60-day comment Federal Register notice

Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices
With the approval of the chairman,
members of the public may present oral
statements at the meeting.
Persons wishing to present statements
or obtain information should contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section. Members
of the public may present a written
statement to the committee at any time.
Issued in Washington, DC, on June 18,
2014.
Mohannad Dawoud,
Management Analyst, Business Operations
Group, NextGen, Management Services,
Federal Aviation Administration.
[FR Doc. 2014–14692 Filed 6–23–14; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0189]

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

FMCSA, DOT.

Notice and request for
comments.

ACTION:

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 revise and extend an ICR
entitled, ‘‘Hours of Service (HOS) of
Drivers Regulations.’’ The HOS rules
require most commercial motor vehicle
(CMV) drivers to maintain on the CMV
a record of duty status (RODS) current
to the last change in duty status. The
RODS is critical to FMCSA’s safety
mission because it helps roadside
enforcement officials determine if CMV
drivers are complying with the HOS
rules limiting driver on-duty and
driving time and requiring periodic offduty time. The information helps
FMCSA protect the public by reducing
the number of tired CMV drivers on the
highways.

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SUMMARY:

We must receive your comments
on or before August 25, 2014.

DATES:

You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2014–0189 using any
of the following methods:

ADDRESSES:

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• 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 and additional
information on the exemption process,
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/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 Web site. 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: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division
Department of Transportation, FMCSA,

PO 00000

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West Building 6th Floor, 1200 New
Jersey Avenue SE., Washington, DC
20590. Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Statutory authority for regulating the
HOS of drivers operating CMVs in
interstate commerce is derived from 49
U.S.C. 31136 and 31502. The penalty
provisions are located at 49 U.S.C. 521,
522 and 526, as amended. On November
28, 1982, the Federal Highway
Administration (FHWA), the agency
responsible for administration of the
Federal Motor Carrier Safety
Regulations (49 CFR 350 et
seq.)(FMCSRs) at that time, promulgated
a final rule requiring motor carriers to
ensure that their drivers record their
duty status in a specified format and
verify the accuracy of the HOS of each
driver (47 FR 53383). The rule is
codified at 49 CFR 395.8. The FMCSRs
also state:
‘‘No driver shall operate a commercial
motor vehicle, and a commercial motor
carrier shall not require or permit a
driver to operate a commercial motor
vehicle, while the driver’s ability or
alertness is so impaired, or so likely to
become impaired, through fatigue,
illness, or any other cause, as to make
it unsafe for him/her to begin or
continue to operate the commercial
motor vehicle’’ (49 CFR 392.3).
The FMCSA regulates the amount of
time a CMV driver may drive or
otherwise be on duty, in order to ensure
that adequate time is available to the
driver for rest. A driver must accurately
record his or her duty status (driving, on
duty not driving, off duty, sleeper berth)
at all points during the 24-hour period
designated by the motor carrier (49 CFR
395.8(a)(1)). This record of duty status
(RODS) must be made on a specified
grid (Section 395.8(g)). The term
‘‘logbook’’ is often used in the industry
to denote the collection of the most
recent RODS of the driver. A driver
must have the RODS for the previous 7
consecutive days in the CMV at all
times (Section 395.8(k)(2)). The RODS
must be submitted to the motor carrier
along with any supporting documents,
such as fuel receipts and toll tickets that
could assist in verifying the accuracy of
entries on the RODS. The HOS rules do
not require motor carriers to submit this
information to FMCSA. However, motor
carriers must retain these records for a
minimum of 6 months from the date of
receipt and make them available to
enforcement officials upon request
(Section 395.8(k)(1)). The HOS rules
provide three methods of recording
driver duty status:

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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Notices

(1) Paper RODS: This grid form
requires the driver to graph time and
location on a paper record over a 24hour period (Section 395.8(g)). It must
be present on the CMV in the absence
of a regulatory exception.
(2) Time Record: ‘‘Short haul’’ CMV
drivers do not have to maintain a RODS
onboard the vehicle if their motor
carrier maintains a time record showing
for each duty day when driver reported
for duty, when he or she was released
from duty, and the total hours on duty
(Section 395.1(e)).
(3) Automatic On-Board Recording
Device (AOBRD): An electronic record is
permitted if it is created and maintained
by an AOBRD as defined by Section
395.2. The record must include all the
information that would appear on a
paper log, and the driver or carrier must
be capable of producing this
information upon demand.
On March 28, 2014, the Agency
published a supplemental notice of
proposed rulemaking proposing rules
that would require motor carriers to use
on-board technology to record their
HOS regulations, and seeking public
comment on them (79 FR 17656). This
rulemaking does not affect this ICR
because compliance with the final rule,
when published, will not be required
until after the 3-year timeframe of this
PRA estimate.
As a condition of receiving certain
federal grants, States agree to adopt and
enforce the FMCSRs, 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
compliance reviews (CRs) and targeted
reviews 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.
The PRA burden estimate is currently
181.28 million hours, approved by OMB
on December 11, 2011. The expiration
date of this ICR is December 31, 2014.
Through this ICR, FMCSA requests a
revision of the paperwork burden of
2126–0001. The Agency requests a
reduction in the burden hours. The
reduction is the result of two program
adjustments and is not the result of
amendments of the HOS rules. The
program adjustments are: (1) A lower
estimate of the number of CMV drivers
who are subject to the HOS rules; and

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(2) an estimate of the burden reduction
experienced by those CMV drivers
voluntarily using electronic HOS
technology. First, the Agency reduces its
estimate of the number of drivers
subject to the HOS recordkeeping
requirements from 4.6 million to 2.84
million. Second, FMCSA estimates that
10% of drivers currently are obtaining
burden reductions because they use
electronic HOS technology.
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:
3.17 million (2.84 million CMV drivers
+ 0.33 million motor carriers).
Estimated Time per Response: CMV
driver using paper RODS: 11 minutes.
CMV driver using technology: 2
minutes. Motor carrier: 3 minutes.
Expiration Date: 12/31/2014.
Frequency of Response: Drivers: 240
days per year; Motor Carriers: 240 days
per year.
Estimated Total Annual Burden:
106.89 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: June 12, 2014.
G. Kelly Leone,
Associate Administrator for Office of
Research and Information Technology and
Chief Information Officer.
[FR Doc. 2014–14709 Filed 6–23–14; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0017]

Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.

AGENCY:

PO 00000

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Notice of applications for
exemptions; request for comments.

ACTION:

FMCSA announces receipt of
applications from 74 individuals for
exemption from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. At the end of the comment
period, the Agency will grant
exemptions to the applicants listed
herein if there are no adverse comments
that indicate the driver’s ability will not
achieve a level of safety equivalent to or
greater than the level of safety that
would be obtained by complying with
the regulations. All comments will be
reviewed and evaluated by FMCSA.
Some individuals appearing in this
notice may not receive exemptions
based on comments submitted during
the comment period. Individuals not
granted an exemption may either be
published at a future date based on
further evaluation, or may not be
deemed to meet the aforementioned
level of safety if granted an exemption.
These individuals will be published in
a quarterly notice of exemption denials.
As always, any adverse comments
received after the exemption is granted
will be evaluated, and if they indicate
that the driver is not achieving a level
of safety equivalent to or greater than
the level of safety that would be
obtained by complying with the
regulation, the exemption will be
revoked. When granted, the exemptions
will allow these individuals with ITDM
to operate CMVs in interstate commerce.
DATES: Comments must be received on
or before July 24, 2014. All comments
will be investigated by FMCSA. The
exemptions will be issued the day after
the comment period closes.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2014–0017 using any of the following
methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• 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: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
SUMMARY:

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