[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Pages 58608-58615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23305]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 71]


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

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

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

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SUMMARY: FRA is updating its announcement of the RSAC 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.

SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last 
announcement of working group activities and status reports of April 
23, 2012 (77 FR 24257). The 46th full RSAC meeting was held on April 
26, 2012, and the 47th meeting is scheduled for September 27, 2012, 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 1996, the RSAC has accepted 38 
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

[[Page 58609]]

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 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 Vehicle/Track 
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 on 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. Consensus Tier III recommendations of the 
ETF were developed and were approved at a meeting on October 6-7, 2011, 
by the Passenger Safety Working Group, and these recommendations were 
approved by the full RSAC Committee by electronic vote on March 2, 
2012. These recommendations address safety issues related to high-speed 
rail trainsets used in the United States. No additional meetings are 
currently 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 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, as set forth in 
49 CFR 238.203. See 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 ETF was formed and 
a kickoff meeting was held on September 23-24, 2009. The group held 
follow-on meetings 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. In order 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, 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 Nevada. The ETF II held a kickoff meeting on October 
21-22, 2010, to begin work on the new high-speed task, and had follow-
on meetings on January 11-12, February 14-15, March 30-31, June 16-17, 
October 6-7, 2011; and June 27-28, 2012. Consensus Tier III 
recommendations of the ETF were developed and were accepted by vote 
during the meeting on October 6-7, 2011. The ETF II formed three 
additional Task Groups to work in the areas of track worthiness and 
brakes.
    The Track Worthiness Task Group is tasked to identify potential 
safety issues related to operation of high-speed trainsets on 
conventional track and to make recommendations on how best to mitigate 
any consequences. The Task Group includes experts and key stakeholders 
such as international operators of high-speed equipment, car builders, 
wheel/rail interaction dynamics specialists, and other RSAC working 
group members involved in vehicle/track interaction.
    The Brakes Task Group is tasked to review braking system 
requirements and international braking system requirements versus 
existing U.S. requirements including inspection and maintenance and 
identify common features, determine basic parameters, and consider use 
of service proven braking systems. The Task Group will also consider 
performance-based provisions and requirements with consideration for 
operators to develop maintenance, inspection, and service plans, and 
make recommendations regarding brakes to the ETF II as related to Tier 
III.
    The Engineering Structure and Integrity Task Group is tasked to 
develop a document that outlines and describes procedures and processes 
necessary to demonstrate compliance with the requirements of applicable 
Federal regulations and American Public Transportation Association 
(APTA) standards for structural integrity and crashworthiness for 
railroad passenger train sets. The next ETF meeting is scheduled for 
September 2526, 2012. 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,

[[Page 58610]]

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 on 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 the draft rule text for a followup NPRM on Passenger Train 
Emergency Systems, focusing on low location emergency exit path 
marking, emergency lighting, and emergency 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 back-up 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, and the resultant NPRM was published January 3, 2012 
(77 FR 154). No additional task force meetings are currently scheduled. 
Contact: Brenda Moscoso, (202) 493-6282.
    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. The final rule will 
amend the Track Safety Standards and Passenger Equipment Safety 
Standards for high-speed train operations and train operations at high 
cant deficiencies to promote the safe interaction of rail vehicles with 
the track over which they operate. It will revise both the safety 
limits for these operations and the process to qualify them. It 
accounts for a range of vehicle types that are currently used and may 
likely be used on future high-speed or high cant deficiency rail 
operations, and would provide safety assurance for train operations in 
all classes of track. It is based on the results of simulation studies 
designed to identify track geometry irregularities associated with 
unsafe wheel forces and acceleration, thorough reviews of vehicle 
qualification and revenue service test data, and consideration of 
international practices. The draft final rule was sent to the task 
force for final consensus on November 11, 2011, and was approved by 
electronic vote on November 21, 2011. The draft final rule was then 
approved by electronic vote by the Passenger Safety Working Group on 
December 12, 2011, and by the full RSAC Committee by electronic vote on 
January 6, 2012. Target publication date of the final rule is September 
2012. 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 April 23-24, 2008, 
December 3-4, 2008, 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 had five items that have been remanded to the task 
force for vote. The issues are addressed in the area of passenger train 
door mechanical and operational requirements and 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 APTA door 
standard (APTA SS-M-18-10) uses uniform language. The document was 
approved by the Passenger Safety Working Group by electronic vote on 
March 31, 2011, and approved by the RSAC on May 20, 2011. This 
rulemaking would amend the passenger equipment safety standards to 
enhance safety standards as they relate to passenger door securement 
while a passenger train is in service based on research and experiences 
of FRA safety inspectors. Specifically, FRA would incorporate by 
reference APTA standard: ``APTA SS-M-18-10 Standard for Powered 
Exterior Side Door System Design for New Passenger Cars.'' A draft NPRM 
is currently under development with a target publication date of 
September 2012. No additional Door Task Group meetings are currently 
scheduled. Contact: Brian Hontz, (610) 521-8220.
    The System Safety Task Group has produced draft regulatory language 
for a System Safety Rule, but work on this rulemaking was delayed until 
a study of legal protections for Risk Reduction Program (RRP) and 
System Safety Program (SSP) risk analysis data that is required by the 
Rail Safety Improvement

[[Page 58611]]

Act of 2008 (RSIA) was completed. The System Safety rulemaking would 
improve passenger railroad safety through structured, proactive 
processes and procedures developed by passenger railroad operators. It 
would require passenger railroads to establish an SSP that would 
systematically evaluate and manage risks in order to reduce the number 
and rates of railroad accidents, incidents, injuries, and fatalities. 
FRA continued to work on a draft NPRM while waiting for the legal 
review of protection of hazard analysis information, required by 
Section 109 of the RSIA. The Office of Chief Counsel completed a legal 
study and posted it on the FRA Web site and in the docket. The General 
Passenger Safety Task Force including the members of the System Safety 
Task Group met on February 1-2, 2012, and continued work on finalizing 
the draft NPRM language. The resulting NPRM was published on September 
7, 2012 (77 FR 55372), with comments due by November 6, 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 any specific actions to the 
RSAC that it identified as appropriate. The first meeting of the 
working group was held on April 12-14, 2005. Over the 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 issue of electronic display of track authorities, 
along with eight additional items that the working group was unable to 
reach consensus, 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 solely focus on this element of the RWP 
rule. 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 were reviewed and 
considered by FRA, and the final rule was published on November 30, 
2011 (76 FR 74586). In response to the final rule, FRA received two 
petitions for reconsideration that raise a number of substantive issues 
requiring a detailed response. A delay of the effective date of the 
final rule and a request for comments was published on March 8, 2012 
(77 FR 13978). This document delays the effective date of the final 
rule until July 1, 2013, and establishes a 60-day comment period in 
order to permit interested parties an opportunity to respond to the 
submitted petitions for reconsideration. FRA received five comments on 
the petitions, some of which raise additional substantive issues or 
provide further detailed information on the issues already raised. The 
petitions and comments on the petitions are available for review in the 
docket for this rulemaking, and have been assigned identification 
numbers of FRA-2008-0059-0031 and FRA-2008-0059-0032, for the 
petitions, and identification numbers of FRA-2008-0059-0034, FRA-2008-
0059-0035, FRA-2008-0059-0036, FRA-2008-0059-0037, and FRA-2008-0059-
0038, for the comments on the petitions. Due to the complex issues 
raised and extensive estimates provided in the petitions and comments, 
FRA continues to formulate an appropriate response. FRA's response to 
the petitions and comments will be published as soon as practicable and 
will be filed in the same docket.
    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 was 
published on August 20, 2012 (77 FR 50324), with comments due by 
October 19, 2012. Contact: Joe Riley, (202) 493-6357.
    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 on 
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 (FR 71 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 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 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.

[[Page 58612]]

    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 activities 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 49 
CFR part 229 draft rule text revision covering these items to the RSAC 
for consideration at the September 10, 2009, meeting and received 
approval. The NPRM was delayed due to competing RSIA priorities and the 
need for additional language. This rulemaking would amend the rules 
pertaining to the Locomotive Safety Standards. The proposed amendments 
would update, consolidate, and clarify existing rules, and adopt 
existing industry and engineering best practices. The proposed 
amendments include: updating locomotive inspection recordkeeping 
requirements by permitting electronic records; consolidating locomotive 
air brake maintenance into a single provision; clarifying locomotive 
headlight requirements to address new technology; and, establishing 
locomotive electronics standards based on existing industry and 
engineering best practices, as well as other existing Federal 
electronics standards. This action was taken by FRA in an effort to 
improve its safety regulator program. The NPRM was published on January 
12, 2011 (76 FR 2200), and the final rule was published on April 9, 
2012 (77 FR 21312), and a correction to the final rule was published on 
April 18, 2012 (77 FR 23159). Contact: Steve Clay, (202) 493-6259.
    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 was established by the full RSAC and reports its 
activities and progress toward completion of this task to the full RSAC 
during each meeting of the full RSAC. The first working group meeting 
was held on December 12-13, 2006, and the working group has held 
follow-on meetings on 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; December 8-9, 2009; 
February 16-17, 2010; March 11-12, 2010; May 24-26, 2010; August 31-
September 1, 2010; November 18-19, 2010; and September 27-28, 2011. 
During the working group's September 2011 meeting, the working group 
discussed stakeholder positions on the draft rule text and draft 
medical qualification criteria and protocols, and a preliminary cost-
benefit analysis was presented to the working group by the FRA 
economists. The working group tentatively agreed to proceed to revise 
its draft recommendations to include a proposed option that the medical 
qualification criteria be issued as medical qualification guidelines 
rather than standards. The working group established a task force to 
draft proposed revisions to working draft documents to be presented to 
the working group for review and comment. The next working group 
meeting has not currently been scheduled due to other priority RSIA 
projects. Contact: Dr. Bernard Arseneau, (202) 493-6002.
    Physicians Task Force. A Physicians Task Force was established by 
the working group in May 2007, and tasked to draft recommended medical 
qualification criteria and protocols for locomotive engineers and 
conductors. The Physicians Task Force 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; August 16-17, 2010; and October 25-26, 2010; 
December 17, 2010; January 11, 2011; March 3-4, 2011; May 16-17, 2011; 
August 18, 2011; August 25, 2011; August 31, 2011. On September 1, 
2011, the task force notified working group members that it had made 
significant progress in completing its task and requested that the 
working group participate in clarifying a limited number of remaining 
operational issues relevant to the task that merited review by industry 
management, labor, and other stakeholders. No further meetings of the 
Physicians Task Force are currently scheduled. 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. A Critical 
Incident Task Force was established during the May 24-26, 2010, Medical 
Standards Working Group meeting. The scheduled kickoff meeting for the 
Critical Incident Task Force scheduled for September 2, 2010, was 
postponed at the request of industry participants. In late March 2011, 
FRA leadership decided to request that the RSAC be asked to amend the 
Critical Incident task statement to remove reference to the Medical 
Standards Working Group and to allow the group to assume full working 
group status to expedite the work. The Committee approved the revised 
task statement with a target date for recommendations to the Committee 
of December 2011, and the task force transitioned to the Critical 
Incident Working Group. (See Critical Incident Working Group entry.) 
Contact: Dr. Bernard Arseneau, (202) 493-6002.
    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

[[Page 58613]]

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 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. 
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 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 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 Administrator, completing RSAC Task 08-03. 
The associated NPRM is currently in the final stages of development 
with anticipated target publication date of September 2012. RSAC Task 
08-03 will be complete once the final rule is issued. Contact: Carlo 
Patrick, (202) 493-6399.
    Task No. 09-02--Critical Incident Programs. This task was accepted 
on September 10, 2009, to provide advice regarding development of 
implementing regulations for Critical Incident Stress Plans as required 
by the RSIA. The group has been tasked to define what a ``critical 
incident'' is that requires a response; review available data, 
literature, and standards of practice concerning critical incident 
programs to determine appropriate action when a railroad employee is 
involved in or directly witnesses a critical incident; review any 
evaluation studies available for existing railroad critical incident 
programs; describe program elements appropriate for the rail 
environment, including those requirements set forth in the RSIA; 
provide an example of a suitable plan (template); and assist in the 
preparation of an NPRM no later than December 2010. In late March 2011, 
FRA leadership requested that the RSAC amend the Critical Incident task 
statement to remove reference to the Medical Standards Working Group 
and to allow the group to assume full working group status to expedite 
the work. The Committee approved the revised task statement with a 
target date for recommendations to the Committee of December 2011. The 
Critical Incident Working Group kickoff meeting was held on June 24, 
2011. The draft report assessing current knowledge of post-traumatic 
interventions and to advance evidence-based recommendations for 
controlling the risks associated with traumatic exposure in the 
railroad setting was completed and distributed to the working group 
prior to the September 8-9, 2011, working group meeting. Due to the 
aggressive timeline, the working group held its second meeting on 
October 11-12, 2011, and held a follow-on meeting December 13, 2011. 
The grantee provided a report titled ``Proposed Key Elements of 
Critical Incident Intervention Program for Reducing the Effects of 
Potentially Traumatic Exposure on Train Crews to Grade Crossing and 
Trespasser Incidents'' to the Critical Incident Working Group on 
December 13, 2011. The Critical Incident Working Group approved draft 
proposed rule text by electronic vote on August 20, 2012, and will 
present its recommendations to the RSAC Committee for vote during the 
September 27, 2012, meeting. Contact: Ron Hynes, (202) 493-6404.
    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 employees and their 
railroad contractor and subcontractor equivalents, as required by the 
RSIA. The group has been tasked to assist FRA in developing regulations 
responsive to the legislative mandate, while ensuring that generally 
accepted principles of adult learning are employed in training, 
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 were held 
August 17-18, 2010, 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 August 17-18, 2010, and October 19-20, 2010, and 
by GoTo/Webinar on November 15-16, 2010. The working group reached 
consensus and the resulting training standards draft regulatory 
language was presented to and approved by the RSAC Committee on 
December 14, 2010. This rulemaking will (1) Establish minimum training 
standards for each class or craft of safety-related employee and 
equivalent railroad contractor and subcontractor employee that require 
railroads, contractors, and subcontractors to qualify or otherwise 
document the proficiency of such employees in each such class and craft 
regarding their knowledge and ability to comply with Federal railroad 
safety laws and regulations and railroad rules and procedures intended 
to implement those laws and regulations; (2) require submission of 
railroads, contractors, and subcontractors'' training and qualification 
programs for FRA approval; and (3) establish a minimum training 
curriculum and ongoing training criteria, testing, and skills 
evaluation measures for track and equipment inspectors employed by 
railroads and railroad contractor and subcontractors. The resulting 
NPRM was published February 7, 2012 (77 FR 6411), with comments on the 
proposed rule due by April 9, 2012. The target publication date for the 
final rule is March 2013 and this rulemaking is

[[Page 58614]]

categorized as a modal priority. No additional working group meetings 
are scheduled at this time. Contact: Rob Castiglione, (817) 447-2715.
    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, the 
task was 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 OST and OMB) by September 30, 2011. This 
rulemaking would issue standards or guidance governing development and 
deployment of technology to promote safe operation in non-signaled 
territory in arrangements not defined in signal inspection law. The 
delay in starting this effort was caused by the PTC rulemaking, which 
required the same key personnel both in government and industry. With 
the PTC effort maturing, resources became available and the Dark 
Territory Working Group was formed to assist FRA in developing 
regulations responsive to the legislative mandate and to report 
recommendations to the FRA Administrator for proposed or interim final 
rule (as determined by FRA in consultation with OST and OMB). The 
working group met on March 3-4, 2011, May 9-10, 2011, and September 6-
7, 2011, and created four task forces to investigate specific subject 
areas. A follow-on meeting was held November 17-18, 2011, and a 
proposed rule is currently under development with the assistance of the 
Dark Territory Working Group. Target date for NPRM publication is 
November 2012. Contact: Olga Cataldi, (202) 493-6321.
    Task No. 11-01--Preventing Railroad Employee Distractions Caused by 
Personal Electronic Devices. This task was accepted on May 20, 2011, to 
prescribe mitigation strategies, programs, and processes for governing 
the use of personal electronic devices that could cause distractions to 
railroad employees engaged in safety-critical activities. This working 
group will explore additional methods to achieve compliance through 
education, peer-to-peer coaching, counseling, and other cooperative, 
non-regulatory/punitive methods. The Electronic Device Distraction 
Working Group was formed and held its kickoff meeting on October 25-26, 
2011, and held follow-on meetings on January 11-12, 2012, and March 27, 
2012. Work on this task has progressed well and the working group 
presented its recommendations to the Committee during the April 2012 
RSAC meeting. As a result of the working group's efforts, FRA is 
producing an outreach video, and FRA will participate in an inclusive 
media event with its partners in Chicago, IL, on October 9, 2012. 
Contact: Miriam Kloeppel, (202) 493-6224.
    Task No. 11-03--Fatigue Management Plans. This task was accepted by 
the Committee on December 8, 2011, to provide advice regarding 
development of implementing regulations for Fatigue Management Plans 
and their deployment under the RSIA. The working group was formed and 
held its kickoff meeting on March 27, 2012. Follow-on meetings were 
held June 12, 2012; July 10-11, 2012; and August 28, 2012. Work 
continues on this task and the working group is tasked to report 
recommendations to the Committee no later than February 2013. Contact: 
Miriam Kloeppel, (202) 493-6224.
    Task No. 11-04--Risk Reduction Program. This task was accepted by 
the Committee on December 8, 2011, in order to develop requirements for 
certain railroads to develop a Risk Reduction Program as mandated by 
the RSIA. The working group was formed and held its kickoff meeting on 
January 31-February 1, 2012, and follow-on meetings were held April 10-
11, 2012; May 16-17, 2012; June 13, 2012; June 25, 2012; and July 18, 
2012. The working group has made considerable progress, and no further 
working group meetings are currently scheduled. Contact: Miriam 
Kloeppel, (202) 493-6224.

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) Evaluating 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 cabs 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 00-01--(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 01-01--(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 03-01--Mechanical Task Force--(Completed) Developing 
recommendations on mechanical issues (revisions to 49 CFR part 238).
    Task 03-01--Crashworthiness Task Force--(Completed) Providing 
consensus recommendations on static-end strength.
    Task 06-02--(Completed) Issuing requirements for inspection of 
joint bars in continuous welded rail (CWR) to detect cracks that could 
affect the integrity of the track structure.

[[Page 58615]]

    Task 07-01--(Completed) Considering specific improvements to the 
Track Safety Standards or other responsive actions, supplementing work 
already underway on CWR specific to: reviewing controls applied to the 
reuse of rail in CWR ``plug rail''; reviewing the issue of cracks 
emanating from bond wire attachments; considering improvements in the 
Track Safety Standards related to fastening of rail to concrete ties; 
and ensuring a common understanding within the regulated community 
concerning requirements for internal rail flaw inspections.
    Task 08-01--(Completed) Reporting on the Nation's railroad bridges. 
Reporting to FRA on the current state of railroad bridge safety 
management; updating the findings and conclusions of the 1993 Summary 
Report of the FRA Railroad Bridge Safety Survey.
    Task No. 08-04--(Completed) Providing advice regarding development 
of implementing regulations for PTC systems and their deployment under 
the RSIA.
    Task No. 08-05--(Completed) Developing a rule encompassing the 
requirements of Section 417 of the RSIA (Railroad Bridge Safety 
Assurance).
    Task No. 08-06--(Completed) Developing revised recordkeeping and 
reporting requirements for hours of service of railroad employees.
    Task No. 08-07--(Completed) Developing regulations for 
certification of railroad conductors, as required by the RSIA, and 
considering any appropriate related amendments to existing regulations 
and reporting recommendations for a proposed or interim final rule.
    Task No. 09-01--(Completed) Providing advice regarding development 
of implementing regulations for the hours of service of operating 
employees of commuter and intercity passenger railroads under the RSIA.
    Task No. 11-02--(Completed) Considering specific improvements to 
the Track Safety Standards or other responsive actions related to the 
Track Inspection Time Study required by Sections 403 (a)-(c) of the of 
the RSIA and other relevant studies and resources.
    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 September 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
 [FR Doc. 2012-23305 Filed 9-20-12; 8:45 am]
BILLING CODE 4910-06-P