Hours of Service of Drivers; Pilot Program To Allow Commercial Drivers To Split Sleeper Berth Time |
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Daphne Y. Jefferson
Federal Motor Carrier Safety Administration
6 June 2017
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26232-26237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11642]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0260]
Hours of Service of Drivers; Pilot Program To Allow Commercial
Drivers To Split Sleeper Berth Time
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
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SUMMARY: FMCSA proposes a pilot program to allow temporary regulatory
relief from the Agency's sleeper berth regulation, for a limited number
of commercial drivers who have a valid commercial driver's license
(CDL), and who regularly use a sleeper berth to accumulate their
required 10 hours of non-duty work status. During the pilot program,
participating drivers would have the option to split their sleeper
berth time within parameters specified by FMCSA. Driver metrics would
be collected for the duration of the study, and participants' safety
performance
[[Page 26233]]
and fatigue levels would be analyzed. This pilot program seeks to
produce statistically reliable evidence on the question whether split
sleeper berth time affects driver safety performance and fatigue
levels.
The Agency proposes criteria for participating drivers and
carriers, outlines procedural steps and a data collection plan, and
requests comments on these elements.
DATES: Comments must be received on or before August 7, 2017. The
implementation date of the Pilot Program will be announced in
subsequent Federal Register notices.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0260 using any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, 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: 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC 20590 between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submission must include the Agency name and the
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001, by email at Nicole.michel@dot.gov, or
by telephone at 202-366-4354. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826. Further information will be posted at the Web site for
the proposed pilot program: www.sleeperberthstudy.com.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. In this notice, FMCSA requests certain information,
but comments need not be limited to those requests.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0260), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online, by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number, ``FMCSA-2016-0260'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice as
being available in the docket, go to www.regulations.gov and insert the
docket number, ``FMCSA-2016-0260'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
On June 9, 1998, the President signed the Transportation Equity Act
for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107). Section
4007 of TEA-21 amended 49 U.S.C. 31315 and 31136(e) to authorize the
Secretary of Transportation (Secretary) to grant waivers and exemptions
from some of the Federal Motor Carrier Safety Regulations (FMCSRs). The
duration of a waiver is limited to 3 months, and the Secretary may
grant the waiver without requesting public comment. By contrast, an
exemption may be granted for up to 5 years,\1\ and may be renewed. The
Secretary must provide the public with an opportunity to comment on
each exemption prior to granting or denying the request.
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\1\ Changed from 2 years to 5 years by Sec. 5206(a)(3) of the
Fixing America's Surface Transportation (FAST) Act, effective
October 1, 2015.
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Section 4007 also authorizes the Secretary to conduct pilot
programs, which are research studies where one or more exemptions are
granted to allow for the testing of innovative alternatives to certain
FMCSRs. FMCSA must publish in the Federal Register a detailed
description of each pilot program, including the exemptions being
considered, and provide notice and an opportunity for public comment
before the effective date of the program. The Agency is required to
ensure that the safety measures in the pilot programs are designed to
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would be
[[Page 26234]]
achieved through compliance with the safety regulations. Pilot programs
are limited to 3 years from the starting date.
At the conclusion of each pilot program, FMCSA must report to
Congress its findings, conclusions, and recommendations, including
suggested amendments to laws and regulations that would enhance motor
carrier, commercial motor vehicle (CMV), and driver safety, and improve
compliance with the FMCSRs.
Section 4007 was implemented as an interim final rule (IFR) that
created 49 CFR part 381 (63 FR 67600, Dec. 8, 1998). On August 20, 2004
(69 FR 51589), FMCSA adopted the IFR as a final rule (69 FR 51589).
Part 381 established procedures to request waivers, apply for
exemptions, and to propose pilot programs. It also required publishing
notice of proposed pilot programs in the Federal Register to afford the
public an opportunity for comment.
III. Background
Earlier Proposals
In early 2013, FMCSA informally expressed an interest in conducting
a pilot program to study variations in the types of ``splits'' of the
required off-duty periods that were allowed when using a sleeper berth.
In June 2013, the National Association of Small Trucking Companies
advised that it supported such a study and its members would be willing
to participate. In December 2013, the American Trucking Associations,
Inc. and the Minnesota Trucking Association submitted a joint proposal
for a split sleeper-berth pilot program. FMCSA has developed today's
proposal based in part on these prior expressions of support and
interest. FMCSA also took into account new sleep studies and findings
when developing the proposal to ensure valid results, without
detrimental safety impacts throughout the program, were reasonably
expected.
Applicable Regulations
As described in 49 CFR 395.1(g)(1), a driver who operates a
property-carrying CMV equipped with a sleeper berth \2\ and who uses
the sleeper berth provision must take at least 8 consecutive hours in
the sleeper berth, plus a separate period of 2 consecutive hours either
in the sleeper berth, off duty, or any combination of the two, before
returning to on-duty status.
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\2\ A ``sleeper berth'' is a sleeping compartment installed on a
CMV that complies with the specifications in 49 CFR 393.76.
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The Flexible Sleeper Berth Pilot Program offers participating
drivers relief from the requirement for 8 consecutive hours in the
sleeper berth.
Previous Research
During listening sessions for the Agency's 2010 notice of proposed
hours-of-service rulemaking, many drivers said they would like some
regulatory flexibility (i.e., an exemption from consolidated sleeper
berth time) to be able to sleep when they get tired or as a
countermeasure to traffic congestion. Although the Agency's 2011 final
rule did not include a split sleeper berth option, FMCSA determined
that the issue should be explored in greater depth. Subsequently, FMCSA
reviewed the literature and completed its own laboratory study on the
safety impacts of split sleep.
The majority of sleep studies to date demonstrate that well-timed
split sleep has either a positive or no effect on subsequent
neurobehavioral performance. This supports the theory that the
restorative effects of sleep on performance may be maintained when
splitting total sleep time into multiple segments. Further, split sleep
does not negatively affect daytime neurobehavioral performance when
compared to a consolidated sleep period of the same total duration.
Table 1 provides a list of selected studies that support the safety
benefits of split sleep for transportation operators.
Table 1--Selected Studies Supporting the Benefits of Split Sleep for
Transportation Operators
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Reference Description
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Thomas G. Raslear , Judith Gertler, and Study analyzes results from
Amanda DiFiore (2013): ``Work five surveys administered
schedules, sleep, fatigue, and between 2006 and 2011 and
accidents in the U.S. railroad provides a comprehensive
industry,'' Fatigue: Biomedicine, description of fatigue in U.S.
Health & Behavior, 1:1-2, 99-115. railroad workers employed in
safety-sensitive positions.
Gianluca Ficca, John Axelsson, Daniel Literature review explores
J. Mollicone, Vincenzo Muto, Michael daytime split-sleep schedules
V. Vitiello (2010): ``Naps, cognition and their effects on recovery
and performance,'' Sleep Medicine (compared with consolidated
Reviews 14, 249-258. sleep schedules) and the
benefits of naps in terms of
wakefulness performance and
cognition.
Daniel J. Mollicone, Hans P.A. Van Laboratory study of 93 adults
Dongen, David F. Dinges (2007): investigates physiological
``Optimizing sleep/wake schedules in sleep obtained in a range of
space: Sleep during chronic nocturnal restricted sleep schedules.
sleep restriction with and without
diurnal naps,'' Acta Astronautica 60,
354-361.
Daniel J. Mollicone, Hans P.A. Van Laboratory study of 90 adults
Dongen, Ph.D., Naomi L. Rogers, Ph.D., examined feasibility of split-
and David F. Dinges, Ph.D. (2008): sleep schedules for astronauts
``Response Surface Mapping of with mission-critical space
Neurobehavioral Performance: Testing operations involving
the Feasibility of Split Sleep restricted nighttime sleep.
Schedules for Space Operations,'' Acta
Astronautica, 63(7-10): 833-840.
J. Horne (2011): ``Obesity and short Analysis critically examines
sleep: unlikely bedfellows?,'' Obesity the link between habitual
Reviews, 12: e84-e94. short sleep and obesity, using
a previously collected data
set.
L. Di Milia, G. Kecklund (2013): ``The Study estimates the prevalence
distribution of sleepiness, sleep and of chronic sleepiness and
work hours during a long distance sleep restriction in a sample
morning trip: A comparison between of 649 drivers.
night- and non-night workers,''
Accident Analysis and Prevention,
53:17-22.
Gregory Belenky, M.D., Steven R. Hursh, Study reviews the literature to
Ph.D., James Fitzpatrick, Hans P. A. examine the recuperative value
Van Dongen, Ph.D. (2008): ``Split of split versus consolidated
Sleeper Berth Use and Driver sleep for performance and
Performance: A Review of the applies a mathematical model
Literature and Application of a to evaluate the effects on
Mathematical Model Predicting performance of 288 sleeper
Performance from Sleep/Wake History berth provision compliant and
and Circadian Phase,'' American non-compliant schedules.
Trucking Associations.
[[Page 26235]]
Gregory Belenky, M.D., Melinda L. In-residence laboratory study
Jackson, Ph.D., Lindsey Tompkins, of 53 healthy participants
Brieann Satterfield, Amy Bender provides between-group
(2012): ``Investigation of the Effects comparisons of nighttime,
of Split Sleep Schedules on Commercial split, or daytime sleep across
Vehicle Driver Safety and Health,'' a 5-day simulated workweek.
FMCSA.
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FMCSA sponsored an in-residence laboratory study entitled
``Investigation of the Effects of Split Sleep Schedules on Commercial
Vehicle Driver Safety and Health.'' The study was conducted from
January 2010 through May 2011. A copy of the report is filed in the
docket identified at the beginning of this notice. Three sleep
conditions were examined: Consolidated nighttime sleep, split sleep,
and consolidated daytime sleep. With respect to objectively measured
sleep, during the 5-day simulated workweek, participants in the
nighttime condition slept the most (8.4 hours 13.4
minutes), participants in the daytime condition slept the least (6.4
hours 15.3 minutes), and participants in the split-sleep
condition fell somewhere in between (7.16 hours 14.2
minutes). The study found that consolidated daytime sleep resulted in
less total sleep time, increased sleepiness, and an increase in blood
glucose and testosterone at the end of the workweek. However,
performance was not significantly affected by sleep opportunity
placement. The findings suggest that, with respect to total sleep time,
consolidated sleep is better than split sleep if the consolidated sleep
opportunity is placed at night, but that split sleep is better than
consolidated sleep if the consolidated sleep opportunity is placed
during the day. This laboratory study and the studies referenced in
Table 1 (as well as others) provide the scientific basis for the
present study.
Previous sleep studies that have shown detrimental effects caused
by split sleep are described in Table 2.
Table 2--Selected Studies Showing Negative Impacts of Split Sleep for
Transportation Operators
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Reference Description
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NTSB (1995). Factors that affect Study determined that split-
Fatigue in Heavy Truck Accidents. shift sleeper berth use
Volume I: Analysis. Safety Study NTSB increased the risk of fatality
Number: SS-95/01, NTIS Number: PB95- and that duration of last
917001, Washington, DC. sleep as well as continuous
sleep were the most important
predictors of fatigue-related
accidents.
Hertz, R.P., ``Tractor-Trailer Driver Study found that CMV driver
Fatality: The Role of Nonconsecutive fatality was significantly
Rest in a Sleeper Berth,'' Insurance associated with split sleeper
Institute for Highway Safety, October berth use and that the quality
1987. Revised February 1988. http:// and quantity of sleep obtained
www.fmcsa.dot.gov/rules-regulations/ in the sleeper berth was less
administration/rulemakings/final/05- than that obtained when
16498-HOS-Final-Rule-8-25-05.htm. sleeping at home.
Dingus, et al, ``Impact of Sleeper Concluded that sleeping in a
Berth Usage on Driver Fatigue,'' moving vehicle impaired the
NHTSA, 2002. FMCSA-2004-19608-1994. quality of rest.\3\
Pilcher, JJ and Huffcutt, Al. ``Effects Found that a single, longer
of sleep deprivation on performance: a sleeping period was more
meta-analysis.'' Pubmed.gov, May1996. refreshing that splitting
https://www.ncbi.nlm.nih.gov/pubmed/ sleep into multiple shorter
8776790. periods and that fatigue and
micro sleeps were more likely
when an individual experienced
disturbed sleep.
------------------------------------------------------------------------
Most of these studies shown in Table 2 have findings that are
potentially outdated due to advances in methods of conducting studies
as well as advances in the understanding of fatigue, fatigue
management, and how different sleep patterns affect performance and
fatigue. More recent studies provide overwhelming documentation that
the circadian rhythm affects fatigue far more than splitting sleep
does, and that splitting sleep may be more beneficial than sleeping in
a single day time period only. A literature review published by
Belenky, et al in 2008 provides a strong case for conducting this pilot
program, despite the earlier findings shown in Table 2. This literature
review furthermore addresses the majority of publications mentioned in
Table 2 with respect to why the subject of split sleep should be
revisited.
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\3\ Note that study is only relevant to driver's who participate
in team driving scenarios, since this is the only situation where
the vehicle can be moving while a driver is in the sleeper berth.
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IV. Pilot Program Requirements
Specific requirements for pilot programs are found in Subparts D
and E of 49 CFR part 381. A pilot program is a study in which
participants are given exemptions from one or more provisions of the
Federal Motor Carrier Safety Regulations (FMCSRs) for up to 3 years to
gather data to evaluate alternatives or innovative approaches to
regulations, while ensuring that an equivalent level of safety is
maintained.
A pilot program must include a program plan that incorporates the
following six elements:
(1) A scheduled duration of three years or less;
(2) A specific data collection and safety analysis plan that
identifies a method of comparing the safety performance for motor
carriers, CMVs, and drivers operating under the terms and conditions of
the pilot program, with the safety performance of motor carriers, CMVs,
and drivers that comply with the regulation;
(3) A reasonable number of participants necessary to yield
statistically valid findings;
(4) A monitoring plan to ensure that participants comply with the
terms and conditions of participation in the pilot program;
(5) Adequate safeguards to protect the health and safety of study
participants and the general public; and
(6) A plan to inform the States and the public about the pilot
program and to identify approved participants to
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enforcement personnel and the general public. (49 CFR 381.500)
At the conclusion of each pilot program, the FMCSA will report to
Congress the findings and conclusions of the program and any
recommendations it considers appropriate, including suggested
amendments to laws and regulations that would enhance motor carrier,
CMV, and driver safety and improve compliance with the FMCSRs. (49 CFR
381.520)
V. Structure of the Pilot Program
The purpose of this pilot program is to examine whether regulatory
flexibility related to the sleeper berth provision could be used to
improve driver rest and alertness. Currently, any interstate driver who
(1) operates a property-carrying CMV equipped with a sleeper berth, and
(2) uses the sleeper berth provision, must take at least 8 consecutive
hours in the sleeper berth, plus a separate 2 consecutive hours either
in the sleeper berth, off duty, or any combination of the two, before
returning to on-duty status. The pilot program would give participating
drivers a temporary exemption from this requirement for consolidated
sleeper berth time, within parameters specified by the Agency. For
study purposes, drivers would be allowed to split their sleep into no
more than two sleeper berth segments. Current regulations allow drivers
to use one 10 hour period, or splits of 9 and 1 hours or 8 and 2 hours.
Drivers operating under the exemption for this study would be allowed
to use any combination of split sleeper periods, totaling 10 hours,
with neither period being less than 3 hours,\4\ allowing for the driver
to use splits of 3 and 7 hours, 4 and 6 hours, or two 5 hour periods.
Following study enrollment, drivers would be able to use split or
consolidated sleep schedules as they choose (within study parameters),
but they must still meet the daily minimum rest requirements.
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\4\ Note that if a driver has one period which is less than 3
hours, they are in compliance with current rules and therefore not
driving under the exemption.
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This pilot program would recruit CDL drivers who operate a CMV
equipped with a sleeper berth and who regularly use the sleeper berth
provision. The study group would include drivers from small, medium,
and large carriers, as well as team drivers and owner-operators. To
ensure statistical significance, approximately 200 study group
participants are desired. Each participating driver would be
recommended, but not required, to complete the Driver Education Module
(Module 3) and Driver Sleep Disorders and Management Module (module 8)
of the NAFMP before data collection starts to ensure participants are
aware of the risks of driving fatigued and have tools available to
manage their fatigue throughout the study. Drivers will be asked
whether or not they chose to complete these modules, or whether they
had completed them prior to study application.
Participating carriers that meet the eligibility criteria, as
described later in this notice, may assist in recruiting study group
drivers. Drivers will be enrolled in the study contingent upon approval
from their carrier, as applicable (owner-operators will not need to
meet this requirement).
The pilot program would also collect driver identification details
and data on sleep, safety-critical events (SCEs), subjective sleepiness
ratings, and behavioral alertness for up to a 90-day period per driver.
VI. Management of the Pilot Program
FMCSA has designated a project manager for the pilot program.
Participating carriers would be publicly announced. FMCSA would develop
the applications, agreements, and forms to be used by interested
carriers and potential study group members.
Eligibility requirements and procedural matters are discussed in
Sections VII and VIII of this notice.
VII. Eligibility Criteria To Participate
A. Motor Carriers
Motor carriers who have drivers participating in the pilot program
must meet the following requirements:
Grant permission for drivers to participate in the
Flexible Sleeper Berth Pilot Program.
Agree to comply with all pilot program procedures, which
will be established and made available in written form to carrier-
applicants prior to initiation of the pilot program.
Grant permission for researchers to install an onboard
monitoring system (OBMS) and/or electronic logging device (ELD) in each
participating driver's vehicle throughout the study duration.
Grant permission for drivers participating in the study to
operate under the flexible sleeper berth exemption, as well as an
exemption allowing participating drivers to maintain two hours of
service logs (the study-provided ELD system will be the only way to
properly track flexible sleeper berth hours of service).
B. Study Group Drivers
In order to participate in the Flexible Sleeper Berth Pilot
Program, drivers must meet the following eligibility requirements:
Be at least 21 years of age when the pilot begins.
Operate a CMV equipped with a sleeper berth and regularly
use the sleeper berth.
Have a valid CDL.
Be medically fit for duty (have a medical certificate that
is valid throughout the period of participation).
Have carrier approval for participation in the study
(unless driver is an owner-operator).
May not be a slip-seat driver who shares use of the same
truck or truck-tractor with another driver(s) during separate periods
such as shifts, days, or weeks.
May not drive outside of the United States.
Agree to the release of specific information \5\ to FMCSA
for purposes of the pilot.
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\5\ Information will be specified by the time drivers apply to
participate. Collection of specified information must be approved
prior to initiation of pilot program.
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Agree to study procedures,\6\ including the use of ELDs
and camera-based OBMSs.
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\6\ Procedures will be specified by the time drivers apply to
participate. Specific procedures must be established and approved
prior to initiation of the pilot program.
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VIII. Process To Apply To Participate
A. Motor Carriers
Visit the pilot program Web site
(www.sleeperberthstudy.com) and complete an electronic application with
screening questionnaire, which will request the following details, at a
minimum: Name, carrier information, company name, job title, carrier
size, and whether the carrier's drivers have previously completed the
NAFMP (specifically modules 3 and 8). The carrier must grant permission
for OBMS and/or ELD equipment to be temporarily installed in the
vehicles of participating drivers, and for drivers to use the study-
provided ELD system for recording HOS during the period of data
collection (up to 90 days).
The carrier's representative must acknowledge that driver
data to include OBMS video, driving data, sleep data, performance data,
and caffeine data must remain confidential and will not be shared with
the company. The exception to this is ELD data for properly recording a
driver's HOS.
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B. Study Group Drivers
Visit the pilot program Web site
(www.sleeperberthstudy.com) and complete an electronic application and
screening questionnaire, which will request the following details, at a
minimum: Name, contact information, MEC expiration date, CDL status,
typical operation type (solo, team, or slip seat), location of their
home terminal, whether they regularly drive a truck equipped with a
sleeper berth, whether they regularly use their sleeper berth, whether
they have previously completed modules 3 and 8 of the NAFMP, and
whether they currently use paper or electronic HOS logs.
Participate in a phone call with a member of the research
team to confirm interest and eligibility.
Obtain carrier permission to participate (unless the
individual is an independent owner operator).
Provide written, informed consent after a briefing session
on data collection techniques and methods.
VIII. Data Collection Plan
Details of the data collection plan for this pilot program are
subject to change based on comments to the docket and further review by
analysts. Factors to be collected from each participating carrier and
driver before the pilot program begins are discussed in Section VII of
this notice. Participating drivers will drive an instrumented vehicle
(instrumented by the research team with a study-provided OBMS and
custom ELD) for up to 90 days. During a pre-study briefing,
participants will receive a study-provided smartphone (installed with a
variety of data collection applications), as well as a wrist actigraphy
device.\7\ Participants whose vehicles are not already equipped with a
compatible ELD will be provided with an approved ELD application
(installed on the study-provided smartphone). At a minimum, FMCSA will
gather the following data during the study:
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\7\ Participants will wear wrist actigraphy devices (similar to
commercially available smart fitness watches) throughout their time
in the study. Actigraphy is a minimally obtrusive, validated
approach to assessing sleep/wake patterns.
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ELD data, to evaluate duty hours and timing, driving hours
and timing, rest breaks, off-duty time, and restart breaks.
OBMS data, to evaluate driving behaviors, SCEs (crashes,
near-crashes, and other safety-related events), reaction time, fatigue,
lane deviations, and traffic density (as discerned from viewpoints of
the multiple cameras), road curvature, and speed variability.
Roadside violation data (from carriers and drivers, as
well as the Commercial Driver's License Information System (CDLIS)),
including vehicle, duty status, hazardous materials, and cargo-related
violations (contingent upon inspections).
Wrist actigraphy data, to evaluate total sleep time, time
of day sleep was taken, sleep latency, and intermittent wakefulness.
Psychomotor Vigilance Test (PVT) \8\ data, to evaluate
drivers' behavioral alertness based on reaction times.
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\8\ For this study, drivers will be required to complete daily
iterations of a brief PVT, a 3-minute behavioral alertness test
which measures drivers' alertness levels by timing their reactions
to visual stimuli.
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Subjective sleepiness ratings, using the Karolinska
Sleepiness Scale,\9\ to measure drivers' perceptions of their fatigue
levels.
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\9\ The KSS is a 9-point Likert-type scale ranging from
``extremely alert'' to ``extremely sleepy'' and has been widely used
in the literature as a subjective assessment of alertness.
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Sleep logs, in which drivers will document when they are
going to sleep, when they wake up, and whether they are using the
sleeper berth. For split-sleep days, drivers will record how and why
they chose to split their sleep.
Other information that may be needed will also be collected through the
participating carrier. Every effort will be made to reduce the burden
on the carrier in collecting and reporting this data.
IX. Paperwork Reduction Act
The pilot program will require participating motor carriers to
collect, maintain, and report to FMCSA certain information about their
drivers who are participating in the pilot program. This will include
identifying information and safety performance data for use in
analyzing the drivers' safety history. The Agency will develop forms to
promote uniformity in the data collected by the pilot carriers.
The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520)
prohibits agencies from conducting information collection (IC)
activities until they analyze the need for the collection of
information and how the collected data will be managed. Agencies must
also analyze whether technology could be used to reduce the burden
imposed on those providing the data. The Agency must estimate the time
burden required to respond to the IC requirements, such as the time
required to complete a particular form. The Agency submits its IC
analysis and burden estimate to the Office of Management and Budget
(OMB) as a formal information collection request (ICR); the Agency
cannot conduct the information collection until OMB approves the ICR.
Because certain aspects of this pilot program--such as the content
of forms and reports--have not been finalized, the Agency is not
posting possible IC burden data at this time. When the pilot program is
implemented, this information will be posted and additional comments
will be taken.
X. Removal From the Program
FMCSA reserves the right to remove any motor carrier or driver from
the pilot program for reasons related, but not limited to, failure to
meet all program requirements.
XI. Request for Public Comments
Instructions for filing comments to the public docket are included
earlier in this notice. FMCSA seeks information in the following areas,
but responses need not be limited to these questions:
1. Are any additional safeguards needed to ensure that the pilot
program provides a level of safety equivalent to that without the
consolidated sleeper berth time exemption?
2. Should completion of modules 3 and 8 of the NAFMP be required
for study participation (instead of recommended)?
3. Are the data collection efforts proposed for carriers and
drivers so burdensome as to discourage participation?
4. How should data collection efforts differ for team drivers?
Issued on: May 31, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-11642 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P