[Federal Register: January 31, 2011 (Volume 76, Number 20)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385, 386, 390, and 395
[Docket No. FMCSA-2004-19608]
Hours of Service of Drivers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of public listening session and on-line comment and
SUMMARY: FMCSA announces that it will hold a public listening session
to solicit comments and information on its notice of proposed
rulemaking (NPRM) on hours-of-service (HOS) requirements, which it
published in the Federal Register on December 29, 2010. Specifically,
the Agency wants to know what factors, issues, and data it should
consider as it analyzes responses to its NPRM on HOS requirements for
property-carrying commercial motor vehicle (CMV) drivers. The session,
which will be held in Arlington, Virginia, will allow interested
persons to present comments, views, and relevant new research that
FMCSA should consider in its final rule. All comments will be
transcribed and placed in the rulemaking docket for FMCSA's
consideration. FMCSA also announces that it will hold an on-line
comment and question session on the same day, a transcript of which
will also be placed in the rulemaking docket.
DATES: The listening session will be February 17, 2011, in Arlington,
VA (near Washington, DC). The listening session will begin at 10 a.m.
and end at 5 p.m. e.t., or earlier, if all participants wishing to
express their views have done so. The on-line comment and question
session will be held from Noon to Midnight e.t.
ADDRESSES: The February 17, 2011, meeting will be held at the Crowne
Plaza Washington National Airport, 1480 Crystal Drive, Arlington, VA
22202. The hotel telephone number is 800-972-3159.
Internet Address for Alternative Media Broadcasts During and
Immediately After the Listening Session. FMCSA will post specific
information on how to participate via the Internet and telephone on the
FMCSA Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx.
You may submit comments bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA-2004-19608 using any of the following
Federal eRulemaking Portal: Go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m. e.t., Monday through Friday, except Federal Holidays.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
Docket: For access to the docket to read background documents or
comments, go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov at any time or visit Room
W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
If you want acknowledgment that we received your comments, please
include a self-addressed, stamped envelope or postcard or print the
acknowledgement page that appears after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: For information concerning the HOS
rules, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division, (202) 366-4325.
If you need sign language assistance to participate in this HOS
listening session, contact Mr. David Miller, FMCSA Regulatory
Development Division, (202) 366-5370 or at FMCSAregs@dot.gov, by
February 10, 2011, to allow us to arrange for such services. There is
no guarantee that interpreter services requested on short notice can be
On July 25, 2010, FMCSA submitted a draft HOS NPRM to OMB and on
December 29, 2010, published the NPRM (75 FR 82170). The NPRM proposed
to revise the regulations for hours of service for drivers of property-
carrying commercial motor vehicles (CMVs).
II. Meeting Participation and Information FMCSA Seeks From the Public
The listening session is open to the public. Speakers' remarks will
be limited to 5 minutes each. The public may submit material to the
FMCSA staff at the session for inclusion in the public docket, FMCSA-
The Agency seeks data and answers relating to the following issues
and questions. The comments sought below may be submitted in written
form at the session and summarized verbally, if desired.
1. Driving Time. FMCSA is seeking additional studies or data that
examine in greater detail the fatigue and safety differences between
driving in the 10th and 11th hours. FMCSA is also interested in data
that indicate when and how frequently the 11th hour is used. It seeks
data on how much of the 11th hour is used when a driver goes beyond the
1a. For example, on days in which the driver both picks up and
delivers a truckload, how often does the driver reach the 11th hour of
1b. When the driver drives over 10 hours, is it by 5 minutes or by
1c. What is the percentage of driving that takes place in each hour
compared to total driving that occurs?
2. Duty Time/Driving Window. FMCSA is soliciting information on
patterns of work for night drivers:
2a. For drivers who always drive at night, what is the typical
length of their duty day?
2b. For drivers who sometimes drive at night, how frequently do
they do that?
2c. FMCSA is seeking comments on whether drivers who drive at least
3 hours between midnight and 6 a.m. should have an hour less duty time
available (12 hours rather than 13) to provide a longer period to
3. Time-On-Task (TOT) Function. The Agency seeks comment on whether
its approach to estimating its TOT function is reasonable given the
lack of good exposure data. The Agency is interested in any suggestions
for improving its approach for estimating TOT effects, especially
information on where it might obtain better data on exposure and other
driver characteristics that would enable it to improve its estimation
of how or whether crash risk varies over successive hours of daily
4. Cumulative Fatigue. The Agency seeks comment on whether its
methodology for evaluating cumulative fatigue and its impact on driving
performance is reasonable. The Agency also welcomes further information
on the effects of cumulative fatigue, particularly in the form of
scientific studies or data that would allow better evaluation of
cumulative fatigue and its impact on workplace safety, driver safety
performance, and productivity.
III. Alternative Media Broadcasts During and Immediately After the
Listening Session on February 17, 2011
FMCSA will Web cast the listening session on the Internet and will
have telephone lines available for those wishing to participate by
telephone. FMCSA will also open a window on its Web site for commenters
to send in comments and questions. That session will be open from Noon
e.t. through Midnight e.t. During the separate Internet question and
comment session, FMCSA representatives will respond to questions and
provide clarification on the NPRM, subject to Administrative Procedure
Act restrictions which prohibit Agency officials from engaging in
policy discussions about open rulemaking proceedings. Specific
information on how to participate via the Internet and the telephone
access number will be on the FMCSA Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx.
FMCSA will docket the transcripts from the Internet comment and
question session, as well as the webcast transcript and a separate
transcription of the listening session that will be prepared by an
official court reporter.
Issued on: January 26, 2011.
Anne S. Ferro,
[FR Doc. 2011-2084 Filed 1-28-11; 8:45 am]
BILLING CODE 4910-EX-P