3704 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Notices 

Innovation, as set out at 87 FR 17380 

(March 28, 2022), is affected by the 

amended statistical reporting categories. 

B. Conforming Amendment To

Reinstated Exclusion Extension

To maintain the pre-existing product 

coverage of the China 301 actions, one 

conforming amendment to the 

corresponding note provision in the 

HTSUS is required. In particular, the 

Annex to this notice makes one 

conforming amendment to U.S. note 

20(ttt)(iii)(27) to subchapter III of 

chapter 99 of the HTSUS, as set out in 

the Annex at 87 FR 17380 (March 28, 

2022). 

Annex 

Effective with respect to goods 

entered for consumption, or withdrawn 

from the warehouse for consumption, 

on or after 12:01 a.m. eastern standard 

time on January 1, 2024, and before 

11:59 p.m. eastern daylight time on May 

31, 2024, U.S. note 20(ttt)(iii)(27) to 

subchapter III of Chapter 99 of the 

Harmonized Tariff Schedule of the 

United States is amended by deleting 

‘‘2929.90.5090’’ and by inserting 

‘‘2929.90.5090 prior to January 1, 2024; 

described in statistical reporting number 

2929.90.5095 effective January 1, 2024’’ 

in lieu thereof. 

Juan Millan, 

Acting General Counsel, Office of the United 

States Trade Representative. 

[FR Doc. 2024–01023 Filed 1–18–24; 8:45 am] 

BILLING CODE 3390–F4–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0027] 

Hours of Service of Drivers: WestRock 

Application for Renewal of Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of provisional renewal of 

exemption; request for comments. 

SUMMARY: FMCSA announces its 

decision to provisionally renew the 

exemption currently held by WestRock 

from the hours-of-service (HOS) 

regulations that prohibit drivers from 

operating property-carrying commercial 

motor vehicles (CMVs) after 14 hours on 

duty and require 10 hours off duty 

before resuming driving. FMCSA 

renews this limited exemption for 

WestRock’s shipping department 

employees and occasional substitute 

commercial driver’s license (CDL) 

holders who transport paper mill 

products short distances on a public 

road between its shipping and receiving 

locations. The exemption is restricted to 

a specific route, measuring less than 300 

feet in one direction, in Chattanooga, 

Tennessee. This exemption will allow 

these individuals to occasionally work 

up to 16 consecutive hours and be 

allowed to return to work with less than 

the mandatory 10 consecutive hours off 

duty. The Agency previously 

determined that the CMV operations of 

WestRock’s drivers under this 

exemption would likely maintain a level 

of safety equivalent to or greater than 

the level of safety that would be 

achieved in the absence of the 

exemption. The exemption renewal is 

for 5 years. 

DATES: This renewed exemption is 

effective from April 17, 2024, and 

expires on April 16, 2029. Comments 

must be received on or before February 

20, 2024. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2010–0027 by any of the following 

methods: 

• Federal eRulemaking Portal:

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, 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, 

Washington, DC 20590–0001 between 9 

a.m. and 5 p.m. E.T., Monday through

Friday, except Federal holidays.

• Fax: (202) 493–2251.

Each submission must include the

Agency name and the docket number for 

this notice (FMCSA–2010–0027). 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 the ground level of the 

U.S. Department of Transportation, 

West Building, at 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

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

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

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

(202) 366–9826 before visiting Dockets

Operations.

Privacy Act: In accordance with 49 

U.S.C. 31315(b)(6), DOT solicits 

comments from the public on the 

exemption renewal request. DOT posts 

these comments, 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 

under the ‘‘Department Wide System of 

Records Notices’’ at www.dot.gov/ 

privacy/privacy-act-system-recordsnotices. The comments are searchable 

by the name of the submitter and are 

posted without edit. 

FOR FURTHER INFORMATION CONTACT: 

Pearlie Robinson, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards; 

FMCSA; (202) 366–4225; 

pearlie.robinson@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 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–2010–0027), 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–2010–0027 in the 

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

When the new screen appears, click on 

‘‘Documents’’ button, then click the 

‘‘Comment’’ button associated with the 

latest notice posted. Another screen will 

appear, on which you will insert the 

required information. Choose whether 

you are submitting your comment as an 

individual, an organization, or 

anonymous. Click ‘‘Submit Comment.’’ 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Notices 3705 

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. 

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 maintain 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 must publish the 

decision in the Federal Register (49 CFR 

381.315(b)), including the reason for the 

grant or denial; 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 for up to 5 

years pursuant to 49 CFR 381.300(b). 

WestRock has requested a five-year 

extension of the current exemption in 

Docket No. FMCSA–2010–0027. 

III. Background 

Current Regulatory Requirements 

Under 49 CFR 395.3(a)(2) non-short 

haul drivers may not drive after having 

been on duty for a period of 14 

consecutive hours until they have been 

off duty for a minimum of 10 

consecutive hours, or the equivalent of 

at least 10 consecutive hours off duty. 

However, certain short-haul drivers are 

allowed a 16-hour driving window once 

a week, and other short-haul drivers not 

requiring a commercial driver’s license 

are allowed two 16-hour duty periods 

per week provided specified conditions 

are met. (49 CFR 395.1). 

Application for Renewal of Exemption 

WestRock (USDOT 153734) operates a 

paper mill located in Chattanooga, 

Tennessee. Its shipping and receiving 

departments are on opposite sides of the 

paper mill, requiring driver-employees 

to travel on a public road to shuttle 

trailers as needed. These drivers utilize 

a public road—Compress Street—an 

average of forty times per day to travel 

between WestRock’s manufacturing 

facility, and shipping and receiving 

docks. These drivers do not transport 

any material farther than the paper mill 

lots and/or Compress Street. The 

distance traveled on Compress Street is 

approximately 275 feet in one direction, 

and one tractor is used to perform this 

work. Because the material being 

transported is received from or destined 

for other States, the local travel is 

interstate in nature. 

WestRock’s shipping department 

currently works 12-hour shifts for 4 

days, and then allows employees 4 days 

off duty. However, this schedule is 

subject to change. There are usually two 

shipping department employees on each 

shift, one of whom drives a fork-lift 

truck loading trailers with finished 

goods, and another who operates the 

tractor shuttling trailers. These 

employees do not drive a CMV 

continuously during their shift(s). 

At times, WestRock may operate on 

three 8-hour shifts with employees 

working a double (16-hour) shift when 

‘‘rotating back.’’ According to WestRock, 

the problem arises because of the 

double-shift, and also on occasion when 

a shipping department driver does not 

report for work as scheduled. On a 

Monday, for example, if an individual 

worked the weekend, their shift would 

normally have to ‘‘hurry back’’ within 8 

hours. As a result of the mandatory 10 

hours off-duty requirement for drivers, 

without the exemption WestRock would 

be required to schedule these drivers’ 

shifts to start later than other 

employees. This would create at least 2 

hours when the company could not load 

or transport trailers with finished goods 

due to the absence of the drivers. 

Furthermore, as a result of the 14-hour 

driving window, they would ‘‘work 

short’’ without the exemption, creating 

on-time delivery issues for other 

employees, who are allowed to work an 

entire ‘‘double shift’’ (16 hours) when 

necessary. 

WestRock (then known as RockTenn) 

submitted its initial exemption 

application for relief from the HOS rules 

in 2009; a copy of the application is in 

the docket. That application fully 

describes the nature of shipping 

operations encountered by CMV drivers 

employed by WestRock. On May 29, 

2012, FMCSA granted WestRock the 

limited exemption (77 FR 31684). 

FMCSA has since renewed this limited 

exemption on three occasions: April 22, 

2014 (77 FR 22571); July 25, 2016 (81 

FR 48496) and July 29, 2019 (84 FR 

36655). The current exemption expires 

on April 16, 2024. 

WestRock has requested an additional 

five-year renewal of the exemption for 

its shipping department employees and 

occasional substitute CDL holders who 

transport paper mill products short 

distances (less than 300 feet in one 

direction) between its shipping and 

receiving locations on a public road. 

The exemption allows these employees 

to work up to 16 consecutive hours in 

a duty period and return to work with 

a minimum of at least 8 hours off duty 

when necessary for efficient operations. 

IV. Equivalent Level Safety 

Since 2012, FMCSA has determined 

that the operations of WestRock’s 

drivers would likely maintain a level of 

safety equivalent to, or greater than, the 

level of safety achieved without the 

exemption. WestRock’s shipping 

department employees and occasional 

substitute CDL holders covered by the 

exemption are exclusively assigned to a 

specific route on a public road for brief 

periods of time. This route is entirely on 

one street (Compress Street), between 

the shipping and receiving departments, 

measuring approximately 275 feet in 

one direction. FMCSA previously noted 

that the exemption is comparable to 

current HOS regulations that allow 

certain ‘‘short-haul’’ drivers a 16-hour 

driving ‘‘window’’ once a week and 

other non-CDL short-haul drivers two 

16-hour duty periods per week, 

provided specified conditions are met. 

FMCSA is unaware of any evidence of 

a degradation of safety attributable to 

the current exemption for WestRock’s 

drivers. Further, WestRock asserted that, 

since the initial approval of its waiver, 

it has operated safely without incident. 

There is no indication of an adverse 

impact on safety while operating under 

the terms and conditions specified in 

the initial exemption or exemption 

renewals. 

FMCSA therefore concludes that 

provisionally renewing the exemption 

granted on July 29, 2019, for another 

five years, under the terms and 

conditions listed below, will likely 

maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

V. Exemption Decision 

A. Grant of Provisional Renewal of 

Exemption 

FMCSA provisionally renews the 

exemption for a period of five years, 

subject to the terms and conditions of 

this decision and the absence of adverse 

public comments that would cause the 


ddrumheller on DSK120RN23PROD with NOTICES1
3706 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Notices 

Agency to terminate the exemption. If 

comments are received to the public 

docket, FMCSA will publish a second 

Federal Register notice affirming or 

revoking the renewal. The exemption 

from the requirements of 49 CFR 

395.3(a)(1) (the 10-hour off-duty rule) 

and (a)(2) (the ‘‘14-hour rule’’) is 

otherwise effective beginning April 17, 

2024, through April 16, 2029, 11:59 p.m. 

local time, unless previously revoked. 

B. Applicability of Exemption 

During the exemption period, 

WestRock’s shipping department 

employees and occasional substitute 

CDL holders who transport paper mill 

products between the shipping and 

receiving locations along the designated 

route on Compress Street in 

Chattanooga, TN, may work up to 16 

consecutive hours in a duty period and 

return to work with a minimum of at 

least 8 hours off duty when necessary. 

C. Terms and Conditions 

The exemption is restricted to 

shipping department employees and 

occasional substitute CDL holders 

employed by WestRock who are 

exclusively assigned to a specific route. 

This specific route is entirely on 

Compress Street, between WestRock’s 

shipping and receiving departments, 

measuring approximately 275 feet in 

one direction. 

D. Preemption 

In accordance with 49 U.S.C. 

31315(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation that 

conflicts with or is inconsistent with 

this exemption with respect to a firm or 

person operating under the exemption. 

E. Notification to FMCSA 

WestRock must notify FMCSA within 

5 business days of any accident (as 

defined in 49 CFR 390.5), involving any 

of the motor carrier’s CMVs operating 

under the terms of this exemption. The 

notification must include the following 

information: 

(a) Name of the exemption: 

‘‘WestRock’’; 

(b) Date of the accident; 

(c) City or town, and State, in which 

the accident occurred, or which is 

closest to the accident scene; 

(d) Driver’s name and license number; 

(e) Vehicle number and State license 

number; 

(f) Number of individuals suffering 

physical injury; 

(g) Number of fatalities; 

(h) The police-reported cause of the 

accident; 

(i) Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations; and 

(j) The driver’s total driving time and 

total on-duty time prior to the accident. 

Reports filed under this provision 

shall be emailed to MCPSD@DOT.GOV. 

F. Termination 

FMCSA does not believe the drivers 

covered by this exemption will 

experience any deterioration of their 

safety record. The exemption will be 

rescinded if: (1) WestRock and drivers 

operating under the exemption fail to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objects of 49 U.S.C. 31136(e) and 

31315(b). 

VI. Request for Comments 

FMCSA requests public comment 

from all interested persons regarding 

WestRock’s application for a renewal of 

the exemption. The Agency will 

evaluate any adverse evidence 

submitted and, if it determines safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315(b), FMCSA 

may take immediate steps to revoke or 

modify the exemption. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2024–00939 Filed 1–18–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Preparation of an Environmental 

Impact Statement for the Austin Light 

Rail Project in Austin, Texas 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Federal Transit 

Administration (FTA), as lead Federal 

agency, and the Austin Transit 

Partnership (ATP), as local project 

sponsor and joint lead agency 

(collectively, the Agencies), issue this 

notice to advise the public that they 

intend to prepare an environmental 

impact statement (EIS) for Phase 1 of the 

Austin Light Rail Project (the Project) in 

Austin, Texas (City) pursuant to the 

National Environmental Policy Act 

(NEPA). The Project is a proposed 9.8- 

mile light rail transit (LRT) branched 

line, including 15 stations, from points 

north, south, and east of downtown 

Austin, as well as an operations and 

maintenance facility (OMF), 

maintenance of way (MOW) shops, and 

associated LRT equipment storage 

functions. FTA has determined that the 

Project is sufficiently developed to 

allow for meaningful public comment 

and requires an EIS. 

DATES: Comments related to the NEPA 

review of the Project must be received 

on or before March 4, 2024. 

ADDRESSES: Comments on the scope of 

the EIS should be sent to: Austin Transit 

Partnership, 203 Colorado St., Austin, 

TX 78701 or via email at input@

atptx.org. 

FOR FURTHER INFORMATION CONTACT: For 

FTA: Mr. Terence Plaskon, Federal 

Transit Administration, Region VI, 819 

Taylor Street, Fort Worth, TX 76102, at 

(817) 978–0573 or terence.plaskon@

dot.gov. For ATP: Mr. Deron Lozano, 

Austin Transit Partnership, 203 

Colorado Street, Austin, TX 78701, at 

(512) 923–3257 or deron.lozano@

atptx.org. 

SUPPLEMENTARY INFORMATION: The 

Agencies will prepare the EIS in 

accordance with NEPA and its 

implementing regulations. The EIS will 

evaluate two alternatives: a No Build 

Alternative and a Build Alternative. 

After circulation of the draft EIS (DEIS) 

and consideration of comments 

received, FTA intends to issue a 

combined final EIS (FEIS)/Record of 

Decision (ROD) document pursuant to 

23 U.S.C. 139(n)(2), unless statutory 

criteria preclude issuance of a combined 

document (i.e., the FEIS makes 

substantial changes to the proposed 

action that are relevant to 

environmental or safety concerns or 

there is a significant new circumstance 

or information relevant to 

environmental concerns that affect the 

proposed action or its impacts). FTA is 

currently evaluating the Project’s 

eligibility for discretionary Federal 

funding under FTA’s Capital Investment 

Grants program. 

I. Purpose and Need for the Proposed 

Action 

The Project is part of the Project 

Connect Long-Term Vision Plan (Project 

Connect). Project Connect includes 

high-capacity transit (HCT) corridors 

and is an integral part of the Austin 

Strategic Mobility Plan that was 

approved by the Austin City Council in 

2019. In 2020, the Capital Area 

Metropolitan Planning Organization 

adopted its 2045 Regional 

Transportation Plan which included 


ddrumheller on DSK120RN23PROD with NOTICES1