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FMCSA Content

[Federal Register: August 15, 2000 (Volume 65, Number 158)]
[Proposed Rules]               
[Page 49780-49781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au00-20]                         

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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]
RIN 2126-AA23

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

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

ACTION: Proposed rule; roundtable meetings and extension of comment 
period.

-----------------------------------------------------------------------

SUMMARY: The FMCSA announces it is holding three public roundtables, 
each focusing on specific topics identified in the comment process on 
the proposed revisions to its hours-of-service (HOS) regulations. The 
format for the roundtables is two-day sessions designed to elicit in-
depth discussion and exchange of supporting data. The FMCSA will invite 
representatives of stakeholders in the HOS rulemaking and other 
partners to sit at the roundtable. The public also is invited to attend 
and participate. The FMCSA considers the roundtable process as the next 
important step in gathering useful comment on its HOS proposal. A 
transcript of each roundtable will be placed in the rulemaking docket. 
To allow the public to review the transcripts, the public comment 
period for the rulemaking is extended until December 15, 2000.

DATES: The roundtables will be held on September 25-26; September 28-
29, and October 5-6. They will begin at 8:30 a.m. and end at 5 p.m. 
Comments must be submitted no later than December 15, 2000.

ADDRESSES: The first roundtable will be held at the National 4-H 
Center, Chevy Chase, MD, and the others at the Marriott Wardman Park 
Hotel, Washington, DC. Comments should refer to the docket number 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. Written comments may also be submitted electronically by 
using the submission form at http://dmes.dot.gov/submit/BlankDSS.asp.

FOR FURTHER INFORMATION CONTACT: For questions about the roundtable 
process, contact Mr. Stanley Hamilton, (202) 366-0665.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You can access this document and all comments received on Docket 
No. FMCSA-97-2350 by using the universal resource locator (URL): http:/
/dms.dot.gov. It is available 24 hours each day, 365 days each year. 
Please follow the instructions online for more information and help. 
You also can find this document at the FMCSA's Motor Carrier Regulatory 
Information Service (MCREGIS) web site for notices at http://
www.fmcsa.dot.gov/rulesregs/fmcsr/rulemakings.htm.

Accessibility Needs

    If you need special accommodations, such as sign language 
interpretation, please contact Mr. Hamilton at least one week before 
the roundtable you are attending.

Structure of the Roundtable Dialogues

    On April 24, 2000, the FMCSA issued a notice of proposed rulemaking 
(NPRM) to revise the HOS regulations (65 FR 25540, May 2, 2000). The 
preamble to the NPRM includes a comprehensive discussion of the 
history, background, and research leading to the current proposal. 
Between May 30 and July 7, eight public hearings were held at seven 
locations across the country. The format of these hearings was similar 
to those for most other ``notice and comment'' rulemakings: an open 
forum in which presiding federal officials heard oral presentations on 
the widest range of issues addressed in the NPRM from parties directly 
and indirectly affected by the proposal, including the general public. 
At the same time, over 40,000 comments have reached the public docket 
and are available on the internet for all interested persons to review.
    When he announced the issuance of the NPRM, Secretary of 
Transportation Rodney E. Slater stressed that it was a proposal and 
that the FMCSA was actively seeking substantive public comment on the 
provisions. Because the issues involved in the HOS proposal are complex 
and contentious, the FMCSA wants to continue this process of public 
involvement and further enhance the quality of information it can 
derive from the comment period. However, the usual format of public 
hearings does not often allow decision makers to hear various 
viewpoints expressed in a detailed, substantive manner within the same 
proceeding or in dialogue with other, conflicting views. Accordingly, 
the FMCSA has designed a roundtable format to permit additional 
discussion among different stakeholders and agency representatives on a 
set of critical issues. The roundtables will continue and expand the 
FMCSA's commitment to fully explore all issues and concerns of 
stakeholders and the public through on-going dialogue.
    Each of the three public roundtables is dedicated to specific 
agenda issues. These were determined by the FMCSA, based on the 
comments received to date, to be the critical issues that require 
further discussion and exchange of supporting documentation among all 
interested parties. The FMCSA expects that the dialogues at the 
roundtables will develop information useful as it continues the 
rulemaking process.
    For each roundtable, a different roster of commenters and 
organizations that have provided important insight on the significant 
issues selected for that roundtable will be invited to form the 
roundtable. Each will be limited to no more than 22 members to 
encourage an interactive exchange of ideas and, most importantly, data 
on the issues under discussion. Organizations selected as participants 
are encouraged to designate individuals who will be able to explain the 
basis for their positions, provide the supporting rationale and 
documentation, and engage in a substantive exchange in responding to 
differing viewpoints. Because the roundtable format stresses 
presentation and exchange of data and documentation supporting 
particular positions on the issue, the roundtables are scheduled for 
Washington, DC, where many of the participants are located.
    A moderator will open each roundtable and maintain a useful 
dialogue. The intent is to foster

[[Page 49781]]

discussion among stakeholders and the public; the roundtables are not 
for the purpose of forming consensus on any issues. Members of the 
public are invited to attend and will have the opportunity to add to 
each dialogue. Each roundtable will have different members, and no 
organizations or individuals will be invited to more than one 
roundtable.
    The goals of the FMCSA in holding the roundtables are to continue 
meaningful public involvement in the rulemaking process and further 
enhance the agency's understanding of the data and analysis supporting 
the various positions expressed on the issues involved in the NPRM.

Roundtable Assignments--Agenda Issues

Roundtable I Agenda Items
--Economic impacts of revising the current HOS rules;
--Fatigue Research;
--Enforcement.
Roundtable II Agenda Items
--Sleeper Berth requirements;
--Communications during rest periods;
--End of work-week rest periods;
--Hours of work permitted each day.
Roundtable III Agenda Items
--Categories of carrier operations;
--Electronic on-board recorder (EOBR) requirements;
--Allowable exemptions.

Participants to be Invited

    The FMCSA will invite participants to the roundtables from 
organizations and groups, such as:
AAA, Advocates for Auto and Highway Safety, Amalgamated Transit Union, 
American Bakers Association, American Bus Association, American 
Insurance Association, American Moving & Storage Association, American 
Road and Transportation Builders Association, American Trucking 
Associations, Associated General Contractors of America

Brotherhood of Railroad Signalmen, Citizens for Reliable and Safe 
Highways, Commercial vehicle drivers, Commercial Vehicle Safety 
Alliance, Home heating oil representative, Insurance Institute for 
Highway Safety, International Brotherhood of Teamsters, Motor Freight 
Carriers Association, National Association of Governors' Highway Safety 
Representatives, National Industrial Transportation League

National Private Truck Council, National Ready Mixed Concrete 
Association, National Rural Electric Cooperative Association, National 
Sleep Foundation, National Safety Council, National Tank Truck 
Carriers, Owner-Operator Independent Drivers Association, Parents 
Against Tired Truckers, Petroleum Marketers Association of America

Small trucking company representatives, Snack Food Association, 
Transportation Trades Division, AFL-CIO, Truckload Carriers 
Association, United Motorcoach Association, VDO North America

Public Attendees

    Public participation may be limited, based on the time constraints 
that result from a particular roundtable discussion.

Extension of the Public Comment Period

    In order to allow the general public a further opportunity to 
participate in and comment on the roundtable dialogues, the comment 
period for the rulemaking has been extended until December 15, 2000. 
Detailed instructions for filing comments are provided in the NPRM.

    Authority: 49 U.S.C. 322, 31502, and 31136; and 49 CFR 1.73.


    Issued on: August 9, 2000.
Clyde J. Hart, Jr.,
Acting Deputy Administrator, Federal Motor Carrier Safety 
Administration.
[FR Doc. 00-20610 Filed 8-14-00; 8:45 am]
BILLING CODE 4910-22-D


 
 
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