[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41181-41186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19560]


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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.

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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 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