Agency Information Collection Activities; Revision of an Approved Information Collection: Hours of Service (HOS) of Drivers Regulations, 8563-8565 [2019-04190]

Download as PDF Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices other in the guidance document, including thresholds and requirements. In addition, interview responses within OES indicated a difference of opinion in terms of what constituted outreach to underserved and protected populations. At the district level, ODOT district environmental staff indicated that they had inconsistent information on how to determine if there were protected populations and how to conduct the required outreach activities, even if there were no disproportionately negative impacts. However, OES is trusting the districts, on projects with a lower level of NEPA classification, to ensure full and fair participation by underserved and protected populations in public involvement, NEPA and the transportation decisionmaking processes. Documentation and Records Management Observation 4: Opportunities exist to continue improving documentation in the areas of PI, EJ, and environmental commitments. In response to previous audits and self-assessments, ODOT updated many procedures relating to the NEPA process to improve its processes and meet Federal requirements. The updates included changes to ODOT’s internal documentation and filing guidelines and updates to EnviroNet. The review team thinks these changes have positively impacted the program since Audits 1 and 2. The quality of documentation for projects is trending in a positive direction since Audits 1 and 2, as approximately 50 percent of all projects reviewed had zero deficiencies noted by the team. However, although there were examples of high quality PI, EJ reviews, development of environmental commitments, and documentation for some projects, these same elements were lacking in others. For the projects reviewed, 42 percent of substantive comments made by the team related to EJ, 22 percent to PI, 17 percent to environmental commitments, 11 percent to QA/QC, and 8 percent to documentation. This demonstrates inconsistencies in practice, which may indicate additional training, guidance, and/or quality controls may be needed to improve consistency in application of documentation statewide. The team met with ODOT to discuss individual deficiencies noted by both FHWA and ODOT OES during this audit. The ODOT evaluated these deficiencies at OES and then communicated them individually with the districts. The ODOT remains committed to improvements in VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 documentation, with plans to continue updates to EnviroNet and guidance, as needed, and with the training required to deliver results. Quality Assurance/Quality Control (QA/ QC) Observation 5: There are variations in awareness, understanding, and implementation of QA/QC process and procedures. The inconsistencies and missing information noted in the Documentation and Records Management section are an indication of inconsistency in ODOT’s QA/QC process. The team found inconsistencies in awareness and use of peer reviews in the ODOT Districts, as well as use of comments in EnviroNet. Selected ODOT OES and district environmental staff said that they rely on the ODOT Central Office for QC support. No training is provided exclusively for QA/QC. Legal Sufficiency Review The ODOT utilized its guidance for legal sufficiency to review one Environmental Impact Statement Reevaluation, one EA, and two Individual Section 4(f) approvals. Performance Measures The development of Performance Measures is required in MOU Section 10.2. The ODOT has refined their Performance Measures to provide a better overall indication of ODOT’s execution of its responsibilities as assigned by the MOU. The team found evidence that the results obtained through the Performance Measures are beginning to provide actionable feedback, allowing ODOT to make appropriate changes as it manages its environmental program. Training Program During the previous audits, it was noted that ODOT has a robust environmental training program and provides adequate budget and time for staff to access a variety of internal and external training. To add to the training program and plan, ODOT has complemented its traditional, instructor-based training courses, quarterly DEC meetings, and monthly NEPA chats with the development of several online courses. During the audit, ODOT reported that 10 online courses are anticipated to be available in August 2018, with an additional 19 online courses anticipated to be developed within the year. As of October 2018, it is not evident that these courses were yet deployed. Observation 6: Opportunities exist to expand required and continuous PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 8563 training to additional staff and develop additional instructor-led or online training in NEPA-related subject areas. Also, during the previous audit, it was noted ODOT’s training plan states that all ODOT environmental staff (both central and district offices) and environmental consultants are required to take the pre-qualification training courses. The ODOT should consider extending this requirement to NEPA project managers and public involvement officers. Extending the training to additional staff may improve public outreach efforts and overall program delivery. The ODOT should focus on training in NEPA and NEPArelated subject areas such as Limited English Proficiency and Public Involvement. The FHWA encourages ODOT to include specific EJ training opportunities in its training plan, such as the Web-based course currently under development. Next Steps The FHWA provided a draft of this audit report to ODOT for a 14-day review and comment period and considered ODOT’s comments in developing this draft report. In addition, FHWA will consider comments on the draft report received from the public within the 30-day comment period after publication in the Federal Register, pursuant to 23 U.S.C. 327(g). No later than 60 days after the close of the comment period, FHWA will respond to all comments submitted, pursuant to 23 U.S.C. 327(g)(2)(B). Once finalized, FHWA will publish the final audit report in the Federal Register. The FHWA will consider the results of this audit in preparing the scope of the next annual audit. The next audit report will include a summary that describes the status of ODOT’s corrective and other actions taken in response to this audit’s conclusions. [FR Doc. 2019–04231 Filed 3–7–19; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0023] Agency Information Collection Activities; Revision of an Approved Information Collection: Hours of Service (HOS) of Drivers Regulations FMCSA, DOT. Notice and request for comments. AGENCY: ACTION: E:\FR\FM\08MRN1.SGM 08MRN1 8564 Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices 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 its review and approval and invites public comment. The FMCSA requests approval to renew an ICR titled, ‘‘Hours of Service (HOS) of Drivers Regulations.’’ The HOS regulations require a motor carrier to install and require each of its drivers subject to the record of duty status (RODS) rule to use an electronic logging device (ELD) to report the driver’s RODS. The RODS is critical to FMCSA’s safety mission because it helps enforcement officials determine if CMV drivers are complying with the HOS rules limiting driver onduty and driving time and requiring periodic off-duty time. DATES: We must receive your comments on or before May 7, 2019. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA–2019–0023 using any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, 20590– 0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments, see the Public Participation heading below. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may SUMMARY: VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 review DOT’s complete Privacy Act Statement for the Federal Docket Management System published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http:// edocket.access.gpo.gov/2008/pdfE8794.pdf. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can obtain electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal website. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division Department of Transportation, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202–366–4225. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Background On December 16, 2015, the final rule titled ‘‘Electronic Logging Devices and Hours of Service Supporting Documents’’ was published and became effective February 16, 2016 (80 FR 78292). The FMCSA established minimum performance and design standards for ELDs and the mandatory use of these devices by drivers who are subject to the HOS reporting requirements. Drivers currently using compliant automatic on-board recorders (AOBRDs) have until December 16, 2019, to replace the devices with ELDs. As a condition of receiving certain federal grants, States agree to adopt and enforce the Federal Motor Carrier Safety Regulations, including the HOS rules, as State law. As a result, State enforcement inspectors use the RODS and supporting documents to determine whether CMV drivers are complying with the HOS rules. In addition, FMCSA uses the RODS during on-site and offsite investigations of motor carriers. And, Federal and State courts rely upon the RODS as evidence of driver and motor carrier violations of the HOS regulations. This information collection supports the DOT’s Strategic Goal of Safety because the information helps the Agency ensure the safe operation of CMVs in interstate commerce on our Nation’s highways. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Renewal of This IC The current IC burden estimate of the HOS rules, approved by OMB on June 13, 2016, is 99.46 million hours. The expiration date of the current ICR is June 30, 2019. Through this ICR, FMCSA requests a revision of the paperwork burden of 2126–0001. The Agency requests a reduction in the burden hours from 99.46 million hours to 41.03 million hours. The reduction is the result of amendments of the HOS rules in which the burden estimate for most drivers and motor carriers is based on compliance with the ELD final rule during the three-year ICR period. Two types of information are collected under this IC: (1) Drivers’ RODS commonly referred as a logbook, and (2) supporting documents, such as gasoline and toll receipts, that motor carriers use to verify accuracy of RODS and document expense deductions for income tax filing purposes. The use of ELDs reduces the driver’s time to input duty status from 6.5 minutes to 2 minutes. Title: Hours of Service (HOS) of Drivers Regulations. OMB Control Number: 2126–0001. Type of Request: Revision of an information collection. Respondents: Motor Carriers of Property and Passengers, Drivers of CMVs. Estimated Number of Respondents: 3.42 million CMV drivers; 540,000 Motor Carriers. Estimated Time per Response: CMV drivers using technology: 2 minutes. Motor Carriers: 2 minutes. Expiration Date: June 30, 2019. Frequency of Response: Drivers: 240 days per year; Motor carriers 240 days per year. Estimated Total Annual Burden: 41.03 million hours. 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 the 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 information collected. The Agency will summarize or include your comments in the request for OMB’s clearance of this ICR. Issued under the authority of 49 CFR 1.87 on: E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices Dated: March 1, 2019. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2019–04190 Filed 3–7–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0056] Hours of Service of Drivers: R.J. Corman Railroad Services, Cranemasters, Inc., and National Railroad Construction and Maintenance Association, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from R.J. Corman Railroad Services, Cranemasters, Inc., (‘‘Companies’’) and the National Railroad Construction and Maintenance Association, Inc. requesting a limited exemption from the regulatory hours-of-service (HOS) maximum driving time requirements for drivers of property-carrying vehicles. The applicants request the exemption to enable affected railroad employees, subject to the HOS rule, to respond to an unplanned event that occurs outside of or extends beyond the employee’s normal work hours. FMCSA requests public comment on the Companies’ application for exemption. DATES: Comments must be received on or before April 8, 2019. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2019–0056 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: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to SUMMARY: VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366–4325; Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2019–0056), 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–2019–0056’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 8565 and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption R.J. Corman Railroad Services, Cranemasters, Inc., (‘‘Companies’’) and the National Railroad Construction and Maintenance Association, Inc. is requesting an exemption from the HOS regulations in 49 CFR part 395 for their employees who transport equipment used to clear derailed or disabled trains or debris blocking tracks or railroad rights-of-way when they are responding to unplanned events that affect interstate commerce, service or the safety of railway operations, including passenger rail operations. The Companies assert that many unplanned events occur outside of normal business hours and in many instances the situation is locally contained. In that case, while a local government official could declare an emergency that would exempt the E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8563-8565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04190]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0023]


Agency Information Collection Activities; Revision of an Approved 
Information Collection: Hours of Service (HOS) of Drivers Regulations

AGENCY: FMCSA, DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

[[Page 8564]]

SUMMARY: 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 its 
review and approval and invites public comment. The FMCSA requests 
approval to renew an ICR titled, ``Hours of Service (HOS) of Drivers 
Regulations.'' The HOS regulations require a motor carrier to install 
and require each of its drivers subject to the record of duty status 
(RODS) rule to use an electronic logging device (ELD) to report the 
driver's RODS. The RODS is critical to FMCSA's safety mission because 
it helps enforcement officials determine if CMV drivers are complying 
with the HOS rules limiting driver on-duty and driving time and 
requiring periodic off-duty time.

DATES: We must receive your comments on or before May 7, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2019-0023 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments, see 
the Public Participation heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on January 17, 2008 (73 FR 3316), or 
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division Department of Transportation, FMCSA, West 
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. 
Telephone: 202-366-4225. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2015, the final rule titled ``Electronic Logging 
Devices and Hours of Service Supporting Documents'' was published and 
became effective February 16, 2016 (80 FR 78292). The FMCSA established 
minimum performance and design standards for ELDs and the mandatory use 
of these devices by drivers who are subject to the HOS reporting 
requirements. Drivers currently using compliant automatic on-board 
recorders (AOBRDs) have until December 16, 2019, to replace the devices 
with ELDs. As a condition of receiving certain federal grants, States 
agree to adopt and enforce the Federal Motor Carrier Safety 
Regulations, including the HOS rules, as State law. As a result, State 
enforcement inspectors use the RODS and supporting documents to 
determine whether CMV drivers are complying with the HOS rules. In 
addition, FMCSA uses the RODS during on-site and offsite investigations 
of motor carriers. And, Federal and State courts rely upon the RODS as 
evidence of driver and motor carrier violations of the HOS regulations. 
This information collection supports the DOT's Strategic Goal of Safety 
because the information helps the Agency ensure the safe operation of 
CMVs in interstate commerce on our Nation's highways.

Renewal of This IC

    The current IC burden estimate of the HOS rules, approved by OMB on 
June 13, 2016, is 99.46 million hours. The expiration date of the 
current ICR is June 30, 2019. Through this ICR, FMCSA requests a 
revision of the paperwork burden of 2126-0001. The Agency requests a 
reduction in the burden hours from 99.46 million hours to 41.03 million 
hours. The reduction is the result of amendments of the HOS rules in 
which the burden estimate for most drivers and motor carriers is based 
on compliance with the ELD final rule during the three-year ICR period. 
Two types of information are collected under this IC: (1) Drivers' RODS 
commonly referred as a logbook, and (2) supporting documents, such as 
gasoline and toll receipts, that motor carriers use to verify accuracy 
of RODS and document expense deductions for income tax filing purposes. 
The use of ELDs reduces the driver's time to input duty status from 6.5 
minutes to 2 minutes.
    Title: Hours of Service (HOS) of Drivers Regulations.
    OMB Control Number: 2126-0001.
    Type of Request: Revision of an information collection.
    Respondents: Motor Carriers of Property and Passengers, Drivers of 
CMVs.
    Estimated Number of Respondents: 3.42 million CMV drivers; 540,000 
Motor Carriers.
    Estimated Time per Response: CMV drivers using technology: 2 
minutes. Motor Carriers: 2 minutes.
    Expiration Date: June 30, 2019.
    Frequency of Response: Drivers: 240 days per year; Motor carriers 
240 days per year.
    Estimated Total Annual Burden: 41.03 million hours.
    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 the 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 information collected. The Agency will summarize or 
include your comments in the request for OMB's clearance of this ICR.
    Issued under the authority of 49 CFR 1.87 on:


[[Page 8565]]


    Dated: March 1, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2019-04190 Filed 3-7-19; 8:45 am]
 BILLING CODE 4910-EX-P