84096 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 

Board (NDRB) to approve or disapprove 

individual requests for NAS data, 

consistent with FAA Order 1200.22E 

External Requests for National Airspace 

System (NAS) Data. 

Respondents: Approximately 15 

requests submitted annually to the FAA 

by requestors of NAS data. 

Frequency: On occasion. 

Estimated Average Burden per 

Response: 1 hour. 

Estimated Total Annual Burden: 15 

hours total. 

Issued in Washington, DC, on December 

18, 2020. 

Virginia T. Boyle, 

Vice President (Acting), System Operations 

Services. 

[FR Doc. 2020–28368 Filed 12–22–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of limitation on claims 

for judicial review of actions by the 

California department of transportation 

(Caltrans). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final. The actions relate to a 

proposed highway project, the Interstate 

680 (I–680) Express Lanes from State 

Route 84 (SR 84) to Alcosta Boulevard 

Project in the Cities of Sunol, 

Pleasanton, Dublin, and San Ramon, in 

the Counties of Alameda and Contra 

Costa, State of California. Those actions 

grant licenses, permits, and approvals 

for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, is advising the public 

of final agency actions subject to 23 

U.S.C. 139(l)(1). A claim seeking 

judicial review of the Federal agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before May 24, 2021. If the Federal law 

that authorizes judicial review of a 

claim provides a time period of less 

than 150 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans: Brian Gassner, Environmental 

Branch Chief, 111 Grand Avenue MS 

8B, Oakland, CA 94612, at (510) 506– 

0372 or email brian.gassner@dot.ca.gov. 

For FHWA: David Tedrick at (916) 498– 

5024 or email david.tedrick@dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the FHWA assigned, and 

the Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Notice is hereby given 

that the Caltrans has taken final agency 

actions subject to 23 U.S.C. 139(l)(1) by 

issuing licenses, permits, and approvals 

for the following highway project in the 

State of California: The project would 

construct High Occupancy Vehicle/ 

express lanes (HOV/express lanes) on 

northbound and southbound I–680 from 

SR 84 (Vallecitos Road) in Alameda 

County to north of Alcosta Boulevard in 

Contra Costa County. The proposed 

project extends for approximately 9 

miles along I–680 from post mile (PM) 

R10.6 to R21.9 in Alameda County and 

from PM R0.0 to R1.1 in Contra Costa 

County. The actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Environmental Assessment (EA) 

and Finding of No Significant Impact 

(FONSI) for the project, approved on 

November 9, 2020, and in other 

documents in the FHWA project 

records. The EA, FONSI, and other 

project records are available by 

contacting Caltrans at the addresses 

provided above. The Caltrans EA and 

FONSI can be viewed and downloaded 

from the project website at https://

dot.ca.gov/caltrans-near-me/district-4/ 

d4-popular-links/d4-environmentaldocs and www.alamedactc.org/ 

680gapclosure. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. National Environmental Policy Act 

(NEPA) 

2. Fixing America’s Surface 

Transportation Act (Fast Act) 

3. Clean Air Act 

4. Federal-Aid Highway Act 

5. Clean Water Act 

6. Historic Sites Act 

7. Section 106 of the National Historic 

Preservation Act 

8. Archeological Resources Protection 

Act 

9. Archeological and Historic 

Preservation Act 

10. Antiquities Act 

11. Endangered Species Act 

12. Migratory Bird Treaty Act 

13. Fish and Wildlife Coordination Act 

14. Magnuson-Stevens Fishery 

Conservation and Management Act 

15. Section 4(f) of the Department of 

Transportation Act 

16. Civil Rights Act, Title VI 

17. Uniform Relocation Assistance and 

Real Property Acquisition Policies 

Act 

18. Rehabilitation Act 

19. Americans with Disabilities Act 

20. Comprehensive Environmental 

Response, Compensation, and 

Liability Act (CERCLA) 

21. Resource Conservation and Recovery 

Act (RCRA) 

22. Safe Drinking Water Act 

23. Occupational Safety and Health Act 

24. Atomic Energy Act 

25. Toxic Substances Control Act 

26. Federal Insecticide, Fungicide and 

Rodenticide Act 

27. E.O. 11990 Protection of Wetlands; 

E.O. 11988 Floodplain Management 

28. E.O. 12898, Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low 

Income Populations 

29. E.O. 12088, Federal Compliance 

with Pollution Control Standards 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: December 17, 2020. 

Rodney Whitfield, 

Director, Financial Services, Federal Highway 

Administration, California Division. 

[FR Doc. 2020–28433 Filed 12–22–20; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0171] 

Hours of Service of Drivers: 

Association of American Railroads and 

American Short Line and Regional 

Railroad Association; Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of exemption. 

SUMMARY: FMCSA announces its 

decision to grant the application 

submitted by the Association of 

American Railroads and the American 

Short Line and Regional Railroad 

Association and member railroads 

(collectively ‘‘the Associations’’) for an 

exemption from the prohibition against 

driving after the 14th hour from the 

beginning of the work shift (the 14-hour 

rule) and the prohibition against driving 

after accumulating 60 hours of on duty 

time within seven consecutive days, or 

70 hours of on duty time within 8 

consecutive days (the 60-hour/70-hour 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 84097 

rule). The exemption will enable 

railroad employees subject to the hoursof-service (HOS) rules to respond to 

unplanned events that occur outside of 

or extend beyond an employee’s normal 

work hours. FMCSA concluded that 

granting the Associations’ application is 

likely to achieve a level of safety 

equivalent to or greater than the level of 

safety that would be obtained in the 

absence of the exemption. 

DATES: The exemption is effective 

December 23, 2020 and expires 

December 18, 2025. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Dockets Operations, 

U.S. Department of Transportation, 

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. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

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; (202) 366–4325; MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this notice as 

being available in the docket, go to 

www.regulations.gov and insert the 

docket number, ‘‘FMCSA–2020–0171 in 

the ‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

internet, you may view the docket 

online by visiting Dockets Operations in 

Room W12–140 on the ground floor of 

the DOT West Building, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m., e.t., 

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. 

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 Agency’s decision 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. Background 

Under 49 CFR 395.3(a) a property 

carrying commercial motor vehicle 

(CMV) driver may not drive without 

first taking 10 consecutive hours off 

duty. Additionally, the driver may only 

drive a total of 11 hours during a period 

of 14 consecutive hours after coming on 

duty following 10 consecutive hours off 

duty. Under 49 CFR 395.3(a)(3)(ii) 

driving is not permitted if more than 8 

hours of driving time have passed 

without at least a consecutive 30-minute 

interruption in driving status. The 30- 

minute break may be taken as off-duty, 

on-duty/not-driving, or sleeper-berth 

time, or any combination thereof. Under 

49 CFR 395.3(b) no motor carrier shall 

permit or require a driver of a propertycarrying CMV to drive, nor shall any 

driver drive a property-carrying CMV, 

regardless of the number of motor 

carriers using the driver’s services, for 

any period after having been on duty 60 

hours in any period of 7 consecutive 

days or having been on duty 70 hours 

in any period of 8 consecutive days. 

IV. Request for Exemption 

The Associations believe the HOS 

prohibitions on driving after the 14th 

hour after coming on duty, and after 60 

or 70 hours on duty in a moving 7- or 

8-day ‘‘week,’’ inhibit the ability of a 

railroad to respond expeditiously to 

certain types of emergency situations. 

The Associations requested that a 

railroad employee responding to an 

unplanned event that affects railroad 

operations, including passenger rail 

operations, and that occurs outside of or 

extends beyond the employee’s normal 

shift, be exempt from those 

requirements. Unplanned events 

include the following: A derailment; a 

rail failure or other report of dangerous 

track condition; a disruption to the 

electric propulsion system; a bridgestrike; a disabled vehicle on the track; 

a train collision; weather- and stormrelated events; a matter of national 

security; a matter concerning public 

safety; and a blocked grade crossing. 

The Associations’ request mirrors the 

request submitted by R.J. Corman 

Railroad Services, Cranemasters, Inc., 

and the National Railroad Construction 

and Maintenance Association, Inc. (the 

Contractors), which FMCSA granted on 

March 4, 2020 (85 FR 12818). The 

Associations’ request provides that, 

while operating under this exemption, 

drivers and carriers would be allowed to 

extend the 14-hour duty period in 

§ 395.3(a)(2) to no more than 17 hours; 

would not be allowed to exceed 11 

hours of driving time following 10 

consecutive hours off duty; would be 

allowed to extend the 60- and 70-hour 

rule in § 395.3(b) by no more than 6 

hours; and, drivers would not be 

allowed to travel more than 300 air 

miles from their normal work-reporting 

location or terminal. 

In addition, drivers covered by the 

Associations’ request would comply 

with the applicable HOS limits after 

arriving at the site and would record all 

time working to restore rail service as on 

duty, not driving. Drivers would also 

have the benefit of FMCSA’s personal 

conveyance guidance when travelling 

between the unplanned event work site 

and nearby lodging or dining facilities. 

To the extent that guidance is not 

applicable, CMV drivers who have 

reached the HOS limits would be 

transported from the work site after onsite duties are completed by an 

individual who is not subject to HOS 

restrictions, or would use a vehicle that 

does not meet FMCSA’s definition of a 

CMV at § 390.5. 

Furthermore, drivers operating under 

the exemption would receive resources 

on fatigue management appropriate to 

the rail working environment and 

emergency response to unplanned 

events. Specifically, drivers would 

complete the Driver Education Module 


jbell on DSKJLSW7X2PROD with NOTICES
84098 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 

3 and Driver Sleep Disorders and 

Management Module 7 of the North 

American Fatigue Management Program 

(NAFMP). 

FMCSA notes that the rail industry 

already utilizes many resources to 

educate and assist its workforce, 

including its CMV drivers, about 

preventing operator fatigue. The DOT’s 

Federal Railroad Administration hosts a 

website, the ‘‘Railroaders Guide to 

Healthy Sleep’’ (https://

railroadersleep.fra.dot.gov/) which 

provides information, strategies, and 

resources to help railroad employees 

manage fatigue. Railroads subject to this 

exemption request could direct their 

employee CMV drivers to that railroadspecific and existing FRA fatiguemanagement resource as another 

method of compliance under an 

exemption. 

The Associations requested the 

exemption be granted for 5 years. The 

exemption would cover 20,000 drivers 

and 11,000 CMVs. 

A copy of the exemption application 

is available for review in the docket for 

this notice. 

V. Public Comments 

On August 20, 2020, FMCSA 

published a notice seeking public 

comment on the exemption application 

(85 FR 51546). The Agency received 

nine comments from the following 

respondents: The Brotherhood of 

Maintenance of Way Employees 

Division (BMWED); Commercial Vehicle 

Safety Alliance (CVSA); Justin Fowler; 

Michael Millard; National Railroad 

Construction and Maintenance 

Association, Inc. (NRC); Lisa and Lee 

Schmidt (joint submission of 

comments); MJ Thorne; Transportation 

Trades Department, AFL–CIO; and the 

Truckload Carriers Association (TCA). 

The NRC and one individual 

supported the request for an exemption. 

The NRC commented: 

The drivers fulfill a critical safety function 

where it is often difficult to know how long 

a job will take or when such duties might 

need to occur. Safety will not be negatively 

impacted as these employees typically drive 

for a small percentage of their on-duty time 

and often only drive short distances. Further, 

the drivers who have reached the HOS limits 

would not drive a CMV after the on-site work 

was completed. The driving in these 

instances is just incidental to the actual 

railroad work performed by the employees to 

clear rail incidents and restore essential rail 

transportation services, which presents its 

own set of safety benefits. 

Four organizations and three 

individuals opposed the request for an 

exemption. The BMWED discussed 

several research studies and reports, 

concluding that a substantial body of 

evidence indicates that a chronic 

reduction in sleep time is associated 

with many long-term health problems. 

They also argued that ‘‘scientific studies 

have established that driver fatigue and 

performance are dynamically influenced 

by the regulation of sleep, including the 

need to obtain enough sleep to ensure 

recovery from work schedules that 

might induce either acute or chronic 

sleep deprivation.’’ 

CVSA registered its opposition by 

noting: 

The FMCSRs are put into place to provide 

a framework of the minimum requirements to 

operate commercial motor vehicles safely. An 

exemption to those safety regulations should 

not be granted simply because they don’t fit 

a particular industry’s business model. If an 

expedited response to these ‘unplanned 

events’ are as critical as AAR and ASLRRA 

suggest in their application, then their 

member companies should design their 

business models to respond quickly while 

still operating within the safety regulations. 

TCA opposed the exemption and 

wrote: 

Adding another exemption to the already 

over-regulated CMV sphere would only serve 

to muddy the waters and confuse drivers 

who may not be familiar with the nuances of 

the federal regulations. Furthermore, 

increasing the number of HOS exemptions 

also increases the opportunities for them to 

be abused, leading to a decrease in overall 

safety. TCA encourages the Agency to 

consider these potentially unintended 

consequences that may correspond with 

adding to the already large number of HOS 

exemptions. 

VI. FMCSA Response to Comments and 

Decision 

The Agency believes there is a public 

interest in ensuring that railroads clear 

blocked tracks and rights-of-way and 

restore service as quickly as possible. 

The exemption would provide 

flexibility for the Associations to 

address urgent situations that disrupt 

rail services. 

The Agency acknowledges the safety 

concerns raised by the BMWED, CVSA, 

TCA, and other organizations and 

individuals opposing the exemption. 

However, the Agency does not believe 

the requested relief would compromise 

safety when used occasionally to 

respond to unplanned events. The 

exemption would enable the 

Associations to reach the site of such 

events within a limited distance from 

their drivers’ normal work-reporting 

location. Once the crews arrive at the 

scene, all CMV operations would be 

conducted in full compliance with the 

applicable HOS regulations. Likewise, 

when normal rail operations have been 

restored, drivers would be required to 

comply with the HOS requirements 

during the return trip. 

Because the relief is limited to the trip 

to the scene of the unplanned event and 

such events would happen only 

occasionally and not during a 

predictable number of times per week or 

per month, drivers would not operate 

CMVs after the 14th hour of coming on 

duty as a regular part of their schedules. 

Similarly, drivers would not regularly 

operate CMVs after accumulating 60 or 

70 hours of on-duty time during 7 or 8 

consecutive days. Drivers’ standard 

schedules would include adherence to 

the 14-hour rule and the 60- and 70- 

hour rules. 

The exemption would not decrease 

drivers’ responsibility under 49 CFR 

392.3 to cease operations if their ability 

to safely operate a CMV is impaired by 

illness or fatigue. 

FMCSA Decision 

FMCSA grants the exemption because 

it will provide needed flexibility 

without compromising highway safety; 

the terms and conditions of the 

exemption would likely achieve the 

requisite level of safety. 

VIII. Terms and Conditions of the 

Exemption 

A. This exemption is restricted to 

individuals employed by the 

Associations while driving CMVs to the 

site of an ‘‘unplanned event’’ which 

includes the following: 

• A derailment; 

• A rail failure or other report of a 

dangerous track condition; 

• A track occupancy light; 

• A disruption to the electric 

propulsion system; 

• A bridge-strike; 

• A disabled vehicle on the train 

tracks; 

• A train collision; 

• Weather- and storm-related events 

including, fallen trees and other debris 

on the tracks, snow, extreme cold or 

heat, rock and mud slides, track 

washouts, and earthquakes; and 

• A matter concerning national 

security or public safety, including a 

blocked grade crossing. 

B. When operating under this 

exemption, drivers and carriers: 

• May extend the 14-hour duty period 

in § 395.3(a)(2) to no more than 17 

hours; 

• May not exceed 11 hours of driving 

time, following 10 consecutive hours off 

duty; 

• May extend the 60- and 70-hour 

rule in § 395.3(b) by no more than 6 

hours; and 

• May not travel more than 300 air 

miles from the normal work-reporting 

location or terminal. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 84099 

C. Drivers must comply with the 

applicable HOS limits after arriving at 

the site—drivers must record all time 

working to restore rail service as on 

duty, not driving. 

D. Drivers may take advantage of the 

Agency’s personal conveyance 

regulatory guidance when traveling 

between the unplanned event work site 

and nearby lodging or dining facilities 

(June 7, 2018; 83 FR 26377). If that 

guidance is not applicable to the trip, 

CMV drivers who have reached the HOS 

limits must be transported from the 

work site by an individual who is not 

subject to HOS restrictions or use a 

vehicle that does not meet FMCSA’s 

definition of a CMV (49 CFR 390.5) 

when they leave the site. 

E. Drivers must complete the Driver 

Education Module 3 and the Driver 

Sleep Disorders and Management 

Module 8 of the NAFMP) 

(www.nafmp.org) prior to operating 

under the exemption; railroads subject 

to the exemption could direct CMV 

drivers to the DOT’s Federal Railroad 

Administration’s website, the 

‘‘Railroaders’ Guide to Healthy Sleep’’ 

(https://railroadersleep.fra.dot.gov/) as 

an alternative resource if NAFMP’s 

website is unavailable; and 

F. Motor carriers and drivers must 

comply with all other provisions of the 

Federal Motor Carrier Safety 

Regulations. 

Preemption 

In accordance with 49 U.S.C.31313(d), 

as implemented by 49 CFR 381.600, 

during the period this exemption is in 

effect, no State shall enforce any law or 

regulation applicable to interstate 

commerce that conflicts with or is 

inconsistent with this exemption with 

respect to a firm or person operating 

under the exemption. States may, but 

are not required to, adopt the same 

exemption with respect to operations in 

intrastate commerce. 

Notification to FMCSA 

Under the exemption, the 

Associations must notify FMCSA within 

5 business days of any accident (as 

defined in 49 CFR 390.5), involving any 

of the CMVs operating under the terms 

of this exemption. The notification must 

include the following information: 

a. Identifier of the Exemption: ‘‘The 

Associations;’’ 

b. Name of operating carrier and 

USDOT number; 

c. Date of the accident; 

d. City or town, and State, in which 

the accident occurred, or closest to the 

accident scene; 

e. Driver’s name and license number; 

f. Co-driver’s name (if any) and 

license number; 

g. Vehicle number and state license 

number; 

h. Number of individuals suffering 

physical injury; 

i. Number of fatalities; 

j. The police-reported cause of the 

accident, if provided by the enforcement 

agency. 

k. Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations; and 

l. The records of duty status for date 

of the accident and the 7 consecutive 

days prior to the date of the accident, 

accompanied by a summary statement 

of the total on-duty time accumulated 

during the 7 consecutive days prior to 

the date of the accident, and the total 

on-duty time and driving time in the 

work shift prior to the accident. 

IX. Termination 

FMCSA does not believe the motor 

carriers and drivers covered by this 

exemption will experience any 

deterioration of their safety record. 

However, should this occur, FMCSA 

will take all steps necessary to protect 

the public interest, including revocation 

of the exemption. FMCSA will 

immediately revoke the exemption for 

failure to comply with its terms and 

conditions. 

James W. Deck, 

Deputy Administrator. 

[FR Doc. 2020–28341 Filed 12–22–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2020–0168] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel 

ONE TUSK (Catamaran); Invitation for 

Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to grant waivers of the U.S.- 

build requirements of the coastwise 

trade laws to allow the carriage of no 

more than twelve passengers for hire on 

vessels, which are three years old or 

more. A request for such a waiver has 

been received by MARAD. The vessel, 

and a brief description of the proposed 

service, is listed below. 

DATES: Submit comments on or before 

January 22, 2021. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2020–0168 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Search 

MARAD–2020–0168 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is: U.S. Department of 

Transportation, MARAD–2020–0168, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you include 

your name and a mailing address, an email 

address, or a telephone number in the body 

of your document so that we can contact you 

if we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, see the section 

entitled Public Participation. 

FOR FURTHER INFORMATION CONTACT: 

Russell Haynes, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone 202– 

366–3157, Email Russell.Haynes@

dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel ONE TUSK is: 

—Intended Commercial Use of Vessel: 

‘‘Sailing Charter and Video 

Production’’ 

—Geographic Region Including Base of 

Operations: ‘‘Florida’’ (Base of 

Operations: Sarasota, FL) 

—Vessel Length and Type: 45’ 

Catamaran 

The complete application is available 

for review identified in the DOT docket 

as MARAD–2020–0168 at http://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the issuance of the waiver will 

have an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 


jbell on DSKJLSW7X2PROD with NOTICES