30-Day FR

28616

Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 / Notices

c. Describe the potential impacts of
the proposed project on any waterways
considered for or designated as wild and
scenic.
d. Propose mitigative measures to
minimize or eliminate potential project
impacts on aesthetics, as appropriate.
14. Environmental Justice
If the proposed project would
adversely or beneficially affect
environmental justice communities, the
EIS will:
a. Evaluate the potential impacts
resulting from the Coalition’s preferred
route and each alternative on local and
regional minority and low-income
populations.
b. Propose mitigative measures to
minimize or eliminate potential project
impacts on environmental justice
populations, as appropriate.
By the Board, Victoria Rutson, Director,
Office of Environmental Analysis.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019–12836 Filed 6–18–19; 8:45 am]
BILLING CODE 4915–01–P

SURFACE TRANSPORTATION BOARD
[Docket No. FD 36314]
[Docket No. FD 36315]

The Kansas City Southern Railway
Company—Temporary Trackage
Rights Exemption—Norfolk Southern
Railway Company

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Norfolk Southern Railway Company—
Temporary Trackage Rights
Exemption—The Kansas City Southern
Railway Company
The Kansas City Southern Railway
Company (KCS) and Norfolk Southern
Railway Company (NSR) (collectively,
Applicants), Class I rail carriers, have
filed a joint verified notice of
exemptions under 49 CFR 1180.2(d)(8)
for the acquisition of temporary
overhead trackage rights (1) by KCS over
an approximately 105.2-mile rail line of
NSR between St. Louis, Mo. (NSR
milepost S5.0), and Mexico, Mo. (NSR
milepost S110.2), and (2) by NSR over
an approximately 156.3-mile rail line of
KCS between Mexico, Mo. (KCS
milepost 325.7), and Rock Creek
Junction in Kansas City, Mo. (KCS
milepost 482.0), pursuant to the terms of
a Temporary Trackage Rights Agreement
dated June 7, 2019 (Agreement).1
1 A redacted copy of the Agreement is attached to
the verified notice. An unredacted copy has been
filed under seal along with a motion for protective
order pursuant to 49 CFR 1104.14. That motion is
addressed in a separate decision.

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Applicants state that the purpose of
the temporary trackage rights is to
accommodate their emergency detour
operations between Kansas City and St.
Louis on account of severe flooding in
Missouri and thus permit continued rail
service for both carriers while the
impacts of flooding continue and during
recovery. They state that the temporary
trackage rights will expire on August 31,
2019.
Applicants concurrently filed a
petition for waiver of the 30-day period
under 49 CFR 1180.4(g) to allow the
proposed temporary trackage rights to
become effective immediately. By
decision served June 13, 2019, the Board
granted Applicants’ request. As a result,
these exemptions are now effective and
will expire on August 31, 2019.
As a condition to these exemptions,
any employees affected by the
acquisition of the temporary trackage
rights will be protected by the
conditions imposed in Norfolk &
Western Railway—Trackage Rights—
Burlington Northern, Inc., 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Railway—Lease & Operate—California
Western Railroad, 360 I.C.C. 653 (1980),
and any employees affected by the
discontinuance of those trackage rights
will be protected by the conditions set
out in Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979).
If the verified notice contains false or
misleading information, the exemptions
are void ab initio. Petitions to revoke the
exemptions under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemptions.
All pleadings, referring to Docket Nos.
FD 36314 and FD 36315, must be filed
with the Surface Transportation Board
either via e-filing or in writing
addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Applicants’
representatives: William A. Mullins,
Baker & Miller PLLC, 2401 Pennsylvania
Avenue NW, Suite 300, Washington, DC
20037 (for KCS) and Garrett D. Urban,
Norfolk Southern Corporation, Three
Commercial Place, Norfolk, VA 23510
(for NSR).
According to Applicants, this action
is categorically excluded from
environmental review under 49 CFR
1105.6(c) and historic reporting under
49 CFR 1105.8(b)(3).
Board decisions and notices are
available at www.stb.gov.
Decided: June 13, 2019.

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By the Board, Allison C. Davis,
Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2019–12966 Filed 6–18–19; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0023]

Agency Information Collection
Activities; Renewal and 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. The FMCSA requests
approval to renew an ICR titled, ‘‘Hours
of Service (HOS) of Drivers
Regulations.’’ With some exceptions, 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 offduty time.
DATES: Please send your comments by
July 19, 2019. 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–2019–
0023. 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 oira_
[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. 84, No. 118 / Wednesday, June 19, 2019 / Notices
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
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: 202–366–4325. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Hours of Service (HOS) of
Drivers Regulations.
OMB Control Number: 2126–0001.
Type of Request: Renewal and
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.
Estimated Time per Response: Motor
Carriers reviewing 50 percent of RODS:
2 minutes.
Frequency of Response: Drivers: 240
days per year; Motor carriers 240 days
per year.
Driver Burden Hours: 27.36 million =
3.42 million RODS × 2 minutes/60 × 240
days.
Motor Carrier Burden Hours: 13.68
million = 27.36 million × 50%.
Estimated Total Annual Burden:
41.04 million hours. = 27.36 million +
13.68 million.
Expiration Date: June 30, 2019.

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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 who have
continuously used compliant automatic
on-board recorders (AOBRDs) since
December 17, 2017, have until
December 16, 2019, to replace the
devices with ELDs. The number of
AOBRDs still in use is unknown. 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

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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 renewal and 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 (electronic
records or, in some cases, paper
logbooks), and (2) supporting
documents, such as fuel and toll
receipts, that motor carriers use to verify
accuracy of RODS and for other
business purposes. The use of ELDs
reduces the driver’s time to input duty
status from 6.5 minutes to 2 minutes.
Because motor carriers use supporting
documents that drivers are required to
maintain for other business purposes,
the Agency excludes this task because it
is a usual and customary activity.
On March 8, 2019, FMCSA published
a Federal Register notice allowing for a
60-day comment period on this ICR. The
agency received three comments in
response to that notice. One commenter,
Aaron Pettigrew, expressed concern that
the ELDs and vendor fees for data
management service vendors are
burdensome to small companies. Mr.
Pettigrew did not comment on the
reasonableness of these estimated costs.
The Agency finds that the benefits
and costs of complying with the ELD
rule are outside the scope of a request
for approval of this information
collection request. The Agency’s
supporting statement includes an
estimate of the cost of ELDs and data
management fees used to estimate nonlabor related costs of the ICR. The
supporting statement included
equipment costs and data management
fees posted on vendors’ websites.
Two commenters, Toni Smith and
TruckerNation, stated that the 2-minute
response time for collecting and filing
records underestimates the burden

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hours and costs of complying with the
HOS reporting and recordkeeping
requirements. Mr. Smith stated that the
2-minute response time is not sufficient
to account for the time to audit and file
RODS and supporting documents.
TruckerNation submitted the results
of a survey in which 62 percent of
respondents indicated it takes more
than 6.5 minutes to input daily duty
status to complete electronic RODS. The
Agency finds that TruckerNation did
not provide a discussion of the survey
methods, the margin of error, or a mean
response time that is statistically
significant and different from a 2minute response time.
The Agency finds that the 2-minute
response time in the supporting
statement is applied to driver burden
hours to monetize the cost of drivers’
time on task to prepare daily RODS. It
is not applicable to administrative time
incurred by motor carrier staff to audit
and file RODS. The Agency finds that
these are usual and customary costs that
motor carriers would incur in the
absence of the HOS reporting and
recordkeeping requirements. For
example, motor carriers might collect
and audit RODS and certain supporting
documents for other business uses to
estimate deductible expenses for income
tax purposes.
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 delegated in 49
CFR 1.87 on: June 11, 2019.
Kenneth Riddle,
Director, Office of Registration and Safety
Information.
[FR Doc. 2019–13015 Filed 6–18–19; 8:45 am]
BILLING CODE 4910–EX–P

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