[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76070-76077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30620]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2000-7257; Notice No. 65]
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) 493-6474.
[[Page 76071]]
SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last
announcement of working group activities and status reports of August
20, 2010 (75 FR 51525). The 42nd full RSAC meeting was held September
23, 2010, and the 43rd meeting is scheduled for December 14, 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 34
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 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) 493-6474.
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 on 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 (ETF) 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 Working Group met on September 16,
2010; currently there are no additional meetings scheduled. Contact:
Charles Bielitz, (202) 493-6314.
(Engineering Task Force) 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 ETF 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 Section 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 49 CFR part 238 at a later
date after a notice and an opportunity for public comment. The ETF was
formed and a kickoff 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.
The ETF developed a draft Criteria and Procedures Report that was
approved by the Passenger Safety Working Group during the September 16,
2010, meeting and by the RSAC Committee during the September 23, 2010,
meeting. The document has been placed on the FRA Web site at the
following address: http://www.fra.dot.gov/downloads/safety/RSAC_REPORT-%209-16-10.pdf.
(Engineering Task Force II) To build on the success of the ETF in
developing a set of alternative technical criteria and procedures for
evaluating the crashworthiness and occupant protection performance of
passenger rail equipment in service at conventional operating speeds,
the FRA requested that the Passenger Safety Working Group re-task the
group to concentrate on developing crashworthiness and occupant
protection safety recommendations for high-speed passenger trains. The
Passenger Safety Working Group accepted the task on July 28, 2010, by
electronic vote. Under the new task, the task force 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 ETF II held a kickoff meeting on October
21-22, 2010, to begin work on the new high-speed task and has a
followup meeting scheduled for January 11-12, 2011. Contact: Robert
Lauby, (202) 493-6474.
(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
[[Page 76072]]
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 backup 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 January 2011 due to
competing Rail Safety Improvement Act of 2008 (RSIA) priorities. No
additional task force meetings are currently 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 NPRM regarding front-end strength of cab cars and MU
locomotives 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. 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 was 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, and the target date set
for the Final Rule is April 2011. 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 on April 23-24,
2008, December 3-4, 2008, and on April 21-23, 2009, October 7-8, 2009,
and July 30, 2010, by GoTo/Webinar teleconference. 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 and has five items that have been remanded to the task
force for vote that are addressed in the area of passenger train door
mechanical and operational requirements. The group presented draft
regulatory language to the Passenger Safety Working Group at the
September 16, 2010, meeting. More work remains to ensure the 49 CFR
Part 238 door rule consensus document and the proposed American Public
Transit Association (APTA) door standard (APTA SS-M-18-10) use uniform
language. The Passenger Safety Working Group conditionally agreed to
vote electronically on the proposal providing the new language and the
APTA door standard (APTA SS-M-18-10) are uniform. No additional Door
Safety Task Group meetings are currently scheduled.
The System Safety Task Group has produced draft regulatory language
for a System Safety Rule, but further work on this rulemaking is
delayed until a study required by the RSIA to determine whether
additional protections are necessary to protect System Safety Program
Plan risk analysis data is complete. The RSIA deadline for the System
Safety Rule is October 2012. No additional System Safety Task Group
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
[[Page 76073]]
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 on, 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 April 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 9
nonconsensus items is now planned for June 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 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 (71 FR 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 to 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 on 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 it 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 meetings
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 49
CFR 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 standards, 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 49 CFR Part 229 rule text revision covering these items to the
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 December 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
[[Page 76074]]
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; May 24-26, 2010; and August 31-September 1, 2010. The
Working Group last met November 18-19, 2010, and is planning to
schedule its next meeting on dates to be determined by Working Group
members during the second quarter of FY 2011. No additional Medical
Standards Working Group meetings are currently scheduled at this time.
Once completed, the draft medical standards rule 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 the RSIA. On September
10, 2009, the task was accepted to provide advice for development of a
proposed rule that implements Section 410 of the RSIA requiring each
covered railroad to implement an approved ``critical incident stress
plan.'' During the Medical Standards Working Group meeting held May 24-
25, 2010, the Working Group established a Critical Incident Task Force.
The task force will report its activities and progress to the Medical
Standards Working Group and full RSAC during each Working Group and
full RSAC meeting. FRA has solicited applications to assess the
applicability of current knowledge about post traumatic interventions
and to advance evidence-based recommendations for controlling the risks
associated with traumatic exposure in the railroad setting. The Medical
Standards Working Group plans to nominate the grantee for appointment
to the Critical Incident Task Force during the next Working Group
meeting. An initial meeting of the Critical Incident Task Force will be
scheduled once the grant has been awarded. 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 developing 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; June 17, 2009; January 21-22, 2010; March
3, 2010; and August 16-17, 2010. The Physicians Task Force last met
October 25-26, 2010, and plans to schedule a conference call during
December 2010 and to schedule a followup meeting during the second
quarter of FY 2011. 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. The Concrete
Crossties NPRM was published on August 26, 2010 (75 FR 52490). The
Track Standards Working Group met on October 26-27, 2010, to discuss
the outstanding issue of Plug rail. The Working Group reached consensus
on regulatory language regarding the reuse of plug rail, and the
consensus language will be presented to the RSAC Committee during the
December 14, 2010, meeting for approval. RSAC Task 07-01 will be
complete if approved by the Committee and no further Working Group
meetings are currently scheduled. Contact: Carlo Patrick, (202) 493-
6399.
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 effect 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 effect 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 use 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
[[Page 76075]]
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 the July 28-30, 2010, meeting and the
Track Standards Working Group presented its consensus recommendations
to the RSAC Committee for approval during the September 23, 2010,
Committee meeting. By majority vote, the RSAC accepted the
recommendations of the Track Standards Working Group and forwarded
those recommendations to the FRA Administrator completing RSAC Task 08-
03. The associated NPRM is currently in development. 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 the 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 for which 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). Final rule amendments were published on September 27, 2010 (75
FR 59108). No additional meetings are scheduled.
(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 were required to be
submitted by April 16, 2010, under the mandate of the RSIA. On January
12, 2010, FRA posted to its public Web site a final version of a PTCIP
template and an example risk prioritization methodology model for
prioritization of line segment implementation. This was the same day
the final rule was made available for public review. No further
meetings of this task force are currently scheduled. Contact: Tom
McFarlin, (202) 493-6203.
(PTC Risk Evaluation Task Force) The creation of the PTC Risk
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 kickoff
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 was held on September 7, 2010. No additional meetings are
scheduled at this time. 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 the RSIA, and to consider any appropriate
related 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 were held on 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. The
resulting NPRM was published in the Federal Register on November 10,
2010 (75 FR 69166). The Working Group may be called back to meet and
review any comments received on the NPRM. After the final rule is
published, the Working Group will reconvene to make conforming
amendments to the locomotive engineer certification regulation as
appropriate. 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 the RSIA.
The group has been tasked to review available data concerning the
effects of fatigue on the performance of subject employees and to
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. The
Working Group approved the draft rule text by electronic ballot on
September 22, 2010, and the consensus draft language was approved by
the RSAC on October 15,
[[Page 76076]]
2010, by unanimous electronic vote as the recommendation from the
Committee to the FRA Administrator. Work to finalize the NPRM for
publication is underway with a target publication date of April 2011.
The Working Group will meet on December 9, 2010, to discuss the
approved consensus language and the NPRM preamble. Contact: Mark
McKeon, (202) 493-6350.
Task No. 10-01--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 and
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 Working Group met on August 17-18 and October 19-20, 2010,
and by GoTo/Webinar on November 15-16, 2010. The Working Group has
reached consensus and the resulting training standards draft regulatory
language will be presented to the RSAC Committee for approval on
December 14, 2010. No additional Working Group meetings are scheduled
at this time. Contact: Michael Logue, (202) 493-6301.
Task No. 10-02--Safety Technology in Dark Territory. This task was
accepted on September 23, 2010, to provide advice regarding development
of standards, guidance, regulations, or orders governing the
development, use, and implementation of rail safety technology in dark
territory, as required by Section 406 of the RSIA. Specifically, to
assist FRA in developing regulations responsive to the legislative
mandate and to report recommendations to the FRA Administrator for a
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 September 30, 2011. RSAC member organizations
have submitted expressions of interest in participating in the Dark
Territory Working Group and formation of the group and timelines for
the task are on the RSAC meeting agenda for the December 14, 2010
Committee meeting. Contact: Olga Cataldi, (202) 493-6321.
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
titled, 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).
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, 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 Recordkeeping and
Reporting. Develop revised recordkeeping 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 of the RSIA
(Railroad Bridge Safety Assurance) regarding bridge failure. Final rule
published on July 15, 2010 (75 FR 41282).
Task 06-02--(Completed) Track Safety Standards and CWR. Issue
requirements for inspection of joint bars in 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 on 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.
[[Page 76077]]
Issued in Washington, DC, on December 2, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-30620 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-06-P