Safety Advisory 2023-07; Review and Implement New Predictive Weather Modeling and Proactive Safety Processes Across the National Rail Network To Prevent Weather-Related Accidents and Incidents, 82500-82502 [2023-25924]
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82500
Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statutes also allow the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 10 individuals listed in this
notice have requested an exemption
from the hearing requirement in 49 CFR
391.41(b)(11). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
the exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid, (35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 8, 1971), respectively).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Application for Exemptions;
National Association of the Deaf,’’ (78
FR 7479), its decision to grant requests
from 40 individuals for exemptions
from the Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since that time
the Agency has published additional
notices granting requests from hard of
hearing and deaf individuals for
exemptions from the Agency’s physical
VerDate Sep<11>2014
21:46 Nov 22, 2023
Jkt 262001
qualification standard concerning
hearing for interstate CMV drivers.
III. Qualifications of Applicants
Jesse Aguiar
Jesse Aguiar, 49, holds a class D
driver’s license in Arizona.
Antonio Brown
Antonio Brown, 46, holds a class E
driver’s license in Louisiana.
Daniel Crawford
Daniel Crawford, 42, holds a class D
driver’s license in Virginia.
Scott Humpal
Scott Humpal, 42, holds a class C
driver’s license in California.
Ryan King
Ryan King, 27, holds a class C driver’s
license in North Carolina.
Jordan Marqus
Jordan Marqus, 29, holds a class 10
driver’s license in Rhode Island.
John Mast
John Mast, 47, holds a class D driver’s
license in Ohio.
Lacey McLaughlin
Lacey McLaughlin, 24, holds a class C
driver’s license in North Carolina.
Barry Schmidt
Barry Schmidt, 62, holds a class R
driver’s license in Colorado.
Grover Vincent
Grover Vincent, 44, holds a class CM
driver’s license in Texas.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–25927 Filed 11–22–23; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2023–07; Review and
Implement New Predictive Weather
Modeling and Proactive Safety
Processes Across the National Rail
Network To Prevent Weather-Related
Accidents and Incidents
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of safety advisory.
AGENCY:
Since the beginning of 2021,
123 rail accidents/incidents have been
reported to FRA as having been caused,
in whole or in part, by severe weather
conditions or weather-related events
(e.g., hurricanes, tornadoes, wildfires,
flooding, mudslides, and summer heat).
These extreme weather conditions and
events not only present hazards to
railroad workers, operations and
infrastructure but can also severely
impact the customers and communities
relying on the railroads for travel and
transportation of critical goods. To
reduce weather-related accidents/
incidents and improve the efficiency of
the national rail network during severe
weather events, FRA is issuing this
Safety Advisory to recommend that
railroads review existing policies,
procedures, and operating rules related
to predicting, monitoring,
communicating, and operating during
severe weather conditions or subsequent
to extreme weather events. FRA also
recommends that railroads collaborate
to develop best practices for utilizing
weather forecasting technologies,
predictive weather models, and
weather-related action plans throughout
the industry.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles P. King, Director, Office of
Railroad Infrastructure and Mechanical
Equipment, at 202–329–5031 or
Charles.King@dot.gov.
Disclaimer: This Safety Advisory is
considered guidance pursuant to DOT
Order 2100.6A (June 7, 2021). Except
when referencing laws, regulations,
policies, or orders, the information in
this Safety Advisory does not have the
force and effect of law and is not meant
to bind the public in any way. This
document does not revise or replace any
previously issued guidance.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
From January 2021 through the end of
July 2023, there have been 123
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Fmt 4703
Sfmt 4703
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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices
accidents/incidents reported to FRA
where one of the cause codes was
related to weather conditions (cause
codes M102, M103, M105, M199, and
T109 on FRA Form 6180.54). Over half
of these accidents/incidents were main-
track derailments. A detailed
breakdown is provided below:
Number of
incidents
Accident cause
ddrumheller on DSK120RN23PROD with NOTICES1
M102—Extreme environmental condition—TORNADO ..........................................................................................
M103—Extreme environmental condition—FLOOD ................................................................................................
M105—Extreme environmental condition—EXTREME WIND VELOCITY .............................................................
M199 1—Other extreme environmental conditions ..................................................................................................
T109—Track alignment irregular (buckled/sun kink) ...............................................................................................
FRA has previously issued Safety
Advisories concerning weather-related
accidents/incidents. On September 4,
1997, FRA issued Safety Advisory 97–
1, recommending safety practices to
reduce the risk of casualties from train
derailments caused by damage to tracks,
roadbeds, and bridges resulting from
uncontrolled water flows and similar
weather-related phenomena. FRA
amended Safety Advisory 97–1 on
November 14, 1997, by revising the
recommendation concerning the
transmission of flash flood warnings to
train dispatchers or other employees
controlling the movement of trains.
Additionally, FRA issued Safety
Advisory 2012–03 on July 16, 2012, to
remind track owners, railroads, and
their employees of the importance of
complying with their continuous
welded rail (CWR) plan procedures and
reviewing their current internal
engineering instructions that address
inspecting CWR track to identify
conditions that increase the likelihood
of buckling of rail. To heighten
awareness of the potential consequences
of an unexpected track buckle,
particularly considering the unusually
high and prolonged, record-breaking
temperatures that affected much of the
United States in the summer of 2012,
Safety Advisory 2012–03 highlighted a
series of train accidents that were
caused by the rail buckling under severe
heat conditions (commonly referred to
as sun kinks in the rail). The number of
mainline derailments caused by track
buckles or sun kinks continues to be
unacceptable to FRA.
In addition to FRA’s Safety
Advisories, MxV Rail Service released a
Technology Digest Article earlier this
year, addressing some of the challenges
the rail industry is experiencing with
weather and heat-related track defects.2
1 Includes all other environmental conditions
such as falling trees, rockslides, ice or snow, etc.
2 MxV Rail Technology Digest TD23–015,
Climatic Impacts on Railroad Infrastructure (July
2023) (available at https://www.mxvrail.com/
technology-digest/).
VerDate Sep<11>2014
21:46 Nov 22, 2023
Jkt 262001
Recommendations
In light of the continued occurrence of
weather-related rail accidents/incidents,
FRA is making the following
recommendations to railroads:
1. Railroads should evaluate their
communication and training programs,
rules, policies, and procedures related
to severe weather and ensure those
programs are adequate to ensure
weather-related action plans can be
promptly implemented. In evaluating
these rules, policies, and procedures,
railroads should ensure preparation and
response training curriculums are up to
date and include critical information
necessary for operating personnel,
whether simulated drills are performed
to test employee response and recovery
from severe weather events, whether
employees receive sufficient training on
weather monitoring software (including
updated new training when software
enhancements are introduced); whether
policies and procedures for
communicating weather events are
adequate; whether backup
communication and dispatching
systems are present and tested regularly;
and whether evacuation and safety
plans are all-encompassing, to include
railroad personnel working in the field
and those in transit (e.g., on the rails, in
yards, and traveling on roadways).
2. Railroads should evaluate their
weather forecasting policies and
procedures. In assessing the relevant
policies and procedures, railroads
should consider integrating weather
forecasting policies and procedures (and
the outcomes from those policies and
procedures) into dispatch operations
and whether those policies and
procedures should be incorporated into
positive train control systems. Railroads
should additionally consider whether
the National Oceanic and Atmospheric
Administration (NOAA) and United
States Geological Survey (USGS)
predicting, and monitoring capabilities
are utilized adequately and consistently
within those policies and procedures.
3. Railroads should evaluate their
operating infrastructure to identify
PO 00000
Frm 00189
Fmt 4703
Sfmt 4703
11
16
40
7
49
Number of
mainline
derailments
4
10
12
0
40
critical and geographical elements
susceptible to severe weather events.
Railroads should identify operating
infrastructure sensitive to extreme
weather events and review plans and
policies to monitor the infrastructure
proactively and reactively. Railroads
should consider issues such as whether
technology can be introduced to
monitor critical infrastructure in realtime and how weather-related action
plans can be revised to establish
standardized interfaces with other
railroads, agencies, and municipalities
(e.g., United States Coast Guard and
local and State authorities) in the event
of a weather-related event. Railroads
should review and update these plans
and policies periodically and ensure
weather-related action plans address
specific risks to the identified critical
infrastructure.
4. Railroads should evaluate existing
weather-related action plans and ensure
that those plans detail the necessary
proactive planning, maintenance,
communication, and other actions
necessary to address the risks presented
by severe weather conditions. As part of
these action plans, railroads should
consider developing and implementing
an auditing program for severe weather
alert systems or other alternative
methods to ensure such systems remain
in working condition. Railroads should
ensure such systems are tested
routinely, and their functionality is
consistent with all current weatherrelated action plans.
5. Railroads should establish standard
operating thresholds to ensure their
weather-related action plans adequately
prepare for severe weather events.
Railroads should ensure sufficient rules,
policies, and procedures are
implemented and periodically reviewed
and updated to enable effective
determinations as to when it is safe to
operate in extreme weather conditions
and when it is not (considering
environmental exposures for railroad
personnel and other relevant factors).
Rules, policies, and procedures should
address weather events such as wind,
E:\FR\FM\24NON1.SGM
24NON1
82502
Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices
heat, cold, flooding, flash flooding,
tornadoes, hurricanes, fire, visibility,
snow, ice, sand drifts, earthquakes,
landslides, and environmental factors
such as the air quality index.
6. Railroads should work together to
develop best practices for utilizing
weather forecasting technologies,
predictive weather models, and
weather-related action plans throughout
the industry. In doing so, railroads
should consider how much deviation
exists between railroads related to
operational weather rules, policies, and
procedures. Railroads should consider
whether those deviations are justified
and to what extent rail safety would
benefit from industry-wide
standardization of weather-related rules,
policies, procedures, and weatherrelated action plans in general.
Railroads should also consider whether
individual railroad weather-related
rules, policies, and action plans include
adequate collaboration with tenant and
interchange railroads.
ddrumheller on DSK120RN23PROD with NOTICES1
Conclusion
FRA encourages all railroad industry
members to take actions consistent with
the recommendations of this Safety
Advisory to prevent weather-related
accidents/incidents. FRA may modify
this Safety Advisory, issue additional
VerDate Sep<11>2014
21:46 Nov 22, 2023
Jkt 262001
safety advisories, or take other
appropriate action necessary to ensure
the highest level of safety on the
Nation’s railroads, including pursuing
other corrective measures under its rail
safety authority.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2023–25924 Filed 11–22–23; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
subject to U.S. jurisdiction of these
persons are blocked, and U.S. persons
are generally prohibited from engaging
in transactions with them.
See SUPPLEMENTARY INFORMATION
section for effective date(s).
DATES:
FOR FURTHER INFORMATION CONTACT:
OFAC: Bradley T. Smith, Director, tel.:
202–622–2490; Associate Director for
Global Targeting, tel.: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
(SDN List) based on OFAC’s
determination that one or more
applicable legal criteria were satisfied.
All property and interests in property
SUMMARY:
PO 00000
Frm 00190
Fmt 4703
Sfmt 4703
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Action(s)
On November 16, 2023, OFAC
determined that the property and
interests in property subject to U.S.
jurisdiction of the following persons are
blocked under the relevant sanctions
authorities listed below.
BILLING CODE 4810–AL–P
E:\FR\FM\24NON1.SGM
24NON1
Agencies
[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Pages 82500-82502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25924]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2023-07; Review and Implement New Predictive
Weather Modeling and Proactive Safety Processes Across the National
Rail Network To Prevent Weather-Related Accidents and Incidents
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of safety advisory.
-----------------------------------------------------------------------
SUMMARY: Since the beginning of 2021, 123 rail accidents/incidents have
been reported to FRA as having been caused, in whole or in part, by
severe weather conditions or weather-related events (e.g., hurricanes,
tornadoes, wildfires, flooding, mudslides, and summer heat). These
extreme weather conditions and events not only present hazards to
railroad workers, operations and infrastructure but can also severely
impact the customers and communities relying on the railroads for
travel and transportation of critical goods. To reduce weather-related
accidents/incidents and improve the efficiency of the national rail
network during severe weather events, FRA is issuing this Safety
Advisory to recommend that railroads review existing policies,
procedures, and operating rules related to predicting, monitoring,
communicating, and operating during severe weather conditions or
subsequent to extreme weather events. FRA also recommends that
railroads collaborate to develop best practices for utilizing weather
forecasting technologies, predictive weather models, and weather-
related action plans throughout the industry.
FOR FURTHER INFORMATION CONTACT: Mr. Charles P. King, Director, Office
of Railroad Infrastructure and Mechanical Equipment, at 202-329-5031 or
[email protected].
Disclaimer: This Safety Advisory is considered guidance pursuant to
DOT Order 2100.6A (June 7, 2021). Except when referencing laws,
regulations, policies, or orders, the information in this Safety
Advisory does not have the force and effect of law and is not meant to
bind the public in any way. This document does not revise or replace
any previously issued guidance.
SUPPLEMENTARY INFORMATION:
Background
From January 2021 through the end of July 2023, there have been 123
[[Page 82501]]
accidents/incidents reported to FRA where one of the cause codes was
related to weather conditions (cause codes M102, M103, M105, M199, and
T109 on FRA Form 6180.54). Over half of these accidents/incidents were
main-track derailments. A detailed breakdown is provided below:
------------------------------------------------------------------------
Number of
Accident cause Number of mainline
incidents derailments
------------------------------------------------------------------------
M102--Extreme environmental condition-- 11 4
TORNADO................................
M103--Extreme environmental condition-- 16 10
FLOOD..................................
M105--Extreme environmental condition-- 40 12
EXTREME WIND VELOCITY..................
M199 \1\--Other extreme environmental 7 0
conditions.............................
T109--Track alignment irregular (buckled/ 49 40
sun kink)..............................
------------------------------------------------------------------------
FRA has previously issued Safety Advisories concerning weather-
related accidents/incidents. On September 4, 1997, FRA issued Safety
Advisory 97-1, recommending safety practices to reduce the risk of
casualties from train derailments caused by damage to tracks, roadbeds,
and bridges resulting from uncontrolled water flows and similar
weather-related phenomena. FRA amended Safety Advisory 97-1 on November
14, 1997, by revising the recommendation concerning the transmission of
flash flood warnings to train dispatchers or other employees
controlling the movement of trains.
---------------------------------------------------------------------------
\1\ Includes all other environmental conditions such as falling
trees, rockslides, ice or snow, etc.
---------------------------------------------------------------------------
Additionally, FRA issued Safety Advisory 2012-03 on July 16, 2012,
to remind track owners, railroads, and their employees of the
importance of complying with their continuous welded rail (CWR) plan
procedures and reviewing their current internal engineering
instructions that address inspecting CWR track to identify conditions
that increase the likelihood of buckling of rail. To heighten awareness
of the potential consequences of an unexpected track buckle,
particularly considering the unusually high and prolonged, record-
breaking temperatures that affected much of the United States in the
summer of 2012, Safety Advisory 2012-03 highlighted a series of train
accidents that were caused by the rail buckling under severe heat
conditions (commonly referred to as sun kinks in the rail). The number
of mainline derailments caused by track buckles or sun kinks continues
to be unacceptable to FRA.
In addition to FRA's Safety Advisories, MxV Rail Service released a
Technology Digest Article earlier this year, addressing some of the
challenges the rail industry is experiencing with weather and heat-
related track defects.\2\
---------------------------------------------------------------------------
\2\ MxV Rail Technology Digest TD23-015, Climatic Impacts on
Railroad Infrastructure (July 2023) (available at https://www.mxvrail.com/technology-digest/).
---------------------------------------------------------------------------
Recommendations
In light of the continued occurrence of weather-related rail
accidents/incidents, FRA is making the following recommendations to
railroads:
1. Railroads should evaluate their communication and training
programs, rules, policies, and procedures related to severe weather and
ensure those programs are adequate to ensure weather-related action
plans can be promptly implemented. In evaluating these rules, policies,
and procedures, railroads should ensure preparation and response
training curriculums are up to date and include critical information
necessary for operating personnel, whether simulated drills are
performed to test employee response and recovery from severe weather
events, whether employees receive sufficient training on weather
monitoring software (including updated new training when software
enhancements are introduced); whether policies and procedures for
communicating weather events are adequate; whether backup communication
and dispatching systems are present and tested regularly; and whether
evacuation and safety plans are all-encompassing, to include railroad
personnel working in the field and those in transit (e.g., on the
rails, in yards, and traveling on roadways).
2. Railroads should evaluate their weather forecasting policies and
procedures. In assessing the relevant policies and procedures,
railroads should consider integrating weather forecasting policies and
procedures (and the outcomes from those policies and procedures) into
dispatch operations and whether those policies and procedures should be
incorporated into positive train control systems. Railroads should
additionally consider whether the National Oceanic and Atmospheric
Administration (NOAA) and United States Geological Survey (USGS)
predicting, and monitoring capabilities are utilized adequately and
consistently within those policies and procedures.
3. Railroads should evaluate their operating infrastructure to
identify critical and geographical elements susceptible to severe
weather events. Railroads should identify operating infrastructure
sensitive to extreme weather events and review plans and policies to
monitor the infrastructure proactively and reactively. Railroads should
consider issues such as whether technology can be introduced to monitor
critical infrastructure in real-time and how weather-related action
plans can be revised to establish standardized interfaces with other
railroads, agencies, and municipalities (e.g., United States Coast
Guard and local and State authorities) in the event of a weather-
related event. Railroads should review and update these plans and
policies periodically and ensure weather-related action plans address
specific risks to the identified critical infrastructure.
4. Railroads should evaluate existing weather-related action plans
and ensure that those plans detail the necessary proactive planning,
maintenance, communication, and other actions necessary to address the
risks presented by severe weather conditions. As part of these action
plans, railroads should consider developing and implementing an
auditing program for severe weather alert systems or other alternative
methods to ensure such systems remain in working condition. Railroads
should ensure such systems are tested routinely, and their
functionality is consistent with all current weather-related action
plans.
5. Railroads should establish standard operating thresholds to
ensure their weather-related action plans adequately prepare for severe
weather events. Railroads should ensure sufficient rules, policies, and
procedures are implemented and periodically reviewed and updated to
enable effective determinations as to when it is safe to operate in
extreme weather conditions and when it is not (considering
environmental exposures for railroad personnel and other relevant
factors). Rules, policies, and procedures should address weather events
such as wind,
[[Page 82502]]
heat, cold, flooding, flash flooding, tornadoes, hurricanes, fire,
visibility, snow, ice, sand drifts, earthquakes, landslides, and
environmental factors such as the air quality index.
6. Railroads should work together to develop best practices for
utilizing weather forecasting technologies, predictive weather models,
and weather-related action plans throughout the industry. In doing so,
railroads should consider how much deviation exists between railroads
related to operational weather rules, policies, and procedures.
Railroads should consider whether those deviations are justified and to
what extent rail safety would benefit from industry-wide
standardization of weather-related rules, policies, procedures, and
weather-related action plans in general. Railroads should also consider
whether individual railroad weather-related rules, policies, and action
plans include adequate collaboration with tenant and interchange
railroads.
Conclusion
FRA encourages all railroad industry members to take actions
consistent with the recommendations of this Safety Advisory to prevent
weather-related accidents/incidents. FRA may modify this Safety
Advisory, issue additional safety advisories, or take other appropriate
action necessary to ensure the highest level of safety on the Nation's
railroads, including pursuing other corrective measures under its rail
safety authority.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2023-25924 Filed 11-22-23; 8:45 am]
BILLING CODE 4910-06-P