Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)
| Published date | 18 December 2018 |
| Citation | 83 FR 64930 |
| Record Number | 2018-27339 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration |
64930
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices
addressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
The Association of American
Railroads and American Short Line and
Regional Railroad Association (AAR/
ASLRRA) contend that the HOS
prohibitions on driving after a 14-hour
period on duty, and after 60 or 70 hours
on duty in a 7- or 8-day week without
the required off-duty period, inhibit a
railroad’s ability to respond
expeditiously to certain types of
emergency situations. For this reason
AAR/ASLRAA is requesting that a
railroad employee responding to an
unplanned event that affects interstate
commerce, service or the safety of
railway operations, including passenger
rail operations, and that occurs outside
of or extends beyond the employee’s
normal shift, be exempt from the
provisions in 49 CFR part 395.3(a) and
(b). Unplanned events include some of
the following: A derailment; a rail
failure or other report of dangerous track
condition; a disruption to the electric
propulsion system; a bridge-strike; a
disabeled vehicle on the track; a train
collision; weather and storm-related
events; a matter of national security; or
a matter concerning public safety; a
blocked grade crossing, etc. The
applicants request the exemption be
granted for five years. If the exemption
is granted it would cover 21,000 drivers
and 11,000 commercial motor vehicles
(CMVs).
In their application, AAR/ASLRRA
compare the work of railroad employees
responding to an emergency situation to
that of utility employees responding to
an emergency situation. The HOS rules
do not apply to a driver of a utility
service vehicle as defined in 49 CFR
395.2. In the same respect that utility
employees use any CMV to repair and
maintain pertinent services, railroad
employees use vehicles as mobile
supply facilities, transporting personnel,
equipment and material needed for the
driver to use at worksites within a
region. Like utility employees, railroad
employees will have unpredictable
work hours when needed to address
operational emergencies.
AAR/ASLRRA contend that the work
done by these employees supports the
railroad’s effort to restore essential
interstate commerce passenger rail
operations and, in the event of a grade
crossing incident, restore road and
pedestrian access to the public. The
applicants assert that there is no
principled distinction between railroad
employees responding to an unplanned
event and those who operate utility
service vehicles.
According to AAR/ASLRRA railroads
work with local officials who have
authority to declare an emergency in the
case of unplanned events. However, the
process is not well-defined and there are
no assurances that a request made
during off-hours would be reviewed in
a timely manner. For example, one of
AAR’s member railroads has an internal
process that often involves coordination
among multiple jurisdictions due to the
nature of the interstate railroad system.
Despite the railroad’s best efforts, a
delay in response from a designated
official outside of the normal work day
can reportedly cause up to a five to
seven-hour delay in the railroad’s efforts
to resolve the unplanned event.
According to the applicants, this type of
delay can have a crippling impact on
the rail network, expecially in congested
areas of the country like the Northeast
Corridor and Chicago.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
AAR/ASLRRA explained that ‘‘the
requested exemption will allow railroad
employees to respond timelier to
unplanned events to restore rail service
without incurring extended blocked
crossings, cascading effects to traffic on
the rail network, delays to passenger rail
operations, and delayed customer
service. Additionally, railroads will be
able to improve public safety to
motorists and pedestrians, if they are
able to expeditiously clear blocked
grade crossings.’’
The applicants propose to provide
any employee required to drive within
the terms of the requested exemption
additional time off-duty in excess of the
10 consecutive hours required by
395.3(a)(1). For ease of recordkeeping,
the applicants propose that:
•Any employee responding to an
unplanned event that exceeds his/her 14
hours of duty time for 5 hours or less
be given 5 additional consecutive hours
off-duty for a total of 15 consecutive
hours off-duty before driving again;
•Any employee responding to an
unplanned event that exceeds his/her 14
hours of duty time for 5 hours up to a
maximum of 10 hours be given 10
additional consecutive hours off-duty
for a total of 20 consecutive hours off-
duty before driving again; and
•Any employee who exceeds 60 or
70 hours on duty in a 7- or 8-day week
due to responding to an unplanned
event be given 34 hours of rest as
prescribed in section 395.3 (c) prior to
driving again.
A copy of the application for
exemption is available for review in the
docket for this notice.
Issued on: December 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–27341 Filed 12–17–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0347]
Commercial Driver’s License
Standards: Application for Exemption;
Navistar, Inc. (Navistar)
AGENCY
: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION
: Notice of application for
exemption; request for comments.
SUMMARY
: FMCSA announces that
Navistar, Inc. (Navistar) has requested
an exemption for one commercial motor
vehicle (CMV) driver from the Federal
requirement to hold a U.S. commercial
driver’s license (CDL). Navistar requests
an exemption for Mr. Jerome Douay, a
Product Engineer Senior Manager with
MAN Truck & Bus AG (MAN) in
Munich, Germany, who holds a valid
German commercial license. MAN is
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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices
partnering with Navistar to help
develop technology advancements in
fuel economy and emissions reductions.
Mr. Douay wants to test drive Navistar
vehicles on U.S. roads to better
understand product requirements in
‘‘real world’’ environments, and verify
results. Navistar believes the
requirements for a German commercial
license ensure that operation under the
exemption will likely achieve a level of
safety equivalent to or greater than the
level that would be obtained in the
absence of the exemption. FMCSA
requests public comments on Navistar’s
application for exemption.
DATES
: Comments must be received on
or before January 17, 2019.
ADDRESSES
: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2018–0347 using any of the following
methods:
•Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments.
•Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
•Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
•Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. 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 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT
: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4225.
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION
:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2018–0347), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2018–0347’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 8
1
⁄
2
by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, self-
addressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
and may grant or not grant this
application based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. FMCSA must publish a
notice of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
grant or denial, and, if granted, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which exemption is granted. The notice
must also specify the effective period of
the exemption (up to 5 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
Navistar has applied for an exemption
for Jerome Douay from 49 CFR 383.23,
which prescribes licensing requirements
for drivers operating CMVs in interstate
or intrastate commerce. Mr. Douay is
unable to obtain a CDL in any of the
U.S. States due to his lack of residency
in the United States. A copy of the
application is in Docket No. FMCSA–
2018–0347.
The exemption would allow Mr.
Douay to operate CMVs in interstate or
intrastate commerce to support Navistar
field tests designed to meet future
vehicle safety and environmental
requirements and to promote
technological advancements in vehicle
safety systems and emissions
reductions. Mr. Douay needs to drive
Navistar vehicles on public roads to
better understand ‘‘real world’’
environments in the U.S. market.
According to Navistar, Mr. Douay will
typically drive for no more than 6 hours
per day for 2 consecutive days, and that
50 percent of the test driving will be on
two-lane State highways, while 50
percent will be on Interstate highways.
The driving will consist of no more than
250 miles per day, for a total of 500
miles during a two-day period on a
quarterly basis. He will in all cases be
accompanied by a holder of a U.S. CDL
who is familiar with the routes to be
traveled.
Mr. Douay holds a valid German
commercial license, and as explained by
Navistar in its exemption request, the
requirements for that license ensure
that, operating under the exemption, he
would likely achieve a level of safety
equivalent to, or greater than, the level
that would be achieved by the current
regulation. Furthermore, according to
Navistar, Mr. Douay is familiar with the
operation of CMVs worldwide. Navistar
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requests that the exemption cover the
maximum allowable duration of 5 years.
A copy of Navistar’s application for
exemption is available for review in the
docket for this notice.
Issued on: December 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–27339 Filed 12–17–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Limitation on Claims Against Proposed
Public Transportation Projects
AGENCY
: Federal Transit Administration
(FTA), DOT.
ACTION
: Notice.
SUMMARY
: This notice announces final
environmental action taken by the
Federal Transit Administration (FTA)
for a project in Milwaukee County,
Wisconsin. The purpose of this notice is
to announce publicly the environmental
decision by FTA on the subject project
and to activate the limitation on any
claims that may challenge this final
environmental action.
DATES
: By this notice, FTA is advising
the public of final agency actions
subject to 23 U.S.C. 139(l). A claim
seeking judicial review of FTA actions
announced herein for the listed public
transportation project will be barred
unless the claim is filed on or before
May 17, 2019.
FOR FURTHER INFORMATION CONTACT
:
Nancy-Ellen Zusman, Assistant Chief
Counsel, Office of Chief Counsel, (312)
353–2577 or Juliet Bochicchio,
Environmental Protection Specialist,
Office of Environmental Programs, (202)
366–9348. FTA is located at 1200 New
Jersey Avenue SE, Washington, DC
20590. Office hours are from 9:00 a.m.
to 5:00 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION
: Notice is
hereby given that FTA has taken final
agency action by issuing certain
approvals for the public transportation
project listed below. The action on the
project, as well as the laws under which
such action was taken, are described in
the documentation issued in connection
with the project to comply with the
National Environmental Policy Act
(NEPA) and in other documents in the
FTA environmental project file for the
project. Interested parties may contact
either the project sponsor or the relevant
FTA Regional Office for more
information. Contact information for
FTA’s Regional Offices may be found at
https://www.fta.dot.gov.
This notice applies to all FTA
decisions on the listed project as of the
issuance date of this notice and all laws
under which such action was taken,
including, but not limited to, NEPA [42
U.S.C. 4321–4375], Section 4(f)
requirements [23 U.S.C. 138, 49 U.S.C.
303], Section 106 of the National
Historic Preservation Act [54 U.S.C.
306108], and the Clean Air Act [42
U.S.C. 7401–7671q]. This notice does
not, however, alter or extend the
limitation period for challenges of
project decisions subject to previous
notices published in the Federal
Register. The project and action that is
the subject of this notice follow:
Project name and location: East-West
Bus Rapid Transit Project, Milwaukee
County, Wisconsin. Project sponsor:
Milwaukee County, WI. Project
description: The Milwaukee County
East-West Bus Rapid Transit (BRT)
Project will implement a new transit
corridor along a 9-mile-long alignment
to provide bus transit service from
downtown Milwaukee to the City of
Wauwatosa. The BRT Project will use
existing transportation infrastructure to
improve accessibility, mobility, transit
travel times, reliability, and passenger
amenities within the project area. The
BRT Project will operate on existing
roads in dedicated transit lanes for
approximately 5 miles and otherwise in
mixed traffic lanes, and will be
implementing transit signal priority or
other signal treatments at 33
intersections to reduce travel times in
the corridor. The alignment will involve
complete roadway reconstruction along
portions of 92nd Street and 94th Street
through the Milwaukee Regional
Medical Center campus between
Wisconsin Avenue and Watertown
Plank Road and will involve the
construction of 19 BRT stations. This
notice only applies to the discrete
actions taken by FTA at this time, as
described below. Nothing in this notice
affects FTA’s previous decisions, or
notice thereof, for this project.
Final agency actions: Section 4(f)
determination, dated August 22, 2018;
Section 106 finding of no adverse effect
on historic properties, dated July 2,
2018; project-level air quality
conformity; and Finding of No
Significant Impact for the Milwaukee
East-West Bus Rapid Transit Project,
Milwaukee County, WI, dated
November 29, 2018.
Supporting documentation:
Milwaukee East-West Bus Rapid Transit
Project, Milwaukee County, WI,
Environmental Assessment, dated
August 22, 2018.
Elizabeth S. Riklin,
Deputy Associate Administrator for Planning
and Environment.
[FR Doc. 2018–27327 Filed 12–17–18; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0078]
Pipeline Safety: Information Collection
Activities, Revision to OPID
Assignment Request and National
Registry Notification
AGENCY
: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION
: Notice and request for
comments.
SUMMARY
: In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the information
collection request abstracted below is
being forwarded to the Office of
Management and Budget (OMB) for
review and comment. PHMSA proposes
revising certain parts of the forms and
instructions for the Operator
Assignment Request (PHMSA F 1000.1)
and National Registry Notification
(PHMSA F 1000.2) currently approved
under OMB control number 2137–0627.
A Federal Register notice with a 60-day
comment period soliciting comments on
the information collection was
published on August 9, 2018.
DATES
: Interested persons are invited to
submit comments on or before January
17, 2019.
FOR FURTHER INFORMATION CONTACT
:
Angela Dow by telephone at 202–366–
1246, by email at angela.dow@dot.gov,
or by mail at DOT, PHMSA, 1200 New
Jersey Avenue SE, PHP–30, Washington,
DC 20590–0001.
ADDRESSES
: Submit comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Management and Budget,
Attention: Desk Officer for the Office of
the Secretary of Transportation, 725
17th Street NW, Washington, DC 20503.
SUPPLEMENTARY INFORMATION
: Section
1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. In accordance
with this regulation, on August 9, 2018,
(83 FR 39508) PHMSA published a
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