[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Notices]
[Pages 4904-4909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1788]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Notice No. 59; Docket No. FRA-2000-7257]


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 August 
14, 2009 (74 FR 41181). The 40th full RSAC Committee meeting was held 
September 10, 2009, and the 41st meeting is scheduled for February 11, 
2010, at the Marriott Washington Wardman Park Hotel located at 2660 
Woodley Road, 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 03-01--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 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/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 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 next meeting of the Working Group is scheduled 
for the February-March 2010 timeframe. Contact: Charles Bielitz, (202) 
493-6314.
    (Engineering Task Force) The Passenger Safety Working Group 
approved a request from the FRA to establish an Engineering Task Force 
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 Section 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 set forth in 49 
CFR Section 238.203. See, generally, 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. 
The Engineering Task Force was formed and a kickoff meeting was held on 
September 23-24, 2009. The group met again on November 3-4, 2009, and 
January 7-8, 2010. A follow-on meeting is scheduled for March 9-10, 
2010.
    (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

[[Page 4905]]

Train Emergency Systems final rule, focusing on emergency 
communication, emergency egress, and rescue access, was published on 
February 1, 2008 (73 FR 6370). The Task Force met on October 17-18, 
2007, and reached consensus on draft rule text for a followup NPRM on 
passenger train emergency systems, focusing on low location emergency 
exit path marking, emergency lighting, and emergence signage. The Task 
Force presented the draft rule text to the Passenger Safety Working 
Group on December 11-12, 2007, and the consensus draft rule text was 
presented to and approved by full RSAC vote during the February 20, 
2008, meeting. During the May 13-14, 2008 meeting, the Task Force 
recommended clarifying the applicability of backup emergency 
communication system requirements in the February 1, 2008, final rule, 
and FRA announced its intention to exercise limited enforcement 
discretion for a new provision amending instruction requirements for 
emergency window exit removal. The Working Group ratified these 
recommendations on June 19, 2008. The Task Force met again on March 31, 
2009, to clarify issues, raised by members, related to the followup 
NPRM. 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. 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 49 CFR 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 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, which 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, 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 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 March 2010. No additional Task Force 
meetings are currently scheduled, but the Task Force may be called back 
to review NPRM comments. 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 Section 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 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 the next 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; 
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. 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 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

[[Page 4906]]

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 was 
published on November 25, 2009, and comments are due to the docket by 
January 25, 2010. The remaining larger NPRM for the for 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 early 2010. 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 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 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, 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 no-warning 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 2010 after other Rail 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; and 
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 group has now completed the 
review of 49 CFR 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 
the Committee for consideration at the September 10, 2009, meeting and 
received approval. FRA has proceeded with drafting an NPRM, with a 
target publication date of March 2010. The Working Group may be called 
back to address comments received on the NPRM after publication. 
Contact: George Scerbo, (202) 493-6249.
    Task 06-02--Track Safety Standards and Continuous Welded Rail 
(CWR). (Completed) Section 9005 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-
59), the 2005 Surface Transportation Authorization Act, requires FRA to 
issue requirements for 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 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

[[Page 4907]]

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 CFR Section 213.119 regulations to 
the full RSAC Committee on February 20, 2008, and the recommendations 
were accepted. FRA published an NPRM on December 1, 2008, and published 
a final rule on August 25, 2009. A correcting amendment was published 
in the Federal Register on October 21, 2009, that addresses compliance 
dates for commuter railroads, intercity passenger railroads, and other 
additional railroads with CWR. The amendment establishes compliance 
dates of November 23, 2009, for commuter railroads and intercity 
passenger railroads; and February 22, 2010, for Class III railroads and 
any other additional railroads with CWR. 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 
and 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. At the December 2009 meeting, the draft NPRM 
was presented to the Group. The draft NPRM is currently in FRA 
coordination and the language is being revised based on comments. At 
the December 2009 meeting, the Group was also presented RSAC Task 2009-
02, Critical Incident Response. The task is to provide advice regarding 
development of implementing regulations for Critical Incident Stress 
Plans as required by the RSIA. When the draft NPRM is accepted by the 
Medical Standards Working Group, the two parts of the rulemaking will 
be presented to the full RSAC for approval. The Medical Standards 
Working Group is scheduled to meet next on February 16-17, 2010, with a 
follow-on meeting scheduled for March 11-12, 2010.
    (Physicians Task Force) A Physicians Task Force, established by the 
Working Group in May 2007, is proceeding to develop accompanying 
medical guidelines that 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. 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; June 17, 2009. The Task Force is currently scheduled to meet next 
on January 21-22, 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 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 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 March 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; and January 20-21, 2010. Consensus has been achieved on 
bond wires, and a common understanding on internal rail 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. No additional Rail Integrity Task Force meetings are 
scheduled at this time. Contact: Carlo Patrick, (202) 493-6399.
    Task No. 08-04--Positive Train Control (PTC). (Completed) This task 
was accepted on December 10, 2008, to provide advice regarding 
development of implementing regulations for PTC systems and their 
deployment under the 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-

[[Page 4908]]

04, and the kickoff meeting was held on January 26-27, 2009. The group 
met again on February 11-13 and 25-27, March 17-18, 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 PTC 
Working Group and forwarded those recommendations to the FRA 
Administrator, with the understanding that there are other issues for 
which 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 TC 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.
    (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 risk 
prioritization methodology. PTCIPs are required to be submitted by 
April 16, 2010, under the mandate of the 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 public FRA Web site on January 12, 2010, the same day as the final 
rule was made available for public review. Contact: Tom McFarlin, (202) 
493-6203.
    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 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 NPRM was 
published on August 17, 2009, with a comment period open until October 
1, 2009. The Working Group was reconvened on December 15, 2009, to 
address NPRM comments. The final rule is currently in coordination, 
with a target publication date of March 2010. Contact: Gordon Davids, 
(202) 493-6320.
    Task No. 08-0--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 an 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 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. An electronic ballot is being 
circulated for formal Working Group consensus and a recommendation is 
anticipated to the full RSAC at the February 11, 2010, meeting. 
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 
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. A Passenger Hours of Service Task Force was formed to review 
collected data, and met on January 14-15, 2009. A follow-on Working 
Group meeting is currently scheduled for February 2-3, 2009. 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).
    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 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

[[Page 4909]]

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).
    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.
    Task 08-01--(Completed) Report on the Nation's Railroad Bridges. 
Report to the Federal Railroad 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. 08-06--(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 January 25, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 2010-1788 Filed 1-28-10; 8:45 am]
BILLING CODE 4910-06-P