Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 24257 

decisions may also be relied upon by 

state and local agencies in proceedings 

on the project. Section 4 of the 

Introduction of the Tier 1 Final 

Programmatic EIS and Section A of the 

Record of Decision specify the decisions 

being made at this Tier 1 level. 

Challenges to these Tier 1 decisions 

must be made within 180 days of this 

notice or they will be barred. The 

purpose for transportation 

improvements is to increase capacity, 

improve accessibility and mobility, and 

decrease congestion for travel demand 

(projected to occur in 2050) to 

destinations along the Corridor as well 

as for interstate travel, while providing 

for and accommodating environmental 

sensitivity, community values, 

transportation safety, and ability to 

implement the proposed solutions for 

the Corridor. FHWA NEPA documents: 

Draft Programmatic EIS signed August 

10, 2010, Final Programmatic EIS signed 

February 24, 2011, ROD signed June 16, 

2011. http://www.coloradodot.info/ 

projects/i-70mountaincorridor. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

John M. Cater, 

Division Administrator, Lakewood, Colorado. 

[FR Doc. 2012–9754 Filed 4–20–12; 8:45 am] 

BILLING CODE 4910–22–P 

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. 

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 highspeed 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 


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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 retask 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 staticend 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 


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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 safetybased 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 


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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-controlledtrack, 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 FactorCaused Train Accident/Incidents. This 

task was accepted on May 18, 2005, to 

reduce the number of human factorcaused 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 


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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 


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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 posttraumatic 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 


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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-topeer 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 (ontrack 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 


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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 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2012–0040, Notice 1] 

Notice of Receipt of Petition for 

Decision That Nonconforming LeftHand Drive 2006 Land Rover Range 

Rover Multi-Purpose Passenger 

Vehicles Manufactured Prior to 

September 1, 2006 Are Eligible for 

Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that left-hand 

drive (LHD) 2006 Land Rover Range 

Rover multi-purpose passenger vehicles 

(MPVs) manufactured prior to 

September 1, 2006 for sale in the United 

Kingdom and other foreign markets that 

were not originally manufactured to 

comply with all applicable Federal 

Motor Vehicle Safety Standards 

(FMVSS), are eligible for importation 

into the United States because they are 

substantially similar to vehicles that 

were originally manufactured for sale in 

the United States and that were certified 

by their manufacturer as complying 

with the safety standards (the U.S.- 

certified version of the 2006 Land Rover 

Range Rover MPV) and they are capable 

of being readily altered to conform to 

the standards. 

DATES: The closing date for comments 

on the petition is May 23, 2012. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: Comments must be 

written in the English language, and be 

no greater than 15 pages in length, 

although there is no limit to the length 

of necessary attachments to the 

comments. If comments are submitted 

in hard copy form, please ensure that 

two copies are provided. If you wish to 

receive confirmation that your 

comments were received, please enclose 

a stamped, self-addressed postcard with 

the comments. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

How to Read Comments submitted to 

the Docket: You may read the comments 

received by Docket Management at the 

address and times given above. You may 

also view the documents from the 

Internet at http://www.regulations.gov. 

Follow the online instructions for 

accessing the dockets. The docket ID 

number and title of this notice are 

shown at the heading of this document 

notice. Please note that even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically search the Docket for new 

material. 

FOR FURTHER INFORMATION CONTACT: 

George Stevens, Office of Vehicle Safety 

Compliance, NHTSA (202–366–5308). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 


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