[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Notices]
[Pages 25677-25679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11777]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 29]


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: FRA is updating its announcement of RSAC's working group 
activities to reflect their current status.

FOR FURTHER INFORMATION CONTACT: Trish Butera or Lydia Leeds, RSAC 
Coordinators, FRA, 1120 Vermont Avenue, NW., Mailstop 25, Washington, 
DC 20590, (202) 493-6213 or Grady Cothen, Deputy Associate 
Administrator for Safety Standards and Program Development, FRA, 1120 
Vermont Avenue, NW., 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 on

[[Page 25678]]

September 3, 2002, (67 FR 56341). The 20th full Committee meeting was 
held September 19, 2002, at the Almas Temple Club in Washington, DC. 
The 21st meeting is scheduled for May 20, 2003.
    Since its first meeting in April of 1996, the RSAC has accepted 17 
tasks. An additional task, Amendments to the Passenger Equipment Safety 
Standards (49 CFR part 238) and the Passenger Train Emergency 
Preparedness (49 CFR part 239) will be proposed at the next meeting. 
Status for each of the tasks is provided below:
    Task 96-1--(Completed) Revising the Freight Power Brake 
Regulations. The final rule was published on January 17, 2001 (66 FR 
4104). An amendment extending the effective date of the final rule 
until May 31, 2001, was published on February 12, 2001 (66 FR 9905). 
Amendments to subpart D of the final rule were published August 1, 2001 
(66 FR 36983). Amendments responding to the remaining issues raised in 
petitions for reconsideration were published in the Federal Register on 
April 10, 2002 (67 FR 17556).
    Task 96-2--(Completed) Reviewing and recommending revisions to the 
Track Safety Standards (49 CFR part 213). The final rule was published 
in the Federal Register on June 22, 1998 (63 FR 33991). The effective 
date of the rule was September 21, 1998. A task force was established 
to address Gage Restraint Measurement System (GRMS) technology 
applicability to the Track Safety Standards. The GRMS final rule 
amendment was published January 10, 2001 (66 FR 1894). On January 31, 
2001, FRA published a notice extending the effective date of the GRMS 
amendment to April 10, 2001 (66 FR 8372). On February 8, 2001, FRA 
published a notice delaying the effective date until June 9, 2001, in 
accordance with the Regulatory Review Plan (66 FR 9676).
    Task 96-3--(Completed) Reviewing and recommending revisions to the 
Radio Standards and Procedures (49 CFR part 220). The final rule was 
published on September 4, 1998 (63 FR 47182), and was effective on 
January 2, 1999.
    Task 96-4--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 regulations 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 96-5--(Completed) Reviewing and recommending revisions to 
Steam Locomotive Inspection Standards (49 CFR part 230). The final rule 
was published on November 17, 1999 (64 FR 62828), and became effective 
January 18, 2000.
    Task 96-6--(Completed) Reviewing and recommending revisions to 
miscellaneous aspects of the regulations addressing Locomotive Engineer 
Certification (49 CFR part 240). The final rule was published November 
8, 1999 (64 FR 60966).
    Task 96-7--Developing Roadway Maintenance Machine (On-Track 
Equipment) Safety Standards. This task was assigned to the existing 
Track Standards Working Group on October 31, 1996, and a Task Force was 
established. The Task Force finalized a proposed rule which was 
approved by the full RSAC in a mail ballot in August 2000. The NPRM was 
published January 10, 2001 (66 FR 1930). The Task Force met to review 
comments on February 27-March 1, 2002, and agreed to the disposition of 
the comments for the final rule. A Ballot was issued to the Working 
Group and all responders concurred. The RSAC approved the 
recommendations at the full RSAC meeting on May 29, 2002. The next step 
is to complete and publish the final rule. Contact: Al MacDowell (202) 
493-6236.
    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. This 
Planning Task was accepted on October 31, 1996. A Planning Group was 
formed and reviewed the report, grouping issues into categories, and 
prepared drafts of the task statements for Tasks 97-1 and 97-2.
    Task 97-1--Developing crashworthiness specifications to promote the 
integrity of the locomotive cab in accidents resulting from collisions. 
This Task was accepted on June 24, 1997. A Task Force on engineering 
issues was established by the Working Group on Locomotive 
Crashworthiness to review collision history and design options and 
additional research was commissioned. The Working Group reviewed 
results of the research and is drafting performance-based standards for 
freight and passenger locomotives to present to the RSAC for 
consideration. An accident review task force has evaluated the 
potential effectiveness of suggested improvements. The Working Group 
reached tentative agreement for a proposed rule. The NPRM and 
Regulatory Impact Analysis are being revised to reflect the changes. 
The next step is the Working Group review of the final NPRM draft. 
Contact: Sean Mehrvazi (202) 493-6108.
    Task 97-2--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. This Task was accepted June 24, 1997.
    (Sanitation). (Completed) The final rule was published on April 4, 
2002, with an effective date of July 3, 2002 (67 FR 16032). One 
petition for reconsideration was filed and is under review by FRA.
    (Noise exposure.) The Cab Working Conditions Working Group met most 
recently in Chicago, November 12-14, 2002. A tentative consensus was 
reached on the draft rule text. Next steps are Working Group, then full 
RSAC approval of the NPRM in the spring.
    The Cab Working Group has also considered issues related to cab 
temperature, and is expected to consider additional issues (such as 
vibration) in the future. No further action is planned at this time. 
Contact: Jeffrey Horn (202) 493-6283.
    Task 97-3--Developing event recorder data survivability standards. 
This Task was accepted on June 24, 1997. The Event Recorder Working 
Group met actively in 2002, reviewing draft language for an NPRM. In 
mid-2003 a revised draft NPRM will be circulated to the Working Group 
for review and approval. Contact: Edward Pritchard (202) 493-6247.
    Task 97-4 and Task 97-5--Defining Positive Train Control (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--Revising various regulations to address the safety 
implications of processor-based signal and train control technologies, 
including communications-based operating systems. These three tasks 
were accepted on September 30, 1997, and assigned to a single Working 
Group.
    (Report to the Administrator.) A Data and Implementation Task 
Force, formed to address issues such as assessment of costs and 
benefits and technical readiness, completed a report on the future of 
PTC systems. The report was accepted as RSAC's Report to the 
Administrator at the September 8, 1999, meeting. FRA enclosed the 
report with

[[Page 25679]]

a letter Report to Congress signed May 17, 2000.
    (Report to Congress.) The Appropriations Conferees included in 
their report on the FY 2003 DOT Appropriations Act a requirement for a 
second review of the costs and benefits of PTC. FRA will request the 
RSAC to comment on the draft report when available.
    (Regulatory development.) The Standards Task Force, formed to 
develop PTC standards assisted in developing draft recommendations for 
performance-based standards for processor-based signal and train 
control systems. The NPRM was approved by consensus at the full RSAC 
meeting held on September 14, 2000. The NPRM was published in the 
Federal Register on August 10, 2001. A meeting of the Working Group was 
held December 4-6, 2001, in San Antonio, Texas to formulate 
recommendations for resolution of issues raised in the public comments. 
Agreement was reached on most issues raised in the comments. A meeting 
was held May 14-15, 2002, in Colorado Springs, Colorado at which the 
working group approved creation of teams to further explore issues 
related to the ``base case'' issue. Briefing of the full RSAC on the 
``base case'' issue was completed on May 29, 2002, and consultations 
continue within the working group. The full Working Group met October 
22-23, 2002, and again March 4-6, 2003. The Risk2 Team is meeting to 
develop a resolution to the base case issue; and the Accident Review 
Team is meeting to update the review of preventable accidents. The next 
full Working Group meeting is July 8-9, 2003.
    (Other program development activities.) Task forces on Human 
Factors and the Axiomatic Safety-Critical Assessment Process (risk 
assessment) continue to work toward development of a risk assessment 
toolkit, and the Working Group continues to meet to monitor the 
implementation of PTC and related projects. Contact: Grady Cothen (202) 
493-6302.
    Task 97-7--(Completed) Determining damages qualifying an event as a 
reportable train accident. This Task was accepted on September 30, 
1997, and a group was formed to address this task. A statistical 
analysis, using the survey data about damages to railroad equipment, 
was done to see if the method could be used to calculate property 
damages. After reviewing the options, the Working Group agreed to 
terminate action on this task. The Working Group reviewed a draft 
close-out report which was approved by the full RSAC on February 13, 
2002, terminating this task.
    Task 00-1--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). The working group held its first meeting on October 16-18, 
2000, and six meetings have been held since then. The Working Group has 
reached tentative consensus on several issues. FRA is preparing 
documents and planning a meeting in an effort to assist in moving 
toward resolution of several remaining issues. Contact: Doug Taylor 
(202) 493-6255.
    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). The Final Rule was published March 3, 2003 (68 FR 10108), and 
will become effective May 1, 2003.
    Task 03-01--(Proposed) Amendments to the Passenger Equipment Safety 
Standards (49 CFR part 238) and the Passenger Train Emergency 
Preparedness (49 CFR part 239). FRA announces its intent that any 
further amendments to the Passenger Equipment Safety Standards (49 CFR 
part 238) and the Passenger Train Emergency Preparedness (49 CFR part 
239) regulations be made under the auspices of the RSAC. Both rules 
arose from rulemakings FRA initiated pursuant to the Federal Railroad 
Safety Authorization Act of 1994 (the Act). See Pub. L. 103-440, 108 
Stat. 4619, 4623-4624, November 2, 1994). The Act mandated the 
establishment of minimum standards for the safety of cars used by 
railroad carriers to transport passengers, taking into account the (i) 
crashworthiness of the cars, (ii) safety of interior features, (iii) 
maintenance and inspection of the cars, (iv) emergency response 
procedures and equipment, (v) and any operating rules and conditions 
directly affecting safety not otherwise governed by regulations. See 49 
U.S.C. 20133. Pursuant to the Act, FRA published the Passenger Train 
Emergency Preparedness final rule on May 4, 1998. See 63 FR 24630. 
Thereafter, FRA published the Passenger Equipment Safety Standards 
final rule on May 12, 1999 (see 64 FR 25540), and subsequently amended 
the regulation three times in response to petitions for reconsideration 
(see 65 FR 41284, July 3, 2000; 67 FR 19970, April 23, 2002; and 67 FR 
42892; June 25, 2002).
    With publication of these regulations, FRA believes it has complied 
with the statutory mandate to establish minimum standards for the 
safety of cars used by railroad carriers to transport passengers. These 
regulations constitute a comprehensive set of standards that address 
both the safety concerns expressly identified in the statute and others 
affecting passenger and employee safety. FRA recognizes that these 
regulations can be refined and improved, especially to take advantage 
of advancing technologies. FRA intends that further amendments to the 
Passenger Equipment Safety Standards and the Passenger Train Emergency 
Preparedness regulations be made under the auspices of RSAC. Both 
regulations benefitted from consultations with working groups specially 
authorized by the Act to assist FRA in their development. FRA desires 
that that consultative process continue through RSAC to assist FRA in 
making any necessary amendments to the regulations. FRA will request 
the establishment of a new Passenger Safety Working Group to assist in 
providing overall direction for this effort. Contact: Grady Cothen 
(202) 493-6302.
    Please refer to the notice published in the Federal Register on 
March 11, 1996 (61 FR 9740), for more information about the RSAC.

    Issued in Washington, DC on May 5, 2003.
George A. Gavalla,
Associate Administrator for Safety.
[FR Doc. 03-11777 Filed 5-12-03; 8:45 am]
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