[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76070-76077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30620]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 65]


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

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

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

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

FOR FURTHER INFORMATION CONTACT: Larry Woolverton, RSAC Designated 
Federal Officer/Administrative Officer, FRA, 1200 New Jersey Avenue, 
SE., Mailstop 25, Washington, DC 20590, (202) 493-6212; or Robert 
Lauby, Deputy Associate Administrator for Regulatory and Legislative 
Operations, FRA, 1200 New Jersey Avenue, SE., Mailstop 25, Washington, 
DC 20590, (202) 493-6474.

[[Page 76071]]


SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last 
announcement of working group activities and status reports of August 
20, 2010 (75 FR 51525). The 42nd full RSAC meeting was held September 
23, 2010, and the 43rd meeting is scheduled for December 14, 2010, at 
the National Association of Home Builders, National Housing Center, 
located at 1201 15th Street, NW., Washington, DC 20005.
    Since its first meeting in April of 1996, the RSAC has accepted 34 
tasks. Status for each of the open tasks (neither completed nor 
terminated) is provided below:

Open Tasks

    Task 96-4--Tourist and Historic Railroads. Reviewing the 
appropriateness of the agency's current policy regarding the 
applicability of existing and proposed regulations to tourist, 
excursion, scenic, and historic railroads. This task was accepted on 
April 2, 1996, and a Working Group was established. The Working Group 
monitored the steam locomotive regulation task. Planned future 
activities involve the review of other regulations for possible 
adaptation to the safety needs of tourist and historic railroads. 
Contact: Robert Lauby, (202) 493-6474.
    Task 03-01--Passenger Safety. This task includes updating and 
enhancing the regulations pertaining to passenger safety, based on 
research and experience. This task was accepted on May 20, 2003, and a 
Working Group was established. Prior to embarking on substantive 
discussions of a specific task, the Working Group set forth in writing 
a specific description of the task. The Working Group reports planned 
activity to the full RSAC at each scheduled full RSAC meeting, 
including milestones for completion of projects and progress toward 
completion. At the first meeting held on September 9-10, 2003, a 
consolidated list of issues was completed. At the second meeting, held 
on November 6-7, 2003, four task groups were established: Emergency 
Preparedness, Mechanical, Crashworthiness, and Track/Vehicle 
Interaction. The task forces met and reported on activities for Working 
Group consideration at the third meeting, held on May 11-12, 2004, and 
a fourth meeting was held October 26-27, 2004. The Working Group met on 
March 21-22, 2006, and again on September 12-13, 2006, at which time 
the group agreed to establish a task force on General Passenger Safety. 
The full Passenger Safety Working Group met on April 17-18, 2007; 
December 11-12, 2007; November 13, 2008; and June 8, 2009. On August 5, 
2009, the Working Group was requested to establish an Engineering Task 
Force (ETF) 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 Working Group met on September 16, 
2010; currently there are no additional meetings scheduled. Contact: 
Charles Bielitz, (202) 493-6314.
    (Engineering Task Force) The Passenger Safety Working Group 
approved a request from FRA to establish an ETF under the Passenger 
Safety Working Group in August 2009. The mission of the ETF 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, as set forth in 
49 CFR 238.203. See 49 CFR part 211, Rules of Practice. The criteria 
and procedures could be incorporated into 49 CFR part 238 at a later 
date after a notice and an opportunity for public comment. The ETF was 
formed and a kickoff meeting was held on September 23-24, 2009. The 
group met again on November 3-4, 2009; January 7-8, 2010; and March 9-
10, 2010. A followup GoTo/Webinar meeting was held on July 12, 2010. 
The ETF developed a draft Criteria and Procedures Report that was 
approved by the Passenger Safety Working Group during the September 16, 
2010, meeting and by the RSAC Committee during the September 23, 2010, 
meeting. The document has been placed on the FRA Web site at the 
following address: http://www.fra.dot.gov/downloads/safety/RSAC_REPORT-%209-16-10.pdf.
    (Engineering Task Force II) To build on the success of the ETF in 
developing a set of alternative technical criteria and procedures for 
evaluating the crashworthiness and occupant protection performance of 
passenger rail equipment in service at conventional operating speeds, 
the FRA requested that the Passenger Safety Working Group re-task the 
group to concentrate on developing crashworthiness and occupant 
protection safety recommendations for high-speed passenger trains. The 
Passenger Safety Working Group accepted the task on July 28, 2010, by 
electronic vote. Under the new task, the task force may address any 
safety features of the equipment, including, but not limited to, 
crashworthiness, interior occupant protection, glazing, emergency 
egress, and fire safety features. Any type of equipment may be 
addressed, including conventional locomotives, high-speed power cars, 
cab cars, multiple-unit (MU) locomotives, and coach cars. The equipment 
addressed may be used in any type of passenger service, from 
conventional-speed to high-speed. Recommendations may take the form of 
criteria and procedures, revisions to existing regulations, or adoption 
of new regulations, including rules of particular applicability. The 
work of the re-tasked ETF is intended to assist FRA in developing 
appropriate safety standards for the high-speed rail projects planned 
in California and Florida. The ETF II held a kickoff meeting on October 
21-22, 2010, to begin work on the new high-speed task and has a 
followup meeting scheduled for January 11-12, 2011. Contact: Robert 
Lauby, (202) 493-6474.
    (Emergency Preparedness Task Force) At the Working Group meeting on 
March 9-10, 2005, the Working Group received and approved the consensus 
report of the Emergency Preparedness Task Force related to emergency 
communication, emergency egress, and rescue access. These 
recommendations were presented to and approved by the full RSAC on May 
18, 2005. The Working Group met on September 7-8, 2005, and additional, 
supplementary recommendations were presented to and accepted by the 
full RSAC on October 11, 2005. The Notice of Proposed Rulemaking (NPRM) 
was published on August 24, 2006 (71 FR 50275), and was open for 
comment until October 23, 2006. The Working Group agreed upon 
recommendations for the final rule, including resolution of final 
comments received, during the April 17-18, 2007, meeting. The 
recommendations were presented to and approved by the full RSAC on June 
26, 2007. The Passenger Train Emergency Systems final rule, focusing on 
emergency communication, emergency egress, and rescue access, was 
published on February 1, 2008 (73 FR 6370). The task force met on 
October 17-18, 2007, and reached consensus on

[[Page 76072]]

the draft rule text for a followup NPRM on Passenger Train Emergency 
Systems, focusing on low location emergency exit path marking, 
emergency lighting, and emergence signage. The task force presented the 
draft rule text to the Passenger Safety Working Group on December 11-
12, 2007, and the consensus draft rule text was presented to and 
approved by full RSAC vote during the February 20, 2008, meeting. 
During the May 13-14, 2008, meeting, the task force recommended 
clarifying the applicability of 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 followup NPRM raised by members. The modified rule text 
was presented to and approved by the Passenger Safety Working Group on 
June 8, 2009. The Working Group requested that FRA draft the rule text 
requiring daily inspection of removable panels or windows in vestibule 
doors and entrust the Emergency Preparedness Task Force with reviewing 
the text. FRA sent the draft text to the task force for review and 
comment on August 4, 2009. The draft rule text was approved by the 
Passenger Safety Working Group by mail ballot on December 23, 2009. The 
target timeframe for the NPRM publication is January 2011 due to 
competing Rail Safety Improvement Act of 2008 (RSIA) priorities. 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 RSAC on January 26, 2005. At the Working Group meeting of 
September 7-8, 2005, the task force presented additional perfecting 
amendments and the full RSAC approved them on October 11, 2005. An NPRM 
was published in the Federal Register on December 8, 2005 (70 FR 
73070). Public comments were due by February 17, 2006. The final rule 
was published in the Federal Register on October 19, 2006 (71 FR 
61835), effective December 18, 2006.
    (Crashworthiness Task Force--Completed) Among its efforts, the 
Crashworthiness Task Force provided consensus recommendations on 
static-end strength that were adopted by the Working Group on September 
7-8, 2005. The full RSAC accepted the recommendations on October 11, 
2005. The NPRM regarding front-end strength of cab cars and MU 
locomotives 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. 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 was published on 
January 8, 2010 (75 FR 1180). Contact: Gary Fairbanks, (202) 493-6322.
    (Vehicle/Track Interaction Task Force) The task force is developing 
proposed revisions to 49 CFR parts 213 and 238, principally regarding 
high-speed passenger service. The task force met on October 9-11, 2007, 
and again on November 19-20, 2007, in Washington, DC, and presented the 
final task force report and final recommendations and proposed rule 
text for approval by the Passenger Safety Working Group at the December 
11-12, 2007, meeting. The final report and the proposed rule text were 
approved by the Working Group and were presented to and approved by 
full RSAC vote during the February 20, 2008, meeting. The group met on 
February 27-28, 2008, and by teleconference on March 18, 2010, to 
address unresolved issues, and the NPRM was published on May 10, 2010 
(75 FR 25928). The task force was called back into session on August 5-
6, 2010, to review and consider NPRM comments, and the target date set 
for the Final Rule is April 2011. Contact: John Mardente, (202) 493-
1335.
    (General Passenger Safety Task Force) At the Passenger Safety 
Working Group meeting on April 17-18, 2007, the task force presented a 
progress report to the Working Group. The task force met on July 18-19, 
2007, and afterwards it reported proposed reporting cause codes for 
injuries involving the platform gap, which were approved by the Working 
Group by mail ballot in September 2007. The full RSAC approved the 
recommendations for changes to 49 CFR Part 225 accident/incident cause 
codes on October 25, 2007. The General Passenger Safety task force 
presented draft guidance material for management of the gap that was 
considered and approved by the Working Group during the December 11-12, 
2007, meeting, and was presented to and approved by full RSAC vote 
during the February 20, 2008, meeting. The group met on April 23-24, 
2008, December 3-4, 2008, and on April 21-23, 2009, October 7-8, 2009, 
and July 30, 2010, by GoTo/Webinar teleconference. 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 and has five items that have been remanded to the task 
force for vote that are addressed in the area of passenger train door 
mechanical and operational requirements. The group presented draft 
regulatory language to the Passenger Safety Working Group at the 
September 16, 2010, meeting. More work remains to ensure the 49 CFR 
Part 238 door rule consensus document and the proposed American Public 
Transit Association (APTA) door standard (APTA SS-M-18-10) use uniform 
language. The Passenger Safety Working Group conditionally agreed to 
vote electronically on the proposal providing the new language and the 
APTA door standard (APTA SS-M-18-10) are uniform. No additional Door 
Safety Task Group meetings are currently scheduled.
    The System Safety Task Group has produced draft regulatory language 
for a System Safety Rule, but further work on this rulemaking is 
delayed until a study required by the RSIA to determine whether 
additional protections are necessary to protect System Safety Program 
Plan risk analysis data is complete. The RSIA deadline for the System 
Safety Rule is October 2012. No additional System Safety Task Group 
meetings are currently scheduled. Contact: Dan Knote, (631) 567-1596.
    Task 05-01--Review of Roadway Worker Protection Issues. This task 
was accepted on January 26, 2005, to review 49 CFR part 214, Subpart 
C--Roadway Worker Protection (RWP), and related sections of Subpart A; 
to recommend consideration of specific actions to advance the on-track 
safety of railroad employees and contractors engaged in maintenance-of-
way activities throughout the general system of railroad 
transportation, including clarification of existing requirements. A 
Working Group was established, and reported to the RSAC any specific 
actions identified as appropriate. The first meeting of the Working 
Group was held on April 12-14, 2005. Over the

[[Page 76073]]

course of 2 years, the group drafted and reached consensus on 
regulatory language for various revisions, clarifications, and 
additions to 32 separate items in 19 sections of the rule. However, two 
parties raised technical concerns regarding one of those items, namely, 
the draft language concerning electronic display of track authorities. 
The Working Group presented and received approval on all of its 
consensus recommendations for draft rule text to the full RSAC at the 
June 26, 2007, meeting. FRA will address the electronic display of 
track authorities issue along with eight additional items that the 
Working Group was unable to reach consensus on, through the traditional 
NPRM process. In early 2008, the external Working Group members were 
solicited to review the consensus rule text for errata review. In order 
to address the heightened concerns raised with the current regulations 
for adjacent-track, on-track safety, FRA decided to issue, on an 
accelerated basis, a separate NPRM that would focus on this element of 
the RWP rule alone. An NPRM with an abbreviated comment period 
regarding adjacent-track, on-track safety was published on July 17, 
2008, but was later withdrawn on August 13, 2008, to permit further 
consideration of the RSAC consensus language. A second NPRM concerning 
adjacent-controlled-track, on-track safety was published on November 
25, 2009, and comments were due to the docket by January 25, 2010. 
Comments have been reviewed and considered by FRA, and the target 
publication date for the final rule is April 2011. Due to the ongoing 
work of this separate rulemaking, the remaining larger NPRM relating to 
the various revisions, clarifications, and additions to 31 separate 
items in 19 sections of the rule, and FRA's recommendations for 9 
nonconsensus items is now planned for June 2011. Contact: Christopher 
Schulte, (610) 521-8201.
    Task 05-02--Reduce Human Factor-Caused Train Accident/Incidents. 
This task was accepted on May 18, 2005, to reduce the number of human 
factor-caused train accidents/incidents and related employee injuries. 
The Railroad Operating Rules Working Group was formed, and the Working 
Group extensively reviewed the issues presented. The final Working 
Group meeting devoted to developing a proposed rule was held February 
8-9, 2006. The Working Group was not able to deliver a consensus 
regulatory proposal, but it did recommend that it be used to review 
comments on FRA's NPRM, which was published in the Federal Register on 
October 12, 2006 (71 FR 60372), with public comments due by December 
11, 2006. Two reviews were held, one on February 8-9, 2007, and one on 
April 4-5, 2007. Consensus was reached on four items and those items 
were presented to and accepted by the full RSAC at the June 26, 2007, 
meeting. A final rule was published in the Federal Register on February 
13, 2008 (73 FR 8442), with an effective date of April 14, 2008. FRA 
received four petitions for reconsideration of that final rule. The 
final rule that responded to the petitions for consideration was 
published in the Federal Register on June 16, 2008, and concluded the 
rulemaking. Working Group meetings were held on September 27-28, 2007; 
January 17-18, 2008; May 21-22, 2008; and September 25-26, 2008. The 
Working Group has considered issues related to issuance of Emergency 
Order No. 26 (prohibition on use of certain electronic devices while on 
duty), and ``after arrival mandatory directives,'' among other issues. 
The Working Group continues to work on after arrival orders, and at the 
September 25-26, 2008, meeting voted to create a Highway-Rail Grade 
Crossing Task Force to review highway-rail grade crossing accident 
reports regarding incidents of grade crossing warning systems providing 
``short or no warning'' resulting from or contributed to ``by train 
operational issues'' with the intent to recommend new accident/incident 
reporting codes that would better explain such events, and which may 
provide information for remedial action going forward. A followup task 
is to review and provide recommendations regarding supplementary 
reporting of train operations-related, no-warning or short-warning 
incidents that are not technically warning system activation failures 
but that result in an accident/incident or a near miss. The task force 
has been formed and will begin work after other RSIA priorities are 
met. Contact: Douglas Taylor, (202) 493-6255.
    Task 06-01--Locomotive Safety Standards. This task was accepted on 
February 22, 2006, to review 49 CFR Part 229, Railroad Locomotive 
Safety Standards, and revise it 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 on August 8-9, 2006; September 25-26, 2006; October 30-31, 
2006; and the Working Group presented recommendations regarding 
revisions to requirements for locomotive sanders to the full RSAC on 
September 21, 2006. The NPRM regarding sanders was published in the 
Federal Register on March 6, 2007 (72 FR 9904). Comments received were 
discussed by the Working Group for clarification, and FRA published a 
final rule on October 19, 2007 (72 FR 59216). The Working Group met on 
January 9-10, 2007; November 27-28, 2007; February 5-6, 2008; May 20-
21, 2008; August 5-6, 2008; October 22-23, 2008; January 6-7, 2009; and 
April 15-16, 2009. The Working Group has now completed the review of 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 standards, 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 49 CFR Part 229 rule text revision covering these items to the 
RSAC for consideration at the September 10, 2009, meeting, and received 
approval. FRA has proceeded with drafting an NPRM with a target 
publication date of December 2010. The Working Group may be called back 
to address comments received on the NPRM after publication. Contact: 
George Scerbo, (202) 493-6249.
    Task 06-03--Medical Standards for Safety-Critical Personnel. This 
task was accepted on September 21, 2006, to enhance the safety of 
persons in the railroad operating environment and the public by 
establishing standards and procedures for determining the medical 
fitness for duty of personnel engaged in safety-critical functions. A 
Working Group has been established and will report any planned activity 
at each scheduled full RSAC meeting, including milestones for 
completion of projects and progress toward completion. The first 
Working Group meeting was held December 12-13, 2006. The Working Group 
has held followup meetings on the following dates: February 20-21, 
2007; July 24-25, 2007; August 29-30, 2007; October 31-November 1, 
2007; December 4-5, 2007; February 13-14, 2008; March 26-27, 2008; 
April 22-23, 2008; and December 8-9, 2009. At the April 2008 meeting, 
FRA announced

[[Page 76074]]

that the agency would prepare an NPRM draft based on the discussions to 
date and schedule a further meeting for review of the document. The 
Working Group was reconvened December 8-9, 2009, and an updated draft 
NPRM was presented to the Working Group for review and comment. The 
Working Group has held followup meetings on February 16-17, 2010; March 
11-12, 2010; May 24-26, 2010; and August 31-September 1, 2010. The 
Working Group last met November 18-19, 2010, and is planning to 
schedule its next meeting on dates to be determined by Working Group 
members during the second quarter of FY 2011. No additional Medical 
Standards Working Group meetings are currently scheduled at this time. 
Once completed, the draft medical standards rule will be presented to 
the full RSAC for approval. Contact: Dr. Bernard Arseneau, (202) 493-
6002.
    (Critical Incident Task Force) The Medical Standards Working Group 
accepted RSAC Task 2009-02, Critical Incident Response, during the 
December 8-9, 2010, meeting. The Working Group has been tasked to 
provide advice regarding development of implementing regulations for 
critical incident stress plans, as required by the RSIA. On September 
10, 2009, the task was accepted to provide advice for development of a 
proposed rule that implements Section 410 of the RSIA requiring each 
covered railroad to implement an approved ``critical incident stress 
plan.'' During the Medical Standards Working Group meeting held May 24-
25, 2010, the Working Group established a Critical Incident Task Force. 
The task force will report its activities and progress to the Medical 
Standards Working Group and full RSAC during each Working Group and 
full RSAC meeting. FRA has solicited applications to assess the 
applicability of current knowledge about post traumatic interventions 
and to advance evidence-based recommendations for controlling the risks 
associated with traumatic exposure in the railroad setting. The Medical 
Standards Working Group plans to nominate the grantee for appointment 
to the Critical Incident Task Force during the next Working Group 
meeting. An initial meeting of the Critical Incident Task Force will be 
scheduled once the grant has been awarded. Contact: Dr. Bernard 
Arseneau, (202) 493-6002.
    (Physicians Task Force) A Physicians Task Force was established by 
the Working Group in May 2007. The task force is developing medical 
criteria and protocols for medical conditions. These medical criteria 
and protocols will be used to assess the medical fitness of safety-
critical employees to perform safety-critical service under a proposed 
medical standards rule. The medical criteria and protocols will be 
presented to the Medical Standards Working Group and FRA when complete. 
The Physicians Task Force has had meetings or conference calls on July 
24, 2007; August 20, 2007; October 15, 2007; October 31, 2007; June 23-
24, 2008; September 8-10, 2008; October 8, 2008; November 12-13, 2008; 
December 8-10, 2008; January 27-28, 2009; February 24-25, 2009; March 
11-12, 2009; March 31-April 1, 2009; April 15, 2009; April 22, 2009; 
May 13, 2009; May 20, 2009; June 17, 2009; January 21-22, 2010; March 
3, 2010; and August 16-17, 2010. The Physicians Task Force last met 
October 25-26, 2010, and plans to schedule a conference call during 
December 2010 and to schedule a followup meeting during the second 
quarter of FY 2011. Contact: Dr. Bernard Arseneau, (202) 493-6002.
    Task 07-01--Track Safety Standards. This task was accepted on 
February 22, 2007, to consider specific improvements to the Track 
Safety Standards or other responsive actions, supplementing work 
already underway on continuous welded rail (CWR), specifically to: 
Review controls applied to the re-use of rail in CWR ``plug rail''; 
review the issue of cracks emanating from bond wire attachments; 
consider improvements in the Track Safety Standards related to 
fastening of rail to concrete ties; and ensure a common understanding 
within the regulated community concerning requirements for internal 
rail flaw inspections. The tasks were assigned to the Track Safety 
Standards Working Group. The Working Group will report any planned 
activity to the full Committee at each scheduled full RSAC meeting, 
including milestones for completion of projects and progress toward 
completion. The first Working Group meeting was held on June 27-28, 
2007, and the group met again on August 15-16, 2007, and October 23-24, 
2007. Two task forces were created under the Working Group: Concrete 
Ties Task Force and Rail Integrity Task Force. The Concrete Ties Task 
Force met on November 26-27, 2007; February 13-14, 2008; April 16-17, 
2008; July 9-10, 2008; and September 17-18, 2008. The Concrete Ties 
Task Force finalized consensus language regarding concrete crossties 
(49 CFR Part 213) and presented a recommendation to the Track Standards 
Working Group at the November 20, 2008, Working Group meeting. The 
language was approved by both the Working Group and the December 10, 
2008, RSAC meeting and the task force was dissolved. The Concrete 
Crossties NPRM was published on August 26, 2010 (75 FR 52490). The 
Track Standards Working Group met on October 26-27, 2010, to discuss 
the outstanding issue of Plug rail. The Working Group reached consensus 
on regulatory language regarding the reuse of plug rail, and the 
consensus language will be presented to the RSAC Committee during the 
December 14, 2010, meeting for approval. RSAC Task 07-01 will be 
complete if approved by the Committee and no further Working Group 
meetings are currently scheduled. Contact: Carlo Patrick, (202) 493-
6399.
    Task 08-03--Track Safety Standards Rail Integrity. This task was 
accepted on September 10, 2008, to consider specific improvements to 
the Track Safety Standards or other responsive actions designed to 
enhance rail integrity. The Rail Integrity Task Force was created in 
October 2007 under Task 07-01 and first met on November 28-29, 2007. 
The task force met on February 12-13, 2008; April 15-16, 2008; July 8-
9, 2008; September 16-17, 2008; February 3-4, 2009; June 16-17, 2009; 
October 29-30, 2009; January 20-21, 2010; March 9-11, 2010; and April 
20, 2010. Consensus has been achieved on bond wires and a common 
understanding on internal rail flaw inspections has been reached. The 
task force has reached consensus to recommend to the Working Group that 
the item regarding ``the effect of rail head wear, surface conditions 
and other relevant factors on the acquisition and interpretation of 
internal rail flaw test results'' be closed. The task force does not 
recommend regulatory action concerning head wear. Surface conditions 
and their effect 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 effect of 
head wear and surface conditions on interpretation of internal rail 
flaw test results. Consensus text was developed on recommended changes 
that would approach a performance-based approach to flaw detection 
scheduling. However, the group did not reach consensus on what length 
of segment of track is practical to use on determining test cycles. 
Consensus text has been finalized for recommended changes to 49 CFR 
213.113 (Defective rails), 213.237 (Rail inspection), and 213.241 
(Inspection records). The task force has developed a new 49 CFR 
213.238, Qualified operator language, that defines the

[[Page 76075]]

minimum requirements for the training of a rail flaw detector car 
operator. The task force presented the consensus language to the Track 
Standards Working Group during the July 28-30, 2010, meeting and the 
Track Standards Working Group presented its consensus recommendations 
to the RSAC Committee for approval during the September 23, 2010, 
Committee meeting. By majority vote, the RSAC accepted the 
recommendations of the Track Standards Working Group and forwarded 
those recommendations to the FRA Administrator completing RSAC Task 08-
03. The associated NPRM is currently in development. 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 the development of 
implementing regulations for Positive Train Control (PTC) systems and 
their deployment under the RSIA. The task included a requirement to 
convene an initial meeting no later than January 2009, and to report 
recommendations back to RSAC no later than April 24, 2009. The PTC 
Working Group was created in December 2008 by Working Group member 
nominations from committee member organizations under Task 08-04, and 
the kickoff meeting was held on January 26-27, 2009. The group met 
again on February 11-13; 25-27; March 17-18, 2009; and March 31-April 
1, 2009. On April 2, 2009, the RSAC approved the request by the Working 
Group for agreement to vote on the draft rule text recommendations from 
the working group by mail ballot. On May 11, 2009, by majority vote via 
mail ballot, the RSAC accepted the recommendations of the PTC Working 
Group and forwarded those recommendations to the Administrator, with 
the understanding that there are other issues 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 Working Group was reconvened on August 31-September 
2, 2009, to discuss comments received on the NPRM, and the PTC Working 
Group presented consensus rule text items to the RSAC for approval at 
the September 10, 2009, meeting. The PTC consensus rule text was 
approved by majority RSAC vote by electronic ballot on September 24, 
2009, and the final rule was published on January 15, 2010 (75 FR 
2598). Final rule amendments were published on September 27, 2010 (75 
FR 59108). No additional meetings are scheduled.
    (PTC Implementation Plan Task Force) A task force was formed to 
assist FRA in developing a model template for a successful PTC 
Implementation Plan (PTCIP), and in development of an example 
associated Risk Prioritization Methodology. PTCIPs were required to be 
submitted by April 16, 2010, under the mandate of the RSIA. On January 
12, 2010, FRA posted to its public Web site a final version of a PTCIP 
template and an example risk prioritization methodology model for 
prioritization of line segment implementation. This was the same day 
the final rule was made available for public review. No further 
meetings of this task force are currently scheduled. Contact: Tom 
McFarlin, (202) 493-6203.
    (PTC Risk Evaluation Task Force) The creation of the PTC Risk 
Evaluation Task Force was approved by the PTC Working Group on April 1, 
2010, to develop a computer model to estimate the risk of PTC-
preventable accidents on a line segment basis. The group was formed by 
nominations from members of the PTC Working Group and the kickoff 
meeting was held via GoTo/Webinar on June 17, 2010. A followup meeting 
was held on August 3, 2010, and an additional followup GoTo/Webinar 
meeting was held on September 7, 2010. No additional meetings are 
scheduled at this time. Contact: Mark Hartong, (202) 493-1332.
    Task No. 08-07--Conductor Certification. This task was accepted on 
December 10, 2008, to develop regulations for certification of railroad 
conductors, as required by the RSIA, and to consider any appropriate 
related amendments to existing regulations and report recommendations 
for proposed or interim final rule (as determined by FRA in 
consultation with the Office of the Secretary of Transportation and the 
Office of Management and Budget) by October 16, 2009. The Conductor 
Certification Working Group was officially formed by nominations from 
member organizations in April 2009, and the first meeting was held on 
July 21-23, 2009. Additional meetings were held on August 25-27, 2009; 
September 15-17, 2009; October 20-22, 2009; November 17-19, 2009; and 
December 16-18, 2009. Tentative consensus was reached on the vast 
majority of the regulatory text. The Working Group approved the draft 
rule text by electronic ballot and the consensus draft language was 
approved by the RSAC on March 18, 2010, by unanimous vote as the 
recommendation from the Committee to the FRA Administrator. The 
resulting NPRM was published in the Federal Register on November 10, 
2010 (75 FR 69166). The Working Group may be called back to meet and 
review any comments received on the NPRM. After the final rule is 
published, the Working Group will reconvene to make conforming 
amendments to the locomotive engineer certification regulation as 
appropriate. 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 hour of service using available tools for 
evaluating the impact of various crew schedules and determine the 
effect of alternative approaches on the availability of employees to 
support passenger service. The group is charged to report whether 
existing hours of service restrictions are effective in preventing 
fatigue among subject employees, whether an alternative approach to 
hours of service for the subject employees would enhance safety and 
whether alternative restrictions on hours of service could be coupled 
with other fatigue countermeasures to promote the fitness of employees 
for safety-critical duties. The Passenger Hours of Service Working 
Group was officially formed through the formal Committee member 
nomination process in May 2009, and the first meeting was held on June 
24, 2009. Followup Working Group meetings were held on February 2-3, 
2010; March 4-5, 2010; April 6, 2010; May 20, 2010; and June 29, 2010. 
Consensus has been reached on a majority of the issues and the draft 
rule text has been matured. The Working Group plans to bring the draft 
to electronic vote during the month of August 2010 and, if passed, will 
present its recommendations to the RSAC on September 23, 2010. A 
Passenger Hours of Service Task Force was formed to review collected 
data and provide recommendations to the Working Group. The task force 
met on January 14-15, 2010; March 30-31, 2010; and June 16, 2010. The 
Working Group approved the draft rule text by electronic ballot on 
September 22, 2010, and the consensus draft language was approved by 
the RSAC on October 15,

[[Page 76076]]

2010, by unanimous electronic vote as the recommendation from the 
Committee to the FRA Administrator. Work to finalize the NPRM for 
publication is underway with a target publication date of April 2011. 
The Working Group will meet on December 9, 2010, to discuss the 
approved consensus language and the NPRM preamble. Contact: Mark 
McKeon, (202) 493-6350.
    Task No. 10-01--Minimum Training Standards and Plans. This task was 
accepted on March 18, 2010, to establish minimum training standards for 
each class and craft of safety-related railroad employee and their 
railroad contractor and subcontractor equivalents, as required by RSIA. 
The group has been tasked to assist FRA in developing regulations 
responsive to the legislative mandate, while ensuring generally 
accepted principles of adult learning are employed in training and 
development, and delivery; determine a reasonable method for submission 
and FRA review of training plans which takes human resource limitations 
into account; establish reasonable oversight criteria to ensure 
training plans are effective, using the operational tests and 
inspections requirements of 49 CFR part 217 as a model. The Training 
Standards Working Group was officially formed through the formal 
Committee member nomination process in March 2010, and the first 
meeting was held on April 13-14, 2010. A followup Working Group meeting 
was held on June 2-3, 2010, and additional followup meetings are 
scheduled for August 17-18 and September 21-22, 2010. A Task Analysis 
Task Force was formed under the Working Group to develop a task 
analysis template, and met in Florence, KY, on June 22-23, 2010, with 
CSX Transportation hosting the event. The group developed a 21-page 
task analysis document for an outbound train yard carman position, 
which is complete regarding FRA railroad safety laws, regulations, and 
orders. The Working Group met on August 17-18 and October 19-20, 2010, 
and by GoTo/Webinar on November 15-16, 2010. The Working Group has 
reached consensus and the resulting training standards draft regulatory 
language will be presented to the RSAC Committee for approval on 
December 14, 2010. No additional Working Group meetings are scheduled 
at this time. Contact: Michael Logue, (202) 493-6301.
    Task No. 10-02--Safety Technology in Dark Territory. This task was 
accepted on September 23, 2010, to provide advice regarding development 
of standards, guidance, regulations, or orders governing the 
development, use, and implementation of rail safety technology in dark 
territory, as required by Section 406 of the RSIA. Specifically, to 
assist FRA in developing regulations responsive to the legislative 
mandate and to report recommendations to the FRA Administrator for a 
proposed or interim final rule (as determined by FRA in consultation 
with the Office of the Secretary of Transportation and the Office of 
Management and Budget) by September 30, 2011. RSAC member organizations 
have submitted expressions of interest in participating in the Dark 
Territory Working Group and formation of the group and timelines for 
the task are on the RSAC meeting agenda for the December 14, 2010 
Committee meeting. Contact: Olga Cataldi, (202) 493-6321.

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 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 (Reporting Guide).
    Task 08-01--(Completed) Report on the Nation's Railroad Bridges. 
Report to FRA on the current state of railroad bridge safety 
management; update the findings and conclusions of the 1993 Summary 
Report of the FRA Railroad Bridge Safety Survey.
    Task No. 08-06--(Completed) Hours of Service 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).
    Task No. 08-05--(Completed) Railroad Bridge Safety Assurance. 
Develop a rule encompassing the requirements of Section 417 of the RSIA 
(Railroad Bridge Safety Assurance) regarding bridge failure. Final rule 
published on July 15, 2010 (75 FR 41282).
    Task 06-02--(Completed) Track Safety Standards and CWR. Issue 
requirements for inspection of joint bars in CWR to detect cracks that 
could affect the integrity of the track structure published a final 
rule on August 25, 2009, with correcting amendment published on October 
21, 2009.
    Please refer to the notice published in the Federal Register on 
March 11, 1996, (61 FR 9740) for more information about the RSAC.


[[Page 76077]]


    Issued in Washington, DC, on December 2, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-30620 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-06-P