
[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72997-73005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30476]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 68]


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.

SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last 
announcement of working group activities and status reports of December 
7, 2010 (75 FR 76070). The 44th full RSAC meeting was held May 20, 
2011, and the 45th meeting is scheduled for December 8, 2011, 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 36 
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

[[Page 72998]]

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 last on 
September 16, 2010, and 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. 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 
for California. The Engineering Task Force 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, 2011, February 14-15 2011, March 
30-31, 2011, and June 16-17, 2011. Consensus Tier III recommendations 
of the ETF have been developed and were accepted by vote during a 
scheduled meeting on October 6-7, 2011. The ETF II has formed two 
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 train sets 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 verses 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/
requirements with consideration for operator's to develop maintenance, 
inspection, and service plans and make recommendations regarding brakes 
to the ETF II as related to Tier III. 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 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 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

[[Page 72999]]

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 has been pushed 
back to November 2012 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 front-end strength of cab cars and MU locomotives NPRM was 
published in the Federal Register on August 1, 2007 (72 FR 42016), with 
comments due by October 1, 2007. A number of comments were entered into 
the docket, and a Crashworthiness Task Force meeting was held September 
9, 2008, to resolve comments on the NPRM. Based on the consensus 
language agreed to at the meeting, FRA has prepared the text of the 
final rule incorporating the resolutions made at the task force meeting 
and the final rule language was adopted at the Passenger Safety Working 
Group meeting held on November 13, 2008. The language was presented and 
approved at the December 10, 2008, full RSAC meeting. The final rule 
was issued on December 31, 2009, and published on January 8, 2010 (75 
FR 1180). Contact: Gary Fairbanks, (202) 493-6322.
    Vehicle/Track Interaction Task Force. The task force is developing 
proposed revisions to 49 CFR Parts 213 and 238, principally regarding 
high-speed passenger service. The task force met on October 9-11, 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. The target date set for 
the final rule is April 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 American Public 
Transit Association (APTA) door standard (APTA SS-M-18-10) use 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 May 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 further work on this rulemaking is 
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 RSIA is complete. The legal study is expected to be 
complete by December 2012. 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. The target 
date

[[Page 73000]]

for NPRM publication is May 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 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, 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 November 
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 nine nonconsensus items is now 
planned for early 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 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.
    Task 06-01--Locomotive Safety Standards. This task was accepted on 
February 22, 2006, to review 49 CFR part 229, Railroad Locomotive 
Safety Standards, and revise as appropriate. A working group was 
established with the mandate to report any planned activity to the full 
Committee at each scheduled full RSAC meeting, to include milestones 
for completion of projects and progress toward completion. The first 
working group meeting was held May 8-10, 2006. Working group meetings 
were held 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 
temperature 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. The NPRM was delayed due to competing RSIA priorities and the 
need for additional language. The NPRM was published on January 12, 
2011 (76 FR 2200), and the final rule is scheduled to be published in 
December 2011. This rulemaking would amend the rules pertaining to the 
Locomotive Safety Standards. The

[[Page 73001]]

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 is taken by FRA in an effort 
to improve its safety regulator program. The working group may be 
called back to address comments received on the final rule after 
publication. 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 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; 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 economist. 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 is scheduled to be held February 1-2, 2012, in 
Washington, DC. 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 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; 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 by the working group 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 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 was presented to and approved by the RSAC Committee 
during the December 14, 2010 meeting. RSAC Task 07-01 will be complete 
once the final rule is issued. 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

[[Page 73002]]

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 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 Administrator completing RSAC Task 08-03. 
The associated NPRM is currently in development and RSAC Task 08-03 
will be complete once the final rule is issued. Contact: Carlo Patrick, 
(202) 493-6399.
    Task No. 08-04--Positive Train Control. This task was accepted on 
December 10, 2008, to provide advice regarding development of 
implementing regulations for Positive Train Control (PTC) systems and 
their deployment under 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 that 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). An 
NPRM proposing amendments to the PTC Final Rule that would remove 
various regulatory requirements that require railroads to either 
conduct further analyses or meet certain risk-based criteria in order 
to avoid PTC system implementation on track segments that do not 
transport poison- or toxic-by-inhalation hazardous materials traffic, 
and are not used for intercity or commuter rail passenger 
transportation, as of December 31, 2015, was published on August 24, 
2011 (76 FR 52918) with comments due by October 24, 2011. The PTC 
Working Group met on October 21, 2011, to provide input for an 
additional NPRM intended to address further rule considerations. FRA 
did not seek consensus from the RSAC or PTC Working Group on the 
substance of this NPRM, but requested the working group's valued 
assistance and input in its development. No additional meetings are 
scheduled at this time. Contact: Tom McFarlin, (202) 493-6203.
    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 are required to be 
submitted by April 16, 2010, under the mandate of the RSIA. FRA posted 
a final version of a PTCIP template and an example risk prioritization 
methodology model for prioritization of line segment implementation to 
the FRA public Web site on January 12, 2010, 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

[[Page 73003]]

the Federal Register on November 10, 2010 (75 FR 69166) and the working 
group was called back to meet and review comments received on May 12, 
2011, and the final rule is currently under development with a target 
publication date of November 2012. This rulemaking would provide rules 
and guidance for requisite train conductor certification to ensure that 
individuals have the knowledge and skills necessary to perform the 
duties of a train conductor. This rulemaking may propose that each 
railroad adopt and comply with a written program for certifying and 
recertifying the qualifications of conductors. 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 consider 
the role of fatigue prevention in determining maximum hours of service. 
The group has also been tasked to consider the potential for 
alternative approaches to hours of service using available tools for 
evaluating the impact of various crew schedules and 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. 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, 2010, by unanimous 
electronic vote as the recommendation from the Committee to the FRA 
Administrator. The working group met on December 9, 2010, to discuss 
the approved consensus language and the NPRM preamble and the resulting 
NPRM was published on March 22, 2011 (76 FR 16200), and the final rule 
was published on August 12, 2011 (76 FR 50360), with an effective date 
of October 15, 2011. Contact: Mark McKeon, (202) 493-6350.
    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 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. 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 with a follow-on meeting scheduled for 
December 13-14, 2011. 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 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 were 
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 August 17-18, 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, etc.; (2) require submission 
of railroads', contractors', and subcontractors' training and 
qualification programs for FRA approval; and (3) establish a

[[Page 73004]]

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 is under development with a target publication date of January 
2012. 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 
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. 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 is scheduled for November 17-18, 2011, and the target date for 
reporting recommendations to the RSAC Committee is December 2011. 
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 intervention, 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. The group is scheduled to meet next on January 11-12, 2011. 
Contact: Miriam Kloeppel, (202) 493-6224.
    Task No. 11-02--Track Inspection Time Study. This task was accepted 
by the Committee electronically on August 16, 2011, to consider 
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 RSIA and other relevant studies and resources. 
Sections 403(a) and (b) of the RSIA required a study of inspection 
practices and the amount of time required for inspections under the 
Track Safety Standards, and another set of revisions to those 
regulations. The report was due by October 16, 2010, on the results of 
a specified track inspection time and track safety study. FRA is 
expected to make recommendations for rule changes and, under Section 
403(c), not later than 2 years after completion of the study, prescribe 
regulations based on its results. FRA organized an independent study by 
an outside contractor and developed a questionnaire used to get 
information from railroad track inspectors throughout the country; 
interviews with railroad and union officials were also conducted for 
additional perspectives. The Track Inspection Time Study was completed 
and signed by the Secretary on May 2, 2011, starting the 2-year 
timeline for rulemaking. The task was given to the Track Standards 
Working Group and it held a kickoff meeting on October 20, 2011, and 
follow-on meetings are scheduled for December 20-21, 2011; February 7-
8, and April 26-27, 2012. Contact: Ken Rusk, (202) 493-6236.

Completed Tasks

    Task 96-1--(Completed) Revising the freight power brake 
regulations.
    Task 96-2--(Completed) Reviewing and recommending revisions to the 
Track Safety Standards (49 CFR Part 213).
    Task 96-3--(Completed) Reviewing and recommending revisions to the 
Radio Standards and Procedures (49 CFR Part 220).
    Task 96-5--(Completed) Reviewing and recommending revisions to 
Steam Locomotive Inspection Standards (49 CFR Part 230).
    Task 96-6--(Completed) Reviewing and recommending revisions to 
miscellaneous aspects of the regulations addressing locomotive engineer 
certification (49 CFR Part 240).
    Task 96-7--(Completed) Developing roadway maintenance machines (on-
track equipment) safety standards.
    Task 96-8--(Completed) This planning task evaluated the need for 
action responsive to recommendations contained in a report to Congress 
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.

[[Page 73005]]

    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), of RSIA bridge failure. Final rule 
published 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.

    Issued in Washington, DC, on November 21, 2011.
Brenda J. Moscoso,
Director, Office of Safety Analysis, Risk Reduction, and Crossing/
Trespasser Programs.
[FR Doc. 2011-30476 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-06-P


