Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 179 

• Total Estimated Alumnae Survey 

Burden Time: 122.6 hours. 

• Estimated Number of Host Family 

Survey Respondents: 60. 

• Estimated Number of Host Family 

Survey Responses: 30. 

• Average Time per Host Family 

Survey: 29 minutes. 

• Total Estimated Host Family Survey 

Burden Time: 14.5 hours. 

• Estimated Number of Job Shadow 

Host Survey Respondents: 41. 

• Estimated Number of Job Shadow 

Host Survey Responses: 21. 

• Average Time per Job Shadow Host 

Survey: 16 minutes. 

• Total Estimated Job Shadow Host 

Survey Burden Time: 5.6 hours. 

• Estimated Number of Implementing 

Partner Staff Respondents: 39. 

• Estimated Number of Implementing 

Partner Staff Responses: 20. 

• Average Time per Implementing 

Partner Staff Survey: 16 minutes. 

• Total Estimated Implementing 

Partner Staff Survey Burden Time: 5.3 

hours. 

• Total Estimated Burden Time: 148 

annual hours. 

• Frequency: Once. 

• Obligation to Respond: Voluntary. 

We are soliciting public comments to 

permit the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department. 

• Evaluate the accuracy of our 

estimate of time and cost burden for this 

proposed collection, including the 

validity of the methodology and 

assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of information 

technology. 

Please note that comments submitted 

in response to this Notice are public 

record. Before including any detailed 

personal information, you should be 

aware that your comments as submitted, 

including your personal information, 

will be available for public review. 

Abstract of Proposed Collection 

TechGirls enables students aged 15– 

17 to gain exposure to a range of careers 

in science, technology, engineering, and 

mathematics (STEM) through a monthlong summer scholarship program in the 

United States. The program includes 

programming bootcamp, leadership 

skills development, job shadow with 

women in STEM fields, and a home stay 

with U.S. families. In addition to 

exposure to career and educational 

pathways, participants gain 

understanding of the United States and 

its culture and create a network of 

STEM-focused alumnae upon their 

return home. The authority for the 

program is the Mutual Educational and 

Cultural Exchange Act of 1961, as 

amended (22 U.S.C. 2451 et seq.). 

In order to assess the efficacy and 

impact of TechGirls, the U.S. 

Department of State’s Bureau of 

Educational and Cultural Affairs (ECA) 

intends to conduct an evaluation of the 

program, which will include collection 

of data from program alumnae between 

2012 and 2019, program staff, host 

families in the United States, and job 

shadow hosts. As the TechGirls program 

has been running for almost 10 years, 

ECA is conducting this evaluation to 

determine the extent to which the 

program is achieving its long-term goals. 

In order to do so, ECA has contracted 

Dexis Consulting Group to conduct 

surveys with alumnae and surveys with 

their host families, program staff, and 

job shadow hosts. 

Methodology 

As baseline information is limited to 

initial profiles, it is necessary to collect 

information directly from program 

alumnae to assess the outcomes of the 

TechGirls experience, particularly in the 

areas of educational and career 

trajectories and networking with others. 

Additional perspectives will be sought 

from the participants’ host families and 

job shadow hosts. All of these groups 

will receive online surveys. 

Aleisha Woodward, 

Deputy Assistant Secretary for Policy, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2020–29049 Filed 12–31–20; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0118] 

Hours of Service of Drivers: Proposed 

Regulatory Guidance Concerning the 

Use of a Commercial Motor Vehicle for 

Yard Moves 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of proposed regulatory 

guidance; request for comments. 

SUMMARY: FMCSA is proposing to revise 

the regulatory guidance concerning 

recording time operating a commercial 

motor vehicle as a ‘‘yard move.’’ This 

guidance applies to all commercial 

motor vehicle (CMV) drivers required to 

record their hours of service. The 

Agency requests public comments on 

the proposed guidance, which includes 

examples of properties that are and are 

not ‘‘yards.’’ Movements of CMVs in 

‘‘yards’’ would be considered ‘‘yard 

moves’’ and could be recorded as onduty not driving time rather than 

driving time. 

DATES: Comments are due by February 

3, 2021. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2020–0118 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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: Deliver 

comments to Docket Operations, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC, between 9:00 a.m. and 

5:00 p.m., ET, Monday through Friday, 

except Federal Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Room W12–140 on the 

ground level of the West Building, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9:00 a.m. and 5:00 p.m., 

ET, Monday through Friday, except 

Federal holidays. To be sure someone is 

there to help you, please call (202) 366– 

9317 or (202) 366–9826 before visiting 

Docket Operations. Regulations.gov is 

available 24 hours each day, 365 days 

each year. If you would like 

acknowledgement that we received your 

comments, please include a selfaddressed stamped envelope or postcard 

or print the acknowledgement page that 

appears after submitting comments online. 

Privacy Act: DOT solicits comments 

from the public to better inform its 

guidance process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

180 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bill Mahorney, Chief, Enforcement 

Division, FMCSA, 202–493–0001, 

bill.mahorney@dot.gov. If you have 

questions about viewing or submitting 

material to the docket, contact Docket 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2020–0118), indicate 

the specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so the Agency can 

contact you if it has questions regarding 

your submission. 

To submit your comment online, go to 

http://www.regulations.gov and put the 

docket number, ‘‘FMCSA–2020–0118’’ 

in the ‘‘Keyword’’ box, and click 

‘‘Search.’’ When the new screen 

appears, click on ‘‘Comment Now!’’ 

button and type your comment into the 

text box in the following screen. Choose 

whether you are submitting your 

comment as an individual or on behalf 

of a third party and then submit. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the facility, please enclose a 

stamped, self-addressed postcard or 

envelope. 

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

notice based on your comments. 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (5 

U.S.C. 552), CBI is exempt from public 

disclosure. If your comments responsive 

to this notice contain commercial or 

financial information that is customarily 

treated as private, that you actually treat 

as private, and that is relevant or 

responsive to this notice, it is important 

that you clearly designate the submitted 

comments as CBI. FMCSA will treat 

such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket for this 

guidance publication. Please mark each 

page of your submission that constitutes 

CBI as ‘‘PROPIN’’ to indicate it contains 

proprietary information. Submissions 

containing CBI should be sent to Mr. 

Brian Dahlin, Chief, Regulatory Analysis 

Division, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Any 

comments FMCSA receives that are not 

specifically designated as CBI will be 

placed in the public docket for this 

guidance publication. 

FMCSA will consider all comments 

and material received during the 

comment period and may make changes 

based on your comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and insert 

the docket number, ‘‘FMCSA–2020– 

0118’’ in the ‘‘Keyword’’ box and click 

‘‘Search.’’ Next, click ‘‘Open Docket 

Folder’’ button and choose the 

document listed to review. If you do not 

have access to the internet, you may 

view the docket online by visiting 

Docket Operations in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9:00 

a.m. and 5:00 p.m. ET, Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Docket Operations. 

II. Background 

The Federal Motor Carrier Safety 

Regulations require most drivers of 

commercial motor vehicles (CMVs) to 

document their hours of service (HOS) 

on records of duty status (RODS), 

identifying one of four duty status 

options: (1) On-duty not driving, (2) 

driving, (3) sleeper berth, and (4) offduty (49 CFR 395.8). Drivers are 

required to document their duty status 

on their RODS irrespective of the 

method used to record the driver’s HOS 

(i.e., whether paper logs or electronic 

logging devices (ELDs)). 

The minimum performance and 

design standards for ELDs in the 

Agency’s December 16, 2015, final rule, 

‘‘Electronic Logging Devices and Hours 

of Service Supporting Documents’’ (80 

FR 78292), require manufacturers to 

include two special driving categories: 

Authorized personal use (‘‘personal 

conveyance’’) and ‘‘yard moves.’’ These 

categories may be used by drivers at the 

motor carrier’s discretion (49 CFR 

395.28). FMCSA stated in its 

Supplemental Notice of Proposed 

Rulemaking that the intent of the ‘‘yard 

move’’ category was to capture time 

‘‘where the CMV may be in motion but 

a driver is not necessarily in a ‘driving’ 

duty status’’ (79 FR 17656, 17668, 

March 28, 2014). Some commenters 

asked that the term ‘‘yard move’’ be 

defined. Commenters generally viewed 

‘‘yard moves’’ as an on-duty not driving 

activity occurring on private property. 

The Agency declined to define the 

term ‘‘yard move’’ in its final rule, 

noting that ‘‘yard moves’’ relate broadly 

to the HOS rules, not just to CMV 

operations using ELDs. The final rule, 

however, provides that ELDs will record 

‘‘yard moves’’ as on-duty not driving 

time (49 CFR part 395, subpart B, 

appendix A, section 4.4.1.1(b)). 

FMCSA published revised regulatory 

guidance concerning operating a CMV 

as a ‘‘personal conveyance’’ on June 7, 

2018 (83 FR 26377). On February 28, 

2020, FMCSA updated its guidance on 

‘‘yard moves’’ in the U.S. Department of 

Transportation’s guidance portal (85 FR 

12663, March 3, 2020). 

The Federal Highway Administration, 

FMCSA’s predecessor agency, issued 

guidance on ‘‘yard moves’’ in a 

compilation of regulatory guidance 

published on April 4, 1997 (49 CFR 

395.2, Question 9, 62 FR 16370, 16422). 

The 1997 guidance stated that a driver 

who jockeys CMVs in the yard (private 

property) on weekends should record 

that time as on-duty (driving) time. The 

1997 guidance is no longer in effect. 

FMCSA’s revised 2020 guidance 

provides that the time jockeying CMVs 

in the yard is not driving time. The 

driver should record that time as onduty (not driving) time. 

The 2020 updated guidance is 

consistent with the principle in the ELD 

rule that time spent performing ‘‘yard 

moves’’ should be recorded as on-duty 

not driving time. Because ‘‘yard moves’’ 

occur on private property within the 

confines of a yard and not on a public 

road, this time does not constitute 

‘‘driving time’’ within the meaning of 49 

CFR 395.2. The updated guidance is 

available on the Agency’s website in the 

guidance portal at https://

www.fmcsa.dot.gov/guidance as 

FMCSA–HOS–395.2–Q09 and reads as 

follows: 

Question 9: A driver drives on streets 

and highways during the week and 

jockeys commercial motor vehicles in 

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices 181 

the yard (private property) on 

weekends. How is the yard time to be 

recorded? 

Guidance: On-duty (not driving). 

FMCSA also published guidance in 

the guidance portal on February 28, 

2020, that distinguishes between 

movements of the CMV that may be 

considered as off-duty ‘‘personal 

conveyance’’ and movements that are 

on-duty ‘‘yard moves.’’ This guidance is 

available on the Agency’s website in the 

guidance portal at https://

www.fmcsa.dot.gov/hours-service/elds/ 

when-can-movement-cmv-during-dutyperiod-be-considered-personalconveyance and reads as follows: 

FAQ 12: When can a movement of a 

CMV during an off-duty period be 

considered personal conveyance? 

Answer: A move may be considered as 

personal conveyance if the driver is offduty and the movement is not for the 

motor carrier, shipper or receiver’s 

commercial benefit. Examples include 

moving a CMV from one parking space 

to another at a shipper or port, or 

driving to a truck stop, rest area or any 

other location. In these situations, the 

CMV movement is made in the off-duty 

period. However, the CMV should be 

moved no farther than the nearest 

reasonable and safe location to complete 

the rest period. 

An on-duty yard move, such as 

moving the vehicle a short distance 

while waiting to load, would not qualify 

as personal conveyance. 

III. Proposed Guidance Language 

FMCSA proposes to clarify when a 

driver may record time performing 

‘‘yard moves’’ as on-duty not driving 

time by providing examples of 

properties that qualify as yards. 

Therefore, the movement of a CMV on 

these properties would qualify as a 

‘‘yard move’’ and be recorded as onduty not driving time. 

FMCSA proposes to replace Question 

9 to 49 CFR 395.2 at https://

www.fmcsa.dot.gov/regulations/hoursservice/ss3952-definitions with the 

following revised Question 9 and seeks 

comments on this proposed guidance. 

This guidance, if finalized, lacks the 

force and effect of law and is not meant 

to bind the public in any way. This 

guidance document is intended only to 

provide clarity to the public regarding 

the Agency’s interpretation of its 

existing regulations. 

Question 9: Under what 

circumstances may a driver classify the 

operation of a commercial motor vehicle 

(CMV) as a yard move and record it as 

on-duty not driving time? 

(a) Guidance: A driver may record 

time operating a CMV for yard moves as 

on-duty not driving under 49 CFR 

395.8(b) only if the movement of the 

CMV occurs in a confined area on 

private property (or intermodal facility 

or briefly on public roads, as described 

below). Examples of properties that may 

qualify as yards include, but are not 

limited to: 

1. An intermodal yard or port facility. 

2. A motor carrier’s place of business. 

3. A shipper’s privately-owned 

parking lot. 

4. A public road, but only if and while 

public access to the road is restricted 

through traffic control measures such as 

lights, gates, flaggers or other means. For 

example, if a driver must operate on a 

public road briefly to reach different 

parts of a private property, the 

movement may be considered a yard 

move if public access is restricted 

during the move. 

(b) Examples of properties that do not 

qualify as yards, include, but are not 

limited to: 

1. A public road without the traffic 

control measures in paragraph (a)(4) 

above. 

2. Public rest areas. 

IV. Expiration Date of the Proposed 

Regulatory Guidance 

In accordance with section 

5203(a)(2)(A) and (a)(3) of the Fixing 

America’s Surface Transportation 

(FAST) Act, Public Law 114–94, 129 

Stat. 1312, 1535 (Dec. 4, 2015), 49 CFR 

part 5, subpart C, and Executive Order 

13891, the proposed regulatory 

guidance will be posted on FMCSA’s 

website in the guidance portal, https:// 

www.fmcsa.dot.gov/guidance, if 

finalized. It would be reviewed by the 

Agency no later than 5 years after it is 

finalized. The Agency would consider at 

that time whether the guidance should 

be withdrawn, reissued for another 

period up to 5 years, or incorporated 

into the safety regulations. 

V. Request for Comments 

Refer to the ADDRESSES section above 

for instructions on submitting 

comments to the public docket 

concerning this regulatory guidance. 

FMCSA will consider comments 

received by the closing date of the 

comment period to determine whether 

any further clarification of these 

regulatory provisions is necessary. In 

addition to general comments 

concerning the guidance, the Agency 

requests responses to the following 

questions: 

1. Would defining ‘‘yard moves’’ in 

the Agency’s regulations provide 

necessary clarification and therefore 

benefit carriers and drivers? 

2. Are there other properties or 

situations where drivers may be in a 

‘‘yard move’’ status that should be 

included as examples in this guidance? 

3. Would adding examples of ‘‘yard 

moves’’ be beneficial for this guidance 

(e.g., moving a CMV for maintenance)? 

If so, please provide examples for 

consideration. 

4. How should ‘‘yard’’ be defined for 

the purposes of this guidance? 

James W. Deck, 

Deputy Administrator. 

[FR Doc. 2020–29062 Filed 12–31–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2020–0011; Notice 1] 

Goodyear Tire & Rubber Company, 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Goodyear Tire & Rubber 

Company (Goodyear) has determined 

that certain Eagle F1 Asymmetric 5 tires 

do not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

139, New Pneumatic Radial Tires for 

Light Vehicles. Goodyear filed a 

noncompliance report dated December 

10, 2019, and petitioned NHTSA on 

December 10, 2019, for a decision that 

the subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. This notice announces 

receipt of Goodyear’s petition. 

DATES: Send comments on or before 

February 3, 2021. 

ADDRESSES: Interested persons are 

invited to submit written data, views, 

and arguments on this petition. 

Comments must refer to the docket and 

notice number cited in the title of this 

notice and may be submitted by any of 

the following methods: 

• Mail: Send comments by mail 

addressed to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver comments 

by hand to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. The Docket 

Section is open on weekdays from 10