82500 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 

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 2- 

year 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 

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 

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 

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 

From January 2021 through the end of 

July 2023, there have been 123 


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Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 82501 

1 Includes all other environmental conditions 

such as falling trees, rockslides, ice or snow, etc. 

2MxV Rail Technology Digest TD23–015, 

Climatic Impacts on Railroad Infrastructure (July 

2023) (available at https://www.mxvrail.com/ 

technology-digest/). 

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 maintrack derailments. A detailed 

breakdown is provided below: 

Accident cause Number of 

incidents 

Number of 

mainline 

derailments 

M102—Extreme environmental condition—TORNADO .......................................................................................... 11 4 

M103—Extreme environmental condition—FLOOD ................................................................................................ 16 10 

M105—Extreme environmental condition—EXTREME WIND VELOCITY ............................................................. 40 12 

M199 1—Other extreme environmental conditions .................................................................................................. 7 0 

T109—Track alignment irregular (buckled/sun kink) ............................................................................................... 49 40 

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

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 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, 


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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. 

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 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: 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 

subject to U.S. jurisdiction of these 

persons are blocked, and U.S. persons 

are generally prohibited from engaging 

in transactions with them. 

DATES: See SUPPLEMENTARY INFORMATION

section for effective date(s). 

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: 

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 


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