[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Notices]
[Pages 61418-61420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21280]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 38]


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

AGENCY: The Federal Railroad Administration (FRA), U.S. Department of 
Transportation.

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 its current status.

FOR FURTHER INFORMATION CONTACT: Larry Woolverton, RSAC Coordinator, 
at: FRA; 1120 Vermont Avenue, NW., Mailstop 25; Washington, DC 20590; 
telephone (202) 493-6212, or Grady C. Cothen, Jr., FRA Deputy Associate 
Administrator for Safety, at: FRA; 1120 Vermont Avenue, NW., Mailstop 
25; Washington, DC 20590; telephone (202) 493-6302.

SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last 
announcement of working group activities and status reports as of 
September 25, 2006 (71 FR 55823). The 32nd full Committee meeting was 
held June 26, 2007.
    Since its first meeting in April 1996, the RSAC has accepted 24 
tasks. The status for each of the tasks is provided below:

Open Tasks

    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 regulation task. Planned 
future activities involve the review of other regulations for possible 
adaptation to the safety needs of tourist and historic railroads.

    Contact: Grady Cothen, (202) 493-6302.
    Task 03-01: Passenger Safety. This task was accepted on May 20, 
2003, and a working group was established. Before embarking on 
substantive discussions about a specific task, the working group wrote 
a specific description of the task. The working group reports planned 
activity to the full Committee at each scheduled, full RSAC meeting, 
including milestones for the completion of projects and progress toward 
completion. At the first meeting held September 9-10, 2003, a 
consolidated list of issues were completed. At the second meeting held 
November 6-7, 2003, four task groups were established: Emergency 
preparedness, mechanical-general issues, mechanical-safety appliances, 
and track/vehicle interaction. The task groups met and reported on 
activities for working group consideration at the third meeting held 
May 11-12, 2004, and a fourth meeting was held October 26-27, 2004. The 
working group met 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 working group met on April 17-18, 2007, 
and the next meeting is scheduled for December 11-12, 2007.
    (Emergency Preparedness) 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 egress 
and rescue access. These recommendations were presented to and approved 
by the full Committee on May 18, 2005. The working group met September 
7-8, 2005, and additional, supplementary recommendations were presented 
to, and accepted by, the full RSAC on October 11, 2005. The Notice of 
Proposed Rulemaking (NPRM) was published on August 24, 2006, and was 
open for comments until October 23, 2006. The working group agreed upon 
recommendations for the resolution of final comments during the April 
17-18, 2007, meeting. The recommendations were presented to, and 
approved by, the full RSAC Committee on June 26, 2007, and FRA is 
currently preparing the final rule. The next working group meeting is 
scheduled for October 17-18, 2007.

    Contact: Brenda Moscoso, (202) 493-6282.

    (General Mechanical) (Completed) Initial recommendations on 
mechanical issues (revisions to Title 49 Code of Federal Regulations 
(CFR) Part 238) were approved by the full Committee on January 26, 
2005. At the working group meeting of September 7-8, 2005, the

[[Page 61419]]

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.
    (General Passenger Safety) At the working group meeting April 17-
18, 2007, the task force presented a progress report to the working 
group. The task force met July 18-19, 2007, and afterwards it reported 
proposed reporting codes for injuries involving the platform gap, which 
were approved by the working group by mail ballot during September 
2007. The task force is preparing an outline for work on Emergency 
Order 20, which will be presented to the working group in December 
2007. Additionally, the task force continues work on door securement 
and second train passing. It has also drafted guidance material for 
management of the gap, which will be considered by the working group at 
the December 2007 meeting.
    Contact: Dan Knote, (631) 567-1596.

    (Passenger Equipment Crashworthiness) The Crashworthiness Task 
Force provided consensus recommendations on static end strength that 
were adopted by the working group 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.
    Several comments were entered into the docket. FRA is evaluating 
each of the comments received and plans to have the final rule text 
completed by May 2008. To validate the crashworthiness requirements of 
the rule, FRA has scheduled two full-scale, large deformation tests as 
prescribed in the NPRM, a corner post test in February 2008, a 
collision post test in March 2008, and a dynamic test in April 2008.
    Contact: Gary Fairbanks, (202) 493-6322.

    (Vehicle/Track Interaction) The task force is developing proposed 
revisions to Parts 213 and 238 principally regarding high-speed 
passenger service. The task force recently met October 9-11, 2007, in 
Washington, DC.
    Contact: John Mardente, (202) 493-1335.

    Task 05-01: Review of Roadway Worker Protection Issues. This task 
was accepted on January 26, 2005, to review 49 CFR Part 214 Subpart C, 
Roadway Worker Protection, and related sections of Subpart A; recommend 
consideration of specific actions to advance the on-track safety of 
railroad employees and contractors engaged in maintenance-of-way 
activities throughout the general system of railroad transportation, 
including clarification of existing requirements. A working group was 
established and reported to the RSAC any specific actions identified, 
as appropriate. The first meeting of the working group was held April 
12-14, 2005. The working group reported planned activity to the full 
Committee at each scheduled Committee meeting, including milestones for 
completion of projects and progress toward completion. The working 
group met June 22-24, 2005; August 8-11, 2005; September 20-22, 2005; 
November 8-9, 2005; January 10-11, 2006; February 1-2, 2006; March 15-
16, 2006; April 11-12, 2006; August 22-23, 2006; November 14-15, 2006; 
January 17-18, 2007; and February 27-28/March 1, 2007. The group has 
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. FRA, through the NPRM process, is to address 
this issue along with eight additional items on which the working group 
was unable to reach a consensus. A draft NPRM is currently under review 
by the Office of Safety staff and Legal Counsel and is expected to be 
published in early 2008.
    Contact: Christopher Schulte, (610) 521-8201.

    Task 05-02: Reduce Human Factor-Caused Train Accident/Incidents. 
This task was accepted on May 18, 2005, to reduce the number of human 
factor-caused train accidents/incidents and related employee injuries. 
A working group has been established. The working group reports planned 
activity to the full Committee at each scheduled, full RSAC meeting, 
including milestones for completion of projects and progress toward 
completion. The working group met July 12-13, 2005; August 31-September 
1, 2005; September 28-29, 2005; October 25-26, 2005; November 16-17, 
2005; and December 6-7, 2005. The final working group meeting devoted 
to developing a proposed rule was held February 8-9, 2006. The working 
group was unable 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 on 
February 8-9, 2007, and 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. The most recent working group 
meeting was held September 27-28, 2007.
    Contact: Douglas Taylor, (202) 493-6255.

    Task 06-01: Locomotive Safety Standards. This task was accepted on 
February 22, 2006, to review 49 CFR Part 229, Railroad Locomotive 
Safety Standards, and revise as appropriate. A working group was 
established with the mandate to report any planned activity to the full 
Committee at each scheduled, full RSAC meeting, to include milestones 
for completion of projects and progress toward completion. The first 
working group meeting was held May 8-10, 2006. Working group meetings 
were held August 8-9, 2006; September 25-26, 2006; October 30-31, 2006; 
January 9-10, 2007; and the working group presented recommendations 
regarding revisions to requirements for locomotive sanders to the full 
RSAC on September 21, 2006. The NPRM regarding sanders was published in 
the Federal Register on March 6, 2007 (72 FR 9904). Comments received 
were discussed by the working group for clarification and FRA published 
a final rule on October 19, 2007 (72 FR 59216). The working group is 
continuing the review of Part 229 with a view to proposing further 
revisions to update the standards. The next working group meeting is 
scheduled for November 27-28, 2007.
    Contact: George Scerbo, (202) 493-6249.

    Task 06-02: Track Safety Standards and Continuous Welded Rail. 
Section 9005 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Pub. L. No. 109-59, 
``SAFETEA-LU''), the 2005 Surface Transportation Authorization Act, 
requires FRA to issue requirements for the inspection of joint bars in 
continuous welded rail (CWR) to detect cracks that could affect the 
integrity of the track structure (49 U.S.C. 20142(e)). FRA published an 
Interim Final Rule (IFR) establishing new requirements for inspections 
on November 2, 2005 (70 FR 66288). On October 11, 2005, FRA

[[Page 61420]]

offered the RSAC a task to review comments on this IFR, but the 
conditions could not be established under which the Committee could 
have undertaken this with a view toward consensus. Comments on the IFR 
were received through December 19, 2005. FRA is reviewing 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 the reduction of derailments and consequent 
injuries and damage caused by defective conditions, including joint 
failures in track using CWR. A working group has been established. The 
working group will report any planned activity to the full Committee at 
each scheduled, full RSAC meeting, including milestones for completion 
of projects and progress toward completion. The first working group 
meeting was held April 3-4, 2006, at which time the working group 
reviewed comments on the IFR. The second working group meeting was held 
April 26-28, 2006. The working group also met May 24-25, 2006, and July 
19-20, 2006. The working group reported consensus recommendations for 
the final rule that were accepted by the full Committee by mail ballot 
on August 11, 2006. The final rule was published in the Federal 
Register on October 11, 2006 (71 FR 59677). The working group is 
continuing review of Section 213.119 with a view to proposing further 
revisions to update the standards. The working group met June 27-28, 
2007, and August 15-16, 2007, and the next meeting is scheduled for 
October 23-24, 2007.
    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 as well as 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. 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 December 
12-13, 2006. The working group met February 20-21, 2007; July 24-25, 
2007; and August 29-30, 2007. The next working group meetings are 
scheduled for October 31-November 1, 2007, and December 3-4, 2007. A 
task force of physicians was established in May 2007 to work on 
specific medical exam-related issues. The task force had meetings or 
conference calls on July 24, 2007; August 20, 2007; and October 15, 
2007, and will meet again on October 31, 2007.
    Contact: Alan Misiaszek, (202) 493-6002.

    Task 07-01: Track Safety Standards. This task was accepted on 
February 22, 2007, to consider specific improvements to the Track 
Safety Standards or other responsive actions, supplementing work 
already underway on CWR, specifically, review controls applied to the 
reuse of rail in CWR ``plug rail''; review the issue of cracks 
emanating from bond wire attachments; consider improvements in the 
Track Safety Standards related to fastening of rail-to-concrete ties; 
and 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 June 27-28, 2007, and the group met again August 15-
16, 2007. The next scheduled meeting is October 23-24, 2007.
    Contact: Ken Rusk, (202) 493-6236.

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 Positive Train 
Control functionalities, describing available technologies, evaluating 
costs and benefits of potential systems, and considering implementation 
opportunities and challenges, including demonstration and deployment.
    Task 97-6: (Completed) Revising various regulations to address the 
safety implications of processor-based signal and train control 
technologies, including communications-based operating systems.
    Task 97-7: (Completed) Determining damages qualifying an event as a 
reportable train accident.
    Task 00-1: (Completed--task withdrawn) Determining the need to 
amend regulations protecting persons who work on, under, or between 
rolling equipment and persons applying, removing, or inspecting rear 
end marking devices (Blue Signal Protection).
    Task 01-1: (Completed) Developing conformity of FRA's regulations 
for accident/incident reporting (49 CFR part 225) to revised 
regulations of the Occupational Safety and Health Administration, U.S. 
Department of Labor, and to make appropriate revisions to the FRA Guide 
for Preparing Accident/Incident Reports (Reporting Guide).
    Please refer to the notice published in the Federal Register on 
March 11, 1996, (61 FR 9740) for more information about the RSAC.

    Issued in Washington, DC on October 24, 2007.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
 [FR Doc. E7-21280 Filed 10-29-07; 8:45 am]
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