Railroad Safety Advisory Committee (RSAC); Working Group Activity Update, 29268-29272 [E9-14390]
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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257; Notice No. 54]
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.
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 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 of March 17,
2009 (74 FR 11401). The 38th full RSAC
Committee meeting was held April 2,
2009, and the 39th meeting is scheduled
for June 25, 2009, at the Wardman Park
Marriott Hotel, 2660 Woodley Road,
NW., Washington, DC 20008.
Since its first meeting in April of
1996, the RSAC has accepted 31 tasks.
The status for each of the open tasks
(neither completed nor terminated) 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, (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
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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 forces 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, December 11–12,
2007, November 13, 2008, and June 8,
2009. 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
Committee 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 draft rule text for a
followup NPRM on Passenger Train
Emergency Systems, focusing on lowlocation emergency exit path marking,
emergency lighting, and emergency
signage. The Task Force presented the
draft rule text to the Passenger Safety
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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. At its most recent
meeting, held May 13–14, 2008, 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 on March
31, 2009, to clarify issues related to the
followup NPRM raised by members. The
rule text was modified to better reflect
the intent of the Task Force and the
revised rule text was presented to and
approved by the Passenger Safety
Working Group on June 8, 2009. The
Working Group proposed adding
language to address an issue left open
by the Task Force related to daily
inspection of removable panels/
windows in vestibule doors and is
sending this back to the Task Force for
review. The Working Group will finalize
the open issue via mail ballot. 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 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 a Crashworthiness Task
Force meeting was held September 9,
2008, to resolve comments on the
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NPRM. Based on the consensus
language agreed to at the meeting, FRA
has prepared the text of the final rule
incorporating the resolutions made at
the Task Force meeting and the final
rule language was adopted at the
Passenger Safety Working Group
meeting held on November 13, 2008.
The language was presented and
approved at the December 10, 2008, full
RSAC meeting and the rule will go
forward with a target publication date of
June 25, 2009. 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 was 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 crafting an NPRM with a target
publication date of September 2009. The
Task Force may be reconvened to
review comments on the NPRM, but no
further 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 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 Task Force
continues work on passenger train door
securement, ‘‘second train in station,’’
trespasser incidents, and System Safetybased solutions by developing a
regulatory approach to System Safety.
The System Safety regulation will cover
all passenger railroads, including highspeed rail, and it is expected that the
System Safety regulation will satisfy the
risk reduction-mandated requirements
for passenger railroads in the Rail Safety
Improvement Act of 2008 (RSIA) (Pub.
L. 110–432).
The General Passenger Safety Task
Force presented draft guidance material
for management of the gap that was
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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 on April 23–24, 2008,
December 3–4, 2008, and April 21–23,
2009, and continues to work on
emergency preparedness, door
securement, and System Safety issues.
The door securement team will meet in
July and August 2009 and the System
Safety group will hold ‘‘GoTo meetings’’
by teleconference in July with the
American Public Transportation
Association and commuter railroads.
The next full meeting of the General
Passenger Safety Task Force is
scheduled for October 2009. 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. The RSAC agreed
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. The Working
Group was able to come to consensus on
32 separate items. However, prior to the
full RSAC vote in June 2007, which
confirmed working group
recommendations on 31 of those items,
two parties raised technical concerns
regarding the draft language concerning
electronic display of track authorities. In
addition, there were eight items
discussed by the Working Group, which
led to valuable insight but over which
the Working Group was unable to come
to consensus. FRA intends to address all
the items discussed through two
rulemakings: (1) A relatively compact
rulemaking that will address adjacent
track protection and (2) a longer,
catchall rulemaking that will address all
consensus items and be broad enough in
scope to raise the nonconsensus items
for further discussion and comment.
The decision to issue a separate adjacent
track rule was due to an increase in
roadway worker fatalities that occurred
on adjacent track. Consequently, a draft
NPRM to address adjacent track
protection was published in the Federal
Register on July 17, 2008, but due to
concern that parts of the NPRM failed to
accurately capture the consensus
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recommendations of the RSAC, the
NPRM was withdrawn by FRA on
August 13, 2008. FRA will address
discrepancies between the consensus
language and the adjacent track
protection NPRM to clarify the essential
issues, and intends to publish a second
NPRM by August 31, 2009. FRA is also
working on the longer, catchall
rulemaking and plans to publish an
NPRM in late 2009. 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
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 on
February 8–9, 2007, the other on 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. FRA received
four petitions for reconsideration of that
final rule. The final rule that responded
to the petitions for consideration was
published in the Federal Register on
June 16, 2008, and concluded the
rulemaking. Working group meetings
were held September 27–28, 2007,
January 17–18, 2008, May 21–22, 2008,
and September 25–26, 2008. The
Working Group has considered issues
related to issuance of Emergency Order
No. 26 (prohibition on use of certain
electronic devices while on duty) and
‘‘after arrival mandatory directives,’’
among other issues. The working group
continues to work on after arrival orders
and at the September 25, 2008, meeting
voted to create a Highway-Rail Grade
Crossing Task Force to review highwayrail grade crossing accident reports
regarding incidents of 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
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may provide information for remedial
action going forward. A follow-on task
is to review and provide
recommendations regarding
supplementary reporting of train
operations-related, no-warning, or shortwarning incidents that are not
technically warning system activation
failures but which result in an accident/
incident or a near miss. The Task Force
has been formed and is scheduled to
meet in the late 2009 timeframe.
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 to 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
is continuing the review of Part 229
with work in the areas of locomotive cab
temperature standards, alerters, remote
control locomotives, and critical
locomotive electronics, with a view to
proposing further revisions to update
the Standards. 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 group has completed
the review of Part 229 and was unable
to reach consensus regarding locomotive
cab temperature 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 operateas-intended requirement, locomotive
pilot clearance within hump
classification yards, clarification of the
high-voltage warning requirement,
updated headlight lamp requirements,
and language to allow locomotive
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records to be stored electronically. FRA
will brief the full RSAC and proceed to
an NPRM. There are no meetings
planned for the immediate future but
the group may be called back into
service to address comments received
on the NPRM. Contact: George Scerbo,
(202) 493–6249.
Task 06–02—Track Safety Standards
and Continuous Welded Rail (CWR).
Section 9005 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (Pub. L. 109–
59), the 2005 Surface Transportation
Authorization Act, requires FRA to
issue requirements for inspection of
joint bars in 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.
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 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 continued 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 Working
Groups recommendations were accepted
and incorporated into FRA’s publication
of an NPRM on December 1, 2008 (73
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FR 73077). The NPRM proposes specific
requirements for the qualification of
persons designated to inspect CWR
track, or supervise the installation,
adjustment, or maintenance of CWR
track. FRA is also proposing to clarify
the procedures associated with the
submission of CWR plans to FRA by
track owners. FRA proposes that these
plans focus on inspecting CWR for pullapart prone conditions, and focus more
specifically on CWR joint installation
and maintenance procedures. FRA is
preparing a final rule with a target
publication date of July 2009. See Tasks
07–01 and 08–03, below. Contact: Ken
Rusk, (202) 493–6236.
Task 06–0—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. The Medical
Standards Working Group has met 10
times since December 2006; the last
Working Group meeting was held April
22–23, 2008. A Medical Standards
Physicians Task Force was established
in May 2007 to provide medical support
for this task and had met four times
prior to the last Working Group meeting
held April 22–23, 2008. It was noted by
FRA during the April 2008 Working
Group meeting that although general
agreement about the general structure of
the medical standards had been
achieved by the Working Group,
significant points of departure remained
unresolved among Working Group
members despite efforts to achieve
consensus. FRA announced that the
agency would take the Working Group’s
products through April 2008, including
information provided by the Medical
Standards Physicians Task Force, and
endeavor to produce a draft medical
standards document by June 30, 2009.
The Physicians Task Force met June 22–
23, 2008, and began the process of
development of mandatory medical
guidelines, which will be the specific
medical criteria used by railroad Chief
Medical Officers and railroad
physicians to assess whether safetycritical employees, who have specific
medical conditions and/or take certain
categories of medications, are medically
fit for duty. Since meeting on June 22–
23, 2008, the Physicians Task Force has
met on September 8–10, 2008, October
8, 2008, November 12–13, 2008,
December 8–10, 2008, January 27–28,
2009, February 24–25, March 11–12,
and March 31–April 1, 2009, to
continue development of the mandatory
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medical guidelines. The Physicians
Task Force is developing medical
criteria and protocols for safety critical
positions for the Working Group and
FRA is drafting the regulation text. The
completed draft medical standards
language and the accompanying
Mandatory Medical Guidelines
document will be presented to the
Working Group, when complete. There
are currently no Medical Standards
Working Group meetings scheduled.
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 CWR, specifically
to 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 Track Safety Standards related to
fastening of rail to concrete ties; and to
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 and Rail
Integrity Task Forces. The Concrete Ties
Task Force met on November 26–27,
2007, February 13–14, 2008, April 16–
17, 2008, July 9–10, 2008, and
September 17–18, 2008. The Concrete
Ties Task Force finalized consensus
language regarding concrete crossties
(49 CFR Part 213) and presented a
recommendation to the Track Standards
Working Group at the November 20,
2008, Working Group meeting. The
language was approved by both the
Working Group and the December 10,
2008, RSAC meeting and the Task Force
was dissolved. FRA is preparing a
NPRM with a target publication date of
July 2009. Contact: Ken Rusk, (202)
493–6236.
Task 08–03—Track Safety Standards
Rail Integrity. This Task was accepted
on September 10, 2008, to consider
specific improvements to the Track
Safety Standards or other responsive
actions designed to enhance rail
integrity. The Rail Integrity Task Force
was created in October 2007 under Task
07–01 and first met on November 28–29,
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2007. The Task Force met on February
12–13, 2008, April 15–16, 2008, July 8–
9, 2008, September 16–17, 2008, and
February 3–4, 2009. Consensus has been
achieved on bond wires and a common
understanding on internal rail flaw
inspections has been reached; however,
more work remains before a
recommendation for possible regulatory
action is made. The next Rail Integrity
Task Force meeting is scheduled for
June 16–17, 2009. Contact: Ken Rusk,
(202) 493–6236.
Task No. 08–04—Positive Train
Control. This task was accepted on
December 10, 2008, to provide advice
regarding development of implementing
regulations for Positive Train Control
(PTC) systems and their deployment
under the RSIA. The task included a
requirement to convene an initial
meeting not later than January 2009 and
to report recommendations back to the
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, 2009,
February 25–27, 2009, 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 Committee accepted the
recommendations of the PTC Working
Group and will forward those
recommendations to the Administrator,
with the understanding that there are
other issues for which FRA will be
making proposals with respect to its
resolution. The NPRM is currently in
coordination with a target publication
date of June 30, 2009. If time permits,
the PTC Working Group will be
reconvened to discuss any comments
received on the NPRM. An additional
Task Force was formed to assist FRA in
developing a model template for a
successful PTC Implementation Plan,
which are to be submitted by April 16,
2010, under the mandates of the RSIA
of 2008. FRA provided a draft template
to the Task Force for comment on May
20, 2009, and received an alternative
draft on June 10, 2009, for review and
consideration along with a proposed
model for risk-based implementation
prioritization. Contact: Grady Cothen,
(202) 493–6302.
Task No. 08–05—Railroad Bridge
Safety Assurance. This Task was
accepted on December 10, 2008, to
develop a draft rule encompassing the
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requirements of Section 417 of the Rail
Safety Improvement Act of 2008,
Railroad Bridge Safety Assurance. This
Section directs the Secretary of
Transportation to promulgate
regulations, not later than 12 months
after the October 16, 2008, date of
enactment, requiring owners of track
carried on one or more railroad bridges
to adopt a bridge safety management
program to reduce the risk of human
casualties, environmental damage, and
disruption to the Nation’s railroad
transportation system that would result
from a catastrophic bridge failure. The
Railroad Bridge Working Group created
under Task 08–01 was directed to
reconvene and the kickoff meeting was
held January 28–29, 2009. The Working
Group also met on February 23–24,
2009, where they reached agreement on
consensus language covering all but two
issues that remain to be resolved
pending comments on the NPRM. The
working group presented the draft
language to the full Committee at the
April 2, 2009, meeting and the
Committee approved the consensus
recommendations by vote as the
recommendations of the Committee to
the FRA Administrator. The resulting
NPRM is currently in coordination, with
a target publication date of September 1,
2009. The Working Group may be
reconvened to address comments
received on the NPRM. Contact: Gordon
Davids, (202) 230–6320.
Task No. 08–06—Hours of Service
Recordkeeping and Reporting. This Task
was accepted on December 10, 2008, to
develop revised recordkeeping and
reporting requirements for hours of
service of railroad employees. The
Hours of Service Working Group was
formed in January 2009 by member
nominations from Committee member
organizations and the first meeting was
held on January 22–23, 2009. The
working group met again on February 4–
6, 2009, February 18–20, 2009 and
March 23–25, 2009. At the full RSAC
meeting held on April 2, 2009, the
working group reported that partial
consensus was reached on the draft rule
text and the Committee approved the
consensus recommendations by vote as
the recommendations of the Committee
to the FRA Administrator and the final
rule was published on May 27, 2009,
with an effective date of July 16, 2009
(74 FR 25330). Contact: Mark McKeon,
(202) 493–6350.
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
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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
report recommendations for proposed or
IFR (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 group has been
tasked to review safety data bearing on
opportunities for reducing risk
associated with the duties performed by
freight and passenger conductors and to
assist FRA in developing regulations
responsive to the legislative mandate
and to consider any revisions to 49 CFR
part 240 appropriate to conform and
update the certification programs for
locomotive engineers and conductors.
The Conductor Certification Working
Group has been officially formed
through the Committee member
nomination process and the first
meeting is scheduled for July 21–23,
2009, with follow-on meetings planned
for August 25–27, 2009, and September
15–17, 2009. 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 has been officially formed
through the formal Committee member
nomination process and the first
meeting is scheduled for June 24, 2009.
Contact: Grady Cothen, (202) 493–6302.
Completed Tasks
Task 96–1—(Completed.) Revising the
Freight Power Brake Regulations.
Task 96–2—(Completed.) Reviewing
and recommending revisions to the
VerDate Nov<24>2008
16:25 Jun 18, 2009
Jkt 217001
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 (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
entitled, Locomotive Crashworthiness &
Working Conditions.
Task 97–1—(Completed.) Developing
crashworthiness specifications (49 CFR
Part 229) to promote the integrity of the
locomotive cab in accidents resulting
from collisions.
Task 97–2—(Completed.) Evaluating
the extent to which environmental,
sanitary, and other working conditions
in locomotive cabs affect the crew’s
health and the safe operation of
locomotives, proposing standards where
appropriate.
Task 97–3—(Completed.) Developing
event recorder data survivability
standards.
Task 97–4 and Task 97–5—
(Completed.) Defining PTC
functionalities, describing available
technologies, evaluating costs and
benefits of potential systems, and
considering implementation
opportunities and challenges, including
demonstration and deployment.
Task 97–6—(Completed.) Revising
various regulations to address the safety
implications of processor-based signal
and train control technologies,
including communications-based
operating systems.
Task 97–7—(Completed.) Determining
damages qualifying an event as a
reportable train accident.
Task 00–1—(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
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Administration, U.S. Department of
Labor, and to make appropriate
revisions to the FRA Guide for
Preparing Accident/Incident Reports.
Task 08–01—(Completed.) Report on
the Nation’s Railroad Bridges. Report to
the FRA 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.
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 June 15,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–14390 Filed 6–18–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designation of Entities and
Individuals Pursuant to Executive
Order 12978
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the names of 15
newly-designated entities and 9 newlydesignated individuals whose property
and interests in property are blocked
pursuant to Executive Order 12978 of
October 21, 1995, ‘‘Blocking Assets and
Prohibiting Transactions with
Significant Narcotics Traffickers.’’ In
addition, OFAC is publishing changes to
the identifying information associated
with one entity and nine individuals
previously designated pursuant to
Executive Order 12978.
DATES: The designation by the Director
of OFAC of the 15 entities and 9
individuals identified in this notice
pursuant to Executive Order 12978 is
effective on June 12, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2490.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
E:\FR\FM\19JNN1.SGM
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Agencies
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29268-29272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14390]
[[Page 29268]]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2000-7257; Notice No. 54]
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.
-----------------------------------------------------------------------
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 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 of March
17, 2009 (74 FR 11401). The 38th full RSAC Committee meeting was held
April 2, 2009, and the 39th meeting is scheduled for June 25, 2009, at
the Wardman Park Marriott Hotel, 2660 Woodley Road, NW., Washington, DC
20008.
Since its first meeting in April of 1996, the RSAC has accepted 31
tasks. The 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: Grady Cothen, (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 forces 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,
December 11-12, 2007, November 13, 2008, and June 8, 2009. 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
Committee 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 draft rule text
for a followup NPRM on Passenger Train Emergency Systems, focusing on
low-location emergency exit path marking, emergency lighting, and
emergency 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. At its most recent meeting,
held May 13-14, 2008, 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 on March 31, 2009, to clarify issues related to the followup NPRM
raised by members. The rule text was modified to better reflect the
intent of the Task Force and the revised rule text was presented to and
approved by the Passenger Safety Working Group on June 8, 2009. The
Working Group proposed adding language to address an issue left open by
the Task Force related to daily inspection of removable panels/windows
in vestibule doors and is sending this back to the Task Force for
review. The Working Group will finalize the open issue via mail ballot.
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 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 a Crashworthiness Task Force meeting was held September
9, 2008, to resolve comments on the
[[Page 29269]]
NPRM. Based on the consensus language agreed to at the meeting, FRA has
prepared the text of the final rule incorporating the resolutions made
at the Task Force meeting and the final rule language was adopted at
the Passenger Safety Working Group meeting held on November 13, 2008.
The language was presented and approved at the December 10, 2008, full
RSAC meeting and the rule will go forward with a target publication
date of June 25, 2009. 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 was 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 crafting an NPRM with a
target publication date of September 2009. The Task Force may be
reconvened to review comments on the NPRM, but no further 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 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 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 System Safety regulation will cover all passenger railroads,
including high-speed rail, and it is expected that the System Safety
regulation will satisfy the risk reduction-mandated requirements for
passenger railroads in the Rail Safety Improvement Act of 2008 (RSIA)
(Pub. L. 110-432).
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 on April 23-24, 2008, December 3-4, 2008, and
April 21-23, 2009, and continues to work on emergency preparedness,
door securement, and System Safety issues. The door securement team
will meet in July and August 2009 and the System Safety group will hold
``GoTo meetings'' by teleconference in July with the American Public
Transportation Association and commuter railroads. The next full
meeting of the General Passenger Safety Task Force is scheduled for
October 2009. 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. The
RSAC agreed 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. The Working Group was able to come
to consensus on 32 separate items. However, prior to the full RSAC vote
in June 2007, which confirmed working group recommendations on 31 of
those items, two parties raised technical concerns regarding the draft
language concerning electronic display of track authorities. In
addition, there were eight items discussed by the Working Group, which
led to valuable insight but over which the Working Group was unable to
come to consensus. FRA intends to address all the items discussed
through two rulemakings: (1) A relatively compact rulemaking that will
address adjacent track protection and (2) a longer, catchall rulemaking
that will address all consensus items and be broad enough in scope to
raise the nonconsensus items for further discussion and comment. The
decision to issue a separate adjacent track rule was due to an increase
in roadway worker fatalities that occurred on adjacent track.
Consequently, a draft NPRM to address adjacent track protection was
published in the Federal Register on July 17, 2008, but due to concern
that parts of the NPRM failed to accurately capture the consensus
recommendations of the RSAC, the NPRM was withdrawn by FRA on August
13, 2008. FRA will address discrepancies between the consensus language
and the adjacent track protection NPRM to clarify the essential issues,
and intends to publish a second NPRM by August 31, 2009. FRA is also
working on the longer, catchall rulemaking and plans to publish an NPRM
in late 2009. 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 on February 8-9, 2007, the other on 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. FRA
received four petitions for reconsideration of that final rule. The
final rule that responded to the petitions for consideration was
published in the Federal Register on June 16, 2008, and concluded the
rulemaking. Working group meetings were held September 27-28, 2007,
January 17-18, 2008, May 21-22, 2008, and September 25-26, 2008. The
Working Group has considered issues related to issuance of Emergency
Order No. 26 (prohibition on use of certain electronic devices while on
duty) and ``after arrival mandatory directives,'' among other issues.
The working group continues to work on after arrival orders and at the
September 25, 2008, meeting voted to create a Highway-Rail Grade
Crossing Task Force to review highway-rail grade crossing accident
reports regarding incidents of 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
[[Page 29270]]
may provide information for remedial action going forward. A follow-on
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 which result in an accident/incident or a near miss. The Task Force
has been formed and is scheduled to meet in the late 2009 timeframe.
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 to 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 is
continuing the review of Part 229 with work in the areas of locomotive
cab temperature standards, alerters, remote control locomotives, and
critical locomotive electronics, with a view to proposing further
revisions to update the Standards. 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 group has completed the review of Part 229 and was unable
to reach consensus regarding locomotive cab temperature 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, updated headlight lamp requirements, and language to allow
locomotive records to be stored electronically. FRA will brief the full
RSAC and proceed to an NPRM. There are no meetings planned for the
immediate future but the group may be called back into service to
address comments received on the NPRM. Contact: George Scerbo, (202)
493-6249.
Task 06-02--Track Safety Standards and Continuous Welded Rail
(CWR). Section 9005 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59), the
2005 Surface Transportation Authorization Act, requires FRA to issue
requirements for inspection of joint bars in 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. 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 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 continued
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
Working Groups recommendations were accepted and incorporated into
FRA's publication of an NPRM on December 1, 2008 (73 FR 73077). The
NPRM proposes specific requirements for the qualification of persons
designated to inspect CWR track, or supervise the installation,
adjustment, or maintenance of CWR track. FRA is also proposing to
clarify the procedures associated with the submission of CWR plans to
FRA by track owners. FRA proposes that these plans focus on inspecting
CWR for pull-apart prone conditions, and focus more specifically on CWR
joint installation and maintenance procedures. FRA is preparing a final
rule with a target publication date of July 2009. See Tasks 07-01 and
08-03, below. Contact: Ken Rusk, (202) 493-6236.
Task 06-0--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. The
Medical Standards Working Group has met 10 times since December 2006;
the last Working Group meeting was held April 22-23, 2008. A Medical
Standards Physicians Task Force was established in May 2007 to provide
medical support for this task and had met four times prior to the last
Working Group meeting held April 22-23, 2008. It was noted by FRA
during the April 2008 Working Group meeting that although general
agreement about the general structure of the medical standards had been
achieved by the Working Group, significant points of departure remained
unresolved among Working Group members despite efforts to achieve
consensus. FRA announced that the agency would take the Working Group's
products through April 2008, including information provided by the
Medical Standards Physicians Task Force, and endeavor to produce a
draft medical standards document by June 30, 2009. The Physicians Task
Force met June 22-23, 2008, and began the process of development of
mandatory medical guidelines, which will be the specific medical
criteria used by railroad Chief Medical Officers and railroad
physicians to assess whether safety-critical employees, who have
specific medical conditions and/or take certain categories of
medications, are medically fit for duty. Since meeting on June 22-23,
2008, the Physicians Task Force has met on September 8-10, 2008,
October 8, 2008, November 12-13, 2008, December 8-10, 2008, January 27-
28, 2009, February 24-25, March 11-12, and March 31-April 1, 2009, to
continue development of the mandatory
[[Page 29271]]
medical guidelines. The Physicians Task Force is developing medical
criteria and protocols for safety critical positions for the Working
Group and FRA is drafting the regulation text. The completed draft
medical standards language and the accompanying Mandatory Medical
Guidelines document will be presented to the Working Group, when
complete. There are currently no Medical Standards Working Group
meetings scheduled. 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 CWR, specifically to 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
Track Safety Standards related to fastening of rail to concrete ties;
and to 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 and Rail Integrity Task Forces.
The Concrete Ties Task Force met on November 26-27, 2007, February 13-
14, 2008, April 16-17, 2008, July 9-10, 2008, and September 17-18,
2008. The Concrete Ties Task Force finalized consensus language
regarding concrete crossties (49 CFR Part 213) and presented a
recommendation to the Track Standards Working Group at the November 20,
2008, Working Group meeting. The language was approved by both the
Working Group and the December 10, 2008, RSAC meeting and the Task
Force was dissolved. FRA is preparing a NPRM with a target publication
date of July 2009. Contact: Ken Rusk, (202) 493-6236.
Task 08-03--Track Safety Standards Rail Integrity. This Task was
accepted on September 10, 2008, to consider specific improvements to
the Track Safety Standards or other responsive actions designed to
enhance rail integrity. The Rail Integrity Task Force was created in
October 2007 under Task 07-01 and first met on November 28-29, 2007.
The Task Force met on February 12-13, 2008, April 15-16, 2008, July 8-
9, 2008, September 16-17, 2008, and February 3-4, 2009. Consensus has
been achieved on bond wires and a common understanding on internal rail
flaw inspections has been reached; however, more work remains before a
recommendation for possible regulatory action is made. The next Rail
Integrity Task Force meeting is scheduled for June 16-17, 2009.
Contact: Ken Rusk, (202) 493-6236.
Task No. 08-04--Positive Train Control. This task was accepted on
December 10, 2008, to provide advice regarding development of
implementing regulations for Positive Train Control (PTC) systems and
their deployment under the RSIA. The task included a requirement to
convene an initial meeting not later than January 2009 and to report
recommendations back to the 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, 2009, February 25-27, 2009, 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 Committee accepted the
recommendations of the PTC Working Group and will forward those
recommendations to the Administrator, with the understanding that there
are other issues for which FRA will be making proposals with respect to
its resolution. The NPRM is currently in coordination with a target
publication date of June 30, 2009. If time permits, the PTC Working
Group will be reconvened to discuss any comments received on the NPRM.
An additional Task Force was formed to assist FRA in developing a model
template for a successful PTC Implementation Plan, which are to be
submitted by April 16, 2010, under the mandates of the RSIA of 2008.
FRA provided a draft template to the Task Force for comment on May 20,
2009, and received an alternative draft on June 10, 2009, for review
and consideration along with a proposed model for risk-based
implementation prioritization. Contact: Grady Cothen, (202) 493-6302.
Task No. 08-05--Railroad Bridge Safety Assurance. This Task was
accepted on December 10, 2008, to develop a draft rule encompassing the
requirements of Section 417 of the Rail Safety Improvement Act of 2008,
Railroad Bridge Safety Assurance. This Section directs the Secretary of
Transportation to promulgate regulations, not later than 12 months
after the October 16, 2008, date of enactment, requiring owners of
track carried on one or more railroad bridges to adopt a bridge safety
management program to reduce the risk of human casualties,
environmental damage, and disruption to the Nation's railroad
transportation system that would result from a catastrophic bridge
failure. The Railroad Bridge Working Group created under Task 08-01 was
directed to reconvene and the kickoff meeting was held January 28-29,
2009. The Working Group also met on February 23-24, 2009, where they
reached agreement on consensus language covering all but two issues
that remain to be resolved pending comments on the NPRM. The working
group presented the draft language to the full Committee at the April
2, 2009, meeting and the Committee approved the consensus
recommendations by vote as the recommendations of the Committee to the
FRA Administrator. The resulting NPRM is currently in coordination,
with a target publication date of September 1, 2009. The Working Group
may be reconvened to address comments received on the NPRM. Contact:
Gordon Davids, (202) 230-6320.
Task No. 08-06--Hours of Service Recordkeeping and Reporting. This
Task was accepted on December 10, 2008, to develop revised
recordkeeping and reporting requirements for hours of service of
railroad employees. The Hours of Service Working Group was formed in
January 2009 by member nominations from Committee member organizations
and the first meeting was held on January 22-23, 2009. The working
group met again on February 4-6, 2009, February 18-20, 2009 and March
23-25, 2009. At the full RSAC meeting held on April 2, 2009, the
working group reported that partial consensus was reached on the draft
rule text and the Committee approved the consensus recommendations by
vote as the recommendations of the Committee to the FRA Administrator
and the final rule was published on May 27, 2009, with an effective
date of July 16, 2009 (74 FR 25330). Contact: Mark McKeon, (202) 493-
6350.
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
[[Page 29272]]
report recommendations for proposed or IFR (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 group has
been tasked to review safety data bearing on opportunities for reducing
risk associated with the duties performed by freight and passenger
conductors and to assist FRA in developing regulations responsive to
the legislative mandate and to consider any revisions to 49 CFR part
240 appropriate to conform and update the certification programs for
locomotive engineers and conductors. The Conductor Certification
Working Group has been officially formed through the Committee member
nomination process and the first meeting is scheduled for July 21-23,
2009, with follow-on meetings planned for August 25-27, 2009, and
September 15-17, 2009. 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 has been officially formed through the formal Committee member
nomination process and the first meeting is scheduled for June 24,
2009. Contact: Grady Cothen, (202) 493-6302.
Completed Tasks
Task 96-1--(Completed.) Revising the Freight Power Brake
Regulations.
Task 96-2--(Completed.) Reviewing and recommending revisions to the
Track Safety Standards (49 CFR Part 213).
Task 96-3--(Completed.) Reviewing and recommending revisions to the
Radio Standards and Procedures (49 CFR Part 220).
Task 96-5--(Completed.) Reviewing and recommending revisions to
Steam Locomotive Inspection Standards (49 CFR Part 230).
Task 96-6--(Completed.) Reviewing and recommending revisions to
miscellaneous aspects of the regulations addressing Locomotive Engineer
Certification (49 CFR Part 240).
Task 96-7--(Completed.) Developing Roadway Maintenance Machines
(On-Track Equipment) Safety Standards.
Task 96-8--(Completed.) This Planning Task evaluated the need for
action responsive to recommendations contained in a report to Congress
entitled, Locomotive Crashworthiness & Working Conditions.
Task 97-1--(Completed.) Developing crashworthiness specifications
(49 CFR Part 229) to promote the integrity of the locomotive cab in
accidents resulting from collisions.
Task 97-2--(Completed.) Evaluating the extent to which
environmental, sanitary, and other working conditions in locomotive
cabs affect the crew's health and the safe operation of locomotives,
proposing standards where appropriate.
Task 97-3--(Completed.) Developing event recorder data
survivability standards.
Task 97-4 and Task 97-5--(Completed.) Defining PTC functionalities,
describing available technologies, evaluating costs and benefits of
potential systems, and considering implementation opportunities and
challenges, including demonstration and deployment.
Task 97-6--(Completed.) Revising various regulations to address the
safety implications of processor-based signal and train control
technologies, including communications-based operating systems.
Task 97-7--(Completed.) Determining damages qualifying an event as
a reportable train accident.
Task 00-1--(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.
Task 08-01--(Completed.) Report on the Nation's Railroad Bridges.
Report to the FRA 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.
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 June 15, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-14390 Filed 6-18-09; 8:45 am]
BILLING CODE 4910-06-P