Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 76443 

Chicago Ecological Field Office are: 8:00 

a.m. to 4:30 p.m. (Central Standard 

Time). You may also contact Mr. John 

Fortmann, P.E., Illinois Department of 

Transportation, Deputy Director of 

Highways, Region One Engineer, 201 

West Center Court, Schaumburg, Illinois 

60196; telephone: (847) 705–4000. The 

Illinois Department of Transportation 

Region One’s normal business hours are 

8:00 a.m. to 4:30 p.m. (Central Standard 

Time). You may also contact Mr. James 

Earl, P.E., Project Manager, Indiana 

Department of Transportation, 100 

North Senate Avenue IGCN Room N642, 

Indianapolis, IN 46204; telephone: (317) 

233–2072. The Indiana Department of 

Transportation’s normal business hours 

are 8:00 a.m. to 4:00 p.m. (Eastern 

Standard Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA has issued 

a Record of Decision (ROD) in 

connection with the proposed highway 

project in Illinois and Indiana: the 

Illiana Corridor between I–55 in Will 

County, Illinois and I–65 in Lake 

County, Indiana. Decisions in the Tier 

Two ROD include, but are not limited 

to the following: 

a. The purpose and need for the 

project, including goals to improve 

regional mobility, alleviate local system 

congestion and improve local system 

mobility, and provide for efficient 

movement of freight in the Illiana 

Corridor between I–55 on the west and 

I–65 on the east. 

b. The selection of Alternative 1 with 

IL–53 interchange Design Option 4 that 

generally starts at I–55 north of 

Wilmington, Illinois, connects to I–57 

south of Peotone, Illinois, passes south 

of the proposed South Suburban Airport 

and Beecher, Illinois, and connects with 

I–65 northeast of Lowell, Indiana. It is 

typically 400 feet in width. 

c. The elimination from further 

consideration and study of Alternatives 

2 and 3, and IL–53 interchange Design 

Options 2, 3, 5 and 6. 

d. The description of measures to 

minimize harm that are proposed as 

conditions of implementing the Illiana 

Corridor. 

Notice is also given by the USFWS, 

pursuant to the Endangered Species Act, 

16 U.S.C. 1531–1544, that the Illiana 

Corridor project may effect, likely to 

adversely affect the sheepnose mussel 

(Plethobasus cyphyus). This finding was 

confirmed in a Biological Opinion and 

Incidental Take Statement issued on 

November 20, 2014. In addition, the 

USFWS issued a Conference Opinion 

for the northern long-eared bat (Myotis 

septentrionalis) which is proposed for 

federal listing as endangered, and is 

incorporated in this Biological Opinion. 

The document further sets forth 

proposed conservation 

recommendations, and mitigation 

requirements for the sheepnose mussel, 

the Eryngium stem borer moth 

(Papaipema eryngii), and the northern 

long-eared bat. 

Interested parties may consult the 

Tier Two ROD and Final Environmental 

Impact Statement (FEIS) for further 

information on each of the decisions 

described above. 

The Tier Two actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the FEIS approved September 17, 

2014, the ROD approved December 10, 

2014, and in other documents in the 

FHWA project records. The scope and 

purpose of the Tier Two FEIS are 

described in Section 1.0 of the FEIS. 

The Tier Two FEIS, ROD, and other 

documents in the FHWA project file are 

available by contacting the FHWA or the 

Illinois or Indiana Departments of 

Transportation at the addresses 

provided above. The Tier Two FEIS and 

ROD also are available online at 

http://illianacorridor.org/. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including, but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351] Federal-Aid Highway Act [23 

U.S.C. 109 and 23 U.S.C. 128]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Land: Section 4(f) of the Department 

of Transportation Act of 1966 [49 

U.S.C. 303 and 23 U.S.C. 138]. 

4. Wildlife: Endangered Species Act [16 

U.S.C. 1531–1544 and Section 

1536]; Migratory Bird Treaty Act 

[16 U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as 

amended [16 U.S.C. 470(f) et seq.]. 

6. Water Resources: Safe Drinking Water 

Act [42 U.S.C. 300(f)–300(j)(6)]; 

Wild and Scenic Rivers Act [16 

U.S.C. 1271–1287]. 

7. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 

12898 Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Research, 

Planning and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: December 10, 2014. 

Catherine A. Batey, 

Division Administrator, Springfield, Illinois. 

[FR Doc. 2014–29652 Filed 12–19–14; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0189] 

Agency Information Collection 

Activities; Revision of an Approved 

Information Collection: Hours of 

Service (HOS) of Drivers Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: 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 extend 

ICR 2126–0001 entitled, ‘‘Hours of 

Service (HOS) of Drivers Regulations.’’ 

This notice supersedes the Agency’s 

notice of September 12, 2014 (79 FR 

54776) that asked for comments on this 

ICR. This notice (1) amends the 

Agency’s estimate of the population of 

commercial motor vehicle (CMV) 

drivers subject to the recordkeeping 

requirements of the HOS rules, (2) 

addresses a public comment received, 

and (3) invites public comment. 

DATES: Please send your comments by 

January 21, 2015. 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–2014– 

0189. 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_submission@omb.eop.gov, faxed to 

(202) 395–6974, or mailed to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 


tkelley on DSK3SPTVN1PROD with NOTICES
76444 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 

Docket Library, Room 10102, 725 17th 

Street NW., Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Schultz, Driver and Carrier 

Operations Division, Federal Motor 

Carrier Safety Administration, U.S. 

Department of Transportation, West 

Building 6th Floor, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Telephone: 202–366–4325; email 

buz.schultz@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Hours of Service (HOS) of 

Drivers Regulations. 

OMB Control Number: 2126–0001. 

Type of Request: Revision of an 

information collection. 

Respondents: Motor Carriers of 

Property and Passengers, Drivers of 

CMVs. 

Estimated Number of Respondents: 

3.66 million (3.29 million CMV drivers 

+ 0.37 million motor carriers). 

Estimated Time per Response: Paper 

log: CMV driver—11.5 minutes, Motor 

Carrier—4 minutes. Electronic log: CMV 

driver—1 minute, Motor Carrier—3 

minutes. 

Expiration Date: December 31, 2014. 

Frequency of Response: Drivers: 240 

days per year; Motor Carriers: 240 days 

per year. 

Estimated Total Annual Burden: 

137.90 million hours. 

Background 

The HOS rules require most CMV 

drivers to maintain on the CMV a record 

of duty status (RODS), or daily log, 

current to the last change in duty status. 

The RODS is critical to FMCSA’s safety 

mission because it helps roadside 

enforcement officials determine if CMV 

drivers are complying with the HOS 

rules limiting driver on-duty and 

driving time, and requiring periodic offduty time. The information helps 

FMCSA protect the public by reducing 

the number of tired CMV drivers on the 

highways. 

Statutory authority for regulating the 

HOS of drivers operating CMVs in 

interstate commerce is derived from 49 

U.S.C. 31136 and 31502. The penalty 

provisions are located at 49 U.S.C. 521, 

522 and 526, as amended. The driver’s 

RODS was first prescribed by the 

Interstate Commerce Commission (ICC) 

in Ex Parte MC–2, by order dated July 

15, 1938, and later modified by order 

issued February 8, 1939, effective 

January 1, 1940. Effective July 1, 1952, 

the daily log was completely revised as 

Bureau of Motor Carrier (BMC) Form 

BMC 54, prescribed by the ICC. And on 

November 28, 1982, the Federal 

Highway Administration, the agency 

responsible for administration of the 

Federal Motor Carrier Safety 

Regulations (49 CFR 350 et seq.) 

(FMCSRs) at that time, published a final 

rule amending the safety rules to reduce 

the burden for drivers and motor 

carriers by revising the requirements for 

recording a driver’s duty status, 

reducing the record retention period for 

both motor carriers and drivers, and 

relaxing the 100 air-mile radius RODS 

exception. Section 395.8 concerning 

RODS has been amended a number of 

times since 1982 but the basic 

requirements for documenting hours of 

service has not changed significantly 

since then. Motor carriers must ensure 

that their drivers record their duty 

status in a specified format and verify 

the accuracy of the HOS of each driver. 

The rule is codified at 49 CFR 395.8. 

The FMCSRs also state that drivers may 

not drive a CMV while their ability or 

alertness is so impaired, or likely to be 

so impaired, by fatigue or illness or 

other condition, that it is unsafe for 

them to drive (49 CFR 392.3). Motor 

carriers are also barred from permitting 

or requiring a CMV driver to operate 

their vehicle under these conditions. 

The FMCSA regulates the amount of 

time a CMV driver may drive or 

otherwise be on duty, in order to ensure 

that adequate time is available to the 

driver for rest. A driver must accurately 

record his or her duty status (driving, on 

duty not driving, off duty, sleeper berth) 

at all points during the 24-hour period 

designated by the motor carrier (49 CFR 

395.8(a)(1)). The RODS must be 

recorded on a specified grid (section 

395.8(g)). The term ‘‘logbook’’ is often 

used in the industry to denote the 

collection of the most recent RODS of 

the driver. A driver must have the RODS 

for the previous 7 consecutive days in 

the CMV at all times (section 

395.8(k)(2)). The RODS must be 

submitted to the motor carrier along 

with any supporting documents, such as 

fuel receipts and toll tickets that could 

assist in verifying the accuracy of 

entries on the RODS. The HOS rules do 

not require motor carriers to submit this 

information to FMCSA. However, motor 

carriers must retain these records for a 

minimum of 6 months from the date of 

receipt and make them available to 

enforcement officials upon request 

(section 395.8(k)(1)). The HOS rules 

provide three methods of recording 

driver duty status: 

(1) Paper RODS: This grid form 

requires the driver to graph time and 

location on a paper record over a 24- 

hour period (section 395.8(g)). It must 

be present on the CMV in the absence 

of a regulatory exception. 

(2) Time Record: ‘‘Short haul’’ CMV 

drivers do not have to maintain a RODS 

onboard the vehicle if their motor 

carrier maintains a time record showing 

for each duty day when the driver 

reported for duty, when he or she was 

released from duty, and the total hours 

on duty (section 395.1(e)). Such drivers 

also do not have to maintain supporting 

documents, such as fuel and toll 

receipts, on board the vehicle. 

(3) Automatic On-Board Recording 

Device (AOBRD): An electronic record is 

permitted if it is created and maintained 

by an AOBRD as defined by section 

395.2. The record must include all the 

information specified in section 395.15. 

As a condition of receiving certain 

Federal grants, States agree to adopt and 

enforce the FMCSRs, 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 

compliance reviews (CRs) and targeted 

reviews 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 on 

our Nation’s highways. 

On March 28, 2014, the Agency 

published a supplemental notice of 

proposed rulemaking (SNPRM) 

proposing rules that would require 

motor carriers currently using RODS to 

use electronic logging devices (ELDs) to 

record their HOS information, and 

sought public comment (79 FR 17656). 

The SNPRM also included a proposal 

concerning HOS supporting documents 

used to verify the accuracy of the RODS. 

The ELD rulemaking does not affect this 

ICR because ELDs will not be mandatory 

until sometime after the 3-year 

timeframe of this PRA estimate. 

The currently-approved IC burden 

estimate of the HOS rules, approved by 

OMB on December 11, 2011, is 184.38 

million hours. The Agency’s estimate 

accounted for the HOS IC burden of 

both interstate and intrastate CMV 

drivers. Approval of the IC expires on 

December 31, 2014. 

Renewal of This IC 

The Agency is asking OMB to approve 

its revised estimate of the IC burden of 

the HOS rules. On June 24, 2014, 

FMCSA published a Federal Register 

notice announcing that the Agency was 

submitting to OMB a revised estimate of 

the IC burden of the HOS rules of 106.89 

million hours, and asked for public 

comment on it (79 FR 35843). The 

revised estimate excluded the HOS IC 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Notices 76445 

1 In 2003, the Board permitted the abandonment 

and discontinuance of service over the Line. See 

N.Y. Cent. Lines—Aban. Exemption—in Lake Cnty., 

Ohio, AB 565 (Sub-No. 11X), et al. (STB served Jan. 

31, 2003). CSXT consummated the abandonment in 

2004, see CSXT letter, N.Y. Cent. Lines—Aban. 

Exemption—in Lake Cnty., Ohio, AB 565 (Sub-No. 

11X) (filed Dec. 29, 2004), and, according to GRR, 

reclassified it as industry track. 

2 GRR hopes to consummate its transaction on 

December 26, 2014. In furtherance of this goal, GRR 

has filed a petition for partial waiver of 49 CFR 

1150.32(b) to permit the exemption to become 

effective on December 26, 2014, instead of the 

standard 30 days after the verified notice was filed. 

The waiver request will be addressed in a separate 

Board decision. 

burden of intrastate CMV drivers 

because the Agency believed that the 

HOS burden imposed on these drivers 

was not subject to reporting under the 

PRA. The Agency estimated that 2.84 

million drivers were subject to the IC 

requirements of the HOS rules. 

The agency received one comment in 

response to the notice. The National 

Ready Mixed Concrete Association 

(NRMCA) asked the Agency to amend 

the ‘‘short-haul’’ exception of section 

395.1(e)(1) so that more CMV drivers 

could operate under its terms. As 

explained above, short-haul drivers are 

not required to maintain a RODS or 

supporting documents on board the 

CMV. NRCMA pointed out that 

expanding the number of drivers 

qualifying as ‘‘short-haul’’ drivers 

would reduce the overall paperwork 

burden of this ICR. The Agency will 

take the NRMCA suggestion under 

advisement. By law, formal rulemaking 

is required to amend Federal 

regulations, including publication of the 

proposed amendment in the Federal 

Register and an opportunity for public 

comment. 

On September 12, 2014, FMCSA 

published the second notice of this ICR 

as required by law, and asked the public 

to submit comments to OMB on its IC 

burden estimate of 106.89 million hours 

(79 FR 54776). Subsequently, the OMB 

directed FMCSA to account for the IC 

burden imposed on intrastate drivers 

and their motor carriers by State HOS 

laws. It concluded that this burden was 

subject to reporting under the PRA 

because FMCSA requires its State 

grantees to adopt compatible HOS rules 

as a condition of receiving funding 

under the Agency’s Motor Carrier Safety 

Assistance Program. Today, FMCSA 

publishes this 30-day notice to revise its 

burden estimate for this IC and provide 

for public comment on it. The Agency 

today includes approximately .82 

million intrastate drivers and revises its 

estimate of the total population of 

interstate and intrastate CMV drivers 

subject to the recordkeeping 

requirements of the HOS rules—3.66 

million. Accordingly, the Agency 

revises its estimate of the IC burden of 

the HOS rules—137.89 million hours. 

These estimates supersede those set 

forth in the September 12 notice. 

The Agency’s request for OMB 

approval of its amended estimate of the 

IC burden of the HOS rules is not the 

result of amendment of those rules. 

Aside from the 2014 adjustments related 

to the HOS burden of intrastate CMV 

drivers, the Agency’s estimate is the 

result of two program adjustments. The 

first program adjustment is revised 

estimates of the number of drivers 

operating CMVs in interstate and 

intrastate commerce and of the number 

of CMV drivers subject to the HOS rules. 

The approved 2011 ICR estimated that 

7.0 million CMV drivers operated in 

interstate and intrastate commerce and 

that 4.6 million of those drivers were 

subject to the recordkeeping 

requirements of the HOS rules. Today 

the Agency estimates that 5.7 million 

CMV drivers operate in interstate and 

intrastate commerce and that 3.66 

million of these drivers are subject to 

the recordkeeping requirements of the 

HOS rules (2.04 million CMV drivers 

qualify as ‘‘short haul’’ drivers and do 

not incur any HOS recordkeeping 

burden). The second program 

adjustment is an Agency estimate of the 

use of AOBRDs in the industry to 

record, transfer and store HOS 

information electronically. AOBRDs 

automate several IC tasks required of 

CMV drivers and motor carriers by the 

HOS rules. The currently-approved 

2011 burden estimate did not account 

for AOBRD usage. FMCSA data today 

indicates that an average of 0.37 million 

CMV drivers will be employing 

electronic technology for HOS purposes 

over the three years that are the subject 

of this IC estimate. The Agency estimate 

submitted to OMB for approval is 

137.89 million burden hours. It 

combines an estimate of the IC burden 

imposed on those using paper RODS or 

logs (3.29 million CMV drivers) and a 

separate estimate of the IC burden 

imposed on those using AOBRDs (0.37 

million CMV drivers). 

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 FMCSA to perform its 

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 collected 

information. 

Issued under the authority delegated in 49 

CFR 1.87 on December 10, 2014. 

G. Kelly Regal, 

Associate Administrator, Office of Research 

and Information Technology, Chief 

Information Officer. 

[FR Doc. 2014–29861 Filed 12–19–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35888] 

The Great Lake Port Corporation D/B/ 

A Grand River Railway—Acquisition 

and Operation Exemption—CSX 

Transportation, Inc. 

The Great Lake Port Corporation d/b/ 

a Grand River Railway (GRR), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

permit it to acquire and operate as a 

common carrier approximately 2.56 

miles of CSX Transportation, Inc. 

(CSXT) track. The track runs between 

Painesville, former B&O Valuation 

Station 2535+40, and Grand River, at 

the end of the track, former Conrail 

Valuation Station 45+01, in Lake 

County, Ohio (the Line).1

According to GRR, it will soon enter 

an agreement to purchase the Line from 

CSXT. GRR intends to rehabilitate the 

Line and commence common carrier 

service to Morton Salt, which is located 

at the end of the Line, and any other 

shipper that requests service. GRR will 

interchange traffic with CSXT, the only 

railroad that connects to the Line. 

According to GRR, the agreement 

between GRR and CSXT does not 

contain an interchange commitment. 

GRR certifies that its projected annual 

revenues as a result of this transaction 

will not exceed those that would qualify 

it as a Class III rail carrier and will not 

exceed $5 million. 

This transaction may be 

consummated on or after January 7, 

2015, the effective date of the exemption 

(30 days after the verified notice was 

filed).2

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically the stay the effectiveness 

of the exemption. Petitions to stay must 

be filed no later than December 29, 


tkelley on DSK3SPTVN1PROD with NOTICES