Railroad Safety Advisory Committee (RSAC); Working Group Activity Update, 29838-29841 [E8-11532]
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29838
Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
I–77/I–81 Improvement Project in
Wythe County; (3) Interstate 66
Multimodal Transportation and
Environmental Study in Fairfax and
Prince William Counties; (4) Route 29
South Bypass Improvement Project near
Lynchburg; and (5) Spotsylvania
Parkway in Spotsylvania County.
Ken
Myers, Planning and Environmental
Program Manager, Federal Highway
Administration, 400 North 8th Street,
Suite 750, Richmond, Virginia 23219–
4825. Telephone: (804) 775–3353.
FOR FURTHER INFORMATION CONTACT:
The
FHWA is rescinding the Notice of Intent
to prepare an Environmental Impact
Statement for the following five
proposals: (1) Outer Connector in
Stafford and Spotsylvania Counties; (2)
I–77/I–81 Improvement Project in
Wythe County; (3) Interstate 66
Multimodal Transportation and
Environmental Study in Fairfax and
Prince William Counties; (4) Route 29
South Bypass Improvement Project near
Lynchburg; and (5) Spotsylvania
Parkway in Spotsylvania County. The
corresponding Notice of Intent
publication dates for each of the EISs
are as follows: (1) June 1, 1995; (2) May
10, 2001; (3) January 11, 2002; (4) March
4, 2002; and (5) November 15, 2002.
SUPPLEMENTARY INFORMATION:
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
proposed action.)
Authority: 23 U.S.C. 315; 49 CFR 1.48.
Issued on: May 12, 2008.
Kenneth Myers,
Planning and Environmental Program
Manager.
[FR Doc. E8–11452 Filed 5–21–08; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
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Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
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17:03 May 21, 2008
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Long Island Railroad Company
(Waiver Petition Docket Number FRA–
2008–0045)
The Long Island Railroad Company
(LIRR) seeks a permanent waiver of
compliance from a certain provision of
the Use of Locomotive Horns at
Highway-Rail Grade Crossings, 49 CFR
Part 222. LIRR is seeking a waiver to
permit trains to sound one short blast of
the train horn when departing from 24
specific train stations, which are located
no more than 50 feet from a public
highway-rail grade crossing.
Specifically, LIRR is seeking a waiver
from the provisions of 49 CFR Part
222.21. The waiver petition is supported
by the ten public authorities that are
responsible for the roadways near the 24
train stations listed in the petition.
LIRR states that the modification to
the final rule 49 CFR 222.21 on August
17, 2006, by the addition of 49 CFR
222.21(d), which provides that under
certain conditions trains stopped in the
vicinity of public highway-rail grade
crossings would be able to sound their
horn less than 15 seconds, still requires
the railroad to blow its horn in required
sequence (two longs, one short and two
longs) until the lead locomotive blocks
the crossing from all approaches.
LIRR states that its previous practice
at these 24 train stations were to sound
a short blast as the train departed the
station and approached the nearby
highway-rail grade crossing. LIRR states
that a review of internal and FRA
records for the past 10 years show no
incidents occurring when trains
departed from any of these stations. The
approximate distance between the edge
of the road to the station platform varies
between 8 to 50 feet. All of the crossings
are equipped with gates, flashing lights
and bells. LIRR requests to return to its
prior policy of sounding one short blast
of its train horn when departing from
the 24 train stations. It believes, based
upon the lack of any incidents when
trains departed from the stations under
its previous practice, that the safety of
those traversing the crossings, as well as
LIRR’s customers and employees, will
not be adversely affected. It has received
numerous complaints about the
additional train horn noise since 49 CFR
Part 222 went into effect.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
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the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2008–
0045) and may be submitted by any of
the following methods:
1. Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
2. Fax: 202–493–2251.
3. Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
4. Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Issued in Washington, DC on May 16,
2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E8–11457 Filed 5–21–08; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257; Notice No. 47]
Railroad Safety Advisory Committee
(RSAC); Working Group Activity
Update
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
AGENCY:
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Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
Announcement of Railroad
Safety Advisory Committee working
group activities.
ACTION:
SUMMARY: FRA is updating its
announcement of RSAC’s Working
Group activities to reflect its current
status.
FOR FURTHER INFORMATION CONTACT:
Larry Woolverton, RSAC Coordinator,
FRA, 1200 New Jersey Avenue, SE.,
Mailstop 25, Washington, DC 20590,
(202) 493–6212, or Grady Cothen,
Deputy Associate Administrator for
Safety, 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 as of
February 1, 2008, (73 FR 6257). The
34th full RSAC Committee meeting was
held February 20, 2008, and the 35th
meeting is scheduled for June 11, 2008,
at the National Housing Center in
Washington, DC.
Since its first meeting in April of
1996, the RSAC has accepted 25 tasks.
The status for each of the tasks is
provided below.
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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: Grady Cothen, Jr., (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 activities to the full Committee
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 November 6–7,
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2003, four task groups were established:
Emergency preparedness, mechanical,
crashworthiness, and track/vehicle
interaction. The task groups met and
reported on activities for working group
consideration at the third meeting held
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, and again on December 11–12,
2007. The next meeting is scheduled for
June 18, 2008. Contact: Charles Bielitz,
(202) 493–6314.
(Emergency Preparedness Task Force)
At the working group meeting of 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, and was
open for comments until October 23,
2006. The working group agreed upon
recommendations for resolution of final
comments during the April 17–18, 2007,
meeting. The recommendations were
presented to, and approved by, the full
RSAC on June 26, 2007. The final rule
regarding 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 the group reached
consensus on draft rule text for a
followup NPRM on passenger train
emergency systems. 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
and approved by a full RSAC vote
during the February 20, 2008, meeting.
The next meeting is scheduled for May
13–14, 2008. Contact: Brenda Moscoso,
(202) 493–6282.
(Mechanical Task Force) (Completed)
Initial recommendations on mechanical
issues (revisions to Title 49 Code of
Federal Regulations (CFR) part 238)
were approved by the full Committee 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
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29839
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) 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
Committee accepted the
recommendations on October 11, 2005.
The Front-End Strength of Cab Cars and
Multiple-Unit 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 FRA is considering each
of them in drafting a final rule. To
demonstrate the means of determining
compliance with the crashworthiness
requirements of the rule, FRA scheduled
deformation tests as prescribed in the
NPRM. A dynamic impact test per the
performance standard was conducted on
April 16, 2008. Additionally, two quasistatic tests are planned for May 22, 2008
and June 25, 2008. The objectives of the
tests are to show alternative means for
demonstrating compliance with
dynamic performance and quasi-static
strength-based standard outlined in the
NPRM. 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 highspeed 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 last met on February 27–28, 2008,
and FRA is currently drafting an NPRM.
No additional task force meetings are
currently scheduled. Contact: John
Mardente, (202) 493–1335.
(General Passenger Safety Task Force)
At the 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 afterward it reported proposed
reporting cause codes for injuries
involving the platform gap that were
approved by the working group by mail
ballot in September 2007. The full
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29840
Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
RSAC approved the recommendations
for changes to 49 CFR Part 225 accident/
incident cause codes on October 25,
2007. 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 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 and approved by full
RSAC vote during the February 20,
2008, meeting. The group met last on
April 23–24, 2008. 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, and related sections
of Subpart A; recommend consideration
of specific actions to advance the ontrack safety of railroad employees and
contractors engaged in maintenance-ofway 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. The group drafted and accepted
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 the draft
language concerning electronic display
of track authorities. The working group
reported recommendations to the full
Committee at the June 26, 2007,
meeting. FRA, through the NPRM
process, is to address this issue along
with eight additional items on which
the working group was unable to reach
a consensus. Comments were received
and were considered during the drafting
of the NPRM. In early 2008, the external
working group members were solicited
to review the consensus text for errata
review. A draft NPRM is currently
under review for legal sufficiency by the
Office of Safety staff and legal counsel,
and is expected to be published in late
2008. Contact: Christopher Schulte,
(610) 521–8201.
Task 05–02—Reduce Human FactorCaused Train Accident/Incidents. This
task was accepted on May 18, 2005, to
reduce the number of human factorcaused train accidents/incidents and
related employee injuries. The Railroad
Operating Rules Working Group was
formed and the group extensively
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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 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 February
8–9, 2007, and the other April 4–5,
2007. Consensus was reached on four
items and those items were presented
and accepted by the full RSAC
Committee 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. The most recent
working group meetings were held
September 27–28, 2007, and January
17–18, 2008. The next meeting is
scheduled for May 21–22, 2008.
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
meetings were held on August 8–9,
2006; September 25–26, 2006; October
30–31, 2006; January 9–10, 2007; 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
is continuing the review of 49 CFR Part
229 with a view to proposing further
revisions to update the standards. The
working group met on November 27–28,
2007, and February 5–6, 2008. The next
meeting is scheduled for May 20–21,
2008, and a followup meeting is
scheduled for August 5–6, 2008.
Contact: George Scerbo, (202) 493–6249.
Task 06–02—Track Safety Standards
and Continuous Welded Rail. Section
9005 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (Pub.L. No. 109–59,
‘‘SAFETEA–LU’’), the 2005 Surface
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Transportation Authorization Act,
requires FRA to issue requirements for
inspection of joint bars in continuous
welded rail (CWR) to detect cracks that
could affect the integrity of the track
structure. (49 U.S.C. 20142(e)). FRA
published an interim final rule (IFR)
establishing new requirements for
inspections on November 2, 2005 (70 FR
66288). On October 11, 2005, FRA
offered the RSAC a task to review
comments on this IFR, but the
conditions could not be established
under which the Committee could have
undertaken this with a view toward
consensus. Comments on the IFR were
received through December 19, 2005,
and FRA reviewed the comments. On
February 22, 2006, the RSAC accepted
this task to review and revise the CWR
related to provisions of the Track Safety
Standards, with particular emphasis on
reduction of derailments and
consequent injuries and damage caused
by defective conditions, including joint
failures, in track using CWR. A working
group was established. 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
April 3–4, 2006, at which time the
working group reviewed comments on
the IFR. The second working group
meeting was held April 26–28, 2006.
The working group also met May 24–25,
2006, and July 19–20, 2006. The
working group reported consensus
recommendations for the final rule that
were accepted by the full RSAC
Committee by mail ballot on August 11,
2006. The final rule was published in
the Federal Register on October 11,
2006, (71 FR 59677). The working group
is continuing its review of 49 CFR
Section 213.119 with a view to
proposing further revisions to update
the standards. The working group met
January 30–31, 2007; April 10–11, 2007;
June 27–28, 2007; August 15–16, 2007;
October 23–24, 2007; and January, 8–9,
2008. The working group reported
consensus recommendations for
revisions to 49 CFR Section 213.119
regulations to the full RSAC Committee
on February 20, 2008, and the
recommendations were accepted. The
next meeting is scheduled for
September 16–17, 2008. Contact: Ken
Rusk, (202) 493–6236.
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
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Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
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 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 December 12–
13, 2006. The working group met on
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; and April 22–23, 2008. A task
force of physicians was established in
May 2007 to work on specific medical
exam-related issues. The task force of
physicians has had meetings or
conference calls on July 24, 2007;
August 20, 2007; October 15, 2007; and
October 31, 2007, and is scheduled to
meet again on June 23–24, 2008.
Contact: Alan Misiaszek, (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 (TSS) or
other responsive actions, supplementing
work already underway on CWR
specifically: review controls applied to
reuse of rail in CWR ‘‘plug rail,’’ review
the issue of cracks emanating from bond
wire attachments, consider
improvements in the TSS related to
fastening of rail to concrete ties, and
ensure a common understanding within
the regulated community concerning
requirements for internal rail flaw
inspections. These 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; the Concrete
Ties Task Force and the Rail Integrity
Task Force. The Concrete Ties Task
Force met on November 26–27, 2007;
February 13–14, 2008; and April 16–17,
2008, and the next meeting is scheduled
for July 9–10, 2008. The Rail Integrity
Task Force met on November 28–29,
2007; February 12–13, 2008; and April
15–16, 2008, and the next meeting is
scheduled for July 8–9, 2008. Contact:
Ken Rusk, (202) 493–6236.
Task 08–01—Report on the Nation’s
Railroad Bridges. This task was
accepted on February 20, 2008, to report
to the Federal Railroad Administrator
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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, and include
recommendations for further action
with a target date of November 3, 2008.
The working group first met on April
24–25, 2008 and the next meeting is
scheduled for June 12–13, 2008.
Completed Tasks
Task 96–1—(Completed) Revising the
Freight Power Brake Regulations.
Task 96–2—(Completed) Reviewing
and recommending revisions to the TSS
(49 CFR part 213).
Task 96–3—(Completed) Reviewing
and recommending revisions to the
Radio Standards and Procedures (found
under 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 (OnTrack 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 positive train
control 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.
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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).
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 May 15,
2008.
Michael J. Logue,
Associate Administrator for Safety
Compliance and Program Implementation.
[FR Doc. E8–11532 Filed 5–21–08; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2008–0024]
Notice of Proposed Buy America
Waiver for the National Fuel Cell Bus
Technology Development Program
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of proposed Buy America
waiver and request for comment.
AGENCY:
SUMMARY: The Federal Transit
Administration (FTA) proposes to waive
its Buy America requirements for
projects funded under the National Fuel
Cell Bus Technology Development
Program (Fuel Cell Bus Program). This
Notice sets forth FTA’s justification and
seeks comment thereon. The purpose of
the Fuel Cell Bus Program is to facilitate
the development of commercially viable
fuel cell bus technology and related
infrastructure.
Comments must be received by
May 29, 2008. Late-filed comments will
be considered to the extent practicable.
ADDRESSES: Please submit your
comments by only one of the following
means, identifying your submissions by
docket number FTA–2008–0024. All
electronic submissions must be made to
DATES:
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29838-29841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11532]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2000-7257; Notice No. 47]
Railroad Safety Advisory Committee (RSAC); Working Group Activity
Update
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
[[Page 29839]]
ACTION: Announcement of Railroad Safety Advisory Committee working
group activities.
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SUMMARY: FRA is updating its announcement of RSAC's Working Group
activities to reflect its current status.
FOR FURTHER INFORMATION CONTACT: Larry Woolverton, RSAC Coordinator,
FRA, 1200 New Jersey Avenue, SE., Mailstop 25, Washington, DC 20590,
(202) 493-6212, or Grady Cothen, Deputy Associate Administrator for
Safety, 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 as of
February 1, 2008, (73 FR 6257). The 34th full RSAC Committee meeting
was held February 20, 2008, and the 35th meeting is scheduled for June
11, 2008, at the National Housing Center in Washington, DC.
Since its first meeting in April of 1996, the RSAC has accepted 25
tasks. The status for each of the tasks 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: Grady Cothen, Jr., (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
activities to the full Committee 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
November 6-7, 2003, four task groups were established: Emergency
preparedness, mechanical, crashworthiness, and track/vehicle
interaction. The task groups met and reported on activities for working
group consideration at the third meeting held 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, and
again on December 11-12, 2007. The next meeting is scheduled for June
18, 2008. Contact: Charles Bielitz, (202) 493-6314.
(Emergency Preparedness Task Force) At the working group meeting of
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, and was open for
comments until October 23, 2006. The working group agreed upon
recommendations for resolution of final comments during the April 17-
18, 2007, meeting. The recommendations were presented to, and approved
by, the full RSAC on June 26, 2007. The final rule regarding 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 the group reached consensus on draft rule text for a followup
NPRM on passenger train emergency systems. 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 and approved
by a full RSAC vote during the February 20, 2008, meeting. The next
meeting is scheduled for May 13-14, 2008. Contact: Brenda Moscoso,
(202) 493-6282.
(Mechanical Task Force) (Completed) Initial recommendations on
mechanical issues (revisions to Title 49 Code of Federal Regulations
(CFR) part 238) were approved by the full Committee 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) 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
Committee accepted the recommendations on October 11, 2005. The Front-
End Strength of Cab Cars and Multiple-Unit 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 FRA is considering each of them in drafting a final
rule. To demonstrate the means of determining compliance with the
crashworthiness requirements of the rule, FRA scheduled deformation
tests as prescribed in the NPRM. A dynamic impact test per the
performance standard was conducted on April 16, 2008. Additionally, two
quasi-static tests are planned for May 22, 2008 and June 25, 2008. The
objectives of the tests are to show alternative means for demonstrating
compliance with dynamic performance and quasi-static strength-based
standard outlined in the NPRM. 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 last
met on February 27-28, 2008, and FRA is currently drafting an NPRM. No
additional task force meetings are currently scheduled. Contact: John
Mardente, (202) 493-1335.
(General Passenger Safety Task Force) At the 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 afterward it
reported proposed reporting cause codes for injuries involving the
platform gap that were approved by the working group by mail ballot in
September 2007. The full
[[Page 29840]]
RSAC approved the recommendations for changes to 49 CFR Part 225
accident/incident cause codes on October 25, 2007. 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 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 and
approved by full RSAC vote during the February 20, 2008, meeting. The
group met last on April 23-24, 2008. 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, and related sections of Subpart A; 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. The group drafted and accepted 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 the draft language concerning electronic display of
track authorities. The working group reported recommendations to the
full Committee at the June 26, 2007, meeting. FRA, through the NPRM
process, is to address this issue along with eight additional items on
which the working group was unable to reach a consensus. Comments were
received and were considered during the drafting of the NPRM. In early
2008, the external working group members were solicited to review the
consensus text for errata review. A draft NPRM is currently under
review for legal sufficiency by the Office of Safety staff and legal
counsel, and is expected to be published in late 2008. 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 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 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 February 8-9, 2007, and the other April 4-5,
2007. Consensus was reached on four items and those items were
presented and accepted by the full RSAC Committee 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. The
most recent working group meetings were held September 27-28, 2007, and
January 17-18, 2008. The next meeting is scheduled for May 21-22, 2008.
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 meetings
were held on August 8-9, 2006; September 25-26, 2006; October 30-31,
2006; January 9-10, 2007; 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 is continuing the review of 49 CFR Part
229 with a view to proposing further revisions to update the standards.
The working group met on November 27-28, 2007, and February 5-6, 2008.
The next meeting is scheduled for May 20-21, 2008, and a followup
meeting is scheduled for August 5-6, 2008. Contact: George Scerbo,
(202) 493-6249.
Task 06-02--Track Safety Standards and Continuous Welded Rail.
Section 9005 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub.L. No. 109-59,
``SAFETEA-LU''), the 2005 Surface Transportation Authorization Act,
requires FRA to issue requirements for inspection of joint bars in
continuous welded rail (CWR) to detect cracks that could affect the
integrity of the track structure. (49 U.S.C. 20142(e)). FRA published
an interim final rule (IFR) establishing new requirements for
inspections on November 2, 2005 (70 FR 66288). On October 11, 2005, FRA
offered the RSAC a task to review comments on this IFR, but the
conditions could not be established under which the Committee could
have undertaken this with a view toward consensus. Comments on the IFR
were received through December 19, 2005, and FRA reviewed the comments.
On February 22, 2006, the RSAC accepted this task to review and revise
the CWR related to provisions of the Track Safety Standards, with
particular emphasis on reduction of derailments and consequent injuries
and damage caused by defective conditions, including joint failures, in
track using CWR. A working group was established. 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 April 3-4, 2006, at which time the working group
reviewed comments on the IFR. The second working group meeting was held
April 26-28, 2006. The working group also met May 24-25, 2006, and July
19-20, 2006. The working group reported consensus recommendations for
the final rule that were accepted by the full RSAC Committee by mail
ballot on August 11, 2006. The final rule was published in the Federal
Register on October 11, 2006, (71 FR 59677). The working group is
continuing its review of 49 CFR Section 213.119 with a view to
proposing further revisions to update the standards. The working group
met January 30-31, 2007; April 10-11, 2007; June 27-28, 2007; August
15-16, 2007; October 23-24, 2007; and January, 8-9, 2008. The working
group reported consensus recommendations for revisions to 49 CFR
Section 213.119 regulations to the full RSAC Committee on February 20,
2008, and the recommendations were accepted. The next meeting is
scheduled for September 16-17, 2008. Contact: Ken Rusk, (202) 493-6236.
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
[[Page 29841]]
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 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 December 12-13, 2006. The working group
met on 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; and April 22-23, 2008. A task force of physicians
was established in May 2007 to work on specific medical exam-related
issues. The task force of physicians has had meetings or conference
calls on July 24, 2007; August 20, 2007; October 15, 2007; and October
31, 2007, and is scheduled to meet again on June 23-24, 2008. Contact:
Alan Misiaszek, (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 (TSS) or other responsive actions, supplementing work
already underway on CWR specifically: review controls applied to reuse
of rail in CWR ``plug rail,'' review the issue of cracks emanating from
bond wire attachments, consider improvements in the TSS related to
fastening of rail to concrete ties, and ensure a common understanding
within the regulated community concerning requirements for internal
rail flaw inspections. These 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; the
Concrete Ties Task Force and the Rail Integrity Task Force. The
Concrete Ties Task Force met on November 26-27, 2007; February 13-14,
2008; and April 16-17, 2008, and the next meeting is scheduled for July
9-10, 2008. The Rail Integrity Task Force met on November 28-29, 2007;
February 12-13, 2008; and April 15-16, 2008, and the next meeting is
scheduled for July 8-9, 2008. Contact: Ken Rusk, (202) 493-6236.
Task 08-01--Report on the Nation's Railroad Bridges. This task was
accepted on February 20, 2008, to report to the Federal Railroad
Administrator 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, and include
recommendations for further action with a target date of November 3,
2008. The working group first met on April 24-25, 2008 and the next
meeting is scheduled for June 12-13, 2008.
Completed Tasks
Task 96-1--(Completed) Revising the Freight Power Brake
Regulations.
Task 96-2--(Completed) Reviewing and recommending revisions to the
TSS (49 CFR part 213).
Task 96-3--(Completed) Reviewing and recommending revisions to the
Radio Standards and Procedures (found under 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 positive train
control 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).
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 May 15, 2008.
Michael J. Logue,
Associate Administrator for Safety Compliance and Program
Implementation.
[FR Doc. E8-11532 Filed 5-21-08; 8:45 am]
BILLING CODE 4910-06-P
