Safety Advisory 2024-01; Roadway Maintenance Machines-Importance of Communications and Compliance With Red Zone Procedures, 83940-83941 [2024-24118]

Download as PDF 83940 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following four applicants do not meet the eligibility criteria or meet the terms and conditions of the Federal exemption: Paul Hoover (PA) Paris Nooner (IN) Jesus Perez (IL) Kevin Young (AL) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–24101 Filed 10–17–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Safety Advisory 2024–01; Roadway Maintenance Machines—Importance of Communications and Compliance With Red Zone Procedures Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of safety advisory. AGENCY: FRA is issuing Safety Advisory 2024–01 to emphasize the importance of rules and procedures regarding the safety of roadway workers who operate or work near roadway maintenance machines (RMMs). This safety advisory recommends that railroads and contractors review and update their rules regarding communication between roadway workers who work near RMMs and the operators of those RMMs, and increase monitoring of their employees for compliance with existing rules and procedures (including through operational testing). This safety advisory also recommends that railroads review and update their rules regarding work/ red zones and evaluate the work/red zone distances for each type of RMM. In addition, this safety advisory recommends that railroads and contractors conduct additional safety briefings to raise worker awareness of the hazards associated with operating and working around RMMs. FOR FURTHER INFORMATION CONTACT: YuJiang Zhang, Staff Director, Track and Structures Division, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, at khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 telephone: (202) 493–6460, or email: yujiang.zhang@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: Background In September 2023, FRA issued Safety Advisory 2023–06, titled Roadway Maintenance Machines—Importance of Clear Communications and Compliance with Applicable Rules and Procedures. FRA addressed two accidents in that Safety Advisory, each involving a railroad contractor working on a main line and being fatally injured by an RMM. In Safety Advisory 2023–06, FRA recommended that railroads and contractors review and update their rules regarding the safety of roadway workers who operate or work near RMMs, communicate any resulting changes to their employees, and increase monitoring of roadway workers, railroad employees, and contractors for compliance with all applicable rules and procedures. To date, in calendar year 2024, two roadway workers have been fatally injured while working in the vicinity of RMMs. This Safety Advisory is based on FRA’s preliminary findings and the respective railroads’ latest reporting and is not intended to attribute a cause or assign responsibility for these incidents on the acts or omissions of any person or entity. The following is a summary of the circumstances involved in the incidents: In February 2024, an RMM struck and fatally injured a track foreman working on CSX’s main line in Roanoke Rapids, North Carolina. FRA’s preliminary investigation shows that at the time the incident, the track foreman was part of a four-person work group tasked to flag a highway-rail grade crossing for a ballast regulator that would be entering the crossing. When the work group arrived at the crossing, the track foreman walked to the north of the ballast regulator and stood in the gage of the track approximately seventeen feet from the ballast regulator. As the ballast regulator moved north to pull ballast into the track, the foreman was not visible to the operator of the ballast regulator and the machine struck and fatally injured the track foreman. In April 2024, a Union Pacific manager was fatally injured when he PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 was struck by an RMM while working on the main line in McNeil, Arkansas.1 The manager was serving as the roadway worker in charge (RWIC) of a work group filling areas along an embankment with ballast. The RWIC was directing the on-track operations of a track-hoe excavator (e.g., instructing the excavator operator where to dump ballast). The RWIC positioned himself alongside the excavator, which was in a blind spot of the operator, and was struck and fatally injured by the bucket while it was being retracted. These incidents represent the worstcase scenario that can occur when roadway workers are working on or near RMMs. These incidents highlight the continued need for railroads to examine their rules and procedures for protecting roadway workers who operate or work near RMMs and the need for roadway workers to be vigilant in maintaining a safe distance from any operating RMM. Recommendations Considering the above discussion, FRA recommends that railroads and railroad contractors: 1. Review and update work/red zone procedures 2 to: a. Address differences in sight distances and line of sight for different types of RMMs; and b. Prohibit a roadway worker from entering the work/red zone of any RMM unless communication is established and maintained between that roadway worker and the RMM operator. 2. Ensure work/red zones are discussed in job briefings anytime an RMM will be part of a work group. 3. Increase monitoring (including operational testing under 49 CFR part 217) of roadway workers, railroad employees, and contractors for compliance with all existing applicable rules and procedures (and any updated rules and procedures to result from paragraphs (1 and 2)), particularly those involving the operation of RMMs and roadway workers working on and in the vicinity of RMMs. 4. Conduct additional safety briefings to raise worker awareness of the hazards associated with operating and working around RMMs. 5. Review Safety Advisory 2023–06; Roadway Maintenance Machines— 1 FRA issued a Safety Bulletin in response to this incident. See Safety Bulletin 2024–03 (available at https://railroads.dot.gov/elibrary/safety-bulletin2024-03-employee-fatality-working-around-trackequipment). 2 Although individual railroads define the ‘‘work zone’’ or ‘‘red zone’’ surrounding RMMs differently, generally the ‘‘work zone’’ or ‘‘red zone’’ is the area surrounding the RMM, which, if entered by an individual creates the potential for injury as a result of being struck by the equipment. E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices Importance of Clear Communications and Compliance with Applicable Rules and Procedures during the additional safety briefings. FRA considers this Safety Advisory responsive to NTSB Safety Recommendation R–23–23 3 and FRA encourages all railroad industry members to take actions consistent with the recommendations of this Advisory. 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. 2024–24118 Filed 10–17–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Maritime Administration Voluntary Intermodal Sealift Agreement; Extension and Modification Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: The Maritime Administration (MARAD) announces the extension of the Voluntary Intermodal Sealift Agreement (VISA) until October 1, 2029, pursuant to Section 708 of the Defense Production Act of 1950, as amended. VISA is intended to make intermodal shipping services/systems, including ships, ships’ space, intermodal facilities and equipment, and related management services, available to the Department of Defense (DoD) as required to support the emergency deployment and sustainment of U.S. Armed Forces through cooperation among the maritime industry, the Department of Transportation (DOT), and DoD. In addition to extending VISA for an additional 5 years for existing participants, MARAD is modifying VISA for new applicants by making certain modifications to the Agreement, including clarification of what is meant by shipping services/systems, and the required vessel certifications for khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: 3 NTSB Safety Recommendation R–23–23 recommends that FRA ‘‘[i]ssue a safety alert to railroads regarding the importance of establishing roadway maintenance machine standoff distances that take into account the ability of an operator to see a worker or object in the track gauge behind a roadway maintenance machine.’’ VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 program entry. MARAD has also updated references to authorities and statutory and regulatory citations. DATES: This agreement will be effective on October 1, 2024, superseding the existing VISA agreement, as published in the Federal Register on October 29, 2014 (79 FR 64462–70) and renewed on September 30, 2019 (84 FR 51710–11). FOR FURTHER INFORMATION CONTACT: David J. Hatcher, Office of Sealift Support, Room W25–310, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366–0688, Fax (202) 366–5904. SUPPLEMENTARY INFORMATION: Section 708 of the Defense Production Act of 1950, as amended (50 U.S.C. 4558) (DPA Sec. 708), authorizes the President to consult with representatives of industry, business, finance, agriculture, labor, and other interests to establish voluntary emergency preparedness agreements, following a finding that conditions exist which may pose a direct threat to the national defense or its preparedness programs. It further authorizes the President to delegate that authority to individuals who are appointed by and with the advice and consent of the Senate, upon the condition that such individuals obtain the prior approval of the Attorney General after the Attorney General’s consultation with the Federal Trade Commission (FTC). Section 401 of Executive Order (E.O.) 13603 (Mar. 16, 2012) delegated this authority of the President to the Secretary of Transportation (SecTrans), among others. In accordance with 49 CFR 1.93(l), SecTrans delegated VISA’s sponsorship authority to the Maritime Administrator, in consultation and coordination with the DOT’s Office of Intelligence, Security and Emergency Response. Through advance arrangements in joint planning, VISA participants will provide capacity to support a significant portion of surge and sustainment requirements in the deployment of U.S. military forces during a time of war or national emergency, or whenever the Secretary of Defense (or delegate) determines that it is necessary for national security or contingency operations. The text of VISA was first published in the Federal Register on February 13, 1997, effective for an initial two-year term expiring on February 13, 1999 (62 FR 6838–46). The VISA document had been extended and subsequently published in the Federal Register every two years. Effective September 30, 2009, Congress amended DPA Sec. 708 to note that each voluntary agreement expires five (5) years after the date it becomes effective. MARAD updated the VISA PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 83941 agreement language most recently in 2014, as published in the Federal Register on October 29, 2014 (79 FR 64462–70), and extended the effective period of that language by five years until October 1, 2024, by notice in the Federal Register on September 30, 2019 (84 FR 51710–11). The agreement published in this notice incorporates, among other changes: (1) updates to vessel eligibility requirements, as first published in the Federal Register on January 31, 2018 (83 FR 4552–54); (2) changes to the requirements for coastwise trading waivers under 46 U.S.C. 501, pursuant to statutory amendments enacted in 2021 and 2022; (3) clarifications of certain definitions and obligations on VISA stakeholders; and (4) certain non-substantive clerical updates. In accordance with DPA Sec. 708(f)(2), the Maritime Administrator continues to find that VISA is necessary to respond to direct threats to the national defense or its preparedness programs, and sought a concurrent finding from the Assistant Attorney General for the Antitrust Division, Department of Justice (whose authority has been delegated from the Attorney General in accordance with 28 CFR 0.40(l)), in consultation with the Chair of the Federal Trade Commission, that the objectives of VISA may not be reasonably achieved through either a voluntary plan having fewer anticompetitive effects or the absence of such a voluntary agreement or plan of action. By notice in the Federal Register on October 2, 2024 (89 FR 80264–65), the Assistant Attorney General for the Antitrust Division, Department of Justice, in consultation with the Chair of the Federal Trade Commission, made such a concurrent finding on September 26, 2024. Therefore, in accordance with DPA Sec. 708(f)(2), VISA may be extended for another five-year term. The text published herein supersedes the 2014 language, as renewed in 2019, for an effective period of five years, ending October 1, 2029. Copies of this agreement will be made available to the public upon request. Voluntary Intermodal Sealift Agreement (VISA) Table of Contents Definitions Preface I. Purpose II. Authorities A. MARAD B. USTRANSCOM III. General A. Concept B. Responsibilities E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83940-83941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24118]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Safety Advisory 2024-01; Roadway Maintenance Machines--Importance 
of Communications and Compliance With Red Zone Procedures

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of safety advisory.

-----------------------------------------------------------------------

SUMMARY: FRA is issuing Safety Advisory 2024-01 to emphasize the 
importance of rules and procedures regarding the safety of roadway 
workers who operate or work near roadway maintenance machines (RMMs). 
This safety advisory recommends that railroads and contractors review 
and update their rules regarding communication between roadway workers 
who work near RMMs and the operators of those RMMs, and increase 
monitoring of their employees for compliance with existing rules and 
procedures (including through operational testing). This safety 
advisory also recommends that railroads review and update their rules 
regarding work/red zones and evaluate the work/red zone distances for 
each type of RMM. In addition, this safety advisory recommends that 
railroads and contractors conduct additional safety briefings to raise 
worker awareness of the hazards associated with operating and working 
around RMMs.

FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track 
and Structures Division, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue SE, Washington, DC 20590, at telephone: (202) 493-6460, 
or email: [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

    In September 2023, FRA issued Safety Advisory 2023-06, titled 
Roadway Maintenance Machines--Importance of Clear Communications and 
Compliance with Applicable Rules and Procedures. FRA addressed two 
accidents in that Safety Advisory, each involving a railroad contractor 
working on a main line and being fatally injured by an RMM. In Safety 
Advisory 2023-06, FRA recommended that railroads and contractors review 
and update their rules regarding the safety of roadway workers who 
operate or work near RMMs, communicate any resulting changes to their 
employees, and increase monitoring of roadway workers, railroad 
employees, and contractors for compliance with all applicable rules and 
procedures.
    To date, in calendar year 2024, two roadway workers have been 
fatally injured while working in the vicinity of RMMs. This Safety 
Advisory is based on FRA's preliminary findings and the respective 
railroads' latest reporting and is not intended to attribute a cause or 
assign responsibility for these incidents on the acts or omissions of 
any person or entity.
    The following is a summary of the circumstances involved in the 
incidents:
    In February 2024, an RMM struck and fatally injured a track foreman 
working on CSX's main line in Roanoke Rapids, North Carolina. FRA's 
preliminary investigation shows that at the time the incident, the 
track foreman was part of a four-person work group tasked to flag a 
highway-rail grade crossing for a ballast regulator that would be 
entering the crossing. When the work group arrived at the crossing, the 
track foreman walked to the north of the ballast regulator and stood in 
the gage of the track approximately seventeen feet from the ballast 
regulator. As the ballast regulator moved north to pull ballast into 
the track, the foreman was not visible to the operator of the ballast 
regulator and the machine struck and fatally injured the track foreman.
    In April 2024, a Union Pacific manager was fatally injured when he 
was struck by an RMM while working on the main line in McNeil, 
Arkansas.\1\ The manager was serving as the roadway worker in charge 
(RWIC) of a work group filling areas along an embankment with ballast. 
The RWIC was directing the on-track operations of a track-hoe excavator 
(e.g., instructing the excavator operator where to dump ballast). The 
RWIC positioned himself alongside the excavator, which was in a blind 
spot of the operator, and was struck and fatally injured by the bucket 
while it was being retracted.
---------------------------------------------------------------------------

    \1\ FRA issued a Safety Bulletin in response to this incident. 
See Safety Bulletin 2024-03 (available at https://railroads.dot.gov/elibrary/safety-bulletin-2024-03-employee-fatality-working-around-track-equipment).
---------------------------------------------------------------------------

    These incidents represent the worst-case scenario that can occur 
when roadway workers are working on or near RMMs. These incidents 
highlight the continued need for railroads to examine their rules and 
procedures for protecting roadway workers who operate or work near RMMs 
and the need for roadway workers to be vigilant in maintaining a safe 
distance from any operating RMM.

Recommendations

    Considering the above discussion, FRA recommends that railroads and 
railroad contractors:
    1. Review and update work/red zone procedures \2\ to:
---------------------------------------------------------------------------

    \2\ Although individual railroads define the ``work zone'' or 
``red zone'' surrounding RMMs differently, generally the ``work 
zone'' or ``red zone'' is the area surrounding the RMM, which, if 
entered by an individual creates the potential for injury as a 
result of being struck by the equipment.
---------------------------------------------------------------------------

    a. Address differences in sight distances and line of sight for 
different types of RMMs; and
    b. Prohibit a roadway worker from entering the work/red zone of any 
RMM unless communication is established and maintained between that 
roadway worker and the RMM operator.
    2. Ensure work/red zones are discussed in job briefings anytime an 
RMM will be part of a work group.
    3. Increase monitoring (including operational testing under 49 CFR 
part 217) of roadway workers, railroad employees, and contractors for 
compliance with all existing applicable rules and procedures (and any 
updated rules and procedures to result from paragraphs (1 and 2)), 
particularly those involving the operation of RMMs and roadway workers 
working on and in the vicinity of RMMs.
    4. Conduct additional safety briefings to raise worker awareness of 
the hazards associated with operating and working around RMMs.
    5. Review Safety Advisory 2023-06; Roadway Maintenance Machines--

[[Page 83941]]

Importance of Clear Communications and Compliance with Applicable Rules 
and Procedures during the additional safety briefings.
    FRA considers this Safety Advisory responsive to NTSB Safety 
Recommendation R-23-23 \3\ and FRA encourages all railroad industry 
members to take actions consistent with the recommendations of this 
Advisory. 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.
---------------------------------------------------------------------------

    \3\ NTSB Safety Recommendation R-23-23 recommends that FRA 
``[i]ssue a safety alert to railroads regarding the importance of 
establishing roadway maintenance machine standoff distances that 
take into account the ability of an operator to see a worker or 
object in the track gauge behind a roadway maintenance machine.''

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-24118 Filed 10-17-24; 8:45 am]
BILLING CODE 4910-06-P
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