Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Notices 47365 

3The filing fee for OFAs can be found at 49 CFR 

1002.2(f)(25). 

4Because this is a discontinuance proceeding and 

not an abandonment, interim trail use/rail banking 

and public use conditions are not appropriate. 

Because there will be an environmental review 

during abandonment, this discontinuance does not 

require environmental review. 

environmental issues and formal 

expressions of intent to file an OFA to 

subsidize continued rail service under 

49 CFR 1152.27(c)(2) 3 must be filed by 

September 3, 2021.4 Petitions for 

reconsideration must be filed by 

September 13, 2021. 

All pleadings, referring to Docket No. 

AB 1318X, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. A copy of 

any petition filed with Board should be 

sent to WBRY’s representative, Audrey 

Lane Brodrick, Fletcher & Sippel LLC, 

29 North Wacker Drive, Suite 800, 

Chicago, IL 60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: August 17, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–18154 Filed 8–23–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2019–0074] 

Request for Information Concerning 

Preservation of Records 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice; request for information. 

SUMMARY: FMCSA requests information 

to assist FMCSA in reviewing records 

retention requirements in Part 379 of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). 

DATES: Comments must be received on 

or before September 23, 2021. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2019–0074 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0074/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets 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: Dockets 

Operations, U.S. Department of 

Transportation, West Building, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

• Submissions Containing 

Confidential Business Information (CBI): 

Mr. Brian Dahlin, Chief, Regulatory 

Evaluation Division, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, Driver and Carrier 

Operations, Office of Carrier, Driver, 

and Vehicle Safety Standards, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, (202) 366– 

4225, MCPSD@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

Request for Information (RFI) (FMCSA– 

2019–0074), indicate the specific 

section of this document to which your 

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 that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0074/document, click on 

this RFI, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

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. 

Confidential Business Information (CBI) 

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 the RFI contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the RFI, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission that 

constitutes CBI as ‘‘PROPIN’’ to indicate 

it contains proprietary information. 

FMCSA will treat such marked 

submissions as confidential under the 

Freedom of Information Act, and they 

will not be placed in the public docket 

of the RFI. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Analysis Division, 

Office of Policy, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. Any comments FMCSA receives 

not specifically designated as CBI will 

be placed in the public docket for this 

rulemaking. 

B. Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this RFI as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2019-0074/document and 

choose the document to review. To view 

comments, click this RFI, and click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., 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 Dockets Operations. 

C. Privacy Act 

DOT posts comments received 

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. 


lotter on DSK11XQN23PROD with NOTICES1
47366 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Notices 

I. Background 

The Secretary of Transportation has 

discretionary authority to prescribe the 

records required to be prepared or 

compiled by certain for-hire motor 

carriers and brokers subject to the 

commercial regulations implementing 

Title 49 U.S.C., subtitle IV, part B, 

including records related to movement 

of traffic and receipts and expenditures 

of money. 49 U.S.C. 14122(a). The 

Secretary may prescribe the time period 

during which operating, accounting, 

and financial records must be preserved 

by for-hire motor carriers and brokers 

subject to the reporting requirements. 49 

U.S.C. 14122(c). In addition, some forhire motor carriers (transporting either 

passengers or property) are required to 

submit annual financial reports under 

49 U.S.C. 14123. 

FMCSA’s regulations include record 

retention requirements in several places. 

Appendix A to part 379 provides a 

generalized listing of retention times for 

records required to be prepared or 

compiled by certain for-hire motor 

carriers and brokers subject to the 

commercial regulations implementing 

Title 49 U.S.C., subtitle IV, part B. Parts 

369 and 379 of the FMCSRs contain the 

regulations relating to annual reporting 

and preservation of records. Other parts 

of the FMCSRs contain specific record 

retention requirements for records 

pertinent to that part. 

FMCSA’s predecessor agency, the 

Interstate Commerce Commission, 

published a final rule on March 18, 

1985, (50 FR 10774) which created 

‘‘Note A’’ to be applied to certain 

records listed in Appendix A. The note 

is codified at the end of Appendix A to 

part 379 and is listed as the applicable 

‘‘Retention Period’’ for several items and 

categories of records on the table in 

Appendix A. Note A indicates that the 

records so referenced shall be 

maintained as determined by the 

designated records supervisory official 

for the company. It further states that 

companies should be aware of other 

regulatory agencies’ record retention 

requirements and exercise reasonable 

care in choosing retention periods 

which reflect past experiences, 

company needs, pending litigation, and 

regulatory requirements. 

Only a few of the FMCSRs refer to the 

record-keeping requirements in 49 CFR 

part 379 as the basis for retention 

requirements. FMCSA requests 

comments providing information on the 

necessity and appropriateness of these 

references and links described below: 

1. Title 49 CFR part 369 contains 

regulations governing the reporting 

requirements for motor carriers under 

the authority of 49 U.S.C. 14123(a). 

Those reporting requirements are now 

very minimal. Only large for-hire motor 

carriers of property and large for-hire 

motor carriers of passengers are subject 

to the annual report provisions. See 49 

CFR 369.1–369.4. The records necessary 

to support these reporting requirements 

are specified in 49 CFR 369.5: ‘‘Books, 

records and carrier operating documents 

shall be retained as prescribed in 49 

CFR part 379, Preservation of Records.’’ 

2. Regulations found in 49 CFR part 

373 govern the issuance of bills of 

lading and freight or expense bills by 

for-hire motor carriers to shipper and 

receivers. With some exceptions, forhire carriers are required to issue bills 

of lading with certain specified 

information, such as receipts for 

property being transported as required 

by the Carmack Amendment, 49 U.S.C. 

14706. 49 CFR 373.101. A record of the 

information on the bill of lading is 

required to be kept in accordance with 

part 379. Property carriers are also 

required to issue freight or expense bills 

with specified information, and to retain 

copies of such documents in accordance 

with part 379, 49 CFR 373.103(a). Forhire motor carriers of property may 

enter into written agreements with 

shippers to waive any of these 

requirements, 49 U.S.C. 14101(b)(1). 

Part 373 also includes requirements 

applicable to for-hire passenger carriers 

to issue an expense bill for charter 

service, and to retain copies of such 

documents in accordance with part 379, 

49 CFR 373.103(b). 

II. Request for Public Comments 

FMCSA requests comments on 

recordkeeping activities associated with 

Appendix A to part 379 and responses 

to the questions below. 

General Question: Records Retention 

1. If other Federal or State entities 

have record retention requirements for 

similar or the same records, what type 

of records are they, how long are you 

required to retain them, and which 

Federal or State entities require them? 

You may find it useful, when 

answering this question, to submit your 

responses in a table format. If you wish 

to do so, go to the docket FMCSA–2019– 

0074 at Regulations.gov and fill out and 

submit the table as part of your 

comment to this RFI. This table may be 

found in the supporting materials for 

the docket and includes current FMCSA 

existing recordkeeping requirements in 

Part 379 and those under consideration. 

Information can be added to each 

requirement concerning whether other 

agencies collect this information from 

you and for how long they request 

retention. 

Retention Times 

2. How long do you hold each of the 

records listed in Appendix A that are 

subject to Note A now? 

3. Do you hold them that long ONLY 

because of the requirement in Appendix 

A? 

If yes, how long would you hold them 

in the ordinary course of business 

regardless of the Appendix A 

requirement? 

Numbers and Costs of Records 

Retention 

4. For each category of records 

maintained for FMCSA, how many 

records do you maintain, e.g., how 

many physical pages/volumes of 

electronic information do you retain? 

How many and which categories of 

records are also subject to the 

requirements of another regulatory 

entity? 

5. Can you provide an estimate for 

how much it costs to store each category 

of records per year? Does this cost 

reflect retaining paper records, 

electronic records, or both? 

Note A 

6. Should any of the items listed in 

Appendix A that do not refer to Note A 

be modified to adopt Note A? 

7. As Note A does not provide a 

specific retention period, should those 

items remain in Appendix A or be 

removed? 

8. Is it helpful to retain Note A? Why 

or why not? 

Issued under authority delegated in 49 CFR 

1.87. 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2021–18169 Filed 8–23–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2021–0007] 

Agency Information Collection Activity 

Under OMB Review 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice of request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 


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