[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385 and 395
[Docket No. FMCSA-2004-19608]
Hours of Service of Drivers; Availability of Supplemental Documents
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of availability of supplemental documents.
SUMMARY: This notice advises the public that FMCSA is placing in the
public docket four additional documents concerning hours of service
(HOS) for commercial motor vehicle (CMV) drivers. FMCSA published an
interim final rule (IFR) on this issue on December 17, 2007. The Agency
now dockets the supplemental documents.
ADDRESSES: You may submit comments, identified by docket number FMCSA-
2004-19608, by one of the following methods: Internet, facsimile,
regular mail, or hand delivery. Please do not submit the same comments
by more than one method. FMCSA encourages use of the Federal
eRulemaking portal. It provides the most efficient and timely method of
receiving and processing your comments.
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation; 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: 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.
Instructions: All submissions must include the Agency name and
docket number (FMCSA-2004-19608) or Regulatory Identification Number
(RIN 2126-AB14) for this action. Note that all comments received will
be posted without change to http://www.regulations.gov, including any personal information provided. Refer to the Privacy Act heading at http://www.regulations.gov for further information.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the [[Page 35976]] comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19476) or you may
You can find electronic submission and retrieval help and
guidelines under the "help" section of the Web site.
For notification that FMCSA received your comments, please
include a self-addressed, stamped envelope or postcard, or print the
acknowledgement page that appears after submitting comments on line.
All comments received will be available for examination in
the docket at the above address or on the Web site.
Comments received will be considered to the extent practicable.
FMCSA will continue to put relevant information in the docket as it
becomes available and interested persons should continue to examine the
docket for new material.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations. Telephone (202) 366-4325 or E-mail
MCPSD@dot.gov. Office hours are from 7:45 a.m. to 4:15 p.m., e.t.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: On August, 25, 2005, FMCSA published a final
HOS rule ("2005 rule") (70 FR 49978). On July 24, 2007, the DC
Circuit Court vacated the 11-hour driving time and 34-hour restart
provisions of the 2005 rule (Owner-Operator Independent Drivers
Association, Inc. v. Federal Motor Carrier Safety Administration, 494
F.3d 188 (DC Cir. 2007)). In response to the DC Circuit Court decision,
FMCSA published an interim final rule (IFR) on December 17, 2007 (72 FR
71247) that reinstated the two provisions vacated by the Court and
sought further comments on those provisions.
For a full background on this rulemaking, please see the preamble
to the December 2007 HOS IFR. The docket for this rulemaking (FMCSA-
2004-19608) contains all of the background information for this
rulemaking, including comments.
This notice advises of the availability of four additional
documents. FMCSA remains committed to issuing a final rule in 2008 and
any comments on the four documents should be submitted as soon as
FMCSA is placing the following four documents in the docket:
"Integrated Report: Peer Review of R. J. Hanowski et al.,
"Analysis of Risk as a Function of Driving Hours: Assessment of
Driving Hours 1 through 11."" The separate reviews were conducted by
D.A. Perrin (January 23, 2008), G. Belenky and L.J. Wu (February 6,
2008), and S.R. Hursh and J. Fanzone (February 7, 2008). This peer
review was conducted at the request of FMCSA.
"Review of Hours of Service Regulatory Impact Analysis
(RIA) Report," conducted by Linda Ng Boyle, Ron Knipling, and Greg
Belenky, and dated December 27, 2007. This peer review was conducted at
the request of FMCSA.
"Hours of Service Regulatory Impact Analysis: Peer Review
Results and FMCSA Responses," dated May 2008. This document was
prepared in response to the requested peer review of the RIA that
accompanied the 2007 HOS IFR.
"Analysis of Fatigue-Related Large Truck Crashes, the
Assignment of Critical Reason, and Other Variables Using the Large
Truck Crash Causation Study." This analysis, dated May 30, 2008, was
prepared by FMCSA.
Issued on: June 20, 2008.
John H. Hill,
[FR Doc. E8-14491 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-EX-P