Railroad Safety Advisory Committee (RSAC); Working Group Activity Update, 41181-41186 [E9-19560]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
By the Board, Leland L. Gardner, Director,
Office of Economics, Environmental
Analysis, and Administration.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–19452 Filed 8–13–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35284]
S&S Shortline Leasing, LLC—
Operation Exemption—City of Ely, NV
and White Pine Historical Railroad
Foundation
mstockstill on DSKH9S0YB1PROD with NOTICES
S&S Shortline Leasing, LLC (S&S), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
operate approximately 127.9 miles of
rail line owned by the City of Ely (City)
and the White Pine Historical Railroad
Foundation, (Foundation), between
milepost 0.0 at or near Cobre, and
milepost 127.9 at or near McGill
Junction, in White Pine and Elko
Counties, NV.1 S&S states that the line
connects at two points with Union
Pacific Railroad Company (UP)
(milepost 0.0 at Cobre (former Southern
Pacific) and milepost 18.79 at Shafter
(former Western Pacific).2
The transaction is expected to be
consummated on or after August 30,
2009.
S&S certifies that its projected annual
revenues as a result of the transaction
will not result in S&S becoming a Class
II or Class I rail carrier and further
certifies that its projected annual
revenue will not exceed $5 million.
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
No. 110–161, § 193, 121 Stat. 1844
(2007), nothing in this decision
authorizes the following activities at any
solid waste rail transfer facility:
Collecting, storing or transferring solid
waste outside of its original shipping
container; or separating or processing
solid waste (including baling, crushing,
compacting and shredding). The term
‘‘solid waste’’ is defined in section 1004
1 This segment of railroad is the remaining part
of a main line consisting of approximately 156.7
miles, also owned by the City and the Foundation.
Great Basin and Northern Railroad was authorized
to operate over approximately 28.8 miles of the
main line in Great Basin and Northern Railroad—
Change in Operators Exemption—The City of Ely
and the White Pine Historical Railroad Foundation,
STB Finance Docket No. 34506 (STB served June 7,
2004). S&S seeks to operate over the remainder.
2 S&S states that interchange with UP will
initially take place at Shafter because the trackage
used for interchange at that location is in better
condition than the trackage at Cobre.
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
of the Solid Waste Disposal Act, 42
U.S.C. 6903.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than August 21, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35284, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Thomas F.
McFarland, 208 South LaSalle St., Suite
1890, Chicago, IL 60604.
Board decisions and notices are
available on our Web site at ‘‘https://
www.stb.dot.gov.’’
Decided: August 10, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–19433 Filed 8–13–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2000–7257; Notice No. 56]
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 Designated
Federal Officer/Administrative Officer,
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 June 19,
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
41181
2009 (74 FR 29268, 11401). The 39th
full RSAC Committee meeting was held
June 25, 2009, and the 40th meeting is
scheduled for September 10, 2009, at
the Washington Marriott Hotel, 1221
22nd Street, NW., Washington, DC.
Since its first meeting in April of
1996, the RSAC has accepted 32 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 03–0l—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 I 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. On August 5, 2009, the Working
Group was requested to establish an
Engineering Task Force, which would
be expected to meet initially on
September 23–24, 2009, to consider
technical criteria and procedures for
E:\FR\FM\14AUN1.SGM
14AUN1
mstockstill on DSKH9S0YB1PROD with NOTICES
41182
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
qualifying alternative passenger
equipment designs as equivalent in
safety to equipment meeting the design
standards in the Passenger Equipment
Safety Standards. The next meeting of
the Working Group is scheduled for
December 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 emergence
signage. The Task Force presented the
draft rule text to the Passenger Safety
Working Group on December 11–12,
2007, and the consensus draft rule text
was presented to and approved by full
RSAC vote during the February 20,
2008, meeting. During the May 13–14,
2008, meeting, the Task Force
recommended clarifying the
applicability of backup emergency
communication system requirements in
the February 1, 2008, final rule, and
FRA announced its intention to exercise
limited enforcement discretion for a
new provision amending instruction
requirements for emergency window
exit removal. The Working Group
ratified these recommendations on June
19, 2008. The Task Force met again on
March 31, 2009, to clarify issues related
to the follow-up NPRM raised by
members. The modified rule text was
presented to and approved by the
Passenger Safety Working Group on
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
June 8, 2009. The Working Group
requested that FRA draft the rule text
requiring daily inspection of removable
panels or windows in vestibule doors,
and entrust the Emergency Preparedness
Task Force with reviewing the text. FRA
sent the draft text and is sending this
back to the Task Force for review and
comment on August 4, 2009. 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 (CPR) 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 PR 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.
(Crash worthiness 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
NPRM. Based on the consensus
language agreed to at the meeting, PRA
has prepared the text of the final rule
incorporating the resolutions made at
the Task Force meeting and the final
rule language was adopted at the
Passenger Safety Working Group
meeting held on November 13, 2008.
The language was presented and
approved at the December 10, 2008, full
RSAC meeting. The rule is currently in
final coordination and will go forward
with a target publication date of August
2009. Contact: Gary Fairbanks, (202)
493–6322.
(Vehiclenrack 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
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
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. 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 afterwards, it reported
proposed reporting cause codes for
injuries involving the platform gap,
which were approved by the Working
Group by mail ballot in September 2007.
The full RSAC approved the
recommendations for changes to 49 CFR
part 225 accident/incident cause codes
on October 25, 2007. The General
Passenger Safety Task Force presented
draft guidance material for management
of the gap that was considered and
approved by the Working Group during
the December 11–12, 2007, meeting, and
was presented to and approved by full
RSAC vote during the February 20,
2008, meeting. The group met April 23–
24, 2008; December 3–4, 2008; and
April 21–23, 2009. 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 Task Force has created two Task
Groups to focus on these issues. The
Door Safety Task Group has reached
consensus on 47 out of 48 safety issues
addressed in the area of passenger train
door mechanical and operational
requirements, and will present draft
regulatory language to the General
Passenger Safety Task Force at the next
meeting. The System Safety Task Group
has produced draft regulatory language
for a System Safety Rule and will
present its recommendation to the
General Passenger Safety Task Force at
the next meeting. The next General
Passenger Safety Task Force meeting is
scheduled for October 6–7, 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
E:\FR\FM\14AUN1.SGM
14AUN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
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 the electronic display of
track authorities. The Working Group
reported recommendations to the full
Committee at the June 26, 2007,
meeting. Through the NPRM process,
FRA will 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.
In order to address the heightened
concerns raised with the current
regulations for adjacent-track on-track
safety, an NPRM was published on July
17, 2008, that focused on this element
of the RWP rule alone. As this was an
NPRM, FRA sought comment on the
entire proposal, including those
portions that FRA sought to clarify.
However, on August 13, 2008, the
NPRM was withdrawn to permit further
consideration of the RSAC-reported
consensus language.
FRA has decided to separately issue a
second proposed rule on adjacent track
protection, which will be handled on an
accelerated basis. The second NPRM
concerning adjacent controlled-track
safety is under final review and is
expected to be published within the
next 2 months. The remaining larger
NPRM for the various revisions,
clarifications, and additions to 31
separate items in 19 sections of the rule,
and FRA’s recommendations for the
eight nonconsensus items, is planned
for late 2009. 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
VerDate Nov<24>2008
20:24 Aug 13, 2009
Jkt 217001
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 FactorCaused Train Accidents/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 fmal 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 the 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
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
41183
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 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, nowarning, 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 will meet in late
2009 after other Railroad Safety
Improvement Act of 2008 (RSIA)
priorities are met. Contact: Douglas
Taylor, (202) 493–6255.
Task 06–01—Locomotive Safety
Standards. This task was accepted on
February 22, 2006, to review 49 CFR
Part 229, Railroad Locomotive Safety
Standards, and revise as appropriate. A
Working Group was established with
the mandate to report any planned
activity to the full Committee at each
scheduled full RSAC meeting, to
include milestones for completion of
projects, and 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 standards
to the full RSAC on September 21, 2006.
The NPRM regarding standards 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 now
completed the review of Part 229 and
was unable to reach consensus
regarding locomotive cab temperatures
standards, locomotive alerters, and
remote control locomotives. The group
reached consensus regarding critical
locomotive electronic standards, an
update of annual biennial air brake
E:\FR\FM\14AUN1.SGM
14AUN1
mstockstill on DSKH9S0YB1PROD with NOTICES
41184
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
standards, clarification of the ‘‘air
brakes operate as intended’’
requirement, locomotive pilot clearance
within hump classification yards,
clarification of the ‘‘high Voltage’’
warning requirement, an updated
‘‘headlight lamp’’ requirements, and
language to allow locomotive records to
be stored electronically. The Working
Group will present a draft Part 229 rule
text revision covering these items to the
Committee for approval at the
September 10, 2009, meeting and if
approved, FRA will brief the full RSAC
and proceed to NPRM. The Working
Group may be called back into service
to address comments received on the
NPRM after publication. 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. No.
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 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
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
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 CPR Section 213.119
regulations to the full RSAC Committee
on February 20, 2008, and the Working
Group’s recommendations were
accepted. FRA published an NPRM on
December 1, 2008, and is preparing a
final rule with a target publication date
of August 2009. See Tasks 07–01 and
08–03, below. 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
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 has held
follow-on meetings on the following
dates: February 20–21, 2007; July 24–25,
2007; August 29–30, 2007; October 31–
November 1, 2007; December 4–5, 2007;
February 13–14, 2008; March 26–27,
2008; and April 22–23, 2008. At the
latter meeting, FRA announced that the
agency would prepare an NPRM draft
based on the discussions to date and
schedule a further meeting for review of
the document. The draft NPRM is
currently in FRA coordination and the
language is being revised based on
comments. The draft NPRM will be
presented to the RSAC Medical
Standards Working Group, when
completed. A Physicians Task Force,
established by the Working Group in
May 2007, is proceeding to develop
accompanying medical guidelines,
which will be used to provide
consistent criteria for determining the
medical fitness for duty of the safetycritical positions. These guidelines will
be presented for the Medical Standards
Working Group consideration, when
complete. When accepted by the
Medical Standards Working Group, the
two parts of the rulemaking will be
presented to the full RSAC for approval.
The target date for publishing the NPRM
is December 2009. The Physicians Task
Force has had meetings or conference
calls on July 24, 2007; August 20, 2007;
October 15, 2007; October 31, 2007;
June 23–24, 2008; September 8–10,
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
2008; October 8, 2008; November 12–13,
2008; December 8–10, 2008; January 27–
28, 2009; February 24–25, 2009; March
11–12, 2009; March 31–April 1, 2009;
April 15, 2009; April 22, 2009; May 13,
2009; May 20, 2009; and June 17, 2009.
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: (1) Review controls applied to reuse
of rail in CWR ‘‘plug rail’’; (2) review
the issue of cracks emanating from bond
wire attachments; (3) consider
improvements in the Track Safety
Standards related to fastening of rail to
concrete ties; and (4) 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. 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 an NPRM, with a target
publication date of September 2009.
Contact: Ken Rusk, (202) 493–6236.
Task OS–03—Track Safety Standards
Rail Integrity. This task was accepted on
September 10, 2008, to consider specific
improvements to the Track Safety
Standards or other responsive actions
designed to enhance rail integrity. The
Rail Integrity Task Force was created in
October 2007 under Task 07–01 and
first met on November 28–29, 2007. The
Task Force met on February 12–13,
2008; April 15–16, 2008; July 8–9, 2008;
September 16–17, 2008; February 3–4,
2009; and June 16–17, 2009. Consensus
has been achieved on bond wires and a
common understanding on internal rail
E:\FR\FM\14AUN1.SGM
14AUN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
flaw inspections has been reached.
‘‘Valid test’’ and ‘‘qualified operator’’
have been defined and will be issued as
a technical bulletin. The Task Force has
reached consensus to recommend to the
Working Group that the item regarding
‘‘the effect of rail head wear, surface
conditions, and other relevant factors on
the acquisition and interpretation of
internal rail flaw test results’’ be closed.
The Task Force does not recommend
regulatory action concerning head wear.
Surface conditions and their affect on
test integrity has been discussed and
understood during dialogue concerning
common understanding on internal rail
flaw inspections. The Task Force
believes that new technology has been
developed that improves test
performance, and will impact the affect
of head wear and surface conditions on
interpretation of internal rail flaw test
results. The next Rail Integrity Task
Force meeting is scheduled for October
29–30, 2009. Contact: Carlo Patrick,
(202) 493–6399.
Task No. 08–04—Positive Train
Control. This task was accepted on
December 10, 2008, to provide advice
regarding development of implementing
regulations for Positive Train Control
(PTC) systems and their deployment
under 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 Positive Train
Control Working Group and forwarded
those recommendations to the
Administrator, with the understanding
that there are other issues for which
FRA will be making proposals with
respect to their resolution. The NPRM
was published on July 21, 2009 (74 FR
36152), and a public hearing has been
announced for August 13, 2009 (74 FR
36152). Comments are due by August
20, 2009. The PTC Working Group will
reconvene on August 31–September 2,
2009, to discuss comments received on
the NPRM. The target date for the PTC
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
final rule is October 2009, with an
effective date of January 2010. An
additional Task Force was formed to
assist FRA in developing a model
template for a successful PTC
Implementation Plan (PTCIP). PTCIPs
are required to be submitted by April
16, 2010, under mandate of the RSIA.
FRA will post a final version of a PTCIP
template and an example of a risk-based
model for prioritization of line segment
implementation to the public FRA Web
site, when complete. 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
RSIA, 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. 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 August 2009.
The Working Group may be reconvened
to address comments received on the
NPRM if time permits. Contact: Gordon
Davids, (202) 493–6320.
Task No. 08–07—Conductor
Certification. This task was accepted on
December 10, 2008, to develop
regulations for certification of railroad
conductors, as required by the RSIA,
and to consider any appropriate related
amendments to existing regulations and
report recommendations for a proposed
final rule 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 Conductor
Certification Working Group was
officially formed by nominations from
member organizations in April 2009 and
the first meeting was held on July 21–
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
41185
23, 2009. Additional meetings are
scheduled for August 25–27, 2009;
September 1–17, 2009; and October 20–
22, 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 hours of service using
available tools for evaluating the impact
of various crew schedules, and to
determine the effect of alternative
approaches on the availability of
employees to support passenger service.
The group is charged to report whether
existing hours of service restrictions are
effective in preventing fatigue among
subject employees, whether an
alternative approach to hours of service
for the subject employees would
enhance safety, and whether alternative
restrictions on hours of service could be
coupled with other fatigue
countermeasures to promote the fitness
of employees for safety-critical duties.
The Passenger Hours of Service Working
Group was officially formed through the
formal Committee member nomination
process in May 2009 and the first
meeting was held on June 24, 2009.
Additional meetings will be scheduled
as often as necessary as soon as work/
rest data is available. 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).
E:\FR\FM\14AUN1.SGM
14AUN1
mstockstill on DSKH9S0YB1PROD with NOTICES
41186
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
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 Crash worthiness &
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 OO–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 O1–1—(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 OB–O1—(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.
Task No. OB–06—(Completed) Hours
of Service Recordkeeping and
Reporting. Develop revised
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
recordkeeping and reporting
requirements for hours of service of
railroad employees. Final rule
published May 27, 2009, with an
effective date of July 16, 2009 (74 FR
25330).
Please refer to the notice published in
the Federal Register on March 11, 1996
(61 FR 9740), for more information
about the RSAC.
Issued in Washington, DC, on August 10,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–19560 Filed 8–13–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Comptroller of the Currency
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
AGENCY: Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
SUMMARY: The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995. An agency may
not conduct or sponsor, and a
respondent is not required to respond
to, an information collection unless it
displays a currently valid OMB control
number. The OCC is soliciting comment
concerning its information collection
titled, ‘‘Investment Securities (12 CFR
part 1).’’ The OCC also gives notice that
it has sent the information collection to
the Office of Management and Budget
(OMB) for review.
DATES: You should submit written
comments by September 14, 2009.
ADDRESSES: You should direct your
comments to:
Communications Division, Office of
the Comptroller of the Currency, Public
Information Room, Mailstop 2–3,
Attention: 1557–0205, 250 E Street,
SW., Washington, DC 20219. In
addition, comments may be sent by fax
to (202) 874–4448, or by electronic mail
to regs.comments@occ.treas.gov. You
can inspect and photocopy the
comments at the OCC, 250 E Street,
SW., Washington, DC 20219. For
security reasons, the OCC requires that
visitors make an appointment to inspect
comments. You may do so by calling
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
(202) 874–4700. Upon arrival, visitors
will be required to present valid
government-issued photo identification
and to submit to security screening in
order to inspect and photocopy
comments.
Additionally, you should send a copy
of your comments to OCC Desk Officer,
1557–0205, by mail to U.S. Office of
Management and Budget, 725 17th
Street, NW., #10235, Washington, DC
20503, or by fax to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: You
can request additional information or a
copy of the collection from Mary H.
Gottlieb, OCC Clearance Officer, (202)
874–5090, Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: The OCC
is proposing to extend OMB approval,
without change, of the following
information collection:
Title: Investment Securities (12 CFR
part 1).
OMB Number: 1557–0205.
Description: This submission covers
an existing regulation and involves no
change to the regulation or to the
information collection requirements.
The OCC requests only that OMB extend
its approval of the information
collection.
The information collection
requirements in 12 CFR part 1 are as
follows: Under 12 CFR 1.4(h)(2), a
national bank may request an OCC
determination that it may invest in an
entity that is exempt from registration
under section 3(c)(1) of the Investment
Company Act of 1940 if the portfolio of
the entity consists exclusively of assets
that a national bank may purchase and
sell for its own account. The OCC uses
the information contained in the request
as a basis for determining that the
bank’s investment is consistent with its
investment authority under applicable
law and does not pose unacceptable
risk.
Under 12 CFR 1.7(b), a national bank
may request OCC approval to extend the
five-year holding period of securities
held in satisfaction of debts previously
contracted (DPC) for up to an additional
five years. The bank must provide a
clearly convincing demonstration of
why any additional holding period is
needed. The OCC uses the information
in the request to ensure, on a case-bycase basis, that the bank’s purpose in
retaining the securities is not
speculative and that the bank’s reasons
for requesting the extension are
adequate, and to evaluate the risks to
the bank of extending the holding
period, including potential effects on
bank safety and soundness.
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41181-41186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19560]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2000-7257; Notice No. 56]
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 Designated
Federal Officer/Administrative Officer, 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 June 19,
2009 (74 FR 29268, 11401). The 39th full RSAC Committee meeting was
held June 25, 2009, and the 40th meeting is scheduled for September 10,
2009, at the Washington Marriott Hotel, 1221 22nd Street, NW.,
Washington, DC.
Since its first meeting in April of 1996, the RSAC has accepted 32
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 03-0l--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 I 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. On August 5,
2009, the Working Group was requested to establish an Engineering Task
Force, which would be expected to meet initially on September 23-24,
2009, to consider technical criteria and procedures for
[[Page 41182]]
qualifying alternative passenger equipment designs as equivalent in
safety to equipment meeting the design standards in the Passenger
Equipment Safety Standards. The next meeting of the Working Group is
scheduled for December 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 follow-up NPRM on Passenger Train Emergency Systems, focusing on
low location emergency exit path marking, emergency lighting, and
emergence signage. The Task Force presented the draft rule text to the
Passenger Safety Working Group on December 11-12, 2007, and the
consensus draft rule text was presented to and approved by full RSAC
vote during the February 20, 2008, meeting. During the May 13-14, 2008,
meeting, the Task Force recommended clarifying the applicability of
backup emergency communication system requirements in the February 1,
2008, final rule, and FRA announced its intention to exercise limited
enforcement discretion for a new provision amending instruction
requirements for emergency window exit removal. The Working Group
ratified these recommendations on June 19, 2008. The Task Force met
again on March 31, 2009, to clarify issues related to the follow-up
NPRM raised by members. The modified rule text was presented to and
approved by the Passenger Safety Working Group on June 8, 2009. The
Working Group requested that FRA draft the rule text requiring daily
inspection of removable panels or windows in vestibule doors, and
entrust the Emergency Preparedness Task Force with reviewing the text.
FRA sent the draft text and is sending this back to the Task Force for
review and comment on August 4, 2009. 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
(CPR) 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 PR 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.
(Crash worthiness 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 NPRM. Based on the
consensus language agreed to at the meeting, PRA has prepared the text
of the final rule incorporating the resolutions made at the Task Force
meeting and the final rule language was adopted at the Passenger Safety
Working Group meeting held on November 13, 2008. The language was
presented and approved at the December 10, 2008, full RSAC meeting. The
rule is currently in final coordination and will go forward with a
target publication date of August 2009. Contact: Gary Fairbanks, (202)
493-6322.
(Vehiclenrack 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. 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 afterwards,
it reported proposed reporting cause codes for injuries involving the
platform gap, which were approved by the Working Group by mail ballot
in September 2007. The full RSAC approved the recommendations for
changes to 49 CFR part 225 accident/incident cause codes on October 25,
2007. The General Passenger Safety Task Force presented draft guidance
material for management of the gap that was considered and approved by
the Working Group during the December 11-12, 2007, meeting, and was
presented to and approved by full RSAC vote during the February 20,
2008, meeting. The group met April 23-24, 2008; December 3-4, 2008; and
April 21-23, 2009. The Task Force continues work on passenger train
door securement, ``second train in station,'' trespasser incidents, and
System Safety-based solutions by developing a regulatory approach to
System Safety. The Task Force has created two Task Groups to focus on
these issues. The Door Safety Task Group has reached consensus on 47
out of 48 safety issues addressed in the area of passenger train door
mechanical and operational requirements, and will present draft
regulatory language to the General Passenger Safety Task Force at the
next meeting. The System Safety Task Group has produced draft
regulatory language for a System Safety Rule and will present its
recommendation to the General Passenger Safety Task Force at the next
meeting. The next General Passenger Safety Task Force meeting is
scheduled for October 6-7, 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
[[Page 41183]]
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 the electronic display of track authorities.
The Working Group reported recommendations to the full Committee at the
June 26, 2007, meeting. Through the NPRM process, FRA will 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.
In order to address the heightened concerns raised with the current
regulations for adjacent-track on-track safety, an NPRM was published
on July 17, 2008, that focused on this element of the RWP rule alone.
As this was an NPRM, FRA sought comment on the entire proposal,
including those portions that FRA sought to clarify. However, on August
13, 2008, the NPRM was withdrawn to permit further consideration of the
RSAC-reported consensus language.
FRA has decided to separately issue a second proposed rule on
adjacent track protection, which will be handled on an accelerated
basis. The second NPRM concerning adjacent controlled-track safety is
under final review and is expected to be published within the next 2
months. The remaining larger NPRM for the various revisions,
clarifications, and additions to 31 separate items in 19 sections of
the rule, and FRA's recommendations for the eight nonconsensus items,
is planned for late 2009. 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 Accidents/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 fmal 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 the 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 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, nowarning, 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 will meet
in late 2009 after other Railroad Safety Improvement Act of 2008 (RSIA)
priorities are met. Contact: Douglas Taylor, (202) 493-6255.
Task 06-01--Locomotive Safety Standards. This task was accepted on
February 22, 2006, to review 49 CFR Part 229, Railroad Locomotive
Safety Standards, and revise as appropriate. A Working Group was
established with the mandate to report any planned activity to the full
Committee at each scheduled full RSAC meeting, to include milestones
for completion of projects, and 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 standards to the full RSAC on
September 21, 2006. The NPRM regarding standards 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 now completed the review of Part 229 and was
unable to reach consensus regarding locomotive cab temperatures
standards, locomotive alerters, and remote control locomotives. The
group reached consensus regarding critical locomotive electronic
standards, an update of annual biennial air brake
[[Page 41184]]
standards, clarification of the ``air brakes operate as intended''
requirement, locomotive pilot clearance within hump classification
yards, clarification of the ``high Voltage'' warning requirement, an
updated ``headlight lamp'' requirements, and language to allow
locomotive records to be stored electronically. The Working Group will
present a draft Part 229 rule text revision covering these items to the
Committee for approval at the September 10, 2009, meeting and if
approved, FRA will brief the full RSAC and proceed to NPRM. The Working
Group may be called back into service to address comments received on
the NPRM after publication. 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. No. 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
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 CPR Section 213.119
regulations to the full RSAC Committee on February 20, 2008, and the
Working Group's recommendations were accepted. FRA published an NPRM on
December 1, 2008, and is preparing a final rule with a target
publication date of August 2009. See Tasks 07-01 and 08-03, below.
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 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 has held follow-on meetings on the following dates:
February 20-21, 2007; July 24-25, 2007; August 29-30, 2007; October 31-
November 1, 2007; December 4-5, 2007; February 13-14, 2008; March 26-
27, 2008; and April 22-23, 2008. At the latter meeting, FRA announced
that the agency would prepare an NPRM draft based on the discussions to
date and schedule a further meeting for review of the document. The
draft NPRM is currently in FRA coordination and the language is being
revised based on comments. The draft NPRM will be presented to the RSAC
Medical Standards Working Group, when completed. A Physicians Task
Force, established by the Working Group in May 2007, is proceeding to
develop accompanying medical guidelines, which will be used to provide
consistent criteria for determining the medical fitness for duty of the
safety-critical positions. These guidelines will be presented for the
Medical Standards Working Group consideration, when complete. When
accepted by the Medical Standards Working Group, the two parts of the
rulemaking will be presented to the full RSAC for approval. The target
date for publishing the NPRM is December 2009. The Physicians Task
Force has had meetings or conference calls on July 24, 2007; August 20,
2007; October 15, 2007; October 31, 2007; June 23-24, 2008; September
8-10, 2008; October 8, 2008; November 12-13, 2008; December 8-10, 2008;
January 27-28, 2009; February 24-25, 2009; March 11-12, 2009; March 31-
April 1, 2009; April 15, 2009; April 22, 2009; May 13, 2009; May 20,
2009; and June 17, 2009. 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: (1) Review controls applied
to reuse of rail in CWR ``plug rail''; (2) review the issue of cracks
emanating from bond wire attachments; (3) consider improvements in the
Track Safety Standards related to fastening of rail to concrete ties;
and (4) 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. 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 an NPRM, with a target publication date of September
2009. Contact: Ken Rusk, (202) 493-6236.
Task OS-03--Track Safety Standards Rail Integrity. This task was
accepted on September 10, 2008, to consider specific improvements to
the Track Safety Standards or other responsive actions designed to
enhance rail integrity. The Rail Integrity Task Force was created in
October 2007 under Task 07-01 and first met on November 28-29, 2007.
The Task Force met on February 12-13, 2008; April 15-16, 2008; July 8-
9, 2008; September 16-17, 2008; February 3-4, 2009; and June 16-17,
2009. Consensus has been achieved on bond wires and a common
understanding on internal rail
[[Page 41185]]
flaw inspections has been reached. ``Valid test'' and ``qualified
operator'' have been defined and will be issued as a technical
bulletin. The Task Force has reached consensus to recommend to the
Working Group that the item regarding ``the effect of rail head wear,
surface conditions, and other relevant factors on the acquisition and
interpretation of internal rail flaw test results'' be closed. The Task
Force does not recommend regulatory action concerning head wear.
Surface conditions and their affect on test integrity has been
discussed and understood during dialogue concerning common
understanding on internal rail flaw inspections. The Task Force
believes that new technology has been developed that improves test
performance, and will impact the affect of head wear and surface
conditions on interpretation of internal rail flaw test results. The
next Rail Integrity Task Force meeting is scheduled for October 29-30,
2009. Contact: Carlo Patrick, (202) 493-6399.
Task No. 08-04--Positive Train Control. This task was accepted on
December 10, 2008, to provide advice regarding development of
implementing regulations for Positive Train Control (PTC) systems and
their deployment under 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 Positive Train Control Working Group and
forwarded those recommendations to the Administrator, with the
understanding that there are other issues for which FRA will be making
proposals with respect to their resolution. The NPRM was published on
July 21, 2009 (74 FR 36152), and a public hearing has been announced
for August 13, 2009 (74 FR 36152). Comments are due by August 20, 2009.
The PTC Working Group will reconvene on August 31-September 2, 2009, to
discuss comments received on the NPRM. The target date for the PTC
final rule is October 2009, with an effective date of January 2010. An
additional Task Force was formed to assist FRA in developing a model
template for a successful PTC Implementation Plan (PTCIP). PTCIPs are
required to be submitted by April 16, 2010, under mandate of the RSIA.
FRA will post a final version of a PTCIP template and an example of a
risk-based model for prioritization of line segment implementation to
the public FRA Web site, when complete. 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 RSIA, 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. 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 August 2009. The Working Group may be reconvened to address
comments received on the NPRM if time permits. Contact: Gordon Davids,
(202) 493-6320.
Task No. 08-07--Conductor Certification. This task was accepted on
December 10, 2008, to develop regulations for certification of railroad
conductors, as required by the RSIA, and to consider any appropriate
related amendments to existing regulations and report recommendations
for a proposed final rule 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 Conductor Certification
Working Group was officially formed by nominations from member
organizations in April 2009 and the first meeting was held on July 21-
23, 2009. Additional meetings are scheduled for August 25-27, 2009;
September 1-17, 2009; and October 20-22, 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 hours of service using available tools for
evaluating the impact of various crew schedules, and to determine the
effect of alternative approaches on the availability of employees to
support passenger service. The group is charged to report whether
existing hours of service restrictions are effective in preventing
fatigue among subject employees, whether an alternative approach to
hours of service for the subject employees would enhance safety, and
whether alternative restrictions on hours of service could be coupled
with other fatigue countermeasures to promote the fitness of employees
for safety-critical duties. The Passenger Hours of Service Working
Group was officially formed through the formal Committee member
nomination process in May 2009 and the first meeting was held on June
24, 2009. Additional meetings will be scheduled as often as necessary
as soon as work/rest data is available. 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).
[[Page 41186]]
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 Crash worthiness & 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 OO-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 O1-1--(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 OB-O1--(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.
Task No. OB-06--(Completed) Hours of Service Recordkeeping and
Reporting. Develop revised recordkeeping and reporting requirements for
hours of service of railroad employees. Final rule published May 27,
2009, with an effective date of July 16, 2009 (74 FR 25330).
Please refer to the notice published in the Federal Register on
March 11, 1996 (61 FR 9740), for more information about the RSAC.
Issued in Washington, DC, on August 10, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-19560 Filed 8-13-09; 8:45 am]
BILLING CODE 4910-06-P
