60-day FR

Beyond Compliance 60-day FR.pdf

Beyond Compliance

60-day FR

OMB: 2126-0070

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khammond on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.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.
FOR FURTHER INFORMATION CONTACT: Jeff
Secrist, Office of Registration and Safety
Information, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–385–2367; email jeff.secrist@
dot.gov.
SUPPLEMENTARY INFORMATION:
Background: FMCSA registers for-hire
motor carriers of regulated commodities
under 49 U.S.C. 13902, surface freight
forwarders under 49 U.S.C. 13903, and
property brokers under 49 U.S.C. 13904.
Each registration is effective from the
date specified under 49 U.S.C. 13905
(c).
Subsection (d) of 49 U.S.C. 13905 also
provides that on application of the
registrant, the Secretary may amend or
revoke a registration, and hence the
registrant’s operating authority. Form
OCE–46 allows these registrants to
apply voluntarily for revocation of their
operating authority or parts thereof. If
the registrant fails to maintain evidence
of the required level of insurance
coverage on file with FMCSA, its
operating authority will be revoked
involuntarily. Although the effect of
both types of revocation is the same,
some registrants prefer to request
voluntary revocation. For various
business reasons, a registrant may
request revocation of some part, but not
all, of its operating authority.
This information collection, which
supports the DOT Strategic Goal of
Safety, is being revised to reflect
modified estimates of burden hours and
costs. For respondents, the program
adjustment has resulted in increased
total burden hours and an increase in
respondent costs. The burden hour
increase is due to an estimated increase
in the number of annual filings of Form
OCE–46 from 3,501 to 5,901 per year,
resulting in an increase of 2,400
responses and 600 burden hours.

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The previous iteration of this ICR did
not include estimated labor costs for
respondents; it only reported the
estimated annual burden hours. This
version adds estimated labor costs
according to best practices. The
estimated annual labor cost for industry
resulting from submitting Form OCE–46
is $49,527.
The total annual respondent cost has
decreased by $20,190. This decrease is
due to the fact that respondents may
now file the form online, at no charge.
While the online submission option
exists, FMCSA still estimates that
approximately 1,567 respondents will
continue to file the form by mail, which
incurs notarization and postage fees.
For the Federal Government, the
program costs have increased by
$11,176. While this ICR revised the
Federal labor wage load factor
downward to be consistent with the
methodology used in other FMCSA
ICRs, the overall cost to the Federal
Government increased due to the
increase in the number of forms
received by FMCSA.
Title: Request for Revocation of
Authority Granted.
OMB Control Number: 2126–0018.
Type of Request: Renewal of a
currently approved information
collection.
Respondents: For-hire motor carriers,
freight forwarders, and property brokers.
Estimated Number of Respondents:
5,901.
Estimated Time per Response: 15
minutes (0.25 hours).
Expiration Date: September 30, 2020.
Frequency of Response: Other (as
needed).
Estimated Total Annual Burden:
1,475 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
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 of 49 CFR 1.87
on: December 11, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–27257 Filed 12–17–19; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0328]

Agency Information Collection
Activities; New Information Collection:
Beyond Compliance
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice and request for
comments.
AGENCY:

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 primary purpose of the
ICR is to obtain information from motor
carriers, which will allow FMCSA to
study and to assess the effectiveness of
various technologies, programs, and
policies on motor carrier safety
performance in support of the
implementation of the Fixing America’s
Surface Transportation Act (FAST Act)
Beyond Compliance requirements.
DATES: FMCSA must receive your
comments on or before February 18,
2020.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2018–0328 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 Operations; 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: Docket
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Room W12–140, Washington, DC
20590–0001 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
SUMMARY:

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khammond on DSKJM1Z7X2PROD with NOTICES

69452

Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices

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 https://
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.
FOR FURTHER INFORMATION CONTACT: Ms.
Nicole Michel, Research Division, U.S.
Department of Transportation, Federal
Motor Carrier Safety Administration,
West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: 202–366–4354;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background: FMCSA requests OMB’s
review and approval of a new ICR to
implement the Beyond Compliance
Program, required by section 5222 of the
Fixing America’s Surface Transportation
Act (FAST Act) (Pub. L. 114–94, 129
Stat. 1312, 1540, Dec. 4, 2015) (49
U.S.C. 31100 note).
The FAST Act requires FMCSA to
allow recognition, including credit or an
improved Safety Measurement System
(SMS) percentile, for motor carriers that:
(1) Install advanced safety equipment;
(2) use enhanced driver fitness
measures; (3) adopt fleet safety
management tools, technologies, and
programs; or (4) satisfy other standards
determined appropriate by the
Administrator.
The FAST Act also requires the
FMCSA Administrator to carry out the
Beyond Compliance provisions through:
(1) Incorporating a methodology into the
Compliance Safety Accountability
(CSA) program; or (2) establishing a
safety Behavior Analysis and Safety
Improvement Category (BASIC).

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FMCSA intends to meet the
requirements of the FAST Act by: (1)
Developing a process for identifying
elements of technology and safety
programs as a basis for recognition; (2)
seeking input from stakeholders; (3)
using a third party for a monitoring
program; and (4) providing a report to
Congress.
The primary purpose of the ICR is to
obtain information from motor carriers,
which will allow FMCSA to study and
to assess the effectiveness of various
technologies, programs, and policies on
motor carrier safety performance in
support of the implementation of the
FAST Act Beyond Compliance
requirements. To accomplish this, the
study will complete the following three
objectives:
(1) Identify high-performing carriers
in terms of safety performance.
(2) Determine the safety technologies,
programs, and policies employed by
these carriers.
(3) Gauge the relative effectiveness of
those safety technologies, programs, and
policies based on the expert opinion
and performance metrics of the high
performing carriers.
The data being collected for this study
consists of responses from a select group
of motor carriers on the most effective
technologies, programs, and policies for
achieving safe operations. The study
does not attempt to conduct a full
survey of the motor carrier population.
Instead, it relies on expert opinion from
carriers that are objectively determined
to exhibit safe operations that exceed
industry averages as indicated by driver
out-of-service rates, vehicle out-ofservice rates, and crash rates. To
identify these carriers, the study will
utilize existing data from the Motor
Carrier Management Information System
(MCMIS) database.
FMCSA will collect data through an
electronic survey of motor carriers who
have safety performance records that are
better than national averages. These
carriers will be identified by examining
Department of Transportation-reportable
crash rates, driver out-of-service rates at
roadside inspections, and vehicle outof-service rates at roadside inspections.
Only those carriers that perform near
the top quartile (as determined by the
selection criteria laid out below) across
all three carrier size categories (large,
medium, and small) are potential
participants.
Participants would be invited to
participate in an online webinar that
explains the survey design (i.e., analytic
hierarchy process, or AHP). AHP is a
tool for addressing complex decisionmaking that employs a series of
structured, pairwise comparisons in

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which respondents must express a
preference for one alternative over
another according to various evaluation
criteria. Participants may not know how
to proceed through the pairwise
comparisons. Instead of solely relying
on written instructions to explain to
participants how to complete the
survey, the project team believes it
would be useful to conduct an
information session via a webinar so an
example can be provided and any
questions answered. The webinar would
be conducted multiple times and
participants would be given the option
to select the one that best suits their
schedules. In addition to the webinar,
an online video would be made
available to participants that explains
the AHP.
Once participants complete the
webinar, they will be given a link to
complete the survey online using an
online survey tool such as Survey
Monkey or Qualtrics. In the context of
the Beyond Compliance ICR, the AHPbased survey would work by presenting
motor carriers with alternatives for what
an ideal safety program looks like and
allowing them to systematically
compare the major elements of these
programs. The survey results would
then be analyzed to determine the safety
program elements that were most
frequently scored the highest across
participants. The resulting information
would reveal the elements of safety
programs that these motor carriers are
using and their achieved results. It
would also reveal what these motor
carriers believe to be the most effective
for achieving safety and should be
included in a Beyond Compliance
program.
Data collection will be completed
within 90 days of the end of the pilot
program period and followed by a
statistical analysis in 180 days. Both
descriptive and analytical methods will
be employed during the data analysis.
The results of the study will be
documented in a technical report that
will be delivered to and maintained by
FMCSA. This report will be available to
the public on the FMCSA website, at
www.fmcsa.dot.gov. The contents of the
technical report will be utilized in
developing the report to Congress that
FMCSA is required to provide pursuant
to section 5222 of the FAST Act.
FMCSA is requesting a one-time
collection of data for the Beyond
Compliance study. Currently, there is no
existing data set that can be used for this
project. Not collecting this data would
result in the failure of FMCSA to fulfill
the congressional mandate to develop a
Beyond Compliance program, as
specified in section 5222 of the FAST

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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices

khammond on DSKJM1Z7X2PROD with NOTICES

Act. The draft supporting statement for
this information collection is available
in the docket.
Title: Beyond Compliance.
OMB Control Number: 2126–00XX.
Type of Request: New information
collection.
Respondents: Motor carrier
operational managers.
Estimated Number of Respondents:
225 (estimated that 225 will receive the
survey with 112 fully completing the
survey).
Estimated Time per Response: Email
Invitation: 5 minutes. Webinar: 10
minutes. Survey: 45 minutes. Email
Reminder (first): 5 minutes. Email
Reminder (second): 5 minutes. Total
time per response (estimated 113 that
choose not to complete the survey): 10
minutes. Total time per response
(estimated 112 that fully complete the
survey): 70 minutes.
Expiration Date: This is a new ICR.
Frequency of Response: Once.
Estimated Total Annual Burden: 160
hours [225 email recipients × 15
minutes + 112 webinar respondents × 10
minutes + 112 survey respondents × 45
minutes].
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
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; (4) ways that the burden
could be minimized without reducing
the quality of the collected information;
and (5) whether the potential
respondents should be expanded to
include carriers who have made
significant safety improvements and/or
carriers who wish to participate in the
study, and if so, how should
‘‘significant safety improvements’’ be
defined. The Agency will summarize or
include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR 1.87
on: December 11, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–27255 Filed 12–17–19; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0105]

Petition for Waiver of Compliance
Under part 211 of title 49 of the Code
of Federal Regulations (CFR), this
provides the public notice that by letter
received December 10, 2019, Kansas
City Southern (KCS) 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
236. FRA assigned the petition Docket
Number FRA–2019–0105.
Specifically, KCS seeks relief from the
2-year periodic testing requirements in
§ 236.377, Approach locking; § 236.378,
Time locking; § 236.379, Route locking;
§ 236.380, Indication locking; and
§ 236.381, Traffic locking. KCS also
requests relief from the 1-year periodic
testing period of § 236.109, Time
releases, timing relays, and timing
devices, on all vital microprocessorbased systems.
KCS proposes to verify and test signal
locking systems controlled by
microprocessor-based equipment by use
of alternative procedures every 4 years
after initial baseline testing or program
change as follows:
• Verification of the Cyclic
Redundancy Check (CRC)/Check Sum/
Universal Control Number (UNC) of an
existing location’s application logic to
the baseline tested version.
• Comparison and verification of all
input/output arrangement, vital timer
durations, and vital program settings
between the existing location and
prints/records pertaining to the baseline
tested version.
• Re-establishment of the baseline
tested version via full compliance with
49 CFR part 236 when a discrepancy is
caused/found between the existing and
baseline versions.
• Incorporate recording of alternative
method into KCS’s test record-keeping
system.
KCS states its current record-keeping
system has all the information and
requirements for baseline tests.
Furthermore, the existing test records
fulfil all the requirements for baseline
test record keeping. Given this, KCS
desires to use these test records as the
existing baseline versions. Subsequent
alternative tests would be recorded as
such within KCS’s record-keeping
system.
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

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the Department of Transportation’s
Docket Operations Facility, 1200 New
Jersey Ave. 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 party desires
an opportunity for oral comment, 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 Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by
February 3, 2020 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.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. 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.dot.gov/privacy.
See also http://www.regulations.gov/
#!privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2019–27250 Filed 12–17–19; 8:45 am]
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