Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 62623 

1https://railroads.dot.gov/elibrary/mechanicalinspections-and-wheel-impact-load-detectorstandards-trains-transporting-large. 

agency, set the daily traffic volume limit 

at 499 in 1996 (54 FR 33230). 

The ELDT regulations, implemented 

on February 7, 2022, and set forth in 49 

CFR 380, subparts F and G, established 

minimum training standards for 

individuals applying for certain CDLs 

and defined curriculum standards for 

theory and BTW training. The ELDT 

curriculum in 49 CFR part 380, 

appendix A, section A3.1, requires Class 

A CDL applicants to demonstrate 

proficiency in proper techniques for 

initiating vehicle movement, executing 

left and right turns, changing lanes, 

navigating curves at speed, entry and 

exit on the interstate or controlled 

access highway, and stopping the 

vehicle in a controlled manner. Under 

49 CFR 380.603(a)(2), drivers issued a 

restricted CDL by the State of Alaska are 

exempt from the ELDT requirements. 

Applicant’s Request 

Alaska’s Ice Road Driving School 

seeks an exemption from the 

requirements, set forth in 49 CFR part 

380, Appendices A and B, that driver 

trainees seeking a Class A or Class B 

CDL demonstrate proficiency in BTW 

maneuvers related to entering the on 

ramp, exiting the off ramp, right turns, 

and left turns. The applicant states that 

due to Alaska’s unique road system they 

believe that the exemption would 

benefit Alaska’s driver training schools 

and give them confidence to take on 

prospective students and complete the 

required BTW training safely. Alaska’s 

Ice Road Driving School requests the 

exemption regarding routing 

prescriptions that are specific to exact 

off and on ramps, and right and left 

turns, adding that it will aid in the safe 

administration of road tests by the 

Alaska State Department of Motor 

Vehicles. The applicant seeks the 

exemption on behalf of itself and all 

State and local commercial driving 

schools in Alaska as well as individuals 

qualified as third-party testers in the 

State of Alaska. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

Alaska’s Ice Road Driving School 

believes that the specified portions of 

the ELDT regulation could be waived 

safely by allowing the school and the 

State of Alaska to prescribe routes based 

upon the area in which the road skills 

exam would be administered. The 

applicant further believes that the road 

skills test for a CDL applicant can safely 

be administered by the State test 

examiner as set routes can be 

established and approved without the 

CDL applicant completing certain 

portions of the mandatory BTW 

training. 

V. Public Comments 

On April 20, 2023, FMCSA published 

Alaska’s Ice Road Driving School’s 

application and requested public 

comment [88 FR 24463]. The Agency 

received no comments in response to 

the notice. 

VI. FMCSA Safety Analysis and 

Decision 

FMCSA evaluated Alaska’s Ice Road 

Driving School application and denies 

the exemption request. The applicant 

failed to establish that they would 

maintain a level of safety equivalent to, 

or greater than, the level achieved 

without the exemption. Granting the 

exemption would result in drivers 

receiving a CDL even though they had 

not demonstrated proficiency in the 

three driving skills from which 

exemption is requested. In addition, on 

December 28, 2022, the Agency granted 

an exemption to the State of Alaska [87 

FR 79932] which allows the State to 

waive specified portions of the CDL 

skills test for drivers in 14 defined 

geographical areas that lack 

infrastructure to allow completion of the 

full skills test. Drivers who receive a 

restricted CDL under the provisions of 

the 2022 exemption are also exempt 

from the ELDT regulations. The relief 

requested by Alaska’s Ice Road Driving 

School falls within the scope of that 

exemption to the extent that drivers 

would not be subject to ELDT 

requirements if, pursuant to the 2022 

exemption, they received a restricted 

CDL allowing them to operate a 

commercial motor vehicle only within 

14 designated geographical areas of the 

State. This exemption for the State of 

Alaska is effective from December 28, 

2022, through December 30, 2024. The 

Agency does not believe it is 

appropriate to grant a State-wide 

exemption when the previous 

exemption provides a targeted solution 

in 14 specific regions of the State where 

there are challenges to achieving full 

compliance with the rules. In addition, 

there were no comments filed in 

support of Alaska’s Ice Road Driving 

School’s request. 

For the above reasons, Alaska’s Ice 

Road Driving School’s exemption 

application is denied. 

Earl Stanley Adams, Jr., 

Deputy Administrator. 

[FR Doc. 2023–19614 Filed 9–11–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2023–04; High-Impact 

Wheels Causing Damage to Rails and 

Track Structures 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of safety advisory. 

SUMMARY: This Safety Advisory 

recommends railroads utilize Wheel 

Impact Load Detectors (WILD) to 

properly identify and replace highimpact railcar wheels that could cause 

significant damage to rails and 

supporting track structures. FRA’s 

preliminary investigation of a recent 

train derailment in Gothenburg, 

Nebraska, indicates that high-impact 

wheels damaged the rail the train was 

operating over and caused the 

derailment. Current industry practices 

for using WILDs to identify and replace 

high-impact wheels could help prevent 

such incidents in the future. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles P. King, Director, Office of 

Railroad Infrastructure and Mechanical 

Equipment, at telephone: 202–329–5031 

or email: 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: 

Background 

In 2015, FRA issued Safety Advisory 

2015–01 recommending, among other 

things, the use of WILDs to improve 

safety,1 recognizing the potential value 

of these wayside detection systems, if 

they are appropriately installed, 

maintained, and utilized. FRA 

recommended railroads continue to 

install and maintain WILDs along 

certain routes and monitor their 

measurements to determine when to 

replace wheels. In that Safety Advisory, 

FRA also recommended that railroads 

lower the impact threshold for action to 

replace the wheels on any car in a highhazard flammable train. 

WILDs supplement, and do not 

substitute, the existing wheel 


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62624 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 

2See, e.g., 49 CFR 215.103, 229.73, 229.75. 

regulations 2 that focus on preventing 

broken wheels and other wheel failures. 

WILD measurements are intended to 

focus more on the interaction between 

the wheels and the rail and prevent 

broken rails and other rail failures. 

WILDs are designed to measure the 

impact of a railcar’s wheels on the rail 

and alert the operating railroad and car 

owner when wheels have a high impact. 

WILDs measure this impact on the rail 

in KIPs (1,000 pounds-force). Highimpact wheels (generally considered to 

be more than 90 KIPs) are typically 

caused by a flat spot or other wheel 

defect. If not addressed, high-impact 

wheels can damage rail and track 

structures and cause a derailment. 

On February 21, 2023, 30 freight cars 

carrying coal derailed in a train in 

Gothenburg, Nebraska. FRA’s 

preliminary investigation indicates the 

derailment was likely caused by highimpact wheels breaking a track joint bar. 

Records from FRA’s investigation show 

one of the freight cars had a WILD 

measurement of 130.6 KIPs when it 

operated over the track joint bar that 

was found broken. Records also show 

this freight car continued to operate for 

several months prior to the derailment 

after its high-impact wheels were 

identified by WILDs. WILD 

measurements showed high-impact 

wheels in November and December 

2022, and again in January 2023. During 

its investigation, FRA also identified 

eight other freight cars in the derailed 

train with high-impact wheels. 

Recommendations 

In light of the Gothenburg, Nebraska, 

accident, FRA recommends railroads 

and contractors continue to use WILDs 

to help identify and replace high-impact 

wheels according to railroad current 

industry practices. Specifically, wheels 

with a WILD measurement greater than 

80 KIPs should be replaced when in a 

repair shop, and wheels with a WILD 

measurement greater than 90 KIPs 

should be replaced when found in any 

other location in service. In addition, 

railroads should review procedures for 

identifying dynamic ratios to help 

predict high-impact wheels when cars 

are loaded. A dynamic ratio is the ratio 

of a WILD measurement of a loaded 

railcar compared to when it is empty. 

The peak impact is the highest WILD 

measurement recorded. The impact 

measurement varies during operation 

due to the changing operating 

environment, including changes in 

speed. Wheels should be replaced when 

an empty railcar with a dynamic ratio of 

5 or higher has a preceding peak impact 

greater than 100 KIPs. Replacement at 

such time will reduce or eliminate 

further damage to the freight car’s 

wheels, rails, and track structures. In 

addition, FRA recommends railroads 

and contractors review this Safety 

Advisory with employees to increase 

their awareness of the possible 

consequences of allowing freight cars 

with high-impact wheels to continue to 

operate. 

Conclusion 

FRA encourages all railroad industry 

members to take actions consistent with 

the recommendations of this Safety 

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. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2023–19677 Filed 9–11–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[DOT–OST–2023–0137] 

Advisory Committee on Transportation 

Equity (ACTE); Notice of Public 

Meeting 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice of public meeting. 

SUMMARY: DOT OST announces a 

meeting of ACTE, which will take place 

via videoconference. 

DATES: The meeting will be held Friday, 

September 22, 2023, from 2:30 to 4:30 

p.m. Eastern Time. Requests for 

accommodations because of a disability 

must be received by Friday, September 

15. Requests to submit questions must 

be received no later than Friday, 

September 15. 

ADDRESSES: The meeting will be held 

via videoconference. Those members of 

the public who would like to participate 

virtually should go to https://

www.transportation.gov/civil-rights/ 

acte/meetinginfo to access the meeting, 

a detailed agenda for the entire meeting, 

meeting minutes, and additional 

information on ACTE and its activities. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Norman, Senior Advisor, 

Departmental Office of Civil Rights and 

Warner Dixon, Special Assistant for 

Civil Rights, Departmental Office of 

Civil Rights, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

(202) 934–2380, ACTE@dot.gov. Any 

ACTE-related request or submissions 

should be sent via email to the points 

of contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

Purpose of the Committee 

ACTE was established to provide 

independent advice and 

recommendations to the Secretary of 

Transportation about comprehensive, 

interdisciplinary issues related to civil 

rights and transportation equity in the 

planning, design, research, policy, and 

advocacy contexts from a variety of 

transportation equity practitioners and 

community leaders. Specifically, the 

Committee will provide advice and 

recommendations to inform the 

Department’s efforts to: 

Implement the Agency’s Equity 

Action Plan and Strategic Plan, helping 

to institutionalize equity into Agency 

programs, policies, regulations, and 

activities: 

Strengthen and establish partnerships 

with overburdened and underserved 

communities who have been historically 

underrepresented in the Department’s 

outreach and engagement, including 

those in rural and urban areas: 

Empower communities to have a 

meaningful voice in local and regional 

transportation decisions; and 

Ensure the compliance of Federal 

funding recipients with civil rights laws 

and nondiscrimination programs, 

policies, regulations, and activities. 

Meeting Agenda 

The agenda for the meeting will 

consist of: 

An inauguration of the ACTE members 

An overview of the ACTE charter 

An overview of the role and impact of 

ACTE members 

Remarks from Secretary Buttigieg 

An overview of ACTE focus areas 

A discussion on collaborative 

approaches and transparency 

Concluding remarks 

Meeting Participation 

Advance registration is required. 

Please register at https://

www.transportation.gov/civil-rights/ 

acte/meetinginfo by the deadline 

referenced in the DATES section. The 

meeting will be open to the public for 

its entirety. The U.S. Department of 

Transportation is committed to 

providing equal access to this meeting 

for all participants. If you need 

alternative formats or services because 


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