[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51525-51531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20635]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2000-7257; Notice No. 63]
Railroad Safety Advisory Committee (RSAC); Working Group Activity
Update
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Announcement of Railroad Safety Advisory Committee (RSAC)
Working Group Activities.
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SUMMARY: The FRA is updating its announcement of RSAC's Working Group
activities to reflect its current status.
FOR FURTHER INFORMATION CONTACT: Larry Woolverton, RSAC Designated
Federal Officer/Administrative Officer, FRA, 1200 New Jersey Avenue,
SE., Mailstop 25, Washington, DC 20590, (202) 493-6212; or Robert
Lauby, Deputy Associate Administrator for Regulatory and Legislative
Operations, FRA, 1200 New Jersey Avenue, SE., Mailstop 25, Washington,
DC 20590, (202) 493-6302.
SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last
announcement of working group activities and status reports of January
29, 2010 (75 FR 4904). The 41st full RSAC meeting was held March 18,
2010, and the 42nd meeting is scheduled for September 23, 2010, at the
National Association of Home Builders, National Housing Center, located
at 1201 15th Street, NW., Washington, DC 20005.
Since its first meeting in April of 1996, the RSAC has accepted 33
tasks. Status for each of the open tasks (neither completed nor
terminated) is provided below:
Open Tasks
Task 96-4--Tourist and Historic Railroads. Reviewing the
appropriateness of the agency's current policy regarding the
applicability of existing and proposed regulations to tourist,
excursion, scenic, and historic railroads. This task was accepted on
April 2, 1996, and a Working Group was
[[Page 51526]]
established. The Working Group monitored the steam locomotive
regulation task. Planned future activities involve the review of other
regulations for possible adaptation to the safety needs of tourist and
historic railroads. Contact: Robert Lauby, (202) 493-6302.
Task 03-01--Passenger Safety. This task includes updating and
enhancing the regulations pertaining to passenger safety, based on
research and experience. This task was accepted on May 20, 2003, and a
Working Group was established. Prior to embarking on substantive
discussions of a specific task, the Working Group set forth in writing
a specific description of the task. The Working Group reports planned
activity to the full RSAC at each scheduled full RSAC meeting,
including milestones for completion of projects and progress toward
completion. At the first meeting held September 9-10, 2003, a
consolidated list of issues was completed. At the second meeting, held
on November 6-7, 2003, four task groups were established: Emergency
Preparedness, Mechanical, Crashworthiness, and Track/Vehicle
Interaction. The task forces met and reported on activities for Working
Group consideration at the third meeting, held on May 11-12, 2004, and
a fourth meeting was held October 26-27, 2004. The Working Group met on
March 21-22, 2006, and again on September 12-13, 2006, at which time
the group agreed to establish a task force on General Passenger Safety.
The full Passenger Safety Working Group met on April 17-18, 2007,
December 11-12, 2007, November 13, 2008, and June 8, 2009. On August 5,
2009, the Working Group was requested to establish an Engineering Task
Force to consider technical criteria and procedures for qualifying
alternative passenger equipment designs as equivalent in safety to
equipment meeting the design standards in the Passenger Equipment
Safety Standards. The Passenger Safety Working Group approved re-
tasking the Engineering Task Force (ETF) on July 28, 2010, to
concentrate on developing crashworthiness and occupant protection
safety recommendations for high-speed passenger trains. The re-tasked
ETF may address any safety features of the equipment, including but not
limited to crashworthiness, interior occupant protection, glazing,
emergency egress, and fire safety features. Any type of equipment may
be addressed, including conventional locomotives, high-speed power
cars, cab cars, multiple-unit (MU) locomotives, and coach cars. The
equipment addressed may be used in any type of passenger service, from
conventional-speed to high-speed. Recommendations may take the form of
criteria and procedures, revisions to existing regulations, or adoption
of new regulations, including rules of particular applicability. The
work of the re-tasked ETF is intended to assist FRA in developing
appropriate safety standards for the high-speed rail projects planned
in California and Florida. The next meeting of the Working Group is
scheduled for September 16, 2010. Contact: Charles Bielitz, (202) 493-
6314.
(ETF) The Passenger Safety Working Group approved a request from
FRA to establish an ETF under the Passenger Safety Working Group in
August 2009. The mission of the Task Force is to produce a set of
technical evaluation criteria and procedures for passenger rail
equipment built to alternative designs. The technical evaluation
criteria and procedures would provide a means of establishing whether
an alternative design would result in performance at least equal to the
structural design standards set forth in the Passenger Equipment Safety
Standards (Title 49 Code of Federal Regulations (CFR) part 238). The
initial focus of this effort will be on Tier I standards. When
completed, the criteria and procedures would form a technical basis for
making determinations concerning equivalent safety pursuant to 49 CFR
238.201, and provide a technical framework for presenting evidence to
FRA in support of any request for waiver of the compressive (buff)
strength requirement, as set forth in 49 CFR 238.203. See 49 CFR part
211, Rules of Practice. The criteria and procedures could be
incorporated into Part 238 at a later date after notice and opportunity
for public comment. ETF was formed and a kick-off meeting was held on
September 23-24, 2009. The group met again on November 3-4, 2009;
January 7-8, 2010; and March 9-10, 2010. A followup GOTO/Webinar
meeting was held on July 12, 2010. ETF has developed a draft ``Criteria
and Procedures Report,'' and will send the consensus document to the
Passenger Safety Working Group for vote when finalized; and schedule a
kick-off meeting in the October-November 2010 timeframe to address the
new high-speed task. Contact: Robert Lauby, (202) 493-6302.
(Emergency Preparedness Task Force) At the Working Group meeting on
March 9-10, 2005, the Working Group received and approved the consensus
report of the Emergency Preparedness Task Force related to emergency
communication, emergency egress, and rescue access. These
recommendations were presented to and approved by the full RSAC on May
18, 2005. The Working Group met on September 7-8, 2005, and additional,
supplementary recommendations were presented to and accepted by the
full RSAC on October 11, 2005. The Notice of Proposed Rulemaking (NPRM)
was published on August 24, 2006 (71 FR 50275), and was open for
comment until October 23, 2006. The Working Group agreed upon
recommendations for the final rule, including resolution of final
comments received, during the April 17-18, 2007, meeting. The
recommendations were presented to and approved by the full RSAC on June
26, 2007. The Passenger Train Emergency Systems final rule, focusing on
emergency communication, emergency egress, and rescue access, was
published on February 1, 2008 (73 FR 6370). The Task Force met on
October 17-18, 2007, and reached consensus on the draft rule text for a
followup NPRM on Passenger Train Emergency Systems, focusing on low
location emergency exit path marking, emergency lighting, and emergence
signage. The Task Force presented the draft rule text to the Passenger
Safety Working Group on December 11-12, 2007, and the consensus draft
rule text was presented to, and approved by full RSAC vote during the
February 20, 2008, meeting. During the May 13-14, 2008, meeting, the
Task Force recommended clarifying the applicability of back-up
emergency communication system requirements in the February 1, 2008,
final rule, and FRA announced its intention to exercise limited
enforcement discretion for a new provision amending instruction
requirements for emergency window exit removal. The Working Group
ratified these recommendations on June 19, 2008. The Task Force met
again on March 31, 2009, to clarify issues related to the followup NPRM
raised by members. The modified rule text was presented to and approved
by the Passenger Safety Working Group on June 8, 2009. The Working
Group requested that FRA draft the rule text requiring daily inspection
of removable panels or windows in vestibule doors and entrust the
Emergency Preparedness Task Force with reviewing the text. FRA sent the
draft text to the Task Force for review and comment on August 4, 2009.
The draft rule text was approved by the Passenger Safety Working Group
by mail ballot on December 23, 2009. The target timeframe for the NPRM
publication is December 2010 due to competing Rail Safety Improvement
Act of 2008 (RSIA) priorities. No additional Task Force meetings are
currently
[[Page 51527]]
scheduled. Contact: Brenda Moscoso, (202) 493-6282.
(Mechanical Task Force--Completed) Initial recommendations on
mechanical issues (revisions to 49 CFR part 238) were approved by the
full RSAC on January 26, 2005. At the Working Group meeting of
September 7-8, 2005, the Task Force presented additional perfecting
amendments and the full RSAC approved them on October 11, 2005. An NPRM
was published in the Federal Register on December 8, 2005 (70 FR
73070). Public comments were due by February 17, 2006. The final rule
was published in the Federal Register on October 19, 2006 (71 FR
61835), effective December 18, 2006.
(Crashworthiness Task Force--Completed) Among its efforts, the
Crashworthiness Task Force provided consensus recommendations on
static-end strength that were adopted by the Working Group on September
7-8, 2005. The full RSAC accepted the recommendations on October 11,
2005. The front-end strength of cab cars and MU locomotives NPRM was
published in the Federal Register on August 1, 2007 (72 FR 42016), with
comments due by October 1, 2007. A number of comments were entered into
the docket, and a Crashworthiness Task Force meeting was held September
9, 2008, to resolve comments on the NPRM. Based on the consensus
language agreed to at the meeting, FRA has prepared the text of the
final rule incorporating the resolutions made at the Task Force meeting
and the final rule language was adopted at the Passenger Safety Working
Group meeting held on November 13, 2008. The language was presented and
approved at the December 10, 2008, full RSAC meeting. The final rule
was issued on December 31, 2009, and published on January 8, 2010 (75
FR 1180). Contact: Gary Fairbanks, (202) 493-6322.
(Vehicle/Track Interaction Task Force) The Task Force is developing
proposed revisions to 49 CFR parts 213 and 238 principally regarding
high-speed passenger service. The Task Force met on October 9-11, 2007,
and again on November 19-20, 2007, in Washington, DC, and presented the
final Task Force report and final recommendations and proposed rule
text for approval by the Passenger Safety Working Group at the December
11-12, 2007, meeting. The final report and the proposed rule text were
approved by the Working Group and were presented to and approved by
full RSAC vote during the February 20, 2008, meeting. The group met on
February 27-28, 2008, and by teleconference on March 18, 2010, to
address unresolved issues and the NPRM was published on May 10, 2010
(75 FR 25928). The Task Force was called back into session on August 5-
6, 2010, to review and consider NPRM comments. Contact: John Mardente,
(202) 493-1335.
(General Passenger Safety Task Force) At the Passenger Safety
Working Group meeting on April 17-18, 2007, the Task Force presented a
progress report to the Working Group. The Task Force met on July 18-19,
2007, and afterwards it reported proposed reporting cause codes for
injuries involving the platform gap, which were approved by the Working
Group by mail ballot in September 2007. The full RSAC approved the
recommendations for changes to 49 CFR Part 225 accident/incident cause
codes on October 25, 2007. The General Passenger Safety Task Force
presented draft guidance material for management of the gap that was
considered and approved by the Working Group during the December 11-12,
2007, meeting and was presented to and approved by full RSAC vote
during the February 20, 2008, meeting. The group met April 23-24, 2008,
December 3-4, 2008, and April 21-23, 2009, and October 7-8, 2009. The
Task Force continues work on passenger train door securement, ``second
train in station,'' trespasser incidents, and System Safety-based
solutions by developing a regulatory approach to System Safety. The
Task Force has created two Task Groups to focus on these issues. The
Door Safety Task group has reached consensus on 47 out of 48 safety
issues addressed in the area of passenger train door mechanical and
operational requirements and will present draft regulatory language to
the General Passenger Safety Task Force at the next meeting. The System
Safety Task Group has produced draft regulatory language for a System
Safety Rule and will present its recommendation to the General
Passenger Safety Task Force at a July 30, 2010, GOTO/Webinar meeting
for approval. An electronic vote is planned for early August and, if
approved, the draft rule text will be presented to the Passenger Safety
Working Group at the scheduled September 16, 2010, meeting. No
additional General Passenger Safety Task Force meetings are currently
scheduled. Contact: Dan Knote, (631) 567-1596.
Task 05-01--Review of Roadway Worker Protection Issues. This task
was accepted on January 26, 2005, to review 49 CFR part 214 subpart C,
Roadway Worker Protection (RWP), and related sections of Subpart A; to
recommend consideration of specific actions to advance the on-track
safety of railroad employees and contractors engaged in maintenance-of-
way activities throughout the general system of railroad
transportation, including clarification of existing requirements. A
Working Group was established and reported to the RSAC any specific
actions identified as appropriate. The first meeting of the Working
Group was held on April 12-14, 2005. Over the course of 2 years, the
group drafted and reached consensus on regulatory language for various
revisions, clarifications, and additions to 32 separate items in 19
sections of the rule. However, two parties raised technical concerns
regarding one of those items, namely, the draft language concerning
electronic display of track authorities. The Working Group presented
and received approval on all of its consensus recommendations for draft
rule text to the full RSAC at the June 26, 2007, meeting. FRA will
address the electronic display of track authorities issue along with
eight additional items that the Working Group was unable to reach
consensus, through the traditional NPRM process. In early 2008, the
external Working Group members were solicited to review the consensus
rule text for errata review. In order to address the heightened
concerns raised with the current regulations for adjacent-track, on-
track safety, FRA decided to issue, on an accelerated basis, a separate
NPRM that would focus on this element of the RWP rule alone. An NPRM
with an abbreviated comment period regarding adjacent-track, on-track
safety was published on July 17, 2008, but was later withdrawn on
August 13, 2008, to permit further consideration of the RSAC consensus
language. A second NPRM concerning adjacent-controlled-track, on-track
safety was published on November 25, 2009, and comments were due to the
docket by January 25, 2010. Comments have been reviewed and considered
by FRA, and the target publication date for the final rule is January
2011. Due to the ongoing work of this separate rulemaking, the
remaining larger NPRM relating to the various revisions,
clarifications, and additions to 31 separate items in 19 sections of
the rule, and FRA's recommendations for nine nonconsensus items is now
planned for March 2011. Contact: Christopher Schulte, (610) 521-8201.
Task 05-02--Reduce Human Factor-Caused Train Accident/Incidents.
This task was accepted on May 18, 2005, to reduce the number of human
factor-caused train accidents/incidents and related employee injuries.
The Railroad Operating Rules Working Group was formed, and the Working
Group
[[Page 51528]]
extensively reviewed the issues presented. The final Working Group
meeting devoted to developing a proposed rule was held February 8-9,
2006. The Working Group was not able to deliver a consensus regulatory
proposal, but it did recommend that it be used to review comments on
FRA's NPRM, which was published in the Federal Register on October 12,
2006, (FR 71 60372) with public comments due by December 11, 2006. Two
reviews were held, one on February 8-9, 2007, and one on April 4-5,
2007. Consensus was reached on four items and those items were
presented and accepted by the full RSAC at the June 26, 2007, meeting.
A final rule was published in the Federal Register on February 13, 2008
(73 FR 8442) with an effective date of April 14, 2008. FRA received
four petitions for reconsideration of that final rule. The final rule
that responded to the petitions for consideration was published in the
Federal Register on June 16, 2008, and concluded the rulemaking.
Working Group meetings were held September 27-28, 2007, January 17-18,
2008, May 21-22, 2008, and September 25-26, 2008. The Working Group has
considered issues related to issuance of Emergency Order No. 26
(prohibition on use of certain electronic devices while on-duty), and
``after arrival mandatory directives,'' among other issues. The Working
Group continues to work on after arrival orders, and at the September
25-26, 2008, meeting voted to create a Highway-Rail Grade Crossing Task
Force to review highway-rail grade crossing accident reports regarding
incidents of grade crossing warning systems providing ``short or no
warning'' resulting from or contributed to ``by train operational
issues'' with the intent to recommend new accident/incident reporting
codes that would better explain such events, and which may provide
information for remedial action going forward. A followup task is to
review and provide recommendations regarding supplementary reporting of
train operations-related, no-warning or short-warning incidents that
are not technically warning system activation failures, but that result
in an accident/incident or a near miss. The Task Force has been formed
and will begin work after other RSIA priorities are met. Contact:
Douglas Taylor, (202) 493-6255.
Task 06-01--Locomotive Safety Standards. This task was accepted on
February 22, 2006, to review 49 CFR Part 229, Railroad Locomotive
Safety Standards, and revise as appropriate. A Working Group was
established with the mandate to report any planned activity to the full
Committee at each scheduled full RSAC meeting, to include milestones
for completion of projects and progress toward completion. The first
Working Group meeting was held May 8-10, 2006. Working Group meeting
were held on August 8-9, 2006, September 25-26, 2006, October 30-31,
2006, and the Working Group presented recommendations regarding
revisions to requirements for locomotive sanders to the full RSAC on
September 21, 2006. The NPRM regarding Sanders was published in the
Federal Register on March 6, 2007 (72 FR 9904). Comments received were
discussed by the Working Group for clarification, and FRA published a
Final Rule on October 19, 2007 (72 FR 59216). The Working Group met on
January 9-10, 2007, November 27-28, 2007, February 5-6, 2008, May 20-
21, 2008, August 5-6, 2008, October 22-23, 2008, January 6-7, 2009, and
April 15-16, 2009. The Working Group has now completed the review of
Part 229 and was unable to reach consensus regarding locomotive cab
temperatures standards, locomotive alerters, and remote control
locomotives. The group reached consensus regarding critical locomotive
electronic standard, updated annual/biennial air brake standards,
clarification of the ``air brakes operate as intended'' requirement,
locomotive pilot clearance within hump classification yards,
clarification of the ``high voltage'' warning requirement, an update of
``headlight lamp'' requirements, and language to allow locomotive
records to be stored electronically. The Working Group presented a
draft Part 229 rule text revision covering these items to RSAC for
consideration at the September 10, 2009, meeting and received approval.
FRA has proceeded with drafting an NPRM with a target publication date
of August 2010. The Working Group may be called back to address
comments received on the NPRM after publication. Contact: George
Scerbo, (202) 493-6249.
Task 06-03--Medical Standards for Safety-Critical Personnel. This
task was accepted on September 21, 2006, to enhance the safety of
persons in the railroad operating environment and the public by
establishing standards and procedures for determining the medical
fitness for duty of personnel engaged in safety-critical functions. A
Working Group has been established and will report any planned activity
at each scheduled full RSAC meeting, including milestones for
completion of projects and progress toward completion. The first
Working Group meeting was held December 12-13, 2006. The Working Group
has held followup meetings on the following dates: February 20-21,
2007, July 24-25, 2007, August 29-30, 2007, October 31-November 1,
2007, December 4-5, 2007, February 13-14, 2008, March 26-27, 2008,
April 22-23, 2008, and December 8-9, 2009. At the April 2008 meeting,
FRA announced that the agency would prepare an NPRM draft based on the
discussions to date and schedule a further meeting for review of the
document. The Working Group was reconvened December 8-9, 2009, and an
updated draft NPRM was presented to the Working Group for review and
comment. The Working Group has held followup meetings on February 16-
17, 2010, March 11-12, 2010, and May 24-26, 2010. The next meeting of
the Medical Standards Working Group is scheduled for August 31-
September 1, 2010. When the draft NPRM is accepted by the Medical
Standards Working Group, it will be presented to the full RSAC for
approval. Contact: Dr. Bernard Arseneau, (202) 493-6002.
(Critical Incident Task Force) The Medical Standards Working Group
accepted RSAC Task 2009-02, Critical Incident Response, during the
December 8-9, 2010, meeting. The Working Group has been tasked to
provide advice regarding development of implementing regulations for
critical incident stress plans as required by RSIA. A Critical Incident
Task Force was established by the Working Group during the May 24-26,
2010, Medical Standards Working Group meeting. A kick-off meeting for
the Critical Incident Task Force is scheduled for September 2, 2010.
Contact: Dr. Bernard Arseneau, (202) 493-6002.
(Physicians Task Force) A Physicians Task Force was established by
the Working Group in May 2007. The Task Force is proceeding to develop
medical criteria and protocols for medical conditions. These medical
criteria and protocols will be used to assess the medical fitness of
safety-critical employees to perform safety critical service under a
proposed medical standards rule. The medical criteria and protocols
will be presented to the Medical Standards Working Group and FRA when
complete. The Physicians Task Force has had meetings or conference
calls on July 24, 2007, August 20, 2007, October 15, 2007, October 31,
2007, June 23-24, 2008, September 8-10, 2008, October 8, 2008, November
12-13, 2008, December 8-10, 2008, January 27-28, 2009, February 24-25,
2009, March 11-12, 2009, March 31-April 1, 2009, April 15, 2009, April
22, 2009, May 13, 2009, May 20, 2009,
[[Page 51529]]
June 17, 2009, January 21-22, 2010, and March 3, 2010. The Physicians
Task Force presented a progress report to the Working Group during the
May 24-26, 2010, Working Group meeting. The next Physicians Task Force
meeting is scheduled for August 16-17, 2010. Contact: Dr. Bernard
Arseneau, (202) 493-6002.
Task 07-01--Track Safety Standards. This task was accepted on
February 22, 2007, to consider specific improvements to the Track
Safety Standards or other responsive actions, supplementing work
already underway on continuous welded rail (CWR) specifically to:
review controls applied to the re-use of rail in CWR ``plug rail;''
review the issue of cracks emanating from bond wire attachments;
consider improvements in the Track Safety Standards related to
fastening of rail to concrete ties; and ensure a common understanding
within the regulated community concerning requirements for internal
rail flaw inspections. The tasks were assigned to the Track Safety
Standards Working Group. The Working Group will report any planned
activity to the full Committee at each scheduled full RSAC meeting,
including milestones for completion of projects and progress toward
completion. The first Working Group meeting was held on June 27-28,
2007, and the group met again on August 15-16, 2007, and October 23-24,
2007. Two Task Forces were created under the Working Group: Concrete
Ties Task Force and Rail Integrity Task Force. The Concrete Ties Task
Force met on November 26-27, 2007, February 13-14, 2008, April 16-17,
2008, July 9-10, 2008, and September 17-18, 2008. The Concrete Ties
Task Force finalized consensus language regarding concrete crossties
(49 CFR Part 213) and presented a recommendation to the Track Standards
Working Group at the November 20, 2008, Working Group meeting. The
language was approved by both the Working Group and the December 10,
2008, RSAC meeting and the Task Force was dissolved. FRA is finalizing
an NPRM with a target publication date of August 2010. Contact: Ken
Rusk, (202) 493-6236.
Task 08-03--Track Safety Standards Rail Integrity. This task was
accepted on September 10, 2008, to consider specific improvements to
the Track Safety Standards or other responsive actions designed to
enhance rail integrity. The Rail Integrity Task Force was created in
October 2007 under Task 07-01 and first met on November 28-29, 2007.
The Task Force met on February 12-13, 2008, April 15-16, 2008, July 8-
9, 2008, September 16-17, 2008, February 3-4, 2009, June 16-17, 2009,
October 29-30, 2009, January 20-21, 2010, March 9-11, 2010, and April
20, 2010. Consensus has been achieved on bond wires and a common
understanding on internal rail flaw inspections has been reached. The
Task Force has reached consensus to recommend to the Working Group that
the item regarding ``the effect of rail head wear, surface conditions
and other relevant factors on the acquisition and interpretation of
internal rail flaw test results'' be closed. The Task Force does not
recommend regulatory action concerning head wear. Surface conditions
and their affect on test integrity has been discussed and understood
during dialogue concerning common understanding on internal rail flaw
inspections. The Task Force believes that new technology has been
developed that improves test performance and will impact the affect of
head wear and surface conditions on interpretation of internal rail
flaw test results. Consensus text was developed on recommended changes
that would approach a performance-based approach to flaw detection
scheduling. However, the group did not reach consensus on what length
of segment of track is practical to utilize on determining test cycles.
Consensus text has been finalized for recommended changes to 49 CFR
213.113, Defective rails; 213.237, Rail inspection; and 213.241,
Inspection records. The Task Force has developed a new 49 CFR 213.238,
Qualified operator language, that defines the minimum requirements for
the training of a rail flaw detector car operator. The Task Force
presented the consensus language to the Track Standards Working Group
during a July 28-30, 2010, meeting and the Track Standards Working
Group will present its recommendations to the RSAC for approval during
the September 23, 2010, Committee meeting. Contact: Carlo Patrick,
(202) 493-6399.
Task No. 08-04--Positive Train Control. This task was accepted on
December 10, 2008, to provide advice regarding development of
implementing regulations for Positive Train Control (PTC) systems and
their deployment under the RSIA. The task included a requirement to
convene an initial meeting no later than January 2009, and to report
recommendations back to RSAC no later than April 24, 2009. The PTC
Working Group was created in December 2008 by Working Group member
nominations from committee member organizations under Task 08-04 and
the kickoff meeting was held on January 26-27, 2009. The group met
again on February 11-13, 25-27, March 17-18, 2009, and March 31-April
1, 2009. On April 2, 2009, the RSAC approved the request by the Working
Group for agreement to vote on the draft rule text recommendations from
the working group by mail ballot. On May 11, 2009, by majority vote via
mail ballot, the RSAC accepted the recommendations of the PTC Working
Group and forwarded those recommendations to the Administrator, with
the understanding that there are other issues that FRA would be making
proposals with respect to their resolution. The NPRM was published on
July 21, 2009 (74 FR 36152), with comments due by August 20, 2009. In
addition, a public hearing was held on August 13, 2009 (74 FR 36152).
The PTC Working Group was reconvened on August 31-September 2, 2009, to
discuss comments received on the NPRM and the PTC Working Group
presented consensus rule text items to the RSAC for approval at the
September 10, 2009, meeting. The PTC consensus rule text was approved
by majority RSAC vote by electronic ballot on September 24, 2009, and
the final rule was published on January 15, 2010 (75 FR 2598).
(PTC Implementation Plan Task Force) A task force was formed to
assist FRA in developing a model template for a successful PTC
Implementation Plan (PTCIP), and in development of an example
associated Risk Prioritization Methodology. PTCIPs are required to be
submitted by April 16, 2010, under the mandate of RSIA. FRA posted a
final version of a PTCIP template and an example risk prioritization
methodology model for prioritization of line segment implementation to
the FRA public Web site on January 12, 2010, the same day the final
rule was made available for public review. Contact: Tom McFarlin, (202)
493-6203.
(PTC Risk Evaluation Task Force) The creation of the PTC Rick
Evaluation Task Force was approved by the PTC Working Group on April 1,
2010, to develop a computer model to estimate the risk of PTC-
preventable accidents on a line segment basis. The group was formed by
nominations from members of the PTC Working Group and the kick-off
meeting was held via GOTO/Webinar on June 17, 2010. A followup meeting
was held on August 3, 2010, and an additional followup GOTO/Webinar
meeting is scheduled for September 7, 2010. Contact: Mark Hartong,
(202) 493-1332.
Task No. 08-07--Conductor Certification. This task was accepted on
December 10, 2008, to develop regulations for certification of railroad
conductors, as required by RSIA, and to consider any appropriate
related
[[Page 51530]]
amendments to existing regulations and report recommendations for
proposed or interim final rule (as determined by FRA in consultation
with the Office of the Secretary of Transportation and the Office of
Management and Budget) by October 16, 2009. The Conductor Certification
Working Group was officially formed by nominations from member
organizations in April 2009, and the first meeting was held on July 21-
23, 2009. Additional meetings are scheduled for August 25-27, 2009,
September 15-17, 2009, October 20-22, 2009, November 17-19, 2009, and
December 16-18, 2009. Tentative consensus was reached on the vast
majority of the regulatory text. The Working Group approved the draft
rule text by electronic ballot and the consensus draft language was
approved by the RSAC on March 18, 2010, by unanimous vote as the
recommendation from the Committee to the FRA Administrator and work to
finalize the NPRM for publication is underway with a target publication
date of late August 2010. Contact: Mark McKeon, (202) 493-6350.
Task No. 09-01--Passenger Hours of Service. This task was accepted
on April 2, 2009, to provide advice regarding development of
implementing regulations for the hours of service of operating
employees of commuter and intercity passenger railroads under RSIA. The
group has been tasked to review available data concerning the effects
of fatigue on the performance of subject employees and consider the
role of fatigue prevention in determining maximum hours of service. The
group has also been tasked to consider the potential for alternative
approaches to hour of service using available tools for evaluating the
impact of various crew schedules and determine the effect of
alternative approaches on the availability of employees to support
passenger service. The group is charged to report whether existing
hours of service restrictions are effective in preventing fatigue among
subject employees, whether an alternative approach to hours of service
for the subject employees would enhance safety and whether alternative
restrictions on hours of service could be coupled with other fatigue
countermeasures to promote the fitness of employees for safety-critical
duties. The Passenger Hours of Service Working Group was officially
formed through the formal Committee member nomination process in May
2009, and the first meeting was held on June 24, 2009. Followup Working
Group meetings were held on February 2-3, 2010, March 4-5, 2010, April
6, 2010, May 20, 2010, and June 29, 2010. Consensus has been reached on
a majority of the issues and the draft rule text has been matured. The
Working Group plans to bring the draft to electronic vote during the
month of August 2010 and, if passed, will present its recommendations
to the RSAC on September 23, 2010. A Passenger Hours of Service Task
Force was formed to review collected data and provide recommendations
to the Working Group. The Task Force met on January 14-15, 2010, March
30-31, 2010, and June 16, 2010. Contact: Mark McKeon, (202) 493-6350.
Task No. 10-0--Minimum Training Standards and Plans. This task was
accepted on March 18, 2010, to establish minimum training standards for
each class and craft of safety-related railroad employee and their
railroad contractor and subcontractor equivalents, as required by RSIA.
The group has been tasked to assist FRA in developing regulations
responsive to the legislative mandate, while ensuring generally
accepted principles of adult learning are employed in training/
development and delivery; determine a reasonable method for submission
and FRA review of training plans which takes human resource limitations
into account; establish reasonable oversight criteria to ensure
training plans are effective, using the operational tests and
inspections requirements of 49 CFR part 217 as a model. The Training
Standards Working Group was officially formed through the formal
Committee member nomination process in March 2010, and the first
meeting was held on April 13-14, 2010. A followup Working Group meeting
was held on June 2-3, 2010, and additional followup meetings are
scheduled for August 17-18 and September 21-22, 2010. A Task Analysis
Task Force was formed under the Working Group to develop a task
analysis template and met in Florence, KY, on June 22-23, 2010, with
CSX Transportation hosting the event. The group developed a 21-page
task analysis document for an outbound train yard carman position,
which is complete regarding FRA railroad safety laws, regulations, and
orders. The document is not fully complete for the other railroad
duties that are not covered by FRA, but the Task Force did agree to
capture many of those duties in the document. This document will be
presented and discussed at the August 17-18, 2010, Working Group
meeting. Two additional Working Group meetings are scheduled for
September 21-22, 2010, and October 19-20, 2010.
Completed Tasks:
Task 96-1--(Completed) Revising the Freight Power Brake
Regulations.
Task 96-2--(Completed) Reviewing and recommending revisions to the
Track Safety Standards (49 CFR part 213).
Task 96-3--(Completed) Reviewing and recommending revisions to the
Radio Standards and Procedures (49 CFR part 220).
Task 96-5--(Completed) Reviewing and recommending revisions to
Steam Locomotive Inspection Standards (49 CFR part 230).
Task 96-6--(Completed) Reviewing and recommending revisions to
miscellaneous aspects of the regulations addressing Locomotive Engineer
Certification (49 CFR part 240).
Task 96-7--(Completed) Developing Roadway Maintenance Machines (On-
Track Equipment) Safety Standards.
Task 96-8--(Completed) This Planning Task evaluated the need for
action responsive to recommendations contained in a report to Congress
entitled, Locomotive Crashworthiness & Working Conditions.
Task 97-1--(Completed) Developing crashworthiness specifications
(49 CFR part 229) to promote the integrity of the locomotive cab in
accidents resulting from collisions.
Task 97-2--(Completed) Evaluating the extent to which
environmental, sanitary, and other working conditions in locomotive
cabs affect the crew's health and the safe operation of locomotives,
proposing standards where appropriate.
Task 97-3--(Completed) Developing event recorder data survivability
standards.
Task 97-4 and Task 97-5--(Completed) Defining PTC functionalities,
describing available technologies, evaluating costs and benefits of
potential systems, and considering implementation opportunities and
challenges, including demonstration and deployment.
Task 97-6--(Completed) Revising various regulations to address the
safety implications of processor-based signal and train control
technologies, including communications-based operating systems.
Task 97-7--(Completed) Determining damages qualifying an event as a
reportable train accident.
Task 00-1--(Completed-task withdrawn) Determining the need to amend
regulations protecting persons who work on, under, or between rolling
equipment and persons applying, removing or inspecting rear end marking
devices (Blue Signal Protection).
[[Page 51531]]
Task 01-1--(Completed) Developing conformity of FRA's regulations
for accident/incident reporting (49 CFR Part 225) to revised
regulations of the Occupational Safety and Health Administration
(OSHA), U.S. Department of Labor, and to make appropriate revisions to
the FRA Guide for Preparing Accident/Incident Reports (Reporting
Guide).
Task 08-01--(Completed) Report on the Nation's Railroad Bridges.
Report to FRA on the current state of railroad bridge safety
management; update the findings and conclusions of the 1993 Summary
Report of the FRA Railroad Bridge Safety Survey.
Task No. 08-06--(Completed) Hours of Service Record Keeping and
Reporting. Develop revised record keeping and reporting requirements
for hours of service of railroad employees. Final rule published May
27, 2009, with an effective date of July 16, 2009. (74 FR 25330).
Task No. 08-05--(Completed) Railroad Bridge Safety Assurance.
Develop a rule encompassing the requirements of Section 417, Railroad
Bridge Safety Assurance, of RSIA bridge failure. Final rule published
July 15, 2010 (75 FR-41282).
Task 06-02--(Completed) Track Safety Standards and Continuous
Welded Rail. Issue requirements for inspection of joint bars in
continuous welded rail (CWR) to detect cracks that could affect the
integrity of the track structure published a Final Rule on August 25,
2009, with correcting amendment published October 21, 2009.
Please refer to the notice published in the Federal Register on
March 11, 1996, (61 FR 9740) for more information about the RSAC.
Issued in Washington, DC, on August 16, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-20635 Filed 8-19-10; 8:45 am]
BILLING CODE 4910-06-P