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 offduty 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 64931 

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 81⁄2 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, selfaddressed 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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64932 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 

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 


amozie on DSK3GDR082PROD with NOTICES