[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24257-24264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9625]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257; Notice No. 69]


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 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, Acting Associate Administrator for Railroad Safety/Chief Safety 
Officer, 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 November 
28, 2011 (76 FR 72997). The 45th full RSAC meeting was held December 8, 
2011, and the 46th meeting is scheduled for April 26, 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 safety, based on 
research and experience. This task was accepted on May 20, 2003, and a 
working group was established. Prior to embarking on substantive 
discussions of a specific task, the working group set forth in writing 
a specific description of the task. The working group reports planned 
activity to the full RSAC at each scheduled full RSAC meeting, 
including milestones for completion of projects and progress toward 
completion. At the first meeting, held on September 9-10, 2003, a 
consolidated list of issues was completed. At the second meeting, held 
on November 6-7, 2003, four task groups were established: Emergency 
Preparedness, Mechanical, Crashworthiness, and Track/Vehicle 
Interaction. The task forces met and reported on activities for working 
group consideration at the third meeting, held on May 11-12, 2004, and 
a fourth meeting was held October 26-27, 2004. The working group met on 
March 21-22, 2006, and again on September 12-13, 2006, at which time 
the group agreed to establish a task force on General Passenger Safety. 
The full Passenger Safety Working Group met on April 17-18, 2007; 
December 11-12, 2007; November 13, 2008; and June 8, 2009. On August 5, 
2009, the working group was requested to establish an Engineering Task 
Force (ETF) to consider technical criteria and procedures for 
qualifying alternative passenger equipment designs as equivalent in 
safety to equipment meeting the design standards in the Passenger 
Equipment Safety Standards. 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 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

[[Page 24258]]

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, 
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, 2011, February 14-15, March 30-31, June 
16-17, and October 6-7, 2011. 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 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 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/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 next ETF meeting will be scheduled for June 
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, 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 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.
    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 on 
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

[[Page 24259]]

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, 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 June 
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) 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 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 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 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. RCC 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. A draft NPRM is being prepared with a target date of August 
2012 for publication. 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

[[Page 24260]]

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 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, 201,3 and establishes a 
60-day comment period in order to permit interested parties an 
opportunity to respond to the submitted petitions for reconsideration.
    The remaining larger NPRM relating to the various revisions, 
clarifications, and additions to 31 separate items in 19 sections of 
the rule, and FRA's recommendations for 9 nonconsensus items is now 
planned for 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 
temperatures standards, locomotive alerters, and remote control 
locomotives. The group reached consensus regarding critical locomotive 
electronic standards, updated annual/biennial air brake standards, 
clarification of the ``air brakes operate as intended'' requirement, 
locomotive pilot clearance within hump classification yards, 
clarification of the ``high voltage'' warning requirement, an update of 
``headlight lamp'' requirements, and language to allow locomotive 
records to be stored electronically. The working group presented a 
draft 49 CFR Part 229 rule text revision covering these items to the 
RSAC for consideration at the September 10, 2009, meeting and received 
approval. 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 
early 2012. 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 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

[[Page 24261]]

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; 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 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 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 08-03--Track Safety Standards Rail Integrity. This task was 
accepted on September 10, 2008, to consider specific improvements to 
the Track Safety Standards or other responsive actions designed to 
enhance rail integrity. The Rail Integrity Task Force was created in 
October 2007 under Task 07-01 and first met on November 28-29, 2007. 
The task force met on February 12-13, 2008; April 15-16, 2008; July 8-
9, 2008; September 16-17, 2008; February 3-4, 2009; June 16-17, 2009; 
October 29-30, 2009; January 20-21, 2010; March 9-11, 2010; and April 
20, 2010. Consensus has been achieved on bond wires and a common 
understanding on internal rail flaw inspections has been reached. The 
task force has reached consensus to recommend to the working group that 
the item regarding ``the effect of rail head wear, surface conditions 
and other relevant factors on the acquisition and interpretation of 
internal rail flaw test results'' be closed. The task force does not 
recommend regulatory action concerning head wear. Surface conditions 
and their 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 an anticipated spring issue date, and RSAC Task 08-
03 will be complete once the final rule is issued. Contact: Carlo 
Patrick, (202) 493-6399.
    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 (OST) 
and the Office of Management and Budget (OMB)) 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

[[Page 24262]]

text by electronic ballot and the consensus draft language was approved 
by the RSAC on March 18, 2010, by unanimous vote as the recommendation 
from the Committee to the FRA Administrator. The resulting NPRM was 
published in the Federal Register on November 10, 2010 (75 FR 69166), 
the working group 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. 09-02--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 entitled ``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. A proposed rule based on the study recommendations 
is currently under development with the assistance of the Critical 
Incident Working Group. 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 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 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 held 
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 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. 
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, 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

[[Page 24263]]

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. 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, and March 27, 2012. 
Work on this task has progressed well and the working group is on 
target to present its recommendations to the Committee during the April 
2012 RSAC meeting. 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 were held on December 20-21, 2011; and February 7-8, 
2012. No further meetings are currently scheduled and the working group 
is on schedule to provide recommendations to the Committee no later 
than May 2, 2012. Contact: Michael Lestingi, (202) 493-6236.
    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 kick-off meeting on March 27, 2012. 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, 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 kick-off meeting on January 
31-February 1, 2012, and a follow-on meeting is scheduled for April 10-
11, 2012. 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) 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 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.
    Task 07-01--(Completed) Track Safety Standards. 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 reuse 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

[[Page 24264]]

understanding within the regulated community concerning requirements 
for internal rail flaw inspections. The Concrete Crossties NPRM was 
published on August 26, 2010 (75 FR 52490), and the final rule was 
issued on April 1, 2011 (76 FR 18073), with an effective date of July 
1, 2011. FRA received two petitions for reconsideration in response to 
the final rule, and as a result published a second final rule on June 
15, 2011 (76 FR 34890), delaying the effective date of the final rule 
until October 1, 2011.
    Task 08-01--(Completed) Report on the Nation's railroad bridges. 
Report to FRA on the current state of railroad bridge safety 
management; update the findings and conclusions of the 1993 Summary 
Report of the FRA Railroad Bridge Safety Survey.
    Task No. 08-04--(Completed) Positive Train Control. Provide advice 
regarding development of implementing regulations for PTC systems and 
their deployment under the RSIA. 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.
    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 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. 09-01--(Completed) Passenger Hours of Service. 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 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.
    Please refer to the notice published in the Federal Register on 
March 11, 1996 (61 FR 9740), for more information about the RSAC.

Robert C. Lauby,
Acting Associate Administrator for Railroad Safety/Chief Safety 
Officer.
[FR Doc. 2012-9625 Filed 4-20-12; 8:45 am]
BILLING CODE 4910-06-P