[Federal Register: March 11, 1998 (Volume 63, Number 47)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-98-3393]
Notice of Request for Renewal of an Existing Information
Collection; Federal Motor Carrier Safety Regulations, Driver's Record
of Duty Status
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice and request for comments.
SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3051, 3506(c)(2)(A)), the FHWA is requesting public comment on
its intent to ask the Office of Management and Budget (OMB) to
reapprove the soon to expire information collection that documents
information on commercial motor vehicle drivers hours of service.
DATES: Submit on or before May 11, 1998.
ADDRESSES: Signed, written comments must refer to the docket number
appearing at the top of this document and must be submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. All comments received will be available for
examination at the above address between 10 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund or Mr. David R.
Miller, Office of Motor Carrier Research and Standards, (202) 366-4009,
Department of Transportation, Federal Highway Administration, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
Internet users may access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. You may download an electronic copy of this document using a
modem and suitable communications software from the Federal Register
electronic bulletin board service (telephone number: 202-512-1661).
Internet users may reach the Federal Register's home page at: http:/
/www.nara.gov/nara/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/su----docs.
Title: Driver's Record of Duty Status.
OMB Number: 2125-0016.
Background: For the last 60 years, the FHWA, and its predecessor,
the Interstate Commerce Commission (ICC), have required motor carriers
operating in interstate commerce to require their drivers to limit the
driver's hours of service. This is to ensure the drivers do not operate
CMVs while fatigued and possibly cause crashes. The principal method
used to track the driver's hours of service has been to record the
hours worked, driven, and at rest on paper Records of Duty Status,
commonly known as log books. See 49 U.S.C. 31502 and 49 CFR part 395.
The record shows how long a driver has been on duty and driving,
and how long the driver has had rest in a sleeper berth and time off
duty. This record helps motor carriers know how much longer the driver
may legally operate vehicles before the law assumes the driver is
fatigued, as determined by research done in the late 1930's and
regulations adopted at that time. The motor carriers would then know
when the drivers must stop driving to obtain rest. The regulations
require drivers to show local law enforcement officials and Federal
agents the driver's true and accurate record of the drivers' duty
activities, to the closest 15 minutes, within each 24-hour period. This
record also helps law enforcement officials determine whether the
driver may likely be operating a motor vehicle while fatigued. See 49
The ICC and the FHWA have general statutory authority to require
such records. The records have never been expressly mandated by
statute. In 1952, the ICC adopted rules to allow motor carriers to
record some drivers' hours of service on time cards or time sheets in
place of log books. This exception was available to drivers operating
within a 50-mile radius of the driver's garage or terminal where the
driver reports for work. See 49 CFR 395.1(e). This exception was made a
separate information collection entitled ``Time Records'' and has been
assigned OMB No. 2125-0196. Within the last 20 years, there was a
change that allowed drivers/carriers to use their own forms rather than
the format prescribed by the FHWA's predecessor motor carriers
organization, the Bureau of Motor Carrier Safety. In 1980, the FHWA
expanded the 50-mile radius to a 100 mile radius. In this same
rulemaking, the FHWA began to require motor carriers to maintain and
retain documents the carriers obtained or received, in the normal
course of business, supporting the validity of the record of duty
status. See 49 CFR 395.8(k)(2).
In 1982, the FHWA reduced the retention period for the log book and
the supporting documents from one year to 6 months. See 49 CFR
395.8(k)(2). For the first 51 years, the ICC and later the FHWA only
allowed motor carriers and drivers to prepare paper log books. In 1988,
the FHWA adopted rules to allow motor carriers to choose to use
automatic on-board recording devices in place of the paper log book.
Again, this was done at the FHWA's discretion and not by an express
mandate by statute. See 49 CFR 395.15.
In 1994, new information collection requirements for records of
duty status were mandated by section 113 of the Hazardous Materials
Transportation Authorization Act of 1994 (Pub. L. 103-311, 108 Stat.
1676). This statute requires each written or electronic document being
used as a supporting document to include either the driver's name or
vehicle number. This would require motor carriers to ensure the
driver's name or vehicle number is also on each document used to verify
driver record of duty status. The statute also requires the supporting
document must be kept for at least six months. The FHWA has not yet
published a proposal requiring the mandated information collection. The
FHWA will publish an NPRM for the mandated information related to the
driver's record of duty status documents, and will request a
modification to this information collection at that time.
In 1995, section 408 of the ICC Termination Act of 1995 (Pub. L.
104-88, 109 Stat. 803, 958) required the FHWA to issue an ANPRM
addressing the FHWA's current hours of service regulations. The FHWA
published this ANPRM on November 5, 1996 (61 FR 57252). This rulemaking
may substantially modify the information collection burdens contained
in this information collection. The FHWA expects to publish an NPRM in
this action (RIN 2125-AD93) in the winter, 1999.
Respondents: Motor carriers and drivers.
Estimated Total Annual Burden Per Record: 16,978,607 hours.
The FHWA has separated this total into the following three
Records of Duty Status (Paper Log Books)--15,671,303 hours
Automatic On-board Recording Devices--1,076,100 hours
100 Air-mile Radius Drivers--The FHWA proposes to append the 100
air-mile radius driver time record account, OMB No. 2125-0196, into the
OMB No. 2125-0016 account. This would add an additional 231,204 hours.
The computations on how the FHWA arrived at these numbers may be found
in the docket.
Interested parties are invited to send comments regarding any
aspect of these information collections. The FHWA considers comments by
the public on this proposed collection of information in the following
four ways: (1) Evaluating whether the proposed collection of
information is necessary for the proper performance of the functions of
the FHWA, including whether the information will have a practical use;
(2) evaluating the accuracy of the FHWA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) enhancing the quality,
usefulness, and clarity of the information to be collected; and (4)
minimizing the burden of collection of information on those who are to
respond, including through the use of appropriate automated electronic,
mechanical, or other technological collection techniques or other forms
of information technology (e.g., permitting electronic submission of
Authority: 49 U.S.C. 31136, 31141, and 31502 and 49 CFR 1.48.
Issued on: March 4, l998.
Associate Administrator for Administration.
[FR Doc. 98-6219 Filed 3-10-98; 8:45 am]
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