Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices 52767 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

of Proposed Highway/Interchange 

Improvement in California; Statute of 

Limitations on Claims 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by the 

California Department of Transportation 

(Caltrans), pursuant to 23 U.S.C. 327. 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans, that 

are final. The actions relate to the 

proposed highway project, Alameda 

Creek Bridge Replacement Project on 

State Route 84 (SR–84) between the City 

of Fremont and the town of Sunol in 

southern Alameda County, 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 April 13, 2018. 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, Office of Environmental 

Analysis, California Department of 

Transportation—District 4, 111 Grand 

Avenue, Oakland, California, 8 a.m. to 

5 p.m., (510) 286–6025, brian.gassner@

dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the Federal Highway 

Administration (FHWA) assigned, and 

the California Department of 

Transportation (Caltrans) assumed, 

environmental responsibilities for this 

project pursuant to 23 U.S.C. 327. 

Notice is hereby given that 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. Caltrans proposes to replace 

the Alameda Creek Bridge and realign 

the bridge approaches on SR–84 from 

postmile 13.0 to 13.6. The project would 

replace the existing 1928, two-lane 

bridge with a new, two-lane structure 

with standard eight-foot wide shoulders, 

approximately 75 feet north of the 

existing bridge. The purpose of this 

project is to correct structural and 

geometric deficiencies of the Alameda 

Creek Bridge and its approaches while 

providing a facility that meets driver 

expectations of SR–84’s operating 

speed, all of which improve safety. The 

actions by the Federal agencies, and the 

laws under which such actions were 

taken, are described in the Final 

Environmental Impact Report (EIR)/ 

Environmental Assessment (EA) for the 

project, approved on September 25, 

2017, and in the Caltrans Finding of No 

Significant Impact (FONSI) issued on 

August 16, 2017, and in other 

documents in the Caltrans project 

records. The Final EIR/EA, FONSI, and 

other project records are available by 

contacting Caltrans at the address 

provided above. The Caltrans Final EIR/ 

EA and FONSI can be viewed and 

downloaded from the project Web site at 

http://www.dot.ca.gov/d4/envdocs.htm. 

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) Council on Environmental Quality 

regulations; 

(2) National Environmental Policy Act 

(NEPA); 

(3) Moving Ahead for Progress in the 

21st Century Act (MAP–21); 

(4) Department of Transportation Act 

of 1966; 

(5) Federal Aid Highway Act of 1970; 

(6) Clean Air Act Amendments of 

1990; 

(7) Noise Control Act of 1970; 

(8) 23 CFR part 772 FHWA Noise 

Standards, Policies and Procedures; 

(9) Department of Transportation Act 

of 1966, Section 4(f); 

(10) Clean Water Act of 1977 and 

1987; 

(11) Endangered Species Act of 1973; 

(12) Migratory Bird Treaty Act; 

(13) National Historic Preservation 

Act of 1966, as amended; 

(14) Historic Sites Act of 1935; 

(15) Executive Order 13112, Invasive 

Species; 

(16) Executive Order 11990— 

Protection of Wetlands; and 

(17) Title VI of the Civil Rights Act of 

1964, as amended. 

(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). 

Tashia J. Clemons, 

Director of Program Development Federal 

Highway Administration, Sacramento, CA. 

[FR Doc. 2017–24625 Filed 11–13–17; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0190] 

Hours of Service of Drivers: 

Application for Exemption; Rail 

Delivery Services, Inc. (RDS) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant Rail Delivery Services, 

Inc. (RDS), an exemption from the 

logbook requirements for its drivers who 

may not meet all of the conditions for 

utilization of the 100 air-mile radius log 

book exemption. This exemption 

enables RDS’ drivers who stay within 

the 100 air-mile radius, but may 

occasionally take more than 12 hours to 

return to their work-reporting location, 

from having to complete a daily record 

of duty status (RODS) on those days. 

Instead the drivers will at all times use 

an electronic logging device system 

called Geotab to track all hours-ofservice (HOS) data including real-time 

vehicle locations. FMCSA has analyzed 

the exemption application and the 

public comments and has determined 

that the exemption, subject to the terms 

and conditions imposed, is likely to 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption. 

DATES: The exemption is applicable 

from 12:01 a.m., November 14, 2017 

through 11:59 p.m., November 14, 2022. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division; Office 

of Carrier, Driver and Vehicle Safety 

Standards; Telephone: 614–942–6477. 

Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

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 


ethrower on DSK3G9T082PROD with NOTICES
52768 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices 

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)). 

Request for Exemption 

RDS is, according to its Web site at 

www.raildelivery.com, a ‘‘Californiabased intermodal trucking company 

moving freight, trailers and containers 

between railroads, ports, consignees and 

shippers, reliably and efficiently 

throughout California and adjacent 

states’’ (USDOT 520912). RDS believes 

that all of its drivers—approximately 

100–120—would operate under the 

terms of the requested exemption from 

the 12-hour limitation in the log-book 

exception in 49 CFR 395.1(e)(1). 

On a weekly basis, RDS expects that 

about 15% of its drivers will return to 

their work reporting location more than 

12 hours after coming on duty, due to 

waiting times at rail yards and shipper 

locations, while still operating within 

the required 100 air-mile radius. The 

drivers who occasionally exceed the 12- 

hour limitation nearly always return to 

the terminal within 14 hours. 

On average, less than 2% of RDS 

drivers exceed the daily 14-hour limit. 

If a CMV is operated beyond the 14th 

hour, the departments work diligently to 

determine whether the truck was over 

the HOS limits, or utilized for personal 

conveyance. In virtually all of these 

cases, owner-operators are using their 

vehicles for personal conveyance. 

According to RDS, nearly all its 

drivers operate within a 70- to 80-mile 

radius of their home terminal. They are 

home every day and for the most part 

meet the exemption requirements of the 

100 air-mile radius provision. Some of 

these drivers record their hours worked 

on an ‘‘exempt’’ log. Other drivers 

complete a grid log, even though they 

meet the 100 air-mile radius exemption. 

Both types of paper logs are time 

consuming for the drivers and the RDS 

Safety Department. For this reason, RDS 

has embarked on the use of system 

incorporating a vehicle recording device 

to accurately record all the drivers’ 

activities, including on-duty time, 

driving time, and total hours for the day. 

This electronic system allows for 

accuracy and real-time follow up. RDS 

believes that with this system it is 

improving the safety of the motoring 

public by ensuring that the drivers do 

not falsify their log books or operate 

when they are tired. Additionally, 

proactive measures have been 

implemented by RDS to improve 

highway safety. RDS states that the use 

of a daily log book or an ‘‘exempt’’ log 

does not enable the carrier to monitor 

and respond to these events in real-time. 

Violations are discovered 12 to 24 hours 

later. However, with the electronic 

tracking system, all departments see the 

events in real-time and can respond 

immediately. 

RDS believes that the use of the 

electronic system, along with its 

increased focus on driver training and 

education, goes beyond compliance 

with the Federal regulations. The 

system has allowed and will continue to 

allow RDS to provide additional timely 

oversight of drivers and has improved, 

and will enable the company to 

enhance, safety and reduce fatigue. 

Public Comments 

On July 7, 2017, FMCSA published 

notice of this application and requested 

public comment (82 FR 31680). The 

Agency received 17 docket comments, 6 

supporting the request, including those 

from the Intermodal Association of 

North America (IANA); Farruggio’s 

Express; and California Multimodal, Inc. 

LLC. The Advocates for Highway and 

Auto Safety (Advocates) and others 

opposed the request. 

Those in favor commented that RDS’ 

implementation and use of fleet 

management and tracking devices 

provides robust functionality with 

instantaneous feedback, visibility and 

transparency that far exceeds the 

traditional, paper-based logbook its 

drivers are required to complete under 

the existing HOS rules (when not 

meeting the RODS exception in 49 CFR 

395.1) and ELD mandate. 

Commenters also noted that RDS’ 

telematics provides management with 

immediate data on driving events and 

potentially unsafe driver behaviors, 

such as HOS violations, speeding, 

sudden braking, harsh cornering, and 

seatbelt usage, allowing the company to 

proactively manage driver safety, 

training and education; and quickly 

identify potential safety and/or noncompliance trends across the company. 

Addressing these safety matters before 

they become serious patterns and 

problems, promulgates and cultivate its 

safety culture on a real-time basis. 

Advocates failed to see how the 

exemption would be necessary if RDS 

has implemented ‘‘the Geo Tab system 

[which] meets the requirements of the 

ELD rule.’’ If RDS has implemented an 

ELD compliant system, there is no need 

for an exception from the present rule 

requiring drivers who fail to meet the 

100-air mile radius exception as their 

RODS is automatically being recorded 

by the system and carrier. 

All comments are available for review 

in the docket for this notice. 

FMCSA Decision 

FMCSA has evaluated RDS’ 

application for exemption and the 

public comments and decided to grant 

the exemption. The Agency believes 

that RDS’ overall safety program will 

likely enable it to achieve a level of 

safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption (49 CFR 

381.305(a)). 

FMCSA believes that RDS’ use of the 

Geotab 7 system, along with RDS’ 

increased focus on driver training and 

education, goes beyond basic 

compliance with the Federal 

regulations. The electronic system will 

allow RDS to provide additional timely 

oversight of safety issues. FMCSA has 

therefore decided to grant the 

exemption, subject to the terms and 

conditions outlined below. 

Terms and Conditions of the Exemption 

Terms of the Exemption 

RDS’ drivers who stay within the 100 

air-mile radius but may occasionally 

exceed the 12-hour limitation are 

exempt from having to complete a daily 

record of duty status (RODS) at those 

times if, at all times, their hours of 

service data is recorded by the Geotab 

system. The exemption is contingent 

upon RDS maintaining USDOT 

registration, minimum levels of public 

liability insurance, and not being 

subject to any ‘‘imminent hazard’’ or 

other out-of-service (OOS) order issued 

by FMCSA. 

Drivers must have a copy of this 

exemption document or FMCSA-issued 

equivalent in their possession while 

operating under the terms of the 

exemption. The exemption document or 

FMCSA-issued equivalent must be 

presented to law enforcement officials 

upon request. RDS must have a 

‘‘Satisfactory’’ safety rating with 

FMCSA, or be ‘‘unrated.’’ 

Period of the Exemption 

This exemption from the 

requirements of 49 CFR 395.1(e)(1) is 

effective from 12:01 a.m., November 14, 


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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices 52769 

2017 through 11:59 p.m., November 14, 

2022. 

Extent of the Exemption 

This exemption is limited strictly to 

the provisions of 49 CFR 395.1(e)(1) 

(Short haul operations; 100 air-mile 

radius driver). These drivers must 

comply with all other applicable 

provisions of the FMCSRs. 

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 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 this exemption, RDS must 

notify FMCSA within 5 business days of 

any accident (as defined in 49 CFR 

390.5), involving any of the motor 

carrier’s drivers operating under the 

terms of this exemption. The 

notification must include the following 

information: 

(a) Identity of Exemption: ‘‘RDS’’ 

(b) Date of the accident, 

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

the accident occurred, or closest to the 

accident scene, 

(d) Driver’s name and license number, 

(e) Co-driver’s name and license 

number, 

(f) Vehicle number and State license 

number, 

(g) Number of individuals suffering 

physical injury, 

(h) Number of fatalities, 

(i) The police-reported cause of the 

accident, 

(j) Whether the driver was cited for 

violation of any traffic laws, motor 

carrier safety regulations, and 

(k) The total driving time and total onduty time of the CMV driver prior to the 

accident. 

Accident notifications shall be 

emailed to MCPSD@dot.gov. 

Termination 

FMCSA believes that RDS’ drivers 

will continue to maintain their previous 

safety record while operating under this 

exemption. However, should problems 

occur, FMCSA will take all steps 

necessary to protect the public interest, 

including revocation or restriction of the 

exemption. FMCSA will immediately 

revoke or restrict the exemption for 

failure to comply with its terms and 

conditions. 

Issued on: November 2, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–24599 Filed 11–13–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0111] 

Notice of Application for Approval To 

Discontinue or Modify a Railroad 

Signal System 

Under part 235 of Title 49 of the Code 

of Federal Regulations (CFR) and 49 

U.S.C. 20502(a), this provides the public 

notice that on September 20, 2017, the 

Union Pacific Railroad (UP) petitioned 

the Federal Railroad Administration 

(FRA) seeking approval to discontinue 

or modify a signal system. FRA assigned 

the petition Docket Number FRA–2017– 

0111. 

Applicant: Union Pacific Railroad, Mr. 

Kevin D. Hicks, AVP Engineering— 

Design, 1400 Douglas Street, MS 0910, 

Omaha, NE 68179 

Union Pacific seeks to discontinue the 

automatic block signals (ABS) on the 

Utah Service Unit, Montana 

Subdivision, in the cities of Pocatello, 

Chubbuck, Fort Hall, Blackfoot, Firth, 

Shelley and Idaho Falls in the state of 

Idaho. 

There are 43 active Highway-Rail 

Grade Crossings and 2 hot-box and 

dragging equipment detectors in the 

area which will remain as currently 

installed. 

The reason for the discontinuance of 

the ABS is that the condition of the 

signal system would require complete 

replacement to avert safety issues and 

FRA defects, and the amount of traffic 

on the subdivision does not warrant the 

cost of replacement. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

Docket Operations Facility, 1200 New 

Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested parties desire 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

December 29, 2017 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its processes. 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 https://

www.transportation.gov/privacy. See 

also https://www.regulations.gov/ 

privacyNotice for the privacy notice of 

regulations.gov. 

Robert C. Lauby, 

Associate Administrator for Safety, Chief 

Safety Officer. 

[FR Doc. 2017–24559 Filed 11–13–17; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2017–0116] 

Petition for Waiver of Compliance 

Under part 211 of Title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on November 1, 2017, BNSF 

Railway (BNSF) petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 


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