Update on Activities of Operating Rules Working Group

Update on Activities of Operating Rules Working Group RSAC Meeting Wednesday, June 11, 2008

Update on Activities of Operating Rules Working Group (Cont’d) n Status of Petitions for Reconsideration and Final Rule Amendments to Part 218 – Subpart F • Petitions for Reconsideration q APTA Request * Delay Implementation Dates

Update on Activities of Operating Rules Working Group (Cont’d) ▫ AAR Request * Delay Implementation Dates * Use of Shove Lights * Eliminate Good Faith Challenge or Mirror RWP’s G. F. C. * Clarify that Preamble Language Re: PP Technology Standard is Not a Requirement

Update on Activities of Operating Rules Working Group (Cont’d) n Combined Labor Request * Deny AAR Shove Light Exception * Eliminate IL for Civil Penalties * Eliminate IL for Willful Violations [Note: Responses to Petitions Will be Published in Federal Register Prior to June 30]

Update on Activities of Operating Rules Working Group (Cont’d) n Final Rule Amendments ▫ Being Finalized by FRA ▫ To be Published in Federal Register Prior to June 30

Update on Activities of Operating Rules Working Group (Cont’d) n Operating Rules Working Group Meeting – Grapevine, TX – May 21 -22, 2008 • NTSB Recommendations * “After Arrival” Orders (new Part 218 – Subpart G) - Discussed FRA, Labor, and Industry Proposed Drafts (No Consensus) - FRA Will Review Comments and Suggestions from Discussions - FRA Will Present a Final Draft Regulation at Chicago Meeting - September 25 -26, 2008

Update on Activities of Operating Rules Working Group (Cont’d) • NTSB Recommendations (Cont’d) * Cell Phone Use - FRA Presented Draft Safety Advisory for Discussion - Comments and Suggestions Were Incorporated - Consensus Achieved - Final Version of Safety Advisory To Be Reviewed at Chicago Meeting

Update on Activities of Operating Rules Working Group (Cont’d) • Highway-Rail Grade Crossings * Motorist behavior is normally at the root of crossing collisions * However, we need to ensure that risks presented from the rail side are managed well * FRA considering enhancements to reporting codes on. 57 Report * Working Group to establish Task Force to review entire issue, with initial emphasis on revising the. 57 Report [Statement of Work Being Developed]

Update on Activities of Operating Rules Working Group (Cont’d) • Highway-Rail Grade Crossings (Cont’d) * Railroads already report, and FRA investigates, “activation failures * Longer term, FRA is considering utility and feasibility of capturing “near hit” data on operational interference with warning device functioning that leads to no warning or short warning. Examples: n Accelerating on the approach n Misuse of cut-out switches n Equipment standing on fouling circuits causing them to time out n Failure to observe stop and flag orders when continuously operating systems must be removed from service for repairs

Update on Activities of operating Rules Working Group (Cont’d) Next Working Group Meeting — Chicago, IL — September 25 -26, 2008