30-day comment Federal Register notice

PRA-2126-0001.30dayFR.PUB.091214.pdf

Hours of Service (HOS) of Drivers Regulations

30-day comment Federal Register notice

OMB: 2126-0001

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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices

Attendance is open to the interested
public but limited to space availability.
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 September 8,
2014.
Mohannad Dawoud,
Management Analyst, NextGen, Business
Operations Group, Federal Aviation
Administration.
[FR Doc. 2014–21796 Filed 9–11–14; 8:45 am]
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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
FMCSA, DOT.
Notice and request for
comments.

AGENCY:
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. 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 off-duty time. The
information helps FMCSA protect the
public by reducing the number of tired
CMV drivers on the highways.
DATES: Please send your comments by
October 14, 2014. OMB must receive
your comments by this date in order to
act on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number FMCSA
2014–0189. Interested persons are

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invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the attention of the Desk Officer,
Department of Transportation/Federal
Motor Carrier Safety Administration,
and sent via electronic mail to oira_
submission@omb.eop.gov, or faxed to
(202) 395–6974, or mailed to the Office
of Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert F. Schultz, Driver and Carrier
Operations Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–366–4325; email buz.schultz@
dot.gov. Office hours are from 9 a.m. to
5 p.m., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
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.
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.
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

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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:
(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

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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Notices

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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. In addition,
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
184.38 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 based on
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 (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.
On June 24, 2014, FMCSA published
a Federal Register notice allowing for a
60-day comment period on this ICR. The
agency received no comment in
response to that notice.
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 FMCSA to perform its
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 collected
information.
Issued under the authority delegated in 49
CFR 1.87 on: September 5, 2014.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology and Chief
Information Officer.
[FR Doc. 2014–21781 Filed 9–11–14; 8:45 am]

DEPARTMENT OF TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Pipeline and Hazardous Materials
Safety Administration

Innovative Public Transportation
Workforce Development Program
(Ladders of Opportunity Initiative)
Federal Transit Administration
(FTA), DOT.

AGENCY:

Notice of Funding Availability;
withdrawal.

ACTION:

This action withdraws an
FTA notice of funding availability
(NOFA), Innovative Public
Transportation Workforce Development
Program Ladders of Opportunity
Initiative, published in the Federal
Register on September 5, 2014 (79 FR
53095). FTA will issue a revised NOFA
for this program.

SUMMARY:

DATES:

Effective September 12, 2014.

FOR FURTHER INFORMATION CONTACT:

Betty Jackson, Workforce Development
Program Manager, Office of Research,
Demonstration and Innovation, phone:
(202) 366–1730, fax: (202) 366–3765, or
email: betty.jackson@dot.gov. A TDD is
available at 1–800–877–8339 (TDD/
FIRS).
SUPPLEMENTARY INFORMATION:

Background
On September 5, 2014, FTA published
an Innovative Public Transportation
Workforce Development Program
(Ladders of Opportunity Initiative)
Notice of Funding Availability (NOFA)
(79 FR 53095). The NOFA indicated that
FTA was making FY 13 and prior year
funds available for this effort. FTA
intends to make additional funds
available, providing a consolidated way
for potential applicants to seek funding.
Since this additional funding may have
a bearing on whether a potential
applicant decides to apply for funds,
FTA has determined the best course of
action is to withdraw the NOFA and
issue a revised NOFA.
The Withdrawal
In consideration of the foregoing, the
NOFA for Innovative Public
Transportation Workforce Development
Program (Ladders of Opportunity
Initiative) is hereby withdrawn.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2014–21899 Filed 9–10–14; 4:15 pm]
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[Docket No. PHMSA–2014–0017]

Pipeline Safety: Construction
Notification
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice; Issuance of Advisory
Bulletin.
AGENCY:

PHMSA is issuing this
advisory bulletin to all owners and
operators of gas and hazardous liquid
pipelines to provide further clarification
regarding the notification(s) required
prior to certain construction-related
events.
PHMSA needs to be aware of certain
construction-related events to have
sufficient time to schedule reviews of
pipeline construction plans and
inspections. Moreover, timely
construction plan reviews and
inspections by PHMSA could help
operators avoid costly modifications,
repairs and/or additions to achieve
compliance with the Federal pipeline
safety regulations. Accordingly, PHMSA
strongly encourages operators to provide
the required construction-related
notification(s) not later than 60 days
prior to whichever of the following
activities occurs first: Material
purchasing and manufacturing; right-ofway acquisition; construction
equipment move-in activities; onsite or
offsite fabrications; or right-of-way
clearing, grading and ditching.
PHMSA also strongly encourages
operators to provide the required
notification(s) for the construction of 10
or more miles of a new pipeline for a
pipeline that: (1) Did not previously
exist; and (2) for the replacement of 10
or more contiguous miles of line pipe in
an existing pipeline.
FOR FURTHER INFORMATION CONTACT: For
any questions about this Advisory
Bulletin, contact the appropriate
PHMSA Regional Office of Pipeline
Safety as follows:
• Central Region: 816–329–3800
Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio,
South Dakota, and Wisconsin
• Eastern Region: 609–989–2171
Connecticut, Delaware, District of
Columbia, Maine, Maryland,
Massachusetts, New Hampshire,
New Jersey, New York,
Pennsylvania, Rhode Island,
Vermont, Virginia, and West
SUMMARY:

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