includes: Alternative handling as a principal. It does not include participation as a union representative. Required rules exams scheduled by BNSF. Note: It does not include CBT rules exams for which the employee has flexibility in scheduling are not mandatory service for purposes of the 276- hour cap and so would not be entered via CCTM, but can commingle service if not fully rested. Investigations as a principal or company witness. It does not include participation as a union representative. Non-covered yardmaster service

3 Travel to a terminal other than the employee s home terminal to complete mandatory service. The employee must report the travel time to the other terminal, the time performing the duty, and the travel time back to the home terminal. This time will be calculated towards the 276-hour cap and 10 hours of undisturbed rest is required prior to next tour of duty. Activities necessary for an employee to maintain the status of prepared and qualified to perform service as a TY&E employee. To qualify, the activity must be mandatory and include a requirement to complete immediately or to report at an assigned time and place to complete, without any discretion in scheduling on the part of the employee. Mandatory service does not include: Participation in site safety meetings, local chairmen meetings, and other voluntary meetings - These activities are defined as voluntary even though by agreement the BNSF will compensate the employee. Voluntary activities would not require employee to be rested before the meeting or after the meeting. This voluntary service time will not count towards the 276-hour cap and would not be logged in CCTM. The supervisor and employee should use common sense in allowing the employee to obtain proper rest before performing covered service. Note: When mandatory services are entered into TSS (CCTM option 15 then option 2) and commingle with a tour of duty, the employee must enter a Y (yes) in the Commingled field of the FRA interview screen (BNSF will assist by pre-populating some fields of the FRA interview screen as reported through CCTM option 15 and option 2). Additional information fields will be shown and must be accurately completed. 6) Smart Rest BLET Agreement Ratification Only employees working as engineers in unassigned pool freight service, including extra boards, can request the use of the Smart Rest provision of the BLET agreement in order to avoid a start on a 5th or 6th consecutive calendar day. Engineers must request Smart Rest when tying up at the home terminal at the end of the start on 4th or 5th consecutive calendar day. The field SM RQ has been added to the Express Tie-Up function, and the employee makes the request by adding an X to this field. The request is irrevocable. Engineers using this provision will be automatically available for duty at 0001 of the next following calendar day. If his or her assigned turn or position has worked to the top of board then the turn or position will be held first out

4 pending his or her availability for duty of Any associated run around penalties for use of this provision will not be applicable. Smart Rest cannot take place when the on duty and release times of a tour of duty are on the same calendar day. Note: Smart Rest requests where the on duty and release times of a tour of duty are on the same consecutive calendar day would not allow the engineer to avoid a start on the 5 th or 6 th consecutive day. This is due to the employee being automatically marked up at 0001 of the next following calendar day. 7) Other changes to TSSCREW Screens BNSF has changed several TSSCREW screens to reflect the new Hours of Service Rules under the Rail Safety Improvement Act (RSIA) and ratification of the applicable agreements by the BLET. The RSIA changes have impacted the guidelines for when an employee must be available to be called for duty. After July 16, the current Rested field on TSSCREW screens will be replaced with Available for Duty. The TSS System will convert all information regarding the time and date when an employee can be on duty in the Available for Duty field -- including undisturbed rest time, unavailable time and Smart Rest time where applicable (engineers in unassigned pool or extra board service only). The Available for Duty time is reflected in CCPLAN for crew planning purposes.

5 In cases where an extra board protects multiple lead times, the Available for Duty field will start with an E and will display the earliest possible on-duty time based on the various call times. Example Available for Duty Time: E C - The earliest time the employee will be available to go on duty is at 7:00 a.m. Central Time on 5/19 based on the earliest call time the employee protects. In cases where an employee only protects one class of service with a single call time the Available for Duty field will start with an A. Example Available for Duty Time: A C - Employee will be available to go on duty at 7:00 a.m. Central Time on 5/19 A - Employee is currently available to go on duty Trainman s Screen CCTM Option 2 CIQPCEPH ***** BNSF Crew Management ***** 04/02/09 BNSF TOPEKA - Employee Inquiry - 11:32:27CT < EmpQual Roster > Name J C DOE Region EA ID First RC Station MIAMI Hire MIAMI Street 123 HIDEWAY Strt Cnt 3 Cvrd Time 0620 City NOWHERE NY Time HHH MM TT Time 0620 Phone CELL Limbo HH MM off Duty Phone HOME Avail for Duty E C No Call VPGR Rest Req FRA Rested RSTD Smrt Rst Rest Days Release lr VRU Lcl Alt Work Ros CO07 Seq Numb 133 VRU log 03/11/ Sen Date 05/26/95 Prm Asn MIAMI FOB NFB Times Out Tmp Asn Hld Asn No Call List N Working MIAMI X Status MOVE CODE UNS 02/ Last DM Scheduled Vacation 0113 thru 0113 Split F 0222 thru 0222 Split F This Year F Enter-PF1---PF2---PF3---PF4---PF5---PF6---PF7---PF8---PF9---PF10--PF11--PF12-- Help Main Exit Back Fwrd Left Right Prev

6 Definitions applying to Hour of Service Rules and Tie-Up: Hours of service (HOS) - includes all time that an employee performs service at the behest of BNSF. This includes all time for a tour of duty and mandatory service. HOS time is calculated for the RSIA 276 hour cap. Tour of duty - begins with the on-duty time and includes all time on-duty performing covered service, other mandatory service and limbo. The tour of duty time counts toward the monthly 276 hour total duty time cap. Covered service time - the portion of the employee s tour of duty time during which the employee is engaged in, or connected with, the movement of a train or engines. Covered service cannot take place after 12 hours of a tour of duty without being considered an HOS violation. Examples include activities surrounding: o Preparing, assembling or moving a train and/or engine. o Securing a train or engine by operating hand brakes, air brakes, switches or derails. Commingled service - time connected to a tour of duty where the employee is performing an activity not included as covered service. Commingled service can take place during a tour of duty (not reported via CCTM), prior to a tour of duty, or after a tour of duty. Examples and reporting of activities that may commingle service include: Any other required activities, such as data collection (hammerhead) or job safety briefings, that occur during a tour of duty and are not reported via CCTM. These activities cannot take place after the 12 th hour of a tour of duty without being reported as an HOS violation. Mandatory service (see Item 5 of GN) occurring prior to a tour of duty without 10 hours of undisturbed rest would commingle service. These are reported via CCTM and will deduct from the available time to perform covered service as outlined in item 5. Deadheading to a location to perform covered service prior to a tour of duty without required rest must be reported on the working time ticket as deadhead combined service and will not be entered into CCTM separately. Note: Time spent in commingled service prior to a tour of duty (not separated by a minimum of 10 hours of undisturbed rest) will deduct from the available time to perform covered service during the tour of duty. The previous duty (split with an interim of 4 hours undisturbed rest) or continuous duty rules apply to commingled service with less than 10 hours of undisturbed rest.

7 Relieved time - actual time the employee completes his or her last activity of covered service or commingled service. A train crew can be relieved of covered or commingled service at any time during their duty tour. Limbo time the time spent waiting for or in deadhead transportation to the point of final release. Limbo time starts at the actual time a crew completes the last activity of covered service or commingled service. The time calculated toward the RSIA limbo cap begins after 12 hours of the tour of duty. Limbo time includes the time spent performing the Quick Tie-Up. Released time - the time when an employee ties up at the terminal marking an end of his or her tour of duty and begins the statutory off-duty period. o BNSF can inform an employee that he or she will be returned to covered service after an interim period of rest, with a minimum of four undisturbed continuous hours. All time on the trip to the away-from-home-terminal (AFHT) and back to the home terminal will count as one trip. The interim period of rest does not count toward the total time for the tour of duty. The BNSF often refers to this as split rest. o Employees can be turned back from AFHT with less than four consecutive hours off. All time consumed from the on-duty time at the home terminal will count toward the total time for the tour of duty. Hours-of-Service Scenarios Scenario 1: A train crew is called for 0100 on the M KCKBAR9 01 between Kansas City and Wellington. The crew is instructed to tie the train down at 1100 due to Maintenance of Way (MOW) work outside of Wellington. The crew completes this task at relieved time - which is the end of their covered service. The van arrives to the train at 1200 and the crew arrives at the Wellington yard office at The crew s off-duty time release time is 1245, when they have completed their Express Tie-Up in the computer. Total time on duty = 11 hours and 45 minutes toward the 276 hour cap Covered service = 10 hours 15 minutes (0100 to 1115) Limbo time = 1 hour 30 minutes (1115 to 1245)

8 Time counted toward limbo cap = 0 because the crew s tour of duty did not exceed 12 hours. RSIA rest period = 10 hours Scenario 2: A train crew is called for 0100 on the M KCKBAR9 01 between Kansas City and Wellington. The crew is instructed not to tie the train down at 1230 relieved time. The crew s covered service ends at The train is parked within the HTUA of Kansas City and the crew must attend the RSSM materials. The crew now begins comingled time. The van with relief crew arrives at 1300 and the crew arrives at the Wellington yard office at The crew s off-duty time release time -- is 1445 when they have completed their Quick Tie-Up. Total time on duty = 13 hours 45 minutes toward the RSIA 276 hour monthly cap Covered duty time = 11 hours 30 minutes (0100 to 1230) Comingled Time = 30 minutes (1230 to 1300) Limbo time = 1 hours 45 minutes (1300 to 1445) Time toward limbo cap = 1 hour 45 minutes (1300 to 1445). Only limbo time after the 12 hour of the tour of duty is calculated to the RSIA limbo cap RSIA rest period = 11 hours 45 minutes, which is 10 hours, plus 1 hour and 45 minute for all time in excess of 12 hours, calculated on a minute-by-minute basis. Scenario 3: A train crew is called for 0100 on the M KCKBAR9 01 between Kansas City and Wellington. The crew experiences several departure delays at the terminal and across the territory. The crew is instructed to tie the train down at 1245 due to MOW work going on outside of Wellington. Relief crew is not available. The crew completes this task at 1315 due to some mechanical difficulty with hand brakes, and covered service ends. This is an hours-of-service violation, and must be reported.

9 A crew van arrives at the train at 1330 and the crew arrives at the Wellington yard office at The crew s off-duty time release time is 1415 when they have completed their Quick Tie-Up in the computer. The crew would not be able to access the FRA hours-of-service violation report to record the violation occurring between 1300 and 1315 until their next tour of duty. Total time on duty = 13 hours 15 minutes toward the RSIA 276 hour monthly cap Covered duty time = 12 hours 15 minutes, due to HOS violation when tying hand brakes after the 12 hours of on-duty time. Limbo time = 1 hour. Limbo time starts when final activity of covered service is completed. Time toward limbo cap = 1 hour. Limbo time after 11 hours and 59 minutes of total duty time is calculated to the RSIA limbo cap RSIA rest period = 11 hours 15 minutes (1445 to 0200) for all time over 12 hours calculated on a minute-by minute basis. Scenario 4: The R CAL111 is called for 0600 to perform industry road switching service at Pittsburg, Calif. The conductor is responsible for all inventory reporting functions. The crew finishes the last switching move and secures engines in siding five miles outside of Pittsburgh at 1500 due to heavy mainline volumes (covered service ends and marks the start of commingled service). The van is standing by and the crew deadheads back to Pittsburgh to perform inventory responsibilities and an extended safety briefing with trainmasters until 1600 (commingling service ends and marks the relieved time). The crew ties up in the computer at 1600 (released time). Total time on duty = 10 hours toward the RSIA 276 hour monthly cap Covered duty time = 9 hours (0600 to 1500) Commingled service = 1 hour (1500 to 1600) Time toward limbo cap = 0 hours, as crew was not on duty more than 12 hours RSIA rest period = 10 hours