[Federal Register: March 31, 1997 (Volume 62, Number 61)]
[Proposed Rules]
[Page 15150-15151]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr97_dat-25]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 395

[FHWA Docket No. MC-96-28]
RIN 2125-AD93


Hours of Service of Drivers

March 24, 1997.
AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of
comment period.

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SUMMARY: The FHWA is extending this rulemaking's comment period until
June 30, 1997. This is in response to two petitions received by the
FHWA requesting an extension of the comment period closing date. The
petitioners based their requests upon the FHWA's

[[Page 15151]]

pending publication of the Driver Fatigue and Alertness Study full
report. This ANPRM is mandated by the ICC Termination Act of 1995.

DATES: Comments to the general ANPRM should be received no later than
June 30, 1997. Late comments will be considered to the extent
practicable.

ADDRESSES: Signed, written comments should refer to the docket number
that appears 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: For information regarding rulemaking
and operational issues: Mr. David Miller, Office of Motor Carrier
Research and Standards, (202) 366-1790; for information regarding human
factors and fatigue research programs: Ms. Deborah Freund, Office of
Motor Carrier Research and Standards, (202) 366-1790; and for
information regarding legal issues: Mr. Charles Medalen, Office of the
Chief Counsel, (202) 366-0834, Federal Highway Administration,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590.

SUPPLEMENTARY INFORMATION: On November 5, 1996 (61 FR 57251), the FHWA
published an ANPRM requesting answers to numerous questions related to
commercial motor vehicle driver hours-of-service regulations, including
fatigue, loss of alertness, and hours off duty. The ANPRM set March 31,
1997, as the docket closing date for signed, written comments.
    On March 5, 1997, the Advocates for Highway and Auto Safety (AHAS)
delivered a petition to the FHWA. This petition requested the FHWA to
extend this rulemaking's comment period closing date by 60 days. The
AHAS believes it and the public should have ample opportunity to review
and critique the Driver Fatigue and Alertness Study's full report. The
full report has not yet been published or placed in the docket. A 59-
page technical summary and a 17-page executive summary have been placed
in the docket.
    On March 13, 1997, the Insurance Institute for Highway Safety
(IIHS) petitioned the FHWA to extend this rulemaking's comment period
closing date by 60 days. The IIHS believes it also should have ample
opportunity to review and critique the Driver Fatigue and Alertness
Study's full report, including its data.
    At the time of the original publication in November 1996 (61 FR
57251), the FHWA believed the full report would be published and
available well in advance of the comment closing date. The FHWA,
however, has experienced unforeseen editorial delays in publishing the
full report. The FHWA believes publication will now be accomplished by
the end of April 1997. The FHWA believes it should allow the public to
review and critique the full report of the Driver Fatigue and Alertness
Study.
    The FHWA has also conducted listening sessions, specifically
listening to drivers, about how the hours-of-service regulations affect
their daily lives and their recommended changes to improve the rules.
See 62 FR 6161, February 11, 1997. Many interested persons have
attended these sessions and would like to review the transcripts of
these listening sessions. A few of the transcripts will not be
delivered to the FHWA docket prior to March 31, 1997.

    For the reasons above, the FHWA finds good cause to extend this
ANPRM comment period closing date for 60 days after the expected
publication date of the full report of the FHWA's Driver Fatigue and
Alertness Study in late April 1997.

List of Subjects in 49 CFR Part 395

    Global positioning systems, Highway safety, Highways and roads,
Intelligent Transportation Systems, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

    Issued on: March 26, 1997.

    Authority: 23 U.S.C. 315 and 49 CFR 1.48.
Jane Garvey,
Acting Administrator, Federal Highway Administration.
[FR Doc. 97-8198 Filed 3-27-97; 1:06 pm]
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