Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Notices 63893

hinder the effective use and expansion Guidelines for the development of a SUMMARY: FRA is issuing Safety of America’s Marine Highways; national freight policy from a marine Advisory 2010–03 to remind railroads waterways and ports, and their transportation Perspective, and; such and their employees of the importance intermodal, road, rail, and marine high other matters, related to those above, of situational awareness and the need to connections; and guidelines for the that the Secretary or sponsor may charge stay alert whenever the job that is being development of a national freight policy the Committee with addressing. The full performed changes, particularly in main from a marine transportation Committee normally meets at least two track territory. This safety advisory perspective to the Secretary of to three times per fiscal year. contains various recommendations to Transportation via the Maritime Subcommittee meetings and railroads to ensure that these issues are Administrator. teleconferences are held more addressed by appropriate policies and DATES: Completed application forms frequently, as needed. It may also meet procedures. should reach us on or before November for extraordinary purposes. FOR FURTHER INFORMATION CONTACT: 17, 2010. Twenty-eight (28) positions will be Ronald Hynes, Director, Office of Safety ADDRESSES: Interested candidates may filled. Organizations and companies Compliance and Assurance, Office of request an application form and submit with experience inone or more of the Railroad Safety, FRA, 1200 New Jersey a completed application by one of the following sectors of the marine Avenue, SE., Washington, DC 20590, following methods: E-mail: transportation industry are encouraged telephone (202) 493–6404; or Joseph St. [email protected], subject line: to apply: Ports and Terminal Operators, Peter, Trial Attorney, Office of Chief MTSNAC Application Fax: 202–366– Shippers, Vessel Operators, Non-Marine Counsel, FRA, 1200 New Jersey Avenue, 6988, ATTN: MTSNAC DFO, please Transportation Providers, Metropolitan SE., Washington, DC 20590, telephone provide name, mailing address and Planning Organizations and State DOTs, (202) 493–6052. Shipbuilders, Labor and Workforce telephone and fax numbers to send SUPPLEMENTARY INFORMATION: The application forms to. Mail: MARAD– Development, and Academia. Registered lobbyists are not eligible to overall safety of railroad operations has MTSNAC Designated Federal Officer, improved in recent years. However, a Room W21–310, U.S. Department of serve on Federal Advisory Committees. Registered lobbyists are lobbyists series of events over the past 24 months Transportation, 1200 New Jersey Ave., highlight the need to review current SE., Washington, DC 20590, please required to comply with provisions contained in the Lobbying Disclosure railroad procedures and practices. This provide name, mailing address and safety advisory emphasizes the need for telephone and fax numbers to send Act of 1995 (Pub. L. 110–81, as amended). railroads to review and update their application forms to: Internet: To current procedures relating to download a PDF or MS-Word Each member serves for a term of two years. Members may serve consecutive situational awareness, alertness when application form, visit MTSNAC Web working on or near main tracks, and job site at http://www.mtsnac.org. terms. All members serve at their own expense and receive no salary. While briefings whenever there is a change in FOR FURTHER INFORMATION CONTACT: Mr. situation. Richard Lolich, MTSNAC Designated attending meetings or when otherwise Federal Officer, Maritime engaged in committee business, Recent Incidents members will be reimbursed for travel Administration, 1200 New Jersey Ave., The following is a discussion of the and per diem expenses as permitted SE., Room W21–310, Washington, DC circumstances surrounding a recent fatal under applicable Federal travel 20590, [email protected], Phone: incident, and is based only on FRA’s regulations. 202–366–0704, Fax: 202–366–6988. preliminary investigation. The accident If you are interested in applying to SUPPLEMENTARY INFORMATION: is still under investigation by FRA and The become a member of the Committee, local authorities. The causes and MTSNAC is an advisory committee send a completed application to Mr. established in accordance with the contributing factors, if any, have not yet Richard Lolich, Designated Federal provisions of the Federal Advisory been established. Therefore, nothing in Officer (DFO) of the Marine Committee Act (FACA) 5 U.S.C. App. 1 this safety advisory is intended to Transportation System National (Pub. L. 92–463) and the Energy attribute a cause to the incident or place Advisory Council. Send the application Independence and Security Act of 2007 responsibility for the incident on the in time for it to be received by the DFO (Pub. L. 110–140). The MTSNAC acts or omissions of any person or on or before November 17, 2010. advises, consults with, reports to, and entity. makes recommendations to the Dated: October 12, 2010. The fatal incident occurred on Secretary on matters relating to the By Order of the Maritime Administrator. September 1, 2010, at approximately Marine Transportation System. Such Christine Gurland, 6:50 a.m., in Coon Rapids, Minnesota, matters may include, but are not limited Secretary, Maritime Administration. on the BNSF Railway’s (BNSF) Twin to: [FR Doc. 2010–26092 Filed 10–15–10; 8:45 am] Cities Division, Staples Subdivision, in Impediments that hinder the effective BILLING CODE 4910–81–P double-main track territory. The use and expansion of America’s Marine incident occurred when a westbound Highways, and the expanded use of the BNSF track geometry train stopped on marine transportation system for freight DEPARTMENT OF TRANSPORTATION Main Track #1 just west of Egrett and passengers; Waterways and ports, Boulevard, a public highway-rail grade and their intermodal road, rail, and Federal Railroad Administration crossing equipped with flashers and marine highway connections and gates, to allow a BNSF roadmaster (track actions required to meet current and Safety Advisory 2010–03 supervisor) to disembark from the future national transportation system AGENCY: Federal Railroad geometry car. The roadmaster stepped integration needs; Strategy, policy, and Administration (FRA), Department of off the rear (east) end of the geometry goals to ensure an environmentally Transportation (DOT). car on the field side of Main Track #1 responsible and safe system that and onto the highway-rail grade ACTION: Notice of Safety Advisory; improves the global competitiveness crossing. As the geometry train resumed staying alert and situational awareness. and national security of the U.S.; movement west, the roadmaster walked

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perpendicularly across the crossing, with regard to his or her own personal changes. Railroad operating rules and toward a BNSF vehicle parked on the safety, is individual awareness and certain Federal railroad safety opposite side of the crossing that was accountability. regulations require that these job waiting to pick him up. As he did so, FRA notes that there have been other briefings take place. The job briefing can he stepped into the path of an oncoming recent incidents in which railroad act, particularly when there is more passenger train traveling east on employees have been killed and injured than one person involved with the task, adjacent Main Track #2 at 79 mph, and after potentially becoming distracted or as a ‘‘time out,’’ so to speak, for the was struck and killed. The roadmaster unaware of changing job situations. For affected employees to reinforce the need was a 53-year-old employee with 31 instance: to exercise vigilance and awareness in years of railroad service. (1) In 2008, an incident occurred the performance of their tasks. FRA is investigating a number of when a two-person train crew, after FRA also wishes to reiterate concerns potential factors that may have been reaching their destination, was previously expressed to the railroad involved in this fatal event. FRA is instructed to secure their freight train at industry in a letter dated January 26, determining whether any of these a location beyond their normal crew 2010. In the present era of ‘‘instant factors, or any other factors it may change point. The location was on communications and technology and discover, worked to drastically change double-main track on a bridge near a information ‘overload,’ ’’ railroad the roadmaster’s job situation when he parking lot where a relief crew could employees need to maintain complete alighted from the geometry car, or reach the train. The conductor left the situational awareness and avoid provided a false sense of security cab of the locomotive to tie hand brakes distractions. Railroad employees should regarding the conditions at the crossing. in order to secure the train, but appears keep cell phones and other distracting Some of these factors include: to have done so without performing a devices turned off and focus their full (1) The potential distraction caused job briefing with the engineer and attention on the task at hand. As the by the paperwork the roadmaster was without taking his hand-held radio. He above examples indicate, even slight holding. crossed in front of the locomotive and lapses in situational awareness can lead (2) The location of the involved walked across the bridge between the to tragedy. crossing in a ‘‘quiet zone.’’ two tracks. An eastward train, Recommended Action: In light of the Consequently, the striking passenger approaching at 26 mph, observed the above discussion, and in an effort to train was not required to sound its horn conductor in the foul, sounded its maintain the safety of railroad at the grade crossing where the incident whistle, turned the locomotive’s employees on the Nation’s rail system, occurred. headlights to bright, and tried to stop. FRA recommends that railroads: (3) Whether the locomotive engineer However, the eastward train struck and (1) Develop processes that promote of the passenger train was aware that he killed the conductor. safety mentoring of fellow workers or she was passing maintenance-of-way (2) In 2008, a track gang and a regardless of their titles or positions. equipment.1 contractor were working together and (2) Develop procedures that address (4) The view afforded the roadmaster walking track along the right-of-way on the need for dialogue between of adjacent Main Track #2, to the west, the Northeast Corridor. Periodically, the coworkers when exiting equipment near as the geometry train departed in that gang would request and receive ‘‘foul tracks or moving equipment. direction. time’’ to do closer inspections. (3) Review their current process (5) The location of the BNSF vehicle Sometime before the incident, the foul regarding job briefings and determine the roadmaster was walking toward. time was cancelled and acknowledged. best practices that encourage constant (6) The affect of the active warnings Shortly thereafter, an Amtrak train communication about the activities at displayed by the warning devices at passed into the area and struck three of hand. Egrett Boulevard. the track workers and killed the (4) Assess their current rules Subsequent to the incident discussed contractor. addressing personal safety and above, BNSF conducted an incident (3) In 2009, a four-person yard employee behavior when on or near briefing with all of their employees, switching crew was pulling cars up a tracks, with particular emphasis on specifically reminding the employees switching lead to make a shoving main tracks. that fouling track during work, or movement into a yard track while a road (5) Review current rules pertaining to incidental fouling for crossing over a train was approaching in the same activities that could cause employees to track, can never be taken as a routine direction on the main track adjacent to become distracted, including rules matter. Additionally, the briefing the switching lead. The conductor pertaining to the use of electronic addressed several existing BNSF riding the second locomotive of the yard devices, with the view of strengthening operating rules mandating that switcher exited the cab and got off the and expanding them to include all employees be alert and attentive to their train on the ‘‘live’’ side next to the main employees when they are on or near duties, be alert to potential train track, actually fouling the main track. tracks. movements, and take proper He was subsequently struck and killed (6) Review current rules pertaining to precautions when fouling tracks, by the train operating on the main track. sounding the locomotive horn, with the The employees in the above-listed including incidental fouling when view of requiring the horn to be incidents were all familiar with walking across tracks when protection sounded when approaching and passing operating and safety rules, yet in each has not been provided. FRA fully standing trains, especially at or near case, the employees’ situational supports these rules and applauds BNSF grade crossings, regardless of whether awareness seems to have been degraded. for taking the initiative to remind all of such crossings are located in quiet FRA believes that employee alertness to its employees of the dangers inherent zones. changing job situations could have been FRA encourages railroad industry when fouling tracks. FRA believes the heightened in these situations by the act members to take action consistent with foremost obligation of each employee, of engaging in additional job briefings. the preceding recommendations and to take other actions to help ensure the 1 BNSF has an operating rule that requires the As the railroad industry is well aware, horn to be sounded when approaching engineering a job briefing should take place at the safety of the Nation’s railroad department employees and their related equipment. beginning of a task and anytime the task employees. FRA may modify this Safety

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Advisory 2010–03, issue additional DATES: The meeting will be held on auxiliary aid, must contact the Office of safety advisories, or take other Wednesday, November 3, 2010, at 9 a.m. Community Affairs at 202–906–7891 by appropriate actions necessary to ensure Eastern Time. 5 p.m. Eastern Time on Wednesday, the highest level of safety on the ADDRESSES: The meeting will be held at October 27, 2010, to inform OTS of their Nation’s railroads, including pursuing the Office of Thrift Supervision, 1700 G desire to attend the meeting and to other corrective measures under its rail Street, NW., Washington, DC in provide the information that will be safety authority. Conference Room 6A. The public is required to facilitate entry into the OTS Issued in Washington, DC, on October 12, invited to submit written statements to building. To enter the building, 2010. the MDIAC by any one of the following attendees should provide a government Jo Strang, methods: issued ID (e.g., driver’s license, voter • Associate Administrator for Railroad Safety/ E-mail address: registration card, etc.) with their full Chief Safety Officer. [email protected]; or name, date of birth, and address. The • [FR Doc. 2010–26089 Filed 10–15–10; 8:45 am] Mail: To Deirdre A. Foley, purpose of the meeting is to advise OTS Designated Federal Official, Office of BILLING CODE 4910–06–P on ways to meet the goals established by Thrift Supervision, 1700 G Street, NW., section 308 of the Financial Institutions Washington, DC 20552 in triplicate. Reform, Recovery, and Enforcement Act The agency must receive statements of 1989 (FIRREA), Public Law 101–73, DEPARTMENT OF THE TREASURY no later than October 27, 2010. Title III, 103 Stat. 353, 12 U.S.C.A. Office of Thrift Supervision FOR FURTHER INFORMATION CONTACT: § 1463 note. The goals of section 308 are Deirdre A. Foley, Designated Federal to preserve the present number of [Docket ID: OTS–2010–0028] Official, (202) 906–5750, Office of Thrift minority institutions, preserve the Supervision, 1700 G Street, NW., minority character of minority-owned Open Meeting of the OTS Minority Washington, DC 20552. institutions in cases involving mergers Depository Institutions Advisory SUPPLEMENTARY INFORMATION: or acquisitions, provide technical Committee By this notice, the Office of Thrift Supervision assistance, and encourage the creation AGENCY: Department of the Treasury, is announcing that the OTS Minority of new minority institutions. The Office of Thrift Supervision. Depository Institutions Advisory MDIAC will help OTS meet those goals by providing informed advice and ACTION: Notice of meeting. Committee will convene a meeting on Wednesday, November 3, 2010, in recommendations regarding a range of SUMMARY: The OTS Minority Depository Conference Room 6A at the Office of issues involving minority depository Institutions Advisory Committee Thrift Supervision, 1700 G Street, NW., institutions. (MDIAC) will convene a meeting on Washington, DC, beginning at 9 a.m. Dated: October 6, 2010. Wednesday, November 3, 2010, in Eastern Time. The meeting will be open By the Office of Thrift Supervision. Conference Room 6A of the Office of to the public. Because the meeting will Thrift Supervision, 1700 G Street, NW., be held in a secured facility with Deirdre A. Foley, Washington, DC, beginning at 9 a.m. limited space, members of the public Designated Federal Official. Eastern Time. The meeting will be open who plan to attend the meeting, and [FR Doc. 2010–25680 Filed 10–15–10; 8:45 am] to the public. members of the public who require BILLING CODE 6720–01–M

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