Railroad Safety Advisory Committee (RSAC); Working Group Activity Update, 51525-51531 [2010-20635]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51525-51531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20635]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 63]


Railroad Safety Advisory Committee (RSAC); Working Group Activity 
Update

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Announcement of Railroad Safety Advisory Committee (RSAC) 
Working Group Activities.

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SUMMARY: The FRA is updating its announcement of RSAC's Working Group 
activities to reflect its current status.

FOR FURTHER INFORMATION CONTACT: Larry Woolverton, RSAC Designated 
Federal Officer/Administrative Officer, FRA, 1200 New Jersey Avenue, 
SE., Mailstop 25, Washington, DC 20590, (202) 493-6212; or Robert 
Lauby, Deputy Associate Administrator for Regulatory and Legislative 
Operations, FRA, 1200 New Jersey Avenue, SE., Mailstop 25, Washington, 
DC 20590, (202) 493-6302.

SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last 
announcement of working group activities and status reports of January 
29, 2010 (75 FR 4904). The 41st full RSAC meeting was held March 18, 
2010, and the 42nd meeting is scheduled for September 23, 2010, at the 
National Association of Home Builders, National Housing Center, located 
at 1201 15th Street, NW., Washington, DC 20005.
    Since its first meeting in April of 1996, the RSAC has accepted 33 
tasks. Status for each of the open tasks (neither completed nor 
terminated) is provided below:

Open Tasks

    Task 96-4--Tourist and Historic Railroads. Reviewing the 
appropriateness of the agency's current policy regarding the 
applicability of existing and proposed regulations to tourist, 
excursion, scenic, and historic railroads. This task was accepted on 
April 2, 1996, and a Working Group was

[[Page 51526]]

established. The Working Group monitored the steam locomotive 
regulation task. Planned future activities involve the review of other 
regulations for possible adaptation to the safety needs of tourist and 
historic railroads. Contact: Robert Lauby, (202) 493-6302.
    Task 03-01--Passenger Safety. This task includes updating and 
enhancing the regulations pertaining to passenger safety, based on 
research and experience. This task was accepted on May 20, 2003, and a 
Working Group was established. Prior to embarking on substantive 
discussions of a specific task, the Working Group set forth in writing 
a specific description of the task. The Working Group reports planned 
activity to the full RSAC at each scheduled full RSAC meeting, 
including milestones for completion of projects and progress toward 
completion. At the first meeting held September 9-10, 2003, a 
consolidated list of issues was completed. At the second meeting, held 
on November 6-7, 2003, four task groups were established: Emergency 
Preparedness, Mechanical, Crashworthiness, and Track/Vehicle 
Interaction. The task forces met and reported on activities for Working 
Group consideration at the third meeting, held on May 11-12, 2004, and 
a fourth meeting was held October 26-27, 2004. The Working Group met on 
March 21-22, 2006, and again on September 12-13, 2006, at which time 
the group agreed to establish a task force on General Passenger Safety. 
The full Passenger Safety Working Group met on April 17-18, 2007, 
December 11-12, 2007, November 13, 2008, and June 8, 2009. On August 5, 
2009, the Working Group was requested to establish an Engineering Task 
Force to consider technical criteria and procedures for qualifying 
alternative passenger equipment designs as equivalent in safety to 
equipment meeting the design standards in the Passenger Equipment 
Safety Standards. The Passenger Safety Working Group approved re-
tasking the Engineering Task Force (ETF) on July 28, 2010, to 
concentrate on developing crashworthiness and occupant protection 
safety recommendations for high-speed passenger trains. The re-tasked 
ETF may address any safety features of the equipment, including but not 
limited to crashworthiness, interior occupant protection, glazing, 
emergency egress, and fire safety features. Any type of equipment may 
be addressed, including conventional locomotives, high-speed power 
cars, cab cars, multiple-unit (MU) locomotives, and coach cars. The 
equipment addressed may be used in any type of passenger service, from 
conventional-speed to high-speed. Recommendations may take the form of 
criteria and procedures, revisions to existing regulations, or adoption 
of new regulations, including rules of particular applicability. The 
work of the re-tasked ETF is intended to assist FRA in developing 
appropriate safety standards for the high-speed rail projects planned 
in California and Florida. The next meeting of the Working Group is 
scheduled for September 16, 2010. Contact: Charles Bielitz, (202) 493-
6314.
    (ETF) The Passenger Safety Working Group approved a request from 
FRA to establish an ETF under the Passenger Safety Working Group in 
August 2009. The mission of the Task Force is to produce a set of 
technical evaluation criteria and procedures for passenger rail 
equipment built to alternative designs. The technical evaluation 
criteria and procedures would provide a means of establishing whether 
an alternative design would result in performance at least equal to the 
structural design standards set forth in the Passenger Equipment Safety 
Standards (Title 49 Code of Federal Regulations (CFR) part 238). The 
initial focus of this effort will be on Tier I standards. When 
completed, the criteria and procedures would form a technical basis for 
making determinations concerning equivalent safety pursuant to 49 CFR 
238.201, and provide a technical framework for presenting evidence to 
FRA in support of any request for waiver of the compressive (buff) 
strength requirement, as set forth in 49 CFR 238.203. See 49 CFR part 
211, Rules of Practice. The criteria and procedures could be 
incorporated into Part 238 at a later date after notice and opportunity 
for public comment. ETF was formed and a kick-off meeting was held on 
September 23-24, 2009. The group met again on November 3-4, 2009; 
January 7-8, 2010; and March 9-10, 2010. A followup GOTO/Webinar 
meeting was held on July 12, 2010. ETF has developed a draft ``Criteria 
and Procedures Report,'' and will send the consensus document to the 
Passenger Safety Working Group for vote when finalized; and schedule a 
kick-off meeting in the October-November 2010 timeframe to address the 
new high-speed task. Contact: Robert Lauby, (202) 493-6302.
    (Emergency Preparedness Task Force) At the Working Group meeting on 
March 9-10, 2005, the Working Group received and approved the consensus 
report of the Emergency Preparedness Task Force related to emergency 
communication, emergency egress, and rescue access. These 
recommendations were presented to and approved by the full RSAC on May 
18, 2005. The Working Group met on September 7-8, 2005, and additional, 
supplementary recommendations were presented to and accepted by the 
full RSAC on October 11, 2005. The Notice of Proposed Rulemaking (NPRM) 
was published on August 24, 2006 (71 FR 50275), and was open for 
comment until October 23, 2006. The Working Group agreed upon 
recommendations for the final rule, including resolution of final 
comments received, during the April 17-18, 2007, meeting. The 
recommendations were presented to and approved by the full RSAC on June 
26, 2007. The Passenger Train Emergency Systems final rule, focusing on 
emergency communication, emergency egress, and rescue access, was 
published on February 1, 2008 (73 FR 6370). The Task Force met on 
October 17-18, 2007, and reached consensus on the draft rule text for a 
followup NPRM on Passenger Train Emergency Systems, focusing on low 
location emergency exit path marking, emergency lighting, and emergence 
signage. The Task Force presented the draft rule text to the Passenger 
Safety Working Group on December 11-12, 2007, and the consensus draft 
rule text was presented to, and approved by full RSAC vote during the 
February 20, 2008, meeting. During the May 13-14, 2008, meeting, the 
Task Force recommended clarifying the applicability of back-up 
emergency communication system requirements in the February 1, 2008, 
final rule, and FRA announced its intention to exercise limited 
enforcement discretion for a new provision amending instruction 
requirements for emergency window exit removal. The Working Group 
ratified these recommendations on June 19, 2008. The Task Force met 
again on March 31, 2009, to clarify issues related to the followup NPRM 
raised by members. The modified rule text was presented to and approved 
by the Passenger Safety Working Group on June 8, 2009. The Working 
Group requested that FRA draft the rule text requiring daily inspection 
of removable panels or windows in vestibule doors and entrust the 
Emergency Preparedness Task Force with reviewing the text. FRA sent the 
draft text to the Task Force for review and comment on August 4, 2009. 
The draft rule text was approved by the Passenger Safety Working Group 
by mail ballot on December 23, 2009. The target timeframe for the NPRM 
publication is December 2010 due to competing Rail Safety Improvement 
Act of 2008 (RSIA) priorities. No additional Task Force meetings are 
currently

[[Page 51527]]

scheduled. Contact: Brenda Moscoso, (202) 493-6282.
    (Mechanical Task Force--Completed) Initial recommendations on 
mechanical issues (revisions to 49 CFR part 238) were approved by the 
full RSAC on January 26, 2005. At the Working Group meeting of 
September 7-8, 2005, the Task Force presented additional perfecting 
amendments and the full RSAC approved them on October 11, 2005. An NPRM 
was published in the Federal Register on December 8, 2005 (70 FR 
73070). Public comments were due by February 17, 2006. The final rule 
was published in the Federal Register on October 19, 2006 (71 FR 
61835), effective December 18, 2006.
    (Crashworthiness Task Force--Completed) Among its efforts, the 
Crashworthiness Task Force provided consensus recommendations on 
static-end strength that were adopted by the Working Group on September 
7-8, 2005. The full RSAC accepted the recommendations on October 11, 
2005. The front-end strength of cab cars and MU locomotives NPRM was 
published in the Federal Register on August 1, 2007 (72 FR 42016), with 
comments due by October 1, 2007. A number of comments were entered into 
the docket, and a Crashworthiness Task Force meeting was held September 
9, 2008, to resolve comments on the NPRM. Based on the consensus 
language agreed to at the meeting, FRA has prepared the text of the 
final rule incorporating the resolutions made at the Task Force meeting 
and the final rule language was adopted at the Passenger Safety Working 
Group meeting held on November 13, 2008. The language was presented and 
approved at the December 10, 2008, full RSAC meeting. The final rule 
was issued on December 31, 2009, and published on January 8, 2010 (75 
FR 1180). Contact: Gary Fairbanks, (202) 493-6322.
    (Vehicle/Track Interaction Task Force) The Task Force is developing 
proposed revisions to 49 CFR parts 213 and 238 principally regarding 
high-speed passenger service. The Task Force met on October 9-11, 2007, 
and again on November 19-20, 2007, in Washington, DC, and presented the 
final Task Force report and final recommendations and proposed rule 
text for approval by the Passenger Safety Working Group at the December 
11-12, 2007, meeting. The final report and the proposed rule text were 
approved by the Working Group and were presented to and approved by 
full RSAC vote during the February 20, 2008, meeting. The group met on 
February 27-28, 2008, and by teleconference on March 18, 2010, to 
address unresolved issues and the NPRM was published on May 10, 2010 
(75 FR 25928). The Task Force was called back into session on August 5-
6, 2010, to review and consider NPRM comments. Contact: John Mardente, 
(202) 493-1335.
    (General Passenger Safety Task Force) At the Passenger Safety 
Working Group meeting on April 17-18, 2007, the Task Force presented a 
progress report to the Working Group. The Task Force met on July 18-19, 
2007, and afterwards it reported proposed reporting cause codes for 
injuries involving the platform gap, which were approved by the Working 
Group by mail ballot in September 2007. The full RSAC approved the 
recommendations for changes to 49 CFR Part 225 accident/incident cause 
codes on October 25, 2007. The General Passenger Safety Task Force 
presented draft guidance material for management of the gap that was 
considered and approved by the Working Group during the December 11-12, 
2007, meeting and was presented to and approved by full RSAC vote 
during the February 20, 2008, meeting. The group met April 23-24, 2008, 
December 3-4, 2008, and April 21-23, 2009, and October 7-8, 2009. The 
Task Force continues work on passenger train door securement, ``second 
train in station,'' trespasser incidents, and System Safety-based 
solutions by developing a regulatory approach to System Safety. The 
Task Force has created two Task Groups to focus on these issues. The 
Door Safety Task group has reached consensus on 47 out of 48 safety 
issues addressed in the area of passenger train door mechanical and 
operational requirements and will present draft regulatory language to 
the General Passenger Safety Task Force at the next meeting. The System 
Safety Task Group has produced draft regulatory language for a System 
Safety Rule and will present its recommendation to the General 
Passenger Safety Task Force at a July 30, 2010, GOTO/Webinar meeting 
for approval. An electronic vote is planned for early August and, if 
approved, the draft rule text will be presented to the Passenger Safety 
Working Group at the scheduled September 16, 2010, meeting. No 
additional General Passenger Safety Task Force meetings are currently 
scheduled. Contact: Dan Knote, (631) 567-1596.
    Task 05-01--Review of Roadway Worker Protection Issues. This task 
was accepted on January 26, 2005, to review 49 CFR part 214 subpart C, 
Roadway Worker Protection (RWP), and related sections of Subpart A; to 
recommend consideration of specific actions to advance the on-track 
safety of railroad employees and contractors engaged in maintenance-of-
way activities throughout the general system of railroad 
transportation, including clarification of existing requirements. A 
Working Group was established and reported to the RSAC any specific 
actions identified as appropriate. The first meeting of the Working 
Group was held on April 12-14, 2005. Over the course of 2 years, the 
group drafted and reached consensus on regulatory language for various 
revisions, clarifications, and additions to 32 separate items in 19 
sections of the rule. However, two parties raised technical concerns 
regarding one of those items, namely, the draft language concerning 
electronic display of track authorities. The Working Group presented 
and received approval on all of its consensus recommendations for draft 
rule text to the full RSAC at the June 26, 2007, meeting. FRA will 
address the electronic display of track authorities issue along with 
eight additional items that the Working Group was unable to reach 
consensus, through the traditional NPRM process. In early 2008, the 
external Working Group members were solicited to review the consensus 
rule text for errata review. In order to address the heightened 
concerns raised with the current regulations for adjacent-track, on-
track safety, FRA decided to issue, on an accelerated basis, a separate 
NPRM that would focus on this element of the RWP rule alone. An NPRM 
with an abbreviated comment period regarding adjacent-track, on-track 
safety was published on July 17, 2008, but was later withdrawn on 
August 13, 2008, to permit further consideration of the RSAC consensus 
language. A second NPRM concerning adjacent-controlled-track, on-track 
safety was published on November 25, 2009, and comments were due to the 
docket by January 25, 2010. Comments have been reviewed and considered 
by FRA, and the target publication date for the final rule is January 
2011. Due to the ongoing work of this separate rulemaking, the 
remaining larger NPRM relating to the various revisions, 
clarifications, and additions to 31 separate items in 19 sections of 
the rule, and FRA's recommendations for nine nonconsensus items is now 
planned for March 2011. Contact: Christopher Schulte, (610) 521-8201.
    Task 05-02--Reduce Human Factor-Caused Train Accident/Incidents. 
This task was accepted on May 18, 2005, to reduce the number of human 
factor-caused train accidents/incidents and related employee injuries. 
The Railroad Operating Rules Working Group was formed, and the Working 
Group

[[Page 51528]]

extensively reviewed the issues presented. The final Working Group 
meeting devoted to developing a proposed rule was held February 8-9, 
2006. The Working Group was not able to deliver a consensus regulatory 
proposal, but it did recommend that it be used to review comments on 
FRA's NPRM, which was published in the Federal Register on October 12, 
2006, (FR 71 60372) with public comments due by December 11, 2006. Two 
reviews were held, one on February 8-9, 2007, and one on April 4-5, 
2007. Consensus was reached on four items and those items were 
presented and accepted by the full RSAC at the June 26, 2007, meeting. 
A final rule was published in the Federal Register on February 13, 2008 
(73 FR 8442) with an effective date of April 14, 2008. FRA received 
four petitions for reconsideration of that final rule. The final rule 
that responded to the petitions for consideration was published in the 
Federal Register on June 16, 2008, and concluded the rulemaking. 
Working Group meetings were held September 27-28, 2007, January 17-18, 
2008, May 21-22, 2008, and September 25-26, 2008. The Working Group has 
considered issues related to issuance of Emergency Order No. 26 
(prohibition on use of certain electronic devices while on-duty), and 
``after arrival mandatory directives,'' among other issues. The Working 
Group continues to work on after arrival orders, and at the September 
25-26, 2008, meeting voted to create a Highway-Rail Grade Crossing Task 
Force to review highway-rail grade crossing accident reports regarding 
incidents of grade crossing warning systems providing ``short or no 
warning'' resulting from or contributed to ``by train operational 
issues'' with the intent to recommend new accident/incident reporting 
codes that would better explain such events, and which may provide 
information for remedial action going forward. A followup task is to 
review and provide recommendations regarding supplementary reporting of 
train operations-related, no-warning or short-warning incidents that 
are not technically warning system activation failures, but that result 
in an accident/incident or a near miss. The Task Force has been formed 
and will begin work after other RSIA priorities are met. Contact: 
Douglas Taylor, (202) 493-6255.
    Task 06-01--Locomotive Safety Standards. This task was accepted on 
February 22, 2006, to review 49 CFR Part 229, Railroad Locomotive 
Safety Standards, and revise as appropriate. A Working Group was 
established with the mandate to report any planned activity to the full 
Committee at each scheduled full RSAC meeting, to include milestones 
for completion of projects and progress toward completion. The first 
Working Group meeting was held May 8-10, 2006. Working Group meeting 
were held on August 8-9, 2006, September 25-26, 2006, October 30-31, 
2006, and the Working Group presented recommendations regarding 
revisions to requirements for locomotive sanders to the full RSAC on 
September 21, 2006. The NPRM regarding Sanders was published in the 
Federal Register on March 6, 2007 (72 FR 9904). Comments received were 
discussed by the Working Group for clarification, and FRA published a 
Final Rule on October 19, 2007 (72 FR 59216). The Working Group met on 
January 9-10, 2007, November 27-28, 2007, February 5-6, 2008, May 20-
21, 2008, August 5-6, 2008, October 22-23, 2008, January 6-7, 2009, and 
April 15-16, 2009. The Working Group has now completed the review of 
Part 229 and was unable to reach consensus regarding locomotive cab 
temperatures standards, locomotive alerters, and remote control 
locomotives. The group reached consensus regarding critical locomotive 
electronic standard, updated annual/biennial air brake standards, 
clarification of the ``air brakes operate as intended'' requirement, 
locomotive pilot clearance within hump classification yards, 
clarification of the ``high voltage'' warning requirement, an update of 
``headlight lamp'' requirements, and language to allow locomotive 
records to be stored electronically. The Working Group presented a 
draft Part 229 rule text revision covering these items to RSAC for 
consideration at the September 10, 2009, meeting and received approval. 
FRA has proceeded with drafting an NPRM with a target publication date 
of August 2010. The Working Group may be called back to address 
comments received on the NPRM after publication. Contact: George 
Scerbo, (202) 493-6249.
    Task 06-03--Medical Standards for Safety-Critical Personnel. This 
task was accepted on September 21, 2006, to enhance the safety of 
persons in the railroad operating environment and the public by 
establishing standards and procedures for determining the medical 
fitness for duty of personnel engaged in safety-critical functions. A 
Working Group has been established and will report any planned activity 
at each scheduled full RSAC meeting, including milestones for 
completion of projects and progress toward completion. The first 
Working Group meeting was held December 12-13, 2006. The Working Group 
has held followup meetings on the following dates: February 20-21, 
2007, July 24-25, 2007, August 29-30, 2007, October 31-November 1, 
2007, December 4-5, 2007, February 13-14, 2008, March 26-27, 2008, 
April 22-23, 2008, and December 8-9, 2009. At the April 2008 meeting, 
FRA announced that the agency would prepare an NPRM draft based on the 
discussions to date and schedule a further meeting for review of the 
document. The Working Group was reconvened December 8-9, 2009, and an 
updated draft NPRM was presented to the Working Group for review and 
comment. The Working Group has held followup meetings on February 16-
17, 2010, March 11-12, 2010, and May 24-26, 2010. The next meeting of 
the Medical Standards Working Group is scheduled for August 31-
September 1, 2010. When the draft NPRM is accepted by the Medical 
Standards Working Group, it will be presented to the full RSAC for 
approval. Contact: Dr. Bernard Arseneau, (202) 493-6002.
    (Critical Incident Task Force) The Medical Standards Working Group 
accepted RSAC Task 2009-02, Critical Incident Response, during the 
December 8-9, 2010, meeting. The Working Group has been tasked to 
provide advice regarding development of implementing regulations for 
critical incident stress plans as required by RSIA. A Critical Incident 
Task Force was established by the Working Group during the May 24-26, 
2010, Medical Standards Working Group meeting. A kick-off meeting for 
the Critical Incident Task Force is scheduled for September 2, 2010. 
Contact: Dr. Bernard Arseneau, (202) 493-6002.
    (Physicians Task Force) A Physicians Task Force was established by 
the Working Group in May 2007. The Task Force is proceeding to develop 
medical criteria and protocols for medical conditions. These medical 
criteria and protocols will be used to assess the medical fitness of 
safety-critical employees to perform safety critical service under a 
proposed medical standards rule. The medical criteria and protocols 
will be presented to the Medical Standards Working Group and FRA when 
complete. The Physicians Task Force has had meetings or conference 
calls on July 24, 2007, August 20, 2007, October 15, 2007, October 31, 
2007, June 23-24, 2008, September 8-10, 2008, October 8, 2008, November 
12-13, 2008, December 8-10, 2008, January 27-28, 2009, February 24-25, 
2009, March 11-12, 2009, March 31-April 1, 2009, April 15, 2009, April 
22, 2009, May 13, 2009, May 20, 2009,

[[Page 51529]]

June 17, 2009, January 21-22, 2010, and March 3, 2010. The Physicians 
Task Force presented a progress report to the Working Group during the 
May 24-26, 2010, Working Group meeting. The next Physicians Task Force 
meeting is scheduled for August 16-17, 2010. Contact: Dr. Bernard 
Arseneau, (202) 493-6002.
    Task 07-01--Track Safety Standards. This task was accepted on 
February 22, 2007, to consider specific improvements to the Track 
Safety Standards or other responsive actions, supplementing work 
already underway on continuous welded rail (CWR) specifically to: 
review controls applied to the re-use of rail in CWR ``plug rail;'' 
review the issue of cracks emanating from bond wire attachments; 
consider improvements in the Track Safety Standards related to 
fastening of rail to concrete ties; and ensure a common understanding 
within the regulated community concerning requirements for internal 
rail flaw inspections. The tasks were assigned to the Track Safety 
Standards Working Group. The Working Group will report any planned 
activity to the full Committee at each scheduled full RSAC meeting, 
including milestones for completion of projects and progress toward 
completion. The first Working Group meeting was held on June 27-28, 
2007, and the group met again on August 15-16, 2007, and October 23-24, 
2007. Two Task Forces were created under the Working Group: Concrete 
Ties Task Force and Rail Integrity Task Force. The Concrete Ties Task 
Force met on November 26-27, 2007, February 13-14, 2008, April 16-17, 
2008, July 9-10, 2008, and September 17-18, 2008. The Concrete Ties 
Task Force finalized consensus language regarding concrete crossties 
(49 CFR Part 213) and presented a recommendation to the Track Standards 
Working Group at the November 20, 2008, Working Group meeting. The 
language was approved by both the Working Group and the December 10, 
2008, RSAC meeting and the Task Force was dissolved. FRA is finalizing 
an NPRM with a target publication date of August 2010. Contact: Ken 
Rusk, (202) 493-6236.
    Task 08-03--Track Safety Standards Rail Integrity. This task was 
accepted on September 10, 2008, to consider specific improvements to 
the Track Safety Standards or other responsive actions designed to 
enhance rail integrity. The Rail Integrity Task Force was created in 
October 2007 under Task 07-01 and first met on November 28-29, 2007. 
The Task Force met on February 12-13, 2008, April 15-16, 2008, July 8-
9, 2008, September 16-17, 2008, February 3-4, 2009, June 16-17, 2009, 
October 29-30, 2009, January 20-21, 2010, March 9-11, 2010, and April 
20, 2010. Consensus has been achieved on bond wires and a common 
understanding on internal rail flaw inspections has been reached. The 
Task Force has reached consensus to recommend to the Working Group that 
the item regarding ``the effect of rail head wear, surface conditions 
and other relevant factors on the acquisition and interpretation of 
internal rail flaw test results'' be closed. The Task Force does not 
recommend regulatory action concerning head wear. Surface conditions 
and their affect on test integrity has been discussed and understood 
during dialogue concerning common understanding on internal rail flaw 
inspections. The Task Force believes that new technology has been 
developed that improves test performance and will impact the affect of 
head wear and surface conditions on interpretation of internal rail 
flaw test results. Consensus text was developed on recommended changes 
that would approach a performance-based approach to flaw detection 
scheduling. However, the group did not reach consensus on what length 
of segment of track is practical to utilize on determining test cycles. 
Consensus text has been finalized for recommended changes to 49 CFR 
213.113, Defective rails; 213.237, Rail inspection; and 213.241, 
Inspection records. The Task Force has developed a new 49 CFR 213.238, 
Qualified operator language, that defines the minimum requirements for 
the training of a rail flaw detector car operator. The Task Force 
presented the consensus language to the Track Standards Working Group 
during a July 28-30, 2010, meeting and the Track Standards Working 
Group will present its recommendations to the RSAC for approval during 
the September 23, 2010, Committee meeting. Contact: Carlo Patrick, 
(202) 493-6399.
    Task No. 08-04--Positive Train Control. This task was accepted on 
December 10, 2008, to provide advice regarding development of 
implementing regulations for Positive Train Control (PTC) systems and 
their deployment under the RSIA. The task included a requirement to 
convene an initial meeting no later than January 2009, and to report 
recommendations back to RSAC no later than April 24, 2009. The PTC 
Working Group was created in December 2008 by Working Group member 
nominations from committee member organizations under Task 08-04 and 
the kickoff meeting was held on January 26-27, 2009. The group met 
again on February 11-13, 25-27, March 17-18, 2009, and March 31-April 
1, 2009. On April 2, 2009, the RSAC approved the request by the Working 
Group for agreement to vote on the draft rule text recommendations from 
the working group by mail ballot. On May 11, 2009, by majority vote via 
mail ballot, the RSAC accepted the recommendations of the PTC Working 
Group and forwarded those recommendations to the Administrator, with 
the understanding that there are other issues that FRA would be making 
proposals with respect to their resolution. The NPRM was published on 
July 21, 2009 (74 FR 36152), with comments due by August 20, 2009. In 
addition, a public hearing was held on August 13, 2009 (74 FR 36152). 
The PTC Working Group was reconvened on August 31-September 2, 2009, to 
discuss comments received on the NPRM and the PTC Working Group 
presented consensus rule text items to the RSAC for approval at the 
September 10, 2009, meeting. The PTC consensus rule text was approved 
by majority RSAC vote by electronic ballot on September 24, 2009, and 
the final rule was published on January 15, 2010 (75 FR 2598).
    (PTC Implementation Plan Task Force) A task force was formed to 
assist FRA in developing a model template for a successful PTC 
Implementation Plan (PTCIP), and in development of an example 
associated Risk Prioritization Methodology. PTCIPs are required to be 
submitted by April 16, 2010, under the mandate of RSIA. FRA posted a 
final version of a PTCIP template and an example risk prioritization 
methodology model for prioritization of line segment implementation to 
the FRA public Web site on January 12, 2010, the same day the final 
rule was made available for public review. Contact: Tom McFarlin, (202) 
493-6203.
    (PTC Risk Evaluation Task Force) The creation of the PTC Rick 
Evaluation Task Force was approved by the PTC Working Group on April 1, 
2010, to develop a computer model to estimate the risk of PTC-
preventable accidents on a line segment basis. The group was formed by 
nominations from members of the PTC Working Group and the kick-off 
meeting was held via GOTO/Webinar on June 17, 2010. A followup meeting 
was held on August 3, 2010, and an additional followup GOTO/Webinar 
meeting is scheduled for September 7, 2010. Contact: Mark Hartong, 
(202) 493-1332.
    Task No. 08-07--Conductor Certification. This task was accepted on 
December 10, 2008, to develop regulations for certification of railroad 
conductors, as required by RSIA, and to consider any appropriate 
related

[[Page 51530]]

amendments to existing regulations and report recommendations for 
proposed or interim final rule (as determined by FRA in consultation 
with the Office of the Secretary of Transportation and the Office of 
Management and Budget) by October 16, 2009. The Conductor Certification 
Working Group was officially formed by nominations from member 
organizations in April 2009, and the first meeting was held on July 21-
23, 2009. Additional meetings are scheduled for August 25-27, 2009, 
September 15-17, 2009, October 20-22, 2009, November 17-19, 2009, and 
December 16-18, 2009. Tentative consensus was reached on the vast 
majority of the regulatory text. The Working Group approved the draft 
rule text by electronic ballot and the consensus draft language was 
approved by the RSAC on March 18, 2010, by unanimous vote as the 
recommendation from the Committee to the FRA Administrator and work to 
finalize the NPRM for publication is underway with a target publication 
date of late August 2010. Contact: Mark McKeon, (202) 493-6350.
    Task No. 09-01--Passenger Hours of Service. This task was accepted 
on April 2, 2009, to provide advice regarding development of 
implementing regulations for the hours of service of operating 
employees of commuter and intercity passenger railroads under RSIA. The 
group has been tasked to review available data concerning the effects 
of fatigue on the performance of subject employees and consider the 
role of fatigue prevention in determining maximum hours of service. The 
group has also been tasked to consider the potential for alternative 
approaches to hour of service using available tools for evaluating the 
impact of various crew schedules and determine the effect of 
alternative approaches on the availability of employees to support 
passenger service. The group is charged to report whether existing 
hours of service restrictions are effective in preventing fatigue among 
subject employees, whether an alternative approach to hours of service 
for the subject employees would enhance safety and whether alternative 
restrictions on hours of service could be coupled with other fatigue 
countermeasures to promote the fitness of employees for safety-critical 
duties. The Passenger Hours of Service Working Group was officially 
formed through the formal Committee member nomination process in May 
2009, and the first meeting was held on June 24, 2009. Followup Working 
Group meetings were held on February 2-3, 2010, March 4-5, 2010, April 
6, 2010, May 20, 2010, and June 29, 2010. Consensus has been reached on 
a majority of the issues and the draft rule text has been matured. The 
Working Group plans to bring the draft to electronic vote during the 
month of August 2010 and, if passed, will present its recommendations 
to the RSAC on September 23, 2010. A Passenger Hours of Service Task 
Force was formed to review collected data and provide recommendations 
to the Working Group. The Task Force met on January 14-15, 2010, March 
30-31, 2010, and June 16, 2010. Contact: Mark McKeon, (202) 493-6350.
    Task No. 10-0--Minimum Training Standards and Plans. This task was 
accepted on March 18, 2010, to establish minimum training standards for 
each class and craft of safety-related railroad employee and their 
railroad contractor and subcontractor equivalents, as required by RSIA. 
The group has been tasked to assist FRA in developing regulations 
responsive to the legislative mandate, while ensuring generally 
accepted principles of adult learning are employed in training/
development and delivery; determine a reasonable method for submission 
and FRA review of training plans which takes human resource limitations 
into account; establish reasonable oversight criteria to ensure 
training plans are effective, using the operational tests and 
inspections requirements of 49 CFR part 217 as a model. The Training 
Standards Working Group was officially formed through the formal 
Committee member nomination process in March 2010, and the first 
meeting was held on April 13-14, 2010. A followup Working Group meeting 
was held on June 2-3, 2010, and additional followup meetings are 
scheduled for August 17-18 and September 21-22, 2010. A Task Analysis 
Task Force was formed under the Working Group to develop a task 
analysis template and met in Florence, KY, on June 22-23, 2010, with 
CSX Transportation hosting the event. The group developed a 21-page 
task analysis document for an outbound train yard carman position, 
which is complete regarding FRA railroad safety laws, regulations, and 
orders. The document is not fully complete for the other railroad 
duties that are not covered by FRA, but the Task Force did agree to 
capture many of those duties in the document. This document will be 
presented and discussed at the August 17-18, 2010, Working Group 
meeting. Two additional Working Group meetings are scheduled for 
September 21-22, 2010, and October 19-20, 2010.
    Completed Tasks:
    Task 96-1--(Completed) Revising the Freight Power Brake 
Regulations.
    Task 96-2--(Completed) Reviewing and recommending revisions to the 
Track Safety Standards (49 CFR part 213).
    Task 96-3--(Completed) Reviewing and recommending revisions to the 
Radio Standards and Procedures (49 CFR part 220).
    Task 96-5--(Completed) Reviewing and recommending revisions to 
Steam Locomotive Inspection Standards (49 CFR part 230).
    Task 96-6--(Completed) Reviewing and recommending revisions to 
miscellaneous aspects of the regulations addressing Locomotive Engineer 
Certification (49 CFR part 240).
    Task 96-7--(Completed) Developing Roadway Maintenance Machines (On-
Track Equipment) Safety Standards.
    Task 96-8--(Completed) This Planning Task evaluated the need for 
action responsive to recommendations contained in a report to Congress 
entitled, Locomotive Crashworthiness & Working Conditions.
    Task 97-1--(Completed) Developing crashworthiness specifications 
(49 CFR part 229) to promote the integrity of the locomotive cab in 
accidents resulting from collisions.
    Task 97-2--(Completed) Evaluating the extent to which 
environmental, sanitary, and other working conditions in locomotive 
cabs affect the crew's health and the safe operation of locomotives, 
proposing standards where appropriate.
    Task 97-3--(Completed) Developing event recorder data survivability 
standards.
    Task 97-4 and Task 97-5--(Completed) Defining PTC functionalities, 
describing available technologies, evaluating costs and benefits of 
potential systems, and considering implementation opportunities and 
challenges, including demonstration and deployment.
    Task 97-6--(Completed) Revising various regulations to address the 
safety implications of processor-based signal and train control 
technologies, including communications-based operating systems.
    Task 97-7--(Completed) Determining damages qualifying an event as a 
reportable train accident.
    Task 00-1--(Completed-task withdrawn) Determining the need to amend 
regulations protecting persons who work on, under, or between rolling 
equipment and persons applying, removing or inspecting rear end marking 
devices (Blue Signal Protection).

[[Page 51531]]

    Task 01-1--(Completed) Developing conformity of FRA's regulations 
for accident/incident reporting (49 CFR Part 225) to revised 
regulations of the Occupational Safety and Health Administration 
(OSHA), U.S. Department of Labor, and to make appropriate revisions to 
the FRA Guide for Preparing Accident/Incident Reports (Reporting 
Guide).
    Task 08-01--(Completed) Report on the Nation's Railroad Bridges. 
Report to FRA on the current state of railroad bridge safety 
management; update the findings and conclusions of the 1993 Summary 
Report of the FRA Railroad Bridge Safety Survey.
    Task No. 08-06--(Completed) Hours of Service Record Keeping and 
Reporting. Develop revised record keeping and reporting requirements 
for hours of service of railroad employees. Final rule published May 
27, 2009, with an effective date of July 16, 2009. (74 FR 25330).
    Task No. 08-05--(Completed) Railroad Bridge Safety Assurance. 
Develop a rule encompassing the requirements of Section 417, Railroad 
Bridge Safety Assurance, of RSIA bridge failure. Final rule published 
July 15, 2010 (75 FR-41282).
    Task 06-02--(Completed) Track Safety Standards and Continuous 
Welded Rail. Issue requirements for inspection of joint bars in 
continuous welded rail (CWR) to detect cracks that could affect the 
integrity of the track structure published a Final Rule on August 25, 
2009, with correcting amendment published October 21, 2009.
    Please refer to the notice published in the Federal Register on 
March 11, 1996, (61 FR 9740) for more information about the RSAC.

    Issued in Washington, DC, on August 16, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-20635 Filed 8-19-10; 8:45 am]
BILLING CODE 4910-06-P