Attachment M - 60-day Federal Register (84 FR 26933)

Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices
Service Violations (GAO–11–198),1
recommended that ‘‘FMCSA examine
the extent to which detention time
contributes to hours of service
violations in its future studies on driver
fatigue and detention time.’’ In response
to the GAO report, FMCSA sponsored a
study 2 among a sample of carriers
which generated estimates of driver
delay times. Among the sampled
carriers, the study found that drivers
experienced detention time during
approximately 10 percent of their stops
for an average duration of 1.4 hours
beyond a commonly accepted two-hour
loading and unloading period [total
driver wait time = (legitimate loading/
unloading time) + (delay times)]. Most
recently, in a 2018 report titled
Estimates Show Commercial Driver
Detention Increases Crash Risks and
Costs, but Current Data Limit Further
Analysis,3 DOT’s Office of Inspector
General recommended that FMCSA
collaborate with industry stakeholders
to develop and implement a plan to
collect and analyze reliable, accurate,
and representative data on the
frequency and severity of driver
detention.
Although the above referenced studies
estimated overall wait times, they were
not able to separate normal loading and
unloading times (e.g., the time it would
usually take to load and unload a CMV
under typical schedules) from detention
time (delays in the start of the loading
and unloading process which disrupt
the driver’s available driving and/or onduty time). This is a critical data gap in
our understanding of the detention
issue.
FMCSA is interested in data sources,
methodologies, and potential
technologies that could provide insight
into loading and unloading delays
experienced by CMV drivers.

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III. Request for Information
Specifically, FMCSA requests
information that addresses the following
questions:
1. Are data currently available that
can accurately record loading,
unloading, and delay times?
2. Is there technology available that
could record and delineate prompt
loading and unloading times versus the
extended delays sometimes experienced
by drivers?
3. How can delay times be captured
and recorded in a systematic,
comparable manner?
1 https://www.gao.gov/assets/320/315297.pdf.
2 Driver Detention Times in Commercial Motor
Vehicle Operations (December 2014), https://
rosap.ntl.bts.gov/view/dot/194/dot_194_DS1.pdf?
3 https://www.oig.dot.gov/library-item/36237.

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4. Could systematic collection and
publication of loading, unloading, and
delay times be useful in driver or carrier
business decisions and help to reduce
loading, unloading, and delay times?
5. What should FMCSA use as an
estimate of reasonable loading/
unloading time? Please provide a basis
for your response.
6. How do contract arrangements
between carriers and shippers address
acceptable wait times? Do these
arrangements include penalties for
delays attributable to a carrier or
shipper?
7. What actions by FMCSA, within its
current statutory authority, would help
to reduce loading, unloading, and delay
times?
Issued under authority delegated in 49 CFR
1.87 on: June 4, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–12167 Filed 6–7–19; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0102]

Agency Information Collection
Activities; Renewal of a CurrentlyApproved Collection: Driver
Qualification Files
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 renew
an ICR titled ‘‘Driver Qualification
Files,’’ OMB Control Number 2126–
0004. The ICR estimates the burden
commercial motor vehicle (CMV)
drivers and motor carriers incur to
comply with the reporting and
recordkeeping tasks required for motor
carriers to maintain driver qualification
(DQ) files. The Agency’s regulations
pertaining to maintaining DQ files are
unchanged and impose no increased
information collection (IC) burden on
individual drivers and motor carriers.
However, the Agency increases its
estimate of the total IC burden of these
regulations primarily because both the
number of CMV drivers and the

SUMMARY:

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26933

frequency of their hiring have increased
since the Agency’s 2016 estimate of this
burden.
DATES: FMCSA must receive your
comments to this notice on or before
August 9, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2019–0102 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 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: Same as
mail address above between 9 a.m. and
5 p.m. ET, 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: 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.transportation.gov/
privacy.
• 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.

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26934

Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Notices

Ms.
Pearlie Robinson, Driver and Carrier
Operations Division, DOT, FMCSA,
West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–366–4325.
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background: The Motor Carrier Safety
Act of 1984 (Pub. L. 98–554, Title II, 98
Stat. 2834 (October 30, 1984)) requires
the Secretary of Transportation to issue
regulations pertaining to commercial
motor vehicle (CMV) safety. Part 391 of
volume 49 of the Code of Federal
Regulations (CFR) contains the
minimum qualifications of drivers of
CMVs in interstate commerce.
Motor carriers may not require or
permit an unqualified driver to operate
a CMV. The foremost proof of driver
qualification is the information that part
391 requires be collected and
maintained in the driver qualification
file (DQ file) (49 CFR 391.51). Motor
carriers must obtain this information
from sources specified in the
regulations, such as the driver, previous
employers of the driver, and officials of
the State of driver licensure. Motor
carriers are not required to forward DQ
information to FMCSA, but must
maintain the information in a DQ file
and make it available to State and
Federal safety investigators on demand.
Through this ICR, FMCSA is asking
OMB’s approval to renew and revisee its
estimate of the paperwork burden
imposed by its DQ file regulations. The
regulations have not been amended; the
IC burden imposed on individual
drivers and motor carriers by the
regulations is unchanged. The current
IC burden estimate approved by OMB is
10.21 million hours. The Agency has
increased its estimate of the total IC
burden from 10.21 million hours to
12.26 million hours. The increase in
burden hours is primarily the result of
a larger driver population and a higher
driver turnover rate, both of which
affect the volume of documents
produced and filed in DQ files. This
revised ICR removes the medical
examiner’s certificate recordkeeping
requirement from the estimate of burden
hours and cost to eliminate double
counting. Although the currently
approved ICR did not monetize driver
and motor carrier burden hours, the
revised ICR monetizes such burden. The
draft supporting statement for this ICR
is available in the docket.
Title: Driver Qualification Files.
OMB Control Number: 2126–0004.
Type of Request: Renewal and
revision of a currently-approved
information collection.

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FOR FURTHER INFORMATION CONTACT:

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Respondents: CMV motor carriers and
drivers.
Estimated Number of Respondents:
6.89 million (6.35 million drivers + 0.54
million motor carriers).
Expiration Date: January 31, 2020.
Frequency of Response: The
information on some DQ documents is
only provided one time, such as that
furnished at the time the individual
applies for employment as a driver.
Other information must be obtained by
the motor carrier within 30 days of the
date the driver begins to drive a CMV
for the employer. Other information,
such as the driver’s motor vehicle
record, is only updated once a year.
Estimated Total Annual Burden:
12.26 million hours.
Public Comments Invited: FMCSA
requests that you comment on any
aspect of this information collection,
including: (1) Whether the proposed
collection is necessary for FMCSA to
perform its functions; (2) the accuracy of
the estimated burden; (3) ways for
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. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
information collection.
Issued under the authority delegated in 49
CFR 1.87 on: June 4, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–12169 Filed 6–7–19; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0042]

Petition for Waiver of Compliance
Under part 211 of Title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on May 29, 2019, the Buffalo &
Pittsburgh Railroad, Inc. (BPRR),
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 240,
Qualification and Certification of
Locomotive Engineers, and part 242,
Qualification and Certification of
Conductors. FRA assigned the petition
Docket Number FRA–2019–0042.
The relief is requested as part of
BPRR’s proposed implementation of and
participation in FRA’s Confidential

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Close Call Reporting System (C3RS)
Program. BPRR seeks to shield reporting
employees and the railroad from
mandatory punitive sanctions that
would otherwise arise as provided in 49
CFR 240.117(e)(1)–(4); 240.305(a)(l)–(4)
and (a)(6); 240.307; 242.403(b), (c),
(e)(l)–(4), (e)(6)–(11), and (f)(l)–(2). The
C3RS Program encourages certified
operating crew members to report close
calls and protect the employees and the
railroad from discipline or sanctions
arising from the incidents reported per
the C3RS Implementing Memorandum
of Understanding.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by July 25,
2019 will be considered by FRA before
final action is taken. Comments received
after that date will be considered if
practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).

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