Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices 83939 

being operated in such a condition as to 

likely cause an accident or breakdown 

of the vehicle. Section 392.7(a) requires 

each CMV driver to satisfy himself/ 

herself that a vehicle is in safe condition 

before operating the vehicle, which 

would include ensuring that the rearvision mirrors (or in this case, the 

Smart-Vision system)—are in good 

working order. Similarly, section 

396.13(a) of the FMCSRs requires that, 

before driving a vehicle, a driver must 

be satisfied that the vehicle is in safe 

operating condition. If the Smart-Vision 

system (effectively functioning as the 

rear vision mirrors) fails during 

operation, the driver must complete a 

driver vehicle inspection report at the 

completion of the workday as required 

by section 396.11 of the FMCSRs, and 

the motor carrier must ensure that the 

defect is corrected. 

Application for Renewal of Exemption 

In its renewal application, VSNA 

reiterated its previous statements in 

support of the original exemption 

request. Since the exemption was 

granted in 2020, the Smart-Vision 

system has been installed on 15,000 

vehicles worldwide, logging millions of 

miles. In North America, approximately 

700 CMVs are currently equipped with 

the Smart-Vision system, and VSNA 

forecasts that an additional 1,500 CMVs 

will be equipped with the technology by 

2025. A copy of VSNA’s request to 

renew the exemption is available in the 

docket. 

IV. Applicant’s Method To Ensure an 

Equivalent or Greater Level of Safety 

VSNA states that its commitment to 

safety remains unchanged and 

emphasized that in the five years since 

the original exemption was granted, the 

use of Smart-Vision as an alternative to 

the two rear-vision mirrors required by 

49 CFR 393.80(a) has demonstrated a 

level of safety equivalent to, or greater 

than, that provided by the regulation. 

V. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

VSNA’s application for renewal of its 

exemption from § 393.80. All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the Addresses 

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–24102 Filed 10–17–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0018] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from four 

individuals for an exemption from the 

hearing requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to operate a commercial 

motor vehicle (CMV) in interstate 

commerce. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, Department 

of Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, (202) 366–4001, fmcsamedical@

dot.gov. Office hours are from 8:30 a.m. 

to 5 p.m. ET Monday through Friday, 

except Federal holidays. If you have 

questions regarding viewing material in 

the docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2024–0018) in the 

keyword box, and click ‘‘Search.’’ Next, 

choose the only notice listed, and click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m. ET 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

B. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov. As described in 

the system of records notice DOT/ALL 

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 

FMCSA received applications from 

four individuals for an exemption from 

the hearing requirement in 

§ 391.41(b)(11) to operate a CMV in 

interstate commerce. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(11). 

III. Basis for Exemption Determination 

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 

statute also allows 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 Agency’s decision 

regarding these exemption applications 

is based on the eligibility criteria, the 

terms and conditions for Federal 

exemptions, and an individualized 

assessment of each applicant’s medical 

information provided by the applicant. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the eligibility 

criteria or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(11). 

Therefore, the four applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(11). 

Each applicant has, prior to this 

notice, received a letter of final 


khammond on DSKJM1Z7X2PROD with NOTICES
83940 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices 

1FRA 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). 

2Although 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. 

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 

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: YuJiang 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: 

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 

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— 


khammond on DSKJM1Z7X2PROD with NOTICES