30-day comment Federal Register notice

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices
Chicago Ecological Field Office are: 8:00
a.m. to 4:30 p.m. (Central Standard
Time). You may also contact Mr. John
Fortmann, P.E., Illinois Department of
Transportation, Deputy Director of
Highways, Region One Engineer, 201
West Center Court, Schaumburg, Illinois
60196; telephone: (847) 705–4000. The
Illinois Department of Transportation
Region One’s normal business hours are
8:00 a.m. to 4:30 p.m. (Central Standard
Time). You may also contact Mr. James
Earl, P.E., Project Manager, Indiana
Department of Transportation, 100
North Senate Avenue IGCN Room N642,
Indianapolis, IN 46204; telephone: (317)
233–2072. The Indiana Department of
Transportation’s normal business hours
are 8:00 a.m. to 4:00 p.m. (Eastern
Standard Time).
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the FHWA has issued
a Record of Decision (ROD) in
connection with the proposed highway
project in Illinois and Indiana: the
Illiana Corridor between I–55 in Will
County, Illinois and I–65 in Lake
County, Indiana. Decisions in the Tier
Two ROD include, but are not limited
to the following:
a. The purpose and need for the
project, including goals to improve
regional mobility, alleviate local system
congestion and improve local system
mobility, and provide for efficient
movement of freight in the Illiana
Corridor between I–55 on the west and
I–65 on the east.
b. The selection of Alternative 1 with
IL–53 interchange Design Option 4 that
generally starts at I–55 north of
Wilmington, Illinois, connects to I–57
south of Peotone, Illinois, passes south
of the proposed South Suburban Airport
and Beecher, Illinois, and connects with
I–65 northeast of Lowell, Indiana. It is
typically 400 feet in width.
c. The elimination from further
consideration and study of Alternatives
2 and 3, and IL–53 interchange Design
Options 2, 3, 5 and 6.
d. The description of measures to
minimize harm that are proposed as
conditions of implementing the Illiana
Corridor.
Notice is also given by the USFWS,
pursuant to the Endangered Species Act,
16 U.S.C. 1531–1544, that the Illiana
Corridor project may effect, likely to
adversely affect the sheepnose mussel
(Plethobasus cyphyus). This finding was
confirmed in a Biological Opinion and
Incidental Take Statement issued on
November 20, 2014. In addition, the
USFWS issued a Conference Opinion
for the northern long-eared bat (Myotis
septentrionalis) which is proposed for
federal listing as endangered, and is

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incorporated in this Biological Opinion.
The document further sets forth
proposed conservation
recommendations, and mitigation
requirements for the sheepnose mussel,
the Eryngium stem borer moth
(Papaipema eryngii), and the northern
long-eared bat.
Interested parties may consult the
Tier Two ROD and Final Environmental
Impact Statement (FEIS) for further
information on each of the decisions
described above.
The Tier Two actions by the Federal
agencies, and the laws under which
such actions were taken, are described
in the FEIS approved September 17,
2014, the ROD approved December 10,
2014, and in other documents in the
FHWA project records. The scope and
purpose of the Tier Two FEIS are
described in Section 1.0 of the FEIS.
The Tier Two FEIS, ROD, and other
documents in the FHWA project file are
available by contacting the FHWA or the
Illinois or Indiana Departments of
Transportation at the addresses
provided above. The Tier Two FEIS and
ROD also are available online at
http://illianacorridor.org/.
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. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351] Federal-Aid Highway Act [23
U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 7401–
7671(q)].
3. Land: Section 4(f) of the Department
of Transportation Act of 1966 [49
U.S.C. 303 and 23 U.S.C. 138].
4. Wildlife: Endangered Species Act [16
U.S.C. 1531–1544 and Section
1536]; Migratory Bird Treaty Act
[16 U.S.C. 703–712].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as
amended [16 U.S.C. 470(f) et seq.].
6. Water Resources: Safe Drinking Water
Act [42 U.S.C. 300(f)–300(j)(6)];
Wild and Scenic Rivers Act [16
U.S.C. 1271–1287].
7. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O.
12898 Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Research,
Planning and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on

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Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: December 10, 2014.
Catherine A. Batey,
Division Administrator, Springfield, Illinois.
[FR Doc. 2014–29652 Filed 12–19–14; 8:45 am]
BILLING CODE 4910–22–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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), 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
ICR 2126–0001 entitled, ‘‘Hours of
Service (HOS) of Drivers Regulations.’’
This notice supersedes the Agency’s
notice of September 12, 2014 (79 FR
54776) that asked for comments on this
ICR. This notice (1) amends the
Agency’s estimate of the population of
commercial motor vehicle (CMV)
drivers subject to the recordkeeping
requirements of the HOS rules, (2)
addresses a public comment received,
and (3) invites public comment.
DATES: Please send your comments by
January 21, 2015. OMB must receive
your comments by this date in order to
act on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System Docket Number FMCSA–2014–
0189. Interested persons are 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
[email protected], faxed to
(202) 395–6974, or mailed to the Office
of Information and Regulatory Affairs,
Office of Management and Budget,
SUMMARY:

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices

Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Robert F. Schultz, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, U.S.
Department of Transportation, West
Building 6th Floor, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: 202–366–4325; email
[email protected].
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:
3.66 million (3.29 million CMV drivers
+ 0.37 million motor carriers).
Estimated Time per Response: Paper
log: CMV driver—11.5 minutes, Motor
Carrier—4 minutes. Electronic log: CMV
driver—1 minute, Motor Carrier—3
minutes.
Expiration Date: December 31, 2014.
Frequency of Response: Drivers: 240
days per year; Motor Carriers: 240 days
per year.
Estimated Total Annual Burden:
137.90 million hours.

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Background
The HOS rules require most CMV
drivers to maintain on the CMV a record
of duty status (RODS), or daily log,
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.
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 driver’s
RODS was first prescribed by the
Interstate Commerce Commission (ICC)
in Ex Parte MC–2, by order dated July
15, 1938, and later modified by order
issued February 8, 1939, effective
January 1, 1940. Effective July 1, 1952,
the daily log was completely revised as
Bureau of Motor Carrier (BMC) Form
BMC 54, prescribed by the ICC. And on
November 28, 1982, the Federal
Highway Administration, the agency
responsible for administration of the

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Federal Motor Carrier Safety
Regulations (49 CFR 350 et seq.)
(FMCSRs) at that time, published a final
rule amending the safety rules to reduce
the burden for drivers and motor
carriers by revising the requirements for
recording a driver’s duty status,
reducing the record retention period for
both motor carriers and drivers, and
relaxing the 100 air-mile radius RODS
exception. Section 395.8 concerning
RODS has been amended a number of
times since 1982 but the basic
requirements for documenting hours of
service has not changed significantly
since then. Motor carriers must ensure
that their drivers record their duty
status in a specified format and verify
the accuracy of the HOS of each driver.
The rule is codified at 49 CFR 395.8.
The FMCSRs also state that drivers may
not drive a CMV while their ability or
alertness is so impaired, or likely to be
so impaired, by fatigue or illness or
other condition, that it is unsafe for
them to drive (49 CFR 392.3). Motor
carriers are also barred from permitting
or requiring a CMV driver to operate
their vehicle under these conditions.
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)). The RODS must be
recorded 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

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onboard the vehicle if their motor
carrier maintains a time record showing
for each duty day when the driver
reported for duty, when he or she was
released from duty, and the total hours
on duty (section 395.1(e)). Such drivers
also do not have to maintain supporting
documents, such as fuel and toll
receipts, on board the vehicle.
(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 specified in section 395.15.
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 on
our Nation’s highways.
On March 28, 2014, the Agency
published a supplemental notice of
proposed rulemaking (SNPRM)
proposing rules that would require
motor carriers currently using RODS to
use electronic logging devices (ELDs) to
record their HOS information, and
sought public comment (79 FR 17656).
The SNPRM also included a proposal
concerning HOS supporting documents
used to verify the accuracy of the RODS.
The ELD rulemaking does not affect this
ICR because ELDs will not be mandatory
until sometime after the 3-year
timeframe of this PRA estimate.
The currently-approved IC burden
estimate of the HOS rules, approved by
OMB on December 11, 2011, is 184.38
million hours. The Agency’s estimate
accounted for the HOS IC burden of
both interstate and intrastate CMV
drivers. Approval of the IC expires on
December 31, 2014.
Renewal of This IC
The Agency is asking OMB to approve
its revised estimate of the IC burden of
the HOS rules. On June 24, 2014,
FMCSA published a Federal Register
notice announcing that the Agency was
submitting to OMB a revised estimate of
the IC burden of the HOS rules of 106.89
million hours, and asked for public
comment on it (79 FR 35843). The
revised estimate excluded the HOS IC

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices
burden of intrastate CMV drivers
because the Agency believed that the
HOS burden imposed on these drivers
was not subject to reporting under the
PRA. The Agency estimated that 2.84
million drivers were subject to the IC
requirements of the HOS rules.
The agency received one comment in
response to the notice. The National
Ready Mixed Concrete Association
(NRMCA) asked the Agency to amend
the ‘‘short-haul’’ exception of section
395.1(e)(1) so that more CMV drivers
could operate under its terms. As
explained above, short-haul drivers are
not required to maintain a RODS or
supporting documents on board the
CMV. NRCMA pointed out that
expanding the number of drivers
qualifying as ‘‘short-haul’’ drivers
would reduce the overall paperwork
burden of this ICR. The Agency will
take the NRMCA suggestion under
advisement. By law, formal rulemaking
is required to amend Federal
regulations, including publication of the
proposed amendment in the Federal
Register and an opportunity for public
comment.
On September 12, 2014, FMCSA
published the second notice of this ICR
as required by law, and asked the public
to submit comments to OMB on its IC
burden estimate of 106.89 million hours
(79 FR 54776). Subsequently, the OMB
directed FMCSA to account for the IC
burden imposed on intrastate drivers
and their motor carriers by State HOS
laws. It concluded that this burden was
subject to reporting under the PRA
because FMCSA requires its State
grantees to adopt compatible HOS rules
as a condition of receiving funding
under the Agency’s Motor Carrier Safety
Assistance Program. Today, FMCSA
publishes this 30-day notice to revise its
burden estimate for this IC and provide
for public comment on it. The Agency
today includes approximately .82
million intrastate drivers and revises its
estimate of the total population of
interstate and intrastate CMV drivers
subject to the recordkeeping
requirements of the HOS rules—3.66
million. Accordingly, the Agency
revises its estimate of the IC burden of
the HOS rules—137.89 million hours.
These estimates supersede those set
forth in the September 12 notice.
The Agency’s request for OMB
approval of its amended estimate of the
IC burden of the HOS rules is not the
result of amendment of those rules.
Aside from the 2014 adjustments related
to the HOS burden of intrastate CMV
drivers, the Agency’s estimate is the
result of two program adjustments. The
first program adjustment is revised
estimates of the number of drivers

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operating CMVs in interstate and
intrastate commerce and of the number
of CMV drivers subject to the HOS rules.
The approved 2011 ICR estimated that
7.0 million CMV drivers operated in
interstate and intrastate commerce and
that 4.6 million of those drivers were
subject to the recordkeeping
requirements of the HOS rules. Today
the Agency estimates that 5.7 million
CMV drivers operate in interstate and
intrastate commerce and that 3.66
million of these drivers are subject to
the recordkeeping requirements of the
HOS rules (2.04 million CMV drivers
qualify as ‘‘short haul’’ drivers and do
not incur any HOS recordkeeping
burden). The second program
adjustment is an Agency estimate of the
use of AOBRDs in the industry to
record, transfer and store HOS
information electronically. AOBRDs
automate several IC tasks required of
CMV drivers and motor carriers by the
HOS rules. The currently-approved
2011 burden estimate did not account
for AOBRD usage. FMCSA data today
indicates that an average of 0.37 million
CMV drivers will be employing
electronic technology for HOS purposes
over the three years that are the subject
of this IC estimate. The Agency estimate
submitted to OMB for approval is
137.89 million burden hours. It
combines an estimate of the IC burden
imposed on those using paper RODS or
logs (3.29 million CMV drivers) and a
separate estimate of the IC burden
imposed on those using AOBRDs (0.37
million CMV drivers).
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 December 10, 2014.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology, Chief
Information Officer.
[FR Doc. 2014–29861 Filed 12–19–14; 8:45 am]
BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35888]

The Great Lake Port Corporation D/B/
A Grand River Railway—Acquisition
and Operation Exemption—CSX
Transportation, Inc.
The Great Lake Port Corporation d/b/
a Grand River Railway (GRR), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
permit it to acquire and operate as a
common carrier approximately 2.56
miles of CSX Transportation, Inc.
(CSXT) track. The track runs between
Painesville, former B&O Valuation
Station 2535+40, and Grand River, at
the end of the track, former Conrail
Valuation Station 45+01, in Lake
County, Ohio (the Line).1
According to GRR, it will soon enter
an agreement to purchase the Line from
CSXT. GRR intends to rehabilitate the
Line and commence common carrier
service to Morton Salt, which is located
at the end of the Line, and any other
shipper that requests service. GRR will
interchange traffic with CSXT, the only
railroad that connects to the Line.
According to GRR, the agreement
between GRR and CSXT does not
contain an interchange commitment.
GRR certifies that its projected annual
revenues as a result of this transaction
will not exceed those that would qualify
it as a Class III rail carrier and will not
exceed $5 million.
This transaction may be
consummated on or after January 7,
2015, the effective date of the exemption
(30 days after the verified notice was
filed).2
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically the stay the effectiveness
of the exemption. Petitions to stay must
be filed no later than December 29,
1 In 2003, the Board permitted the abandonment
and discontinuance of service over the Line. See
N.Y. Cent. Lines—Aban. Exemption—in Lake Cnty.,
Ohio, AB 565 (Sub-No. 11X), et al. (STB served Jan.
31, 2003). CSXT consummated the abandonment in
2004, see CSXT letter, N.Y. Cent. Lines—Aban.
Exemption—in Lake Cnty., Ohio, AB 565 (Sub-No.
11X) (filed Dec. 29, 2004), and, according to GRR,
reclassified it as industry track.
2 GRR hopes to consummate its transaction on
December 26, 2014. In furtherance of this goal, GRR
has filed a petition for partial waiver of 49 CFR
1150.32(b) to permit the exemption to become
effective on December 26, 2014, instead of the
standard 30 days after the verified notice was filed.
The waiver request will be addressed in a separate
Board decision.

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