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requested a 90-day extension of the
comment period.1
The FHWA recognizes that others
interested in commenting may have
similar concerns and agrees that the
comment period should be extended.
The FHWA, however, does not agree
that the comment period should be
extended for such a long duration and
notes that many stakeholders have
already provided substantive,
responsive comments. The BABA is
meant to strengthen domestic
manufacturing by expanding the
coverage and application of Buy
America preferences in Federal
financial assistance programs for
infrastructure. Consistent with this goal,
BABA section 70914(d) also requires
Agencies to review existing waivers of
general applicability that effectively
limit the extent to which Buy America
preferences are applied. To carry out
this purpose, FHWA believes it
necessary to proceed with the review of
comments submitted on the review of
the Manufactured Products General
Waiver as expeditiously as possible,
while also providing sufficient time for
all commenters to provide information
on the issues raised in the March 17
notice. While FHWA agrees with the
coalition of stakeholders that more than
30 days is needed to achieve these dual
purposes, FHWA believes that
extending the comment period by 90
days would unnecessarily delay
FHWA’s ability to review comments and
publish a determination on whether to
continue or discontinue the
Manufactured Products General Waiver
under BABA section 70914(d)(2)(B) in a
timely manner. For that reason, FHWA
is reopening and extending the
comment period by 30 days for these
organizations and others to submit
1 This coalition was comprised of the Associated
General Contractors of America, American
Association of State Highway and Transportation
Officials, American Concrete Pipe Association,
American Council of Engineering Companies,
American Highway Users Alliance, American Road
& Transportation Builders Association, American
Society of Civil Engineers, American Traffic Safety
Services Association, Associated Equipment
Distributors, National Asphalt Pavement
Association, National Association of Surety Bond
Producers, National Ready Mixed Concrete
Association, National Stone, Sand & Gravel
Association, National Utility Contractors
Association, Portland Cement Association, Power
and Communication Contractors Association,
Surety & Fidelity Association of America, U.S.
Chamber of Commerce, and Water and Sewer
Distributors of America. Comment from Coalition of
Stakeholders (Mar. 31, 2022), https://
www.regulations.gov/comment/FHWA-2022-00270012.

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comments. The closing date for the
comment period is May 22, 2023.
Andrew Rogers,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2023–08446 Filed 4–20–23; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0174]

Agency Information Collection
Activities; Approval of a New
Information Collection Request:
Human Factors Considerations in
Commercial Motor Vehicle Automated
Driving Systems and Advanced Driver
Assistance Systems
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval. This notice invites
comments on a proposed information
collection titled Human Factors
Considerations in Commercial Motor
Vehicle Automated Driving Systems and
Advanced Driver Assistance Systems. It
is a driving simulator study with a
series of questionnaires that will
evaluate how commercial motor vehicle
(CMV) drivers engage in CMVs
equipped with SAE International Level
2 (L2) advanced driver assistance
systems (ADAS) and Level 3 (L3)
automated driving systems (ADS).
Approximately 100 CMV drivers will
participate in the study. The study will
examine the effect of non-driving
secondary task engagement, transfer of
control, and training on driver behavior
in CMVs equipped with ADAS and
ADS.
DATES: Comments on this notice must be
received on or before May 22, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Theresa Hallquist, Office of Research
and Registration, DOT, FMCSA, West
Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; 202–366–1064; theresa.hallquist@
dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Human Factors in CMVs
Equipped with ADS and ADAS.
OMB Control Number: 2126–00XX.
Type of Request: New ICR.
Respondents: Commercial motor
vehicle drivers.
Estimated Number of Respondents:
100.
Estimated Time per Response: 4
hours.
Expiration Date: This is a new ICR.
Frequency of Response: Two
responses.
Estimated Total Annual Burden: 476
hours.
Background
Higher levels of ADAS and lower
levels of ADS present an environment
that is ripe for overreliance. An L2
vehicle offers longitudinal and lateral
support to the driver; however, the
driver is still responsible for driving at
all times. An L2 vehicle is an example
of higher levels of ADAS. At this level,
engaging in non-driving secondary tasks
can be highly detrimental to driving
performance as the driver may not
recognize and respond to hazards timely
or appropriately. In an L3 vehicle, the
role of distraction is blurred. L3 is the
lowest level considered to be ADS. The
driver takes on a more supervisory role
and is in full control of the vehicle in
a limited number of situations. When an
L3 vehicle alerts the driver that a
takeover is required, the driver needs to
have situational awareness to resume
full control of the vehicle. Engagement
in non-driving secondary tasks may
prevent the driver from maintaining
situational awareness of the driving
environment.
A recently completed study by
FMCSA on research involving ADSs in
CMVs found a lack of research related
to ADS-equipped CMVs. To date, most
commercial ADSs on U.S. roadways are
in passenger vehicles, and CMV ADSs
have only recently begun being
implemented in real-world operations.
Therefore, FMCSA needs more data on
ADS-equipped CMVs to understand
driver behavior and policy implications.
The purpose for obtaining data in this
study is to evaluate driver readiness to
assume control in SAE L2 ADAS and L3
ADS-equipped CMVs and develop and
test a CMV driver distraction training
program designed to improve driver
readiness. Specifically, there are three

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Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
primary objectives for the data
collection:
(1) determine the effect of distraction
on CMV drivers of L2 vehicles;
(2) determine the effect of transfer of
control on CMV drivers in L3 vehicles;
and
(3) develop and evaluate a training
program that is designed to decrease the
levels of distraction that were identified
in CMV drivers in L2 vehicles and
designed to improve the problems with
the transfer of control that were
identified in L3 vehicles.
Answers to these research questions
will provide insight into the human
factors associated with semi-automated
CMVs. Moreover, these findings will
inform training materials to educate
drivers on distraction and the
functionality of ADAS and ADS as well
as policy pertaining to the implications
of ADASs and ADSs in CMVs.
The study includes data collection
from a series of questionnaires and a
driving simulator-focused experiment.
The collected survey data will support
the simulator experiment data. The
survey data will be used in two ways:
in the assessment of driving
performance data as covariates in the
model (to control for certain
demographic variables, such as age,
gender, and experience) and to answer
a research question on the relationship
between driver characteristics and
driver readiness and performance. Data
on driver readiness and performance
will be collected from the simulator
experiment. Eligible drivers will hold a
valid commercial driver’s license,
currently drive a CMV, be 21 years of
age or older, and pass the motion
sickness history screening
questionnaire.
Data will be collected over two study
sessions. The first study session will
collect data on the effects of non-driving
secondary tasks and readiness to resume
control of an L2- or L3-equipped CMV.
The second study session will assess the
effectiveness of driver training to
improve safety while operating an L2 or
L3 CMV. Questionnaire data will be
collected prior to the simulator study,
during the simulator study, and after the
simulator study. In addition,
participants will complete
questionnaires about the training in the
second study session. All questionnaires
will be preloaded in an app format for
drivers to complete on a tablet.
We anticipate 100 participants in total
for the driving simulator study. Fifty
drivers will participate in the L2 study
sessions, and the other 50 drivers will
participate in the L3 study sessions.
During consent, each participant will
agree to participate in both the L2/L3

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simulator study session and the training
study session. For a participant who
chooses not to continue, a new driver
will be recruited to fill their position.
These new participants will not have
data from the L2/L3 study but will need
to complete a new consent form, pre-/
post-study questionnaires, and the
training questionnaire. Each study
session will be completed in 4 hours,
resulting in a total of up to 8 hours of
participation for drivers that complete
both study sessions.
Multiple analyses will be used,
including an assessment of driver
distraction and its effects on driver
readiness and driving performance. In
the L2 and L3 studies, general linear
mixed models (GLMMs) will be used to
answer the research questions. In the
transportation safety field, GLMMs are
often used to analyze driver behavior
and assess relationships between
driving scenarios and behaviors. To
evaluate the effectiveness of the training
program, linear mixed models will be
used with random intercepts. Driver
random intercepts will account for
participants’ correlated behaviors and
expectations in the L2 or L3 system
before and after training.
FMCSA published the 60-day Federal
Register notice on September 21, 2022,
and the comment period closed on
November 21, 2022 (87 FR 57748). A
total of 93 comments were received
from the public. These comments
revolved around nine issues: general
safety concerns with CMVADS, concern
for job loss due to ADS-equipped CMVs,
concerns related to the operation of ADS
within specific operational design
domains, concerns with specific ADS
and/or ADAS, the failure of ADS
sensors, the security of ADS-equipped
CMVs, driver inattention/distraction
when operating an ADS, data collection
efforts, and support for the study.
Responses to these issues are below.
Many comments touched on multiple
issues; however, the comments below
are organized based on the primary
feedback provided.
General Safety Concerns With ADSEquipped CMVS
Fifty percent of the comments
received expressed general safety
concerns related to ADS-equipped
CMVs. FMCSA is actively engaged in
many research and administrative
activities to help improve the safety of
CMV drivers and the general public,
including research on ADS. There are
many research questions that need to be
answered before ADS-equipped CMVs
are deployed at scale. Some of these
research questions are focused on the
ADS technology itself to ensure that the

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ADS technology functions as intended
and incorporates the appropriate
redundant failsafe systems. However,
other research questions are focused on
the human factors related to how
individuals within the CMV industry
will interact with ADS-equipped CMVs.
Crashes involving ADAS illustrate
why research focused on human factors
is critical prior to full-scale deployment
of ADS. Many of the incidents involve
a mismatch between driver expectations
of the technology and the driver’s true
role and responsibility to monitor
vehicle features. This study is focused
on L2 and L3-equipped CMVs. The
systems included in this study would
require a driver inside the vehicle who
is ready to resume control of the vehicle
when needed or requested (e.g., during
icy conditions).
Results from this study will be used
to develop and evaluate a training
program designed to improve drivers’
understanding and expectation of ADS.
This training program will also attempt
to improve drivers’ attention
maintenance and hazard anticipation
while operating L2 and L3 vehicles.
Although FMCSA believes this is a
critical research study to understand
how driver inattention may affect
performance of L2 and L3 CMVs, it is
only one research study of many that are
needed to ensure the safety of drivers on
the roadways.
Concerns for Loss of Jobs Due to ADSEquipped CMVS
Ten comments from the public
focused on the potential loss of jobs as
a result of ADS-equipped CMVs. The
trucking industry employs millions of
individuals in the U.S. who are vital to
the U.S. economy. Additionally, there
are millions of other individuals who
work in roles that support the
transportation industry (e.g., gas
stations, truck stops, maintenance
facilities, etc.). Better pay for drivers,
effective training, safe equipment, and
improved quality of life for drivers are
important factors for retaining safe
drivers within the industry.
ADAS and ADS offer possible
solutions that help drivers maintain a
better quality of life. For example, they
may offer improved health through
crash reduction and allow more home
time through more regional operations
for drivers who so desire. As mentioned
above, this study is focused on L2 and
L3 ADS-equipped CMVs. Both systems
under investigation in this study would
require a driver to be in the truck at all
times and ready to resume control of the
vehicle when requested. Thus, the
technologies investigated in this study
would not result in driver job loss.

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Concerns for ADS in Specific
Operational Domains
Seven comments provided by the
public focused on concerns related to
ADS-equipped CMVs operating outside
of their intended operational design
domain. Each ADS is designed to
operate within specific conditions.
These conditions provide parameters for
the safe operation of ADS on the road.
Before widespread deployment of ADS,
more development, testing, and
verification of ADS-equipped CMVs is
needed to understand safe parameters
and before they can operate in all
conditions or anticipate and respond to
all possible infrequent events.
As mentioned above, the safety
technologies being investigated require
a driver inside the vehicle at all times
who could assume control of the CMV
if conditions dictate. Drivers operating
an L2 or L3-equipped CMV must be
ready to assume control in these
situations. These situations demonstrate
why it is important to research driver
inattention and vigilance of the driver
when operating L2 and L3 vehicles.
This research will provide information
to ensure drivers are capable and safe to
assume control of the CMV when
needed through the development and
evaluation of a training program to
educate drivers on ADS capabilities and
highlight the importance of maintaining
attention while operating L2 and L3
vehicles.

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Concerns With Specific ADAS/ADS
Six comments expressed concerns
related to a specific advanced driver
assistance feature or a particular ADS.
These comments illustrate how
additional research and development
are needed for many of the features that
will support ADS in CMVs. Although
the technology to support ADS (i.e.,
automatic emergency braking) has
improved, there are still areas in need
of improvement prior to the deployment
of ADS-equipped CMVs. One of the
objectives of this study is to better
understand the effect of driver
inattention while operating a CMV
equipped with these support
technologies. Ensuring drivers of L2
vehicles maintain attention to the road
is important so that the drivers can
anticipate hazards and potential
scenarios where the L2 features may not
operate as intended. Similarly, research
to study inattention while operating an
L3 vehicle is needed to determine what
training and education will help drivers
prepare to resume control when
requested. This research, conducted in a
simulator, will help the industry better
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vehicles can be prepared to take over
control when necessary to ensure the
safe operation of the CMV and the safety
of the general public.
Concerns Related to Sensor Failure
Twelve comments primarily
discussed concerns related to the failure
of ADS sensors. Drivers’ concerns
related to the importance of properly
maintained and functioning sensors are
valid. Sensors do fail and/or become
dirty if covered in debris, making them
inoperable. It is critical for ADS to have
redundant sensors or a backup
alternative sensor system in case of
failure. Research on the functionality of
the technologies and sensors is ongoing.
However, human factors-focused
research is also necessary to ensure the
safety of L2 and L3 vehicles. The
technologies researched in this study
require a driver to be in the vehicle and
ready to take over control when needed
or alerted. This study will examine how
driver inattention affects a driver’s
ability to successfully respond to or
anticipate hazards or scenarios that may
require human control of the vehicle.
This research is critical to help invehicle drivers be prepared when a
sensor does fail or if the technology
does not anticipate a hazard
appropriately.
Concerns Related to the Security of
ADS
Two comments focused on securing
ADS against threats. The security of
ADS-equipped CMVs is of incredible
importance. Research and efforts related
to the security of the vehicles is needed.
However, this is a separate area of
research and development and should
not detract from the importance of
human-factors research. As mentioned
above, the purpose of this study is to
ensure in-vehicle drivers are capable
and ready to respond to unexpected
hazards, scenarios, and requests to take
over control of the vehicle when
needed.
Concerns That Inattention/Distraction
Will Increase With ADAS and ADS
Five comments discussed concerns
related to potential increases in driver
distraction, inattention, and reduced
vigilance with the use of crash
mitigation technologies. There is a need
for research focused on driver
inattention while operating CMVs
equipped with ADAS and ADS. More
data are needed to understand the
prevalence of inattention when using,
and drivers’ overreliance on, crash
mitigation technologies. This study is
designed to gather data on these
concerns in a safe environment without

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putting the CMV driver and the general
public at risk. Results from this study
will be used to develop training
materials and information that may
reduce this risk.
Concerns With the Data Collection
Efforts
One comment focused on this study’s
proposed data collection methodology.
As mentioned in the Federal Register
notice, each study session will last
approximately 4 hours. Although driver
fatigue is an important area of research,
this study is focused on driver
distraction. However, driver fatigue may
be observed in the study and will be
identified and documented via eye
tracking technologies.
Power analyses were performed to
approximate the number of participants
needed to find statistically significant
results (if present). The sample included
in this study was based on this power
analysis with additional participants to
account for attrition. However, the
sample is a convenience sample, and
there are no attempts to say the sample
is representative of the U.S. CMV
industry. Demographic information
(e.g., gender, age, health, etc.) will be
collected and may be used to help
control for potential confounding or
extraneous variables during the
statistical analyses.
Support for the Study
Three comments provided support for
the study and provided additional
insights based on recent investigations
or research. Additional comments
expressed the importance of focusing
research on higher levels of ADS (i.e., L4
or L5). Although FMCSA agrees much
more research and data are needed on
more advanced ADS, some original
equipment manufacturers and
developers of L2 and L3 vehicles are
deploying vehicles with lower levels of
driver assistance or automation. For
example, L2 CMVs are available for
purchase now. Research is needed to
understand how inattention affects
performance in vehicles with these
levels of ADS and to ensure the safety
of the CMV driver and the general
public.
FMCSA agrees that distinguishing
between features of L2 and L3 vehicles
is important. This study focuses on both
advanced driver assistance features (via
L2 vehicles) and the lowest level of ADS
(via L3 vehicles). Additional
distinctions are provided in the
supporting documentation, and FMCSA
will ensure that distinctions between
functionalities are included in the
discussion of the results. To help
improve this clarity, FMCSA proposes

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Federal Register / Vol. 88, No. 77 / Friday, April 21, 2023 / Notices
to revise the study title to include ADAS
(in reference to the L2 sub study).
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2023–08500 Filed 4–20–23; 8:45 am]
BILLING CODE 4910–EX–P

online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and the
applicable docket number. The relevant
PTC docket number for this host
railroad is Docket No. FRA–2010–0030.
For convenience, all active PTC dockets
are hyperlinked on FRA’s website at
https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All
comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information.
FOR FURTHER INFORMATION CONTACT:

Gabe Neal, Staff Director, Signal, Train
Control, and Crossings Division,
telephone: 816–516–7168, email:
[email protected].
In general,
Title 49 United States Code (U.S.C.)
Section 20157(h) requires FRA to certify
that a host railroad’s PTC system
complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I,
before the technology may be operated
in revenue service. Before making
certain changes to an FRA-certified PTC
system or the associated FRA-approved
PTC Safety Plan (PTCSP), a host railroad
must submit, and obtain FRA’s approval
of, an RFA to its PTC system or PTCSP
under 49 CFR 236.1021.
Under 49 CFR 236.1021(e), FRA’s
regulations provide that FRA will
publish a notice in the Federal Register
and invite public comment in
accordance with 49 CFR part 211, if an
RFA includes a request for approval of
a material modification of a signal and
train control system. Accordingly, this
notice informs the public that, on April
7, 2023, MBTA submitted an RFA to its
ACSES II system, which seeks FRA’s
approval to install Construction Zone
(CZ) Transponders on MBTA’s Western
Route Main Line (WRML) segment
between June and December 2023.
MBTA state that the installation of the
CZs is required to implement ATC and
to reconfigure and retest PTC on
MBTA’s WRML. The CZs will result in
the suspension of portions of the PTC
system on these lines. During this time
there will be no revenue passenger
operations until the ATC system is
placed into operation. Freight and nonrevenue passenger operations will be
conducted under NORAC rule 241 that
limits trains to Restricted Speed. Once
the ATC system is in operation, the ATC
system along with the operating rules
will govern train operations until the
test and commissioning of the
reconfigured ACSES system is complete.

SUPPLEMENTARY INFORMATION:

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2010–0030]

Massachusetts Bay Transportation
Authority’s Request To Amend Its
Positive Train Control System
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of availability and
request for comments.
AGENCY:

This document provides the
public with notice that, on April 7,
2023, the Massachusetts Bay
Transportation Authority (MBTA)
submitted a request for amendment
(RFA) to its FRA-certified positive train
control (PTC) system in order to support
the implementation of PTC on its
commuter rail network. On MBTA’s
North Side, the PTC System in the area
is being reconfigured and must be taken
out of service during the
recommissioning of Automatic Train
Control (ATC) and the subsequent
recommissioning of MBTA’s Advanced
Civil Speed Enforcement System II
(ACSES II). FRA is publishing this
notice and inviting public comment on
the railroad’s RFA to its PTC system.
DATES: FRA will consider comments
received by May 11, 2023. FRA may
consider comments received after that
date to the extent practicable and
without delaying implementation of
valuable or necessary modifications to a
PTC system.
ADDRESSES:
Comments: Comments may be
submitted by going to https://
www.regulations.gov and following the

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The RFA is available in Docket No.
FRA–2010–0030.
Interested parties are invited to
comment on MBTA’s RFA to its PTC
system by submitting written comments
or data. During FRA’s review of this
railroad’s RFA, FRA will consider any
comments or data submitted within the
timeline specified in this notice and to
the extent practicable, without delaying
implementation of valuable or necessary
modifications to a PTC system. See 49
CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021,
FRA maintains the authority to approve,
approve with conditions, or deny a
railroad’s RFA to its PTC system at
FRA’s sole discretion.
Privacy Act Notice
In accordance with 49 CFR 211.3,
FRA solicits comments from the public
to better inform its decisions. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to https://
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov. To facilitate comment
tracking, we encourage commenters to
provide their name, or the name of their
organization; however, submission of
names is completely optional. If you
wish to provide comments containing
proprietary or confidential information,
please contact FRA for alternate
submission instructions.
Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and
Technology.
[FR Doc. 2023–08456 Filed 4–20–23; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2002–12409]

Petition for Extension of Waiver of
Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that by letter dated March 15, 2023, Port
Authority Trans-Hudson Corporation
(PATH) petitioned the Federal Railroad
Administration (FRA) for an extension
of a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
238 (Passenger Equipment Safety

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