[Federal Register: June 19, 2000 (Volume 65, Number 118)]
[Proposed Rules]
[Page 37956-37957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn00-27]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 390, 394, 395 and 398

[Docket No. FMCSA-97-2350; formerly FHWA-97-2350 and MC-96-28]
RIN 2126-AA23


Hours of Service of Drivers; Driver Rest and Sleep for Safe
Operations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.

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SUMMARY: The FMCSA is extending this rulemaking's comment period until
October 30, 2000. This is in response to numerous petitions received by
the FMCSA from motor carriers, drivers and trucking associations, and
several members of Congress requesting an extension of the comment
period closing date. The petitioners based their requests on the time
required to review the vast body of research, assess the impact of the
proposed rules, and provide meaningful comments.
    The FMCSA is also placing in the docket the pre-publication final
report on ``Effects of Sleep Schedules on Commercial Motor Vehicle
Driver Performance,'' prepared by the Division

[[Page 37957]]

of Neuropsychiatry, Walter Reed Army Institute of Research.

DATES: Comments to the NPRM should be received no later than October
30, 2000. 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 9 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 on the proposed rule:
Mr. David Miller or Ms. Deborah Freund, Federal Motor Carrier Safety
Administration, (202) 366-1790, and Mr. Charles Medalen, Office of the
Chief Counsel, Federal Highway Administration, (202) 366-1354. For
information about submitting comments and data electronically: DMS Web
staff at: Mail. Dockets@tasc.dot.gov, Department of Transportation, 400
Seventh Street, SW.,Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: On May 2, 2000 (65 FR 25540), the FMCSA
published an NPRM proposing to revise its hours-of-service (HOS)
regulations to require motor carriers to provide drivers with better
opportunities to obtain sleep, and thereby reduce the risk of drivers
operating commercial motor vehicles (CMV) while drowsy, tired, or
fatigued to reduce crashes involving these drivers. The FMCSA explained
that this action is necessary because we estimate that 755 fatalities
and 19,705 injuries occur each year on the nation's roads because of
drowsy, tired, or fatigued CMV drivers. The proposed regulations would:
    1. Revert to a 24-hour daily cycle, and a 7-day weekly cycle.
    2. Adjust the work-rest requirements for various types of
operations.
    3. Emphasize rest. Require, for long-haul and regional drivers, a
period of 10 consecutive hours off duty within each 24-hour cycle, and
two hours of additional time off in each 14-hour work period within
each 24-hour cycle.
    4. Require weekends, or their functional equivalent, to include at
a minimum a rest period that includes two consecutive periods from 11
p.m. to 7 a.m.
    5. Require the use of electronic on-board recorders in CMVs used by
drivers in long-haul and regional operations.
    The FMCSA has received petitions from the American Trucking
Associations, Commercial Vehicle Safety Alliance, Distribution and LTL
Carriers Association, National Private Truck Council and numerous motor
carriers, drivers, other industry associations, and members of Congress
requesting that the comment period to be extended. The petitioners
voiced concerns that the lengthy proposed rule was extremely complex
and that 90 days was insufficient time to review the research, assess
the impact of the proposed rules on CMV operations, and provide
meaningful comments. We agree that more time for in-depth analysis of
the NPRM, including the numerous studies involving fatigue, driver
physiology, crash data, and operating characteristics of the various
CMV operations, by the affected parties, would be beneficial to the
FMCSA in this rulemaking. For the reasons above, the FMCSA finds good
cause to extend this NPRM comment period closing date for 90 days.
    The FMCSA is also placing in the docket the pre-publication final
report on ``Effects of Sleep Schedules on Commercial Motor Vehicle
Driver Performance,'' prepared by the Division of Neuropsychiatry,
Walter Reed Army Institute of Research.

    Authority: 49 U.S.C. 322 and 49 CFR 1.73.

    Issued on: June 12, 2000.
Clyde J. Hart, Jr.
Acting Deputy Administrator.
[FR Doc. 00-15416 Filed 6-16-00; 8:45 am]
BILLING CODE 4910-22-P