Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 67433 

BILLING CODE 4910–06–C 

Recommended Actions 

To ensure the safety of the Nation’s 

railroads, their employees, and the 

general public, FRA recommends that 

railroads take the following actions: 

(1) Inspect king pin assemblies in 

highway-rail grade crossing warning 

systems and replace all worn 

components. 

(2) Develop inspection and 

maintenance programs for king pin 

assemblies that incorporate 

maintenance procedures recommended 

by the manufacturer (if applicable), 

including lubrication of king pin 

assemblies to reduce wear and tear on 

the components. These inspection and 

maintenance programs should include 

periodic inspections of the king pin 

assembly with the crossing gate 

removed, as well as inspection of the 

king pin assembly each time the 

crossing gate is re-hung or replaced. 

These inspection and maintenance 

programs should also address the 

replacement of worn components and 

give special consideration to highwayrail grade crossing warning systems that 

are exposed to high levels of salt, which 

can cause corrosion. 

(3) Issue instructions requiring 

employees to stay clear of descending 

crossing gates until fully lowered and to 

discuss potential failure of the king pin 

assembly in job safety briefings, when 

applicable. Railroads should also issue 

instructions requiring employees to 

warn others to stay clear of descending 

crossing gates until fully lowered. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2023–21289 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2023–06; Roadway 

Maintenance Machines—Importance of 

Clear Communications and 

Compliance With Applicable Rules and 

Procedures 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of safety advisory. 

SUMMARY: FRA is issuing Safety 

Advisory 2023–06 to emphasize the 

importance of rules and procedures 

regarding the safety of roadway workers 

who operate or work near roadway 

maintenance machines (RMM). This 

safety advisory recommends that 

railroads and contractors review and 

update their rules regarding the safety of 

roadway workers who operate or work 

near RMMs, communicate those 

changes to their employees, and monitor 

their employees for compliance with 

existing rules and procedures and 


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Figure 7-Roll pin crack on king pin 
67434 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

updated rules and procedures, if 

implemented. In addition, this safety 

advisory recommends that railroads and 

contractors conduct additional safety 

briefings to raise workers’ 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, telephone 

(202) 493–6460. 

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 

FRA is concerned about the incidents 

in the past few years resulting in 

fatalities of two roadway workers struck 

by RMMs on main line track. 

Information regarding these incidents, 

discussed below, is based on FRA’s 

preliminary findings and the respective 

railroad’s latest reporting. This safety 

advisory is not intended to attribute a 

cause to these incidents or place 

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 August 2023, an RMM struck and 

fatally injured a contractor working on 

the Housatonic Railroad Company’s 

main line. FRA’s preliminary 

investigation shows that at the time of 

his injury, the contractor was part of a 

four-person work group. The work 

group consisted of two machine 

operators (each operating an RMM) and 

two roadway workers (each working on 

one of the RMMs). Before the incident, 

one of the RMMs (RMM–1) left the work 

area and traveled south to conduct 

repairs. 

While waiting for RMM–1 to return, 

the remaining two roadway workers on 

the other RMM (RMM–2), including the 

worker who was subsequently fatally 

injured, dismounted RMM–2 to clear 

ballast away from the tie plates in 

preparation for the drilling and lag 

screw installation. One roadway worker 

used his hands to remove the ballast, 

while the other used a backpack blower. 

When RMM–1 returned to the work site, 

the worker using the backpack blower 

did not clear the track and was struck 

by RMM–1 when he did not respond to 

its approach. 

In December 2021, a contractor 

working on the Norfolk Southern (NS) 

was fatally injured when struck by an 

RMM while working on the main line. 

The contractor was working with an NS 

rail gang and was marking rail for 

pickup and had started walking in the 

gauge of the track when the machine 

operator of the RMM made a backup 

move. The machine operator did not see 

the contractor walking in the gauge of 

the track and struck the contractor. 

These incidents represent the worstcase scenario that can occur when 

roadway workers are working on or near 

RMMs. These incidents highlight the 

need for railroads to examine their rules 

and procedures for protecting roadway 

workers who operate or work near 

RMMs. 

Recommendations 

In light of the above discussion, FRA 

recommends that railroads and railroad 

contractors: 

1. Review, update, and communicate 

applicable rules and procedures related 

to the operation of RMMs to ensure the 

safety of roadway workers who operate 

and work with or around the machines. 

2. Increase monitoring 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 paragraph (1)), 

particularly those involving the 

operation of RMMs and roadway 

workers working on and in the vicinity 

of RMMs. 

3. Conduct additional safety briefings 

to raise workers’ awareness of the 

hazards associated with operating and 

working around RMMs. 

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. 2023–21497 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2023–0143] 

Agency Information Collection 

Activities: Requests for Comments; 

Clearance of a Renewed Approval of 

Information Collection(s): Procedures 

for Transportation Workplace Drug and 

Alcohol Testing Programs (ICR 2105– 

0529) 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) invites public 

comments about our intention to request 

Office of Management and Budget 

(OMB) approval to renew information 

collection 2105–0529, Procedures for 

Transportation Drug and Alcohol 

Testing Program (ICR 2105–0529). The 

information to be collected will be used 

to document tests conducted and 

actions taken to ensure safety in the 

workplace and/or are necessary under 

the Omnibus Transportation Employee 

Testing Act of 1991, which requires 

DOT to implement a drug and alcohol 

testing program in various 

transportation-related industries. DOT is 

required to publish this notice in the 

Federal Register in accordance with the 

Paperwork Reduction Act of 1995. 

DATES: Comments to this notice must be 

received by November 28, 2023. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Website: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the DOT electronic docket site. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail or Hand Delivery: Docket 

Management Facility, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except on Federal holidays. 

Instructions: You must include the 

agency name and docket number [DOT– 

OST–2023–0143] of this notice at the 

beginning of your comment. Note that 

all comments received will be posted 

without change to http://

www.regulations.gov including any 

personal information provided. Please 

see the Privacy Act section of this 

document. 

Docket: You may view the public 

docket through the internet at http:// 


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