24652 Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices 
1This coalition was comprised of the Associated 
General Contractors of America, American 
Association of State Highway and Transportation Officials, American Concrete Pipe Association, American Council of Engineering Companies, American Highway Users Alliance, American Road & Transportation Builders Association, American Society of Civil Engineers, American Traffic Safety Services Association, Associated Equipment Distributors, National Asphalt Pavement Association, National Association of Surety Bond Producers, National Ready Mixed Concrete Association, National Stone, Sand & Gravel Association, National Utility Contractors Association, Portland Cement Association, Power and Communication Contractors Association, Surety & Fidelity Association of America, U.S. Chamber of Commerce, and Water and Sewer 
Distributors of America. Comment from Coalition of Stakeholders (Mar. 31, 2022), https://www.regulations.gov/comment/FHWA-2022-0027- 0012. requested a 90-day extension of the 
comment period.1 
The FHWA recognizes that others 
interested in commenting may have 
similar concerns and agrees that the comment period should be extended. The FHWA, however, does not agree that the comment period should be extended for such a long duration and notes that many stakeholders have already provided substantive, responsive comments. The BABA is meant to strengthen domestic manufacturing by expanding the coverage and application of Buy America preferences in Federal financial assistance programs for infrastructure. Consistent with this goal, BABA section 70914(d) also requires Agencies to review existing waivers of general applicability that effectively limit the extent to which Buy America preferences are applied. To carry out this purpose, FHWA believes it necessary to proceed with the review of comments submitted on the review of the Manufactured Products General Waiver as expeditiously as possible, while also providing sufficient time for all commenters to provide information on the issues raised in the March 17 notice. While FHWA agrees with the coalition of stakeholders that more than 30 days is needed to achieve these dual purposes, FHWA believes that extending the comment period by 90 days would unnecessarily delay FHWA’s ability to review comments and publish a determination on whether to continue or discontinue the Manufactured Products General Waiver under BABA section 70914(d)(2)(B) in a timely manner. For that reason, FHWA is reopening and extending the comment period by 30 days for these organizations and others to submit comments. The closing date for the 
comment period is May 22, 2023. 
Andrew Rogers, 
Deputy Administrator, Federal Highway 
Administration. 
[FR Doc. 2023–08446 Filed 4–20–23; 8:45 am] 
BILLING CODE 4910–22–P 
DEPARTMENT OF TRANSPORTATION 
Federal Motor Carrier Safety 
Administration 
[Docket No. FMCSA–2022–0174] 
Agency Information Collection Activities; Approval of a New Information Collection Request: Human Factors Considerations in Commercial Motor Vehicle Automated Driving Systems and Advanced Driver Assistance Systems 
AGENCY : Federal Motor Carrier Safety 
Administration (FMCSA), Department of Transportation (DOT). 
ACTION : Notice and request for 
comments. 
SUMMARY : In accordance with the 
Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This notice invites comments on a proposed information collection titled Human Factors Considerations in Commercial Motor Vehicle Automated Driving Systems and Advanced Driver Assistance Systems. It is a driving simulator study with a series of questionnaires that will evaluate how commercial motor vehicle (CMV) drivers engage in CMVs equipped with SAE International Level 2 (L2) advanced driver assistance systems (ADAS) and Level 3 (L3) automated driving systems (ADS). Approximately 100 CMV drivers will participate in the study. The study will examine the effect of non-driving secondary task engagement, transfer of control, and training on driver behavior in CMVs equipped with ADAS and ADS. 
DATES : Comments on this notice must be 
received on or before May 22, 2023. 
ADDRESSES : Written comments and 
recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this information 
collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT : 
Theresa Hallquist, Office of Research and Registration, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001; 202–366–1064; theresa.hallquist@dot.gov. 
SUPPLEMENTARY INFORMATION : 
Title: Human Factors in CMVs 
Equipped with ADS and ADAS. 
OMB Control Number: 2126–00XX. 
Type of Request: New ICR. Respondents: Commercial motor 
vehicle drivers. 
Estimated Number of Respondents: 
100. 
Estimated Time per Response: 4 
hours. 
Expiration Date: This is a new ICR. Frequency of Response: Two 
responses. 
Estimated Total Annual Burden: 476 
hours. 
Background 
Higher levels of ADAS and lower 
levels of ADS present an environment 
that is ripe for overreliance. An L2 vehicle offers longitudinal and lateral support to the driver; however, the driver is still responsible for driving at all times. An L2 vehicle is an example of higher levels of ADAS. At this level, engaging in non-driving secondary tasks can be highly detrimental to driving performance as the driver may not recognize and respond to hazards timely or appropriately. In an L3 vehicle, the role of distraction is blurred. L3 is the lowest level considered to be ADS. The driver takes on a more supervisory role and is in full control of the vehicle in a limited number of situations. When an L3 vehicle alerts the driver that a takeover is required, the driver needs to have situational awareness to resume full control of the vehicle. Engagement in non-driving secondary tasks may prevent the driver from maintaining situational awareness of the driving environment. 
A recently completed study by 
FMCSA on research involving ADSs in CMVs found a lack of research related to ADS-equipped CMVs. To date, most commercial ADSs on U.S. roadways are in passenger vehicles, and CMV ADSs have only recently begun being implemented in real-world operations. Therefore, FMCSA needs more data on ADS-equipped CMVs to understand driver behavior and policy implications. 
The purpose for obtaining data in this 
study is to evaluate driver readiness to assume control in SAE L2 ADAS and L3 ADS-equipped CMVs and develop and test a CMV driver distraction training program designed to improve driver readiness. Specifically, there are three 
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primary objectives for the data 
collection: 
(1) determine the effect of distraction 
on CMV drivers of L2 vehicles; 
(2) determine the effect of transfer of 
control on CMV drivers in L3 vehicles; and 
(3) develop and evaluate a training 
program that is designed to decrease the levels of distraction that were identified in CMV drivers in L2 vehicles and designed to improve the problems with the transfer of control that were identified in L3 vehicles. 
Answers to these research questions 
will provide insight into the human factors associated with semi-automated CMVs. Moreover, these findings will inform training materials to educate drivers on distraction and the functionality of ADAS and ADS as well as policy pertaining to the implications of ADASs and ADSs in CMVs. 
The study includes data collection 
from a series of questionnaires and a driving simulator-focused experiment. The collected survey data will support the simulator experiment data. The survey data will be used in two ways: in the assessment of driving 
performance data as covariates in the model (to control for certain demographic variables, such as age, gender, and experience) and to answer a research question on the relationship between driver characteristics and driver readiness and performance. Data on driver readiness and performance will be collected from the simulator experiment. Eligible drivers will hold a valid commercial driver’s license, currently drive a CMV, be 21 years of age or older, and pass the motion sickness history screening questionnaire. 
Data will be collected over two study 
sessions. The first study session will collect data on the effects of non-driving secondary tasks and readiness to resume control of an L2- or L3-equipped CMV. The second study session will assess the effectiveness of driver training to improve safety while operating an L2 or L3 CMV. Questionnaire data will be collected prior to the simulator study, during the simulator study, and after the simulator study. In addition, participants will complete questionnaires about the training in the second study session. All questionnaires will be preloaded in an app format for drivers to complete on a tablet. 
We anticipate 100 participants in total 
for the driving simulator study. Fifty drivers will participate in the L2 study sessions, and the other 50 drivers will participate in the L3 study sessions. During consent, each participant will agree to participate in both the L2/L3 simulator study session and the training 
study session. For a participant who chooses not to continue, a new driver will be recruited to fill their position. These new participants will not have data from the L2/L3 study but will need to complete a new consent form, pre-/ post-study questionnaires, and the training questionnaire. Each study session will be completed in 4 hours, resulting in a total of up to 8 hours of participation for drivers that complete both study sessions. 
Multiple analyses will be used, 
including an assessment of driver distraction and its effects on driver readiness and driving performance. In the L2 and L3 studies, general linear mixed models (GLMMs) will be used to answer the research questions. In the transportation safety field, GLMMs are often used to analyze driver behavior and assess relationships between driving scenarios and behaviors. To evaluate the effectiveness of the training program, linear mixed models will be used with random intercepts. Driver random intercepts will account for participants’ correlated behaviors and expectations in the L2 or L3 system before and after training. 
FMCSA published the 60-day Federal 
Register notice on September 21, 2022, 
and the comment period closed on November 21, 2022 (87 FR 57748). A total of 93 comments were received from the public. These comments revolved around nine issues: general safety concerns with CMVADS, concern for job loss due to ADS-equipped CMVs, concerns related to the operation of ADS within specific operational design domains, concerns with specific ADS and/or ADAS, the failure of ADS sensors, the security of ADS-equipped CMVs, driver inattention/distraction when operating an ADS, data collection 
efforts, and support for the study. Responses to these issues are below. Many comments touched on multiple issues; however, the comments below are organized based on the primary feedback provided. 
General Safety Concerns With ADS- 
Equipped CMVS 
Fifty percent of the comments 
received expressed general safety concerns related to ADS-equipped CMVs. FMCSA is actively engaged in many research and administrative activities to help improve the safety of CMV drivers and the general public, including research on ADS. There are many research questions that need to be answered before ADS-equipped CMVs are deployed at scale. Some of these research questions are focused on the ADS technology itself to ensure that the ADS technology functions as intended 
and incorporates the appropriate redundant failsafe systems. However, other research questions are focused on the human factors related to how individuals within the CMV industry will interact with ADS-equipped CMVs. 
Crashes involving ADAS illustrate 
why research focused on human factors is critical prior to full-scale deployment of ADS. Many of the incidents involve a mismatch between driver expectations of the technology and the driver’s true role and responsibility to monitor vehicle features. This study is focused on L2 and L3-equipped CMVs. The systems included in this study would require a driver inside the vehicle who is ready to resume control of the vehicle when needed or requested (e.g., during 
icy conditions). 
Results from this study will be used 
to develop and evaluate a training program designed to improve drivers’ understanding and expectation of ADS. This training program will also attempt to improve drivers’ attention maintenance and hazard anticipation while operating L2 and L3 vehicles. Although FMCSA believes this is a critical research study to understand how driver inattention may affect performance of L2 and L3 CMVs, it is only one research study of many that are needed to ensure the safety of drivers on the roadways. 
Concerns for Loss of Jobs Due to ADS- 
Equipped CMVS 
Ten comments from the public 
focused on the potential loss of jobs as a result of ADS-equipped CMVs. The 
trucking industry employs millions of individuals in the U.S. who are vital to the U.S. economy. Additionally, there are millions of other individuals who work in roles that support the transportation industry (e.g., gas 
stations, truck stops, maintenance facilities, etc.). Better pay for drivers, effective training, safe equipment, and improved quality of life for drivers are important factors for retaining safe drivers within the industry. 
ADAS and ADS offer possible 
solutions that help drivers maintain a better quality of life. For example, they may offer improved health through crash reduction and allow more home time through more regional operations for drivers who so desire. As mentioned above, this study is focused on L2 and L3 ADS-equipped CMVs. Both systems under investigation in this study would require a driver to be in the truck at all times and ready to resume control of the vehicle when requested. Thus, the technologies investigated in this study would not result in driver job loss. 
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Concerns for ADS in Specific 
Operational Domains 
Seven comments provided by the 
public focused on concerns related to ADS-equipped CMVs operating outside of their intended operational design domain. Each ADS is designed to operate within specific conditions. These conditions provide parameters for the safe operation of ADS on the road. Before widespread deployment of ADS, more development, testing, and verification of ADS-equipped CMVs is needed to understand safe parameters and before they can operate in all conditions or anticipate and respond to all possible infrequent events. 
As mentioned above, the safety 
technologies being investigated require a driver inside the vehicle at all times who could assume control of the CMV if conditions dictate. Drivers operating an L2 or L3-equipped CMV must be ready to assume control in these situations. These situations demonstrate why it is important to research driver inattention and vigilance of the driver when operating L2 and L3 vehicles. This research will provide information to ensure drivers are capable and safe to assume control of the CMV when needed through the development and evaluation of a training program to educate drivers on ADS capabilities and highlight the importance of maintaining attention while operating L2 and L3 vehicles. 
Concerns With Specific ADAS/ADS 
Six comments expressed concerns 
related to a specific advanced driver 
assistance feature or a particular ADS. These comments illustrate how additional research and development are needed for many of the features that will support ADS in CMVs. Although the technology to support ADS (i.e., automatic emergency braking) has improved, there are still areas in need of improvement prior to the deployment of ADS-equipped CMVs. One of the objectives of this study is to better understand the effect of driver inattention while operating a CMV equipped with these support technologies. Ensuring drivers of L2 vehicles maintain attention to the road is important so that the drivers can anticipate hazards and potential scenarios where the L2 features may not operate as intended. Similarly, research to study inattention while operating an L3 vehicle is needed to determine what training and education will help drivers prepare to resume control when requested. This research, conducted in a simulator, will help the industry better understand how drivers of L2 and L3 vehicles can be prepared to take over 
control when necessary to ensure the safe operation of the CMV and the safety of the general public. 
Concerns Related to Sensor Failure 
Twelve comments primarily 
discussed concerns related to the failure 
of ADS sensors. Drivers’ concerns related to the importance of properly maintained and functioning sensors are valid. Sensors do fail and/or become dirty if covered in debris, making them inoperable. It is critical for ADS to have redundant sensors or a backup alternative sensor system in case of failure. Research on the functionality of the technologies and sensors is ongoing. However, human factors-focused research is also necessary to ensure the safety of L2 and L3 vehicles. The technologies researched in this study require a driver to be in the vehicle and ready to take over control when needed 
or alerted. This study will examine how driver inattention affects a driver’s ability to successfully respond to or anticipate hazards or scenarios that may require human control of the vehicle. This research is critical to help in- vehicle drivers be prepared when a sensor does fail or if the technology does not anticipate a hazard appropriately. 
Concerns Related to the Security of 
ADS 
Two comments focused on securing 
ADS against threats. The security of ADS-equipped CMVs is of incredible importance. Research and efforts related to the security of the vehicles is needed. However, this is a separate area of research and development and should not detract from the importance of human-factors research. As mentioned above, the purpose of this study is to ensure in-vehicle drivers are capable and ready to respond to unexpected hazards, scenarios, and requests to take over control of the vehicle when needed. 
Concerns That Inattention/Distraction 
Will Increase With ADAS and ADS 
Five comments discussed concerns 
related to potential increases in driver distraction, inattention, and reduced vigilance with the use of crash mitigation technologies. There is a need for research focused on driver inattention while operating CMVs equipped with ADAS and ADS. More data are needed to understand the prevalence of inattention when using, and drivers’ overreliance on, crash mitigation technologies. This study is designed to gather data on these concerns in a safe environment without putting the CMV driver and the general 
public at risk. Results from this study will be used to develop training materials and information that may reduce this risk. 
Concerns With the Data Collection 
Efforts 
One comment focused on this study’s 
proposed data collection methodology. As mentioned in the Federal Register notice, each study session will last approximately 4 hours. Although driver fatigue is an important area of research, this study is focused on driver distraction. However, driver fatigue may be observed in the study and will be identified and documented via eye tracking technologies. 
Power analyses were performed to 
approximate the number of participants needed to find statistically significant results (if present). The sample included in this study was based on this power analysis with additional participants to account for attrition. However, the sample is a convenience sample, and there are no attempts to say the sample is representative of the U.S. CMV 
industry. Demographic information (e.g., gender, age, health, etc.) will be 
collected and may be used to help control for potential confounding or extraneous variables during the statistical analyses. 
Support for the Study 
Three comments provided support for 
the study and provided additional 
insights based on recent investigations or research. Additional comments expressed the importance of focusing research on higher levels of ADS (i.e., L4 
or L5). Although FMCSA agrees much more research and data are needed on more advanced ADS, some original equipment manufacturers and developers of L2 and L3 vehicles are deploying vehicles with lower levels of driver assistance or automation. For example, L2 CMVs are available for purchase now. Research is needed to understand how inattention affects performance in vehicles with these levels of ADS and to ensure the safety of the CMV driver and the general public. 
FMCSA agrees that distinguishing 
between features of L2 and L3 vehicles is important. This study focuses on both advanced driver assistance features (via L2 vehicles) and the lowest level of ADS (via L3 vehicles). Additional distinctions are provided in the supporting documentation, and FMCSA will ensure that distinctions between functionalities are included in the discussion of the results. To help improve this clarity, FMCSA proposes 
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to revise the study title to include ADAS 
(in reference to the L2 sub study). 
Public Comments Invited: You are 
asked to comment on any aspect of this information collection, including: (1) whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. 
Issued under the authority of 49 CFR 1.87. 
Thomas P. Keane, 
Associate Administrator, Office of Research 
and Registration. 
[FR Doc. 2023–08500 Filed 4–20–23; 8:45 am] 
BILLING CODE 4910–EX–P 
DEPARTMENT OF TRANSPORTATION 
Federal Railroad Administration 
[Docket No. FRA–2010–0030] 
Massachusetts Bay Transportation 
Authority’s Request To Amend Its Positive Train Control System 
AGENCY : Federal Railroad 
Administration (FRA), Department of Transportation (DOT). 
ACTION : Notice of availability and 
request for comments. 
SUMMARY : This document provides the 
public with notice that, on April 7, 2023, the Massachusetts Bay Transportation Authority (MBTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system in order to support the implementation of PTC on its commuter rail network. On MBTA’s North Side, the PTC System in the area is being reconfigured and must be taken out of service during the recommissioning of Automatic Train Control (ATC) and the subsequent recommissioning of MBTA’s Advanced Civil Speed Enforcement System II (ACSES II). FRA is publishing this notice and inviting public comment on the railroad’s RFA to its PTC system. 
DATES : FRA will consider comments 
received by May 11, 2023. FRA may consider comments received after that date to the extent practicable and without delaying implementation of valuable or necessary modifications to a PTC system. 
ADDRESSES :
Comments: Comments may be 
submitted by going to https://www.regulations.gov and following the online instructions for submitting comments. 
Instructions: All submissions must 
include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0030. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/research- development/program-areas/train- control/ptc/railroads-ptc-dockets. All 
comments received will be posted without change to https://www.regulations.gov; this includes any 
personal information. 
FOR FURTHER INFORMATION CONTACT : 
Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. 
SUPPLEMENTARY INFORMATION : In general, 
Title 49 United States Code (U.S.C.) Section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with Title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making certain changes to an FRA-certified PTC system or the associated FRA-approved PTC Safety Plan (PTCSP), a host railroad must submit, and obtain FRA’s approval of, an RFA to its PTC system or PTCSP under 49 CFR 236.1021. 
Under 49 CFR 236.1021(e), FRA’s 
regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification of a signal and train control system. Accordingly, this notice informs the public that, on April 7, 2023, MBTA submitted an RFA to its ACSES II system, which seeks FRA’s approval to install Construction Zone (CZ) Transponders on MBTA’s Western Route Main Line (WRML) segment between June and December 2023. MBTA state that the installation of the CZs is required to implement ATC and to reconfigure and retest PTC on MBTA’s WRML. The CZs will result in the suspension of portions of the PTC system on these lines. During this time there will be no revenue passenger operations until the ATC system is placed into operation. Freight and non- revenue passenger operations will be conducted under NORAC rule 241 that limits trains to Restricted Speed. Once the ATC system is in operation, the ATC system along with the operating rules will govern train operations until the test and commissioning of the reconfigured ACSES system is complete. The RFA is available in Docket No. FRA–2010–0030. 
Interested parties are invited to 
comment on MBTA’s RFA to its PTC system by submitting written comments or data. During FRA’s review of this railroad’s RFA, FRA will consider any comments or data submitted within the timeline specified in this notice and to the extent practicable, without delaying implementation of valuable or necessary modifications to a PTC system. See 49 
CFR 236.1021; see also 49 CFR 236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to approve, approve with conditions, or deny a railroad’s RFA to its PTC system at FRA’s sole discretion. 
Privacy Act Notice 
In accordance with 49 CFR 211.3, 
FRA solicits comments from the public 
to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in 
the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/ 
privacy-notice for the privacy notice of 
regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions. 
Issued in Washington, DC. 
Carolyn R. Hayward-Williams, 
Director, Office of Railroad Systems and 
Technology. 
[FR Doc. 2023–08456 Filed 4–20–23; 8:45 am] 
BILLING CODE 4910–06–P 
DEPARTMENT OF TRANSPORTATION 
Federal Railroad Administration 
[Docket Number FRA–2002–12409] 
Petition for Extension of Waiver of 
Compliance 
Under part 211 of title 49 Code of 
Federal Regulations (CFR), this document provides the public notice that by letter dated March 15, 2023, Port Authority Trans-Hudson Corporation (PATH) petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 238 (Passenger Equipment Safety 
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