[Federal Register: March 2, 2010 (Volume 75, Number 40)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2004-19608]
Hours of Service
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of public listening session.
SUMMARY: FMCSA announces that it will hold a fifth public listening
session (in addition to the four sessions held in January 2010) to
solicit comments and information on potential hours-of-service (HOS)
regulations. Specifically, the Agency wants to know what factors,
issues, and data it should be aware of as it prepares to issue a notice
of proposed rulemaking (NPRM) on HOS requirements for property-carrying
commercial motor vehicle (CMV) drivers. This session will be held in
the Louisville, Kentucky area in conjunction with the Mid-America
Trucking Show. The listening session will allow interested persons to
present comments, views, and relevant research on revisions FMCSA
should consider in its forthcoming rulemaking. All comments will be
transcribed and placed in the rulemaking docket for the FMCSA's
DATES: This listening session will be held on Friday, March 26, 2010,
in Louisville, Kentucky. It will begin at 10 a.m. local time and end at
6 p.m., or earlier, if all participants wishing to express their views
have done so.
ADDRESSES: The listening session will be held at the Mid-America
Trucking Show at the Kentucky Exposition Center, South Wing Room B101,
937 Phillips Lane, Louisville, Kentucky 40209-1331. The Kentucky
Exposition Center may be contacted at (502) 367-5000 for directions.
Each person attending may attend the trucking show and the listening
session free of charge, if they pre-register online with the Mid-
America Trucking Show organizer at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://truckingshow.com/attendee/attendee-registration. Attendees pre-registering must print out their
confirmation page after registering and present it at the Kentucky
Exposition Center door to be admitted free. Otherwise, admission to the
trucking show on March 26 will be $5.00.
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.,
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 to 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., 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 FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
FOR FURTHER INFORMATION CONTACT: For information concerning the hours-
of-service rules, contact Mr. Tom Yager, Chief, Driver and Carrier
Division, (202) 366-4325, firstname.lastname@example.org.
For sign language interpretation services, contact the Regulatory
Development Division at (202) 366-5370 or FMCSAregs@dot.gov, by March
17, 2010, to allow us to arrange for such services. There is no
guarantee that interpreter services requested on short notice can be
On October 26, 2009, Public Citizen, et al. (Petitioners) and FMCSA
entered into a settlement agreement under which the parties agreed to
seek to hold Petitioners' petition for judicial review of the November
19, 2008 Final Rule on drivers' hours of service in abeyance pending
the publication of an NPRM. The settlement agreement states that FMCSA
will submit the draft NPRM to the Office of Management and Budget (OMB)
within nine months, and publish a Final Rule within 21 months, of the
date of the settlement agreement. The current rule will remain in
effect during the rulemaking proceedings.
On January 5, 2010, FMCSA announced its plans to hold three public
listening sessions concerning the HOS rulemaking (75 FR 285). On
January 15, 2010, FMCSA announced its plans to hold a fourth public
listening session (75 FR 2467). FMCSA now announces a fifth public
listening session to solicit additional written and/or oral comments
and information on potential revisions to the HOS rule. The Agency will
provide further opportunity for public comment when the NPRM is
II. Meeting Participation
This listening session is open to the public. Speakers' remarks
will be limited to 10 minutes each. The public may submit material to
the FMCSA staff at each session for inclusion in the public docket,
III. Questions for Discussion During the Listening Sessions
In preparing their comments, meeting participants should consider
the following questions about possible alternatives to the current HOS
requirements. These scenarios are merely set forth for discussion;
FMCSA will not necessarily include them in an NPRM but would request
similar information and data in an NPRM. Answers to these questions
should be based upon the experience of the participants and any data or
information they can share with FMCSA.
A. Rest and On-Duty Time
1. Would mandatory short rest periods during the work day improve
driver alertness in the operation of a CMV? How long should these rest
periods be? At what point in the duty cycle or drive-time would short
rest periods provide the greatest benefit? What are the unintended
consequences if these short rest periods are mandatory? Should the on-
duty period be extended to allow for mandatory rest periods?
2. If rest or other breaks from driving improve alertness, could a
driver who chooses to take specified minimum breaks be given scheduling
flexibility--the ability to borrow an hour from another driving day
once a week, for example--if that flexibility would not increase safety
risks or adversely impact driver health?
3. How many hours per day and per week would be safe and healthy
for a truck driver to work?
4. Would an hours-of-service rule that allows drivers to drive an
hour less when driving overnight improve driver alertness and improve
safety? Are there any adverse consequences that could arise from the
implementation of a separate nighttime hours-of-service regulation?
B. Restart to the 60- and 70-Hour Rule
1. Is a 34-consecutive-hour off-duty period long enough to provide
restorative sleep regardless of the number of hours worked prior to the
restart? Is the answer different for a driver working a night or
2. What would be the impact of mandating two overnight off-duty
periods, e.g., from midnight to 6 a.m., as a component of a restart
period? Would such a rule present additional enforcement challenges?
3. How is the current restart provision being used by drivers? Do
drivers restart their calculations after 34 consecutive hours or do
drivers take longer periods of time for the restart?
C. Sleeper Berth Use
1. If sleeper-berth time were split into two periods, what is the
minimum time in each period necessary to provide restorative sleep?
2. Could the 14-hour on-duty limitation be extended by the amount
of some additional sleeper-berth time without detrimental effect on
highway safety? What would be the appropriate length of such a limited
sleeper-berth rest period?
D. Loading and Unloading Time
1. What effect has the fixed 14-hour driving "window" had on the
time drivers spend waiting to load or unload? Have shippers and
receivers changed their practices to reduce the amount of time drivers
spend waiting to load or unload?
1. Are there aspects of the current rule that do not increase
safety risks or adversely impact driver health and that should be
Issued on: February 24, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-4293 Filed 3-1-10; 8:45 am]
BILLING CODE 4910-EX-P