Hours of Service of Drivers |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
23 August 2018
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Proposed Rules]
[Pages 42631-42635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18379]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2018-0248]
RIN 2126-AC19
Hours of Service of Drivers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: The introduction of electronic logging devices and their
ability to accurately record compliance with hours-of-service (HOS)
regulations for drivers of commercial motor vehicles (CMVs) have
prompted numerous requests from Congress and the public for FMCSA to
consider revising certain
[[Page 42632]]
HOS provisions. To address these requests, FMCSA seeks public input in
four specific areas in which the Agency is considering changes: The
short-haul HOS limit; the HOS exception for adverse driving conditions;
the 30-minute rest break provision; and the sleeper berth rule to allow
drivers to split their required time in the sleeper berth. In addition,
the Agency seeks public comment on petitions for rulemaking from the
Owner-Operator Independent Drivers Association (OOIDA) and
TruckerNation.org (TruckerNation). OOIDA petitioned the Agency to amend
the HOS rules to allow drivers to take a rest break once per 14-hour
duty period for up to three consecutive hours if the driver is off-
duty. OOIDA's petition also requests that the Agency eliminate the 30-
minute rest break requirement which the Agency had identified as an
area of consideration for rulemaking. TruckerNation petitioned the
Agency to revise the prohibition against driving after the 14th hour of
the beginning of the work shift, allow drivers to use multiple off-duty
periods of three hours or longer in lieu of having 10 consecutive hours
off-duty, and eliminate the 30-minute rest break requirement.
DATES: Comments on this ANPRM must be received on or before September
24, 2018.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2018-0248 using any of the following methods:
Federal eRulemaking Portal: 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, 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.
Fax: 202-493-2251.
Submissions Containing Confidential Business Information
(CBI): Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200
New Jersey Avenue SE, Washington, DC 20590.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590, (202) 366-4325.
If you have questions on viewing or submitting material to the
docket, contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: This ANPRM is organized as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations and Acronyms
III. Legal Basis for the Rulemaking
IV. Background
A. Short-Haul Operations
B. Adverse Driving Conditions
C. 30-Minute Break
D. Split-Sleeper Berth
V. Comments Sought
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
ANPRM (Docket No. FMCSA-2018-0248), indicate the specific section of
this document to which each section applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or 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 that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2018-0248, 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 on 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 and may change this proposed rule based on your
comments. Late comments will be considered to the extent practicable.
FMCSA may issue a proposed rule at any time after the close of the
comment period.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is customarily not made available to the general
public by the submitter. Under the Freedom of Information Act, CBI is
eligible for protection from public disclosure. If you have CBI that is
relevant or responsive to this ANPRM, it is important that you clearly
designate the submitted comments as CBI. Accordingly, please mark each
page of your submission as ``confidential'' or ``CBI.'' Submissions
designated as CBI and meeting the definition noted above will not be
placed in the public docket of this ANPRM. Submissions containing CBI
should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division,
1200 New Jersey Avenue SE, Washington, DC 20590. Any commentary that
FMCSA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0248, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document 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.
C. 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-
[[Page 42633]]
14 FDMS), which can be reviewed at www.dot.gov/privacy.
II. Abbreviations and Acronyms
CMV Commercial motor vehicle
DOT Department of Transportation
ELD Electronic logging device
FR Federal Register
HOS Hours of service
U.S.C. United States Code
III. Legal Basis for the Rulemaking
This ANPRM is based on the authority of the Motor Carrier Act of
1935 and the Motor Carrier Safety Act of 1984 (1984 Act). The Motor
Carrier Act of 1935 provides that ``The Secretary of Transportation may
prescribe requirements for (1) qualifications and maximum hours of
service of employees of, and safety of operation and equipment of, a
motor carrier; and, (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation.'' (49 U.S.C. 31502(b)).
The HOS regulations discussed below concern the ``maximum hours of
service of employees of . . . a motor carrier'' (49 U.S.C. 31502(b)(1))
and the ``maximum hours of service of employees of . . . a motor
private carrier[.]'' (49 U.S.C. 31502(b)(2)). The adoption and
enforcement of such rules were specifically authorized by the Motor
Carrier Act of 1935. This ANPRM rests in part on that authority.
The 1984 Act provides concurrent authority to regulate drivers,
motor carriers, and vehicle equipment. It requires the Secretary of
Transportation to ``prescribe regulations on commercial motor vehicle
safety. The regulations shall prescribe minimum safety standards for
commercial motor vehicles.'' Although this authority is very broad, the
1984 Act also includes specific requirements: ``At a minimum, the
regulations shall ensure that (1) commercial motor vehicles are
maintained, equipped, loaded, and operated safely; (2) the
responsibilities imposed on operators of commercial motor vehicles do
not impair their ability to operate the vehicles safely; (3) the
physical condition of operators of commercial motor vehicles is
adequate to enable them to operate the vehicles safely . . .; and (4)
the operation of commercial motor vehicles does not have a deleterious
effect on the physical condition of the operators[.]'' (49 U.S.C.
31136(a)).
This ANPRM is also based on the authority of the 1984 Act,
specifically section 31136(a)(2) and, less directly, sections
31136(a)(3) and (4). To the extent section 31136(a)(1) focuses on the
mechanical condition of CMVs, that subject is not included in this
rulemaking. However, as the phrase ``operated safely'' in paragraph
(a)(1) also addresses safe driving practices, this proposed rule also
addresses that mandate.
Before prescribing any regulations, FMCSA must also consider their
``costs and benefits'' (49 U.S.C. 31136(c)(2)(A) and 31502(d)). The
Agency seeks information on those factors in this ANPRM.
IV. Background
Executive Order (E.O.) 13771, Reducing Regulation and Controlling
Regulatory Costs, issued on January 30, 2017, directs executive
agencies of the Federal government to ``manage the costs associated
with the governmental imposition of private expenditures required to
comply with Federal regulations.'' (82 FR 9339). E.O. 13777, Enforcing
the Regulatory Reform Agenda, issued on February 24, 2017, sets forth
regulatory reform initiatives and policies to ``alleviate unnecessary
regulatory burdens placed on the American people.'' [82 FR 12285]. In
accordance with those Presidential directives and based upon its
experience and expertise, FMCSA reviewed the driver HOS regulations
and, as explained below, seeks information in the following four areas
to determine if revisions may alleviate unnecessary regulatory burdens
while maintaining CMV driver and motor carrier safety, as well as the
safety of the public. On May 17, 2018 Administrator Martinez received a
letter signed by 30 Senators expressing support for greater flexibility
within hours of service regulations. In addition, numerous pieces of
legislation were proposed or introduced in both chambers of Congress to
address reforming current regulations.
Briefly, the HOS rules limit CMV drivers to 11 hours of driving
time within a 14-hour window after coming on duty following 10
consecutive hours off duty (except that drivers who use sleeper berths
may combine 2 hours of off-duty time with 8 consecutive hours in the
sleeper berth). Drivers must take at least 30 minutes off duty no later
than 8 hours after coming on duty if they wish to continue driving
after the 8th hour. Drivers must record their on- and off-duty time in
records of duty status (RODS)--previously captured in paper ``logs''
but today (with some exceptions) through electronic logging devices
(ELDs). Drivers may not drive after having accumulated 60 hours of on-
duty time in 7 consecutive days, or 70 hours in 8 days, but they may
restart the 60/70-hour ``clock'' by taking 34 consecutive hours off
duty.
A. Short-Haul Operations
Under 49 CFR 395.1(e)(1)(ii)(A), drivers do not have to prepare
RODS or use an ELD if they meet certain conditions, including a return
to their work reporting location and release from work within 12
consecutive hours. Drivers operating under this provision therefore
have a 12-hour window in which to drive up to 11 total hours. Other
truck (though not bus) drivers have a 14-hour window in which to drive
up to 11 total hours. [49 CFR 395.3(a)(2)-(3)].
B. Adverse Driving Conditions
The current rule in Sec. 395.1(b)(1) allows 2 additional hours of
driving time under adverse conditions, which are defined in Sec. 395.2
as ``snow, sleet, fog, other adverse weather conditions, a highway
covered with snow or ice, or unusual road and traffic conditions, none
of which were apparent on the basis of information known to the person
dispatching the run at the time it was begun.'' Although the rule
allows up to 13 hours of driving time under adverse conditions, instead
of the normal 11 hours, it does not provide a corresponding extension
of the 14-hour driving window to 16 hours.
C. 30-Minute Break
Under 49 CFR 395.3(a)(3)(ii), except for drivers who qualify for
either of the short-haul exceptions in Sec. 395.1(e)(1) or (2),
driving is not permitted if more than 8 hours have passed since the end
of the driver's last off-duty or sleeper-berth period of at least 30
minutes. (The 30-minute break rule does not apply to drivers who
operate CMVs within a 100 air-mile radius of their normal work-
reporting location and return to that location within 12 hours, as
authorized by Sec. 395.1(e)(1), or to drivers who do not need a
Commercial Driver's License (CDL), operate within a 150 air-mile radius
of their work reporting location, and meet certain other requirements,
as authorized by Sec. 395.1(e)(2)).
D. Split Sleeper Berth Time
There are special HOS rules for CMV drivers who operate vehicles
equipped with a sleeper-berth. In essence, these rules allow a sleeper-
berth user to divide the minimum 10 hours off-duty into an equivalent
two separate periods. Drivers who use sleeper berths, as defined in
Sec. 393.76, must take at least 8 consecutive hours of the 10-hour
off-duty period in the sleeper berth as required by Sec.
395.1(g)(1)(ii)(A)(1). In
[[Page 42634]]
addition to the 8- through 10-hour sleeper-berth period, in order to
acquire additional driving time the driver using the sleeper berth
exception must, either earlier or later in the duty period, have a
separate period of at least 2 hours off-duty, which may be in the
sleeper berth if desired. It does not matter which rest period is taken
first. After the second required rest period is completed, the driver
will have a new point on the clock from which to calculate hours
available.
The Agency also announced a proposal on ``Pilot Program To Allow
Commercial Drivers To Split Sleeper Berth Time'' on June 6, 2017 (82 FR
26232). This program, planned for Fall 2018, would monitor a limited
number of commercial drivers with CDLs 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 into two periods, each of which must
be at least 2 hours long. Driver metrics would be collected for the
duration of the study, and participants' safety performance and fatigue
levels will be analyzed. Additional information on the pilot program,
including the timeline, can be found at: https://www.fmcsa.dot.gov/research-and-analysis/research/flexible-sleeper-berth-pilot-program.
E. OOIDA Petition for Rulemaking
On February 13, 2018, OOIDA petitioned FMCSA to amend the HOS rules
to allow drivers to take a rest break once per 14-hour duty period for
up to 3 consecutive hours if the driver is off-duty. OOIDA explained
that the rest break would effectively stop the 14-hour clock. It would
also extend to the 17th hour after coming on duty (instead of the
current 14th hour) the latest time a driver could drive after coming on
duty. However, drivers would still be limited to 11 hours of driving
time and required to have at least 10 consecutive hours off duty before
the start of the next work shift.
OOIDA's petition also included a request that the Agency eliminate
the 30-minute rest break requirement. The organization explained that
there are many operational situations where the 30-minute rest break
requires drivers to stop when they do not feel tired.
A copy of OOIDA's petition is included in the docket referenced at
the beginning of this ANPRM.
F. TruckerNation.org (TruckerNation) Petition for Rulemaking
On May 10, 2018, TruckerNation petitioned the Agency to revise the
prohibition against driving after the 14th hour after the beginning of
the work shift. As an alternative, the organization requested that the
Agency prohibit driving after the driver has accumulated 14-hours of
on-duty time.
In addition, TruckerNation requested that FMCSA allow drivers to
use multiple off-duty periods of three hours or longer in lieu of
having 10 consecutive hours off-duty, and eliminate the 30-minute rest
break requirement.
TruckerNation believes the requested changes to the HOS
requirements would achieve a level of safety that is equivalent to, or
greater than, the level of safety that is provided by the current
regulations.
A copy of TruckerNation's petition is included in the docket
referenced at the beginning of this ANPRM.
V. Comments Sought
The Agency specifically seeks comments and data from the public in
response to this ANPRM. We request that commenters address their
comments specifically to the enumerated list of issues below, and
number their comments to correspond to each issue. FMCSA anticipates
that some of the information and data sought may include confidential
business information. These comments should be filed in accordance with
the requirements of 49 CFR 389.9 Treatment of confidential business
information and the instructions under the subheading Confidential
Business Information, under the headings ADDRESSES and Public
Participation and Request for Comments.
1. Short-haul operations.
a. Do you have any data to show that extending the 12-hour period
for the short-haul exception to the RODS/ELD requirements to 14 hours
would change the safety performance of carriers using the short-haul
provision?
b. How specifically would a 14-hour period change your driver or
carrier operations as compared to 12 hours?
c. What would the incremental change be for your operations/
business if the exemption was changed to 14 hours? For example, would
your operations expand or would your drivers/carriers move from non-
exempt status to exempt status. What would be the economic impacts of
that incremental change?
2. Adverse driving conditions.
a. Is there adequate flexibility in the existing adverse driving
conditions exception?
b. How often do you currently utilize the adverse driving
conditions exception?
c. What are the economic impact of the current exception on your
driver or carrier operation?
d. Should the definition of adverse driving conditions be changed?
e. Should the adverse driving exception apply to the 14-hour work
day window, not just the 11-hour driving limit?
f. How would the above changes affect the economic costs and
benefits, and the impacts on safety and fatigue of the adverse driving
conditions exception?
3. 30-minute break.
a. If the 30-minute rest break rule did not exist, would drivers
obtain adequate rest breaks throughout a daily driving period to
relieve fatigue?
b. Are there alternatives to the 30-minute rest break that would
provide additional flexibility to drivers while achieving the safety
benefits goal of the current 30-minute break?
c. If a rest break is retained, should it be taken off-duty or on-
duty while the driver is not driving?
d. How does the 30-minute rest break impact the efficiency of
operations from a driver's or a carrier's perspective?
e. How would your suggestions impact the costs and benefits of the
30-minute break?
4. Split-sleeper berth.
a. FMCSA has announced a proposed flexible sleeper berth pilot
program. Beyond the information that will be collected in the pilot
program, do you have any information that would support changing the
current requirements?
b. Are there alternatives that would make the sleeper berth options
more effective or less costly?
c. How often do you use the sleeper berth option currently; how
would this change with your suggested regulatory alternatives?
d. What cost impacts and safety benefits would result from
different split sleeper berth options?
5. OOIDA Petition.
a. What specifically would change about your driver/carrier
operations by extending the 14-hour driving window?
b. Is there a likely increase in safety risk from extending the 14-
hour driving window? For example, would altering the current rule
allowing 14 hours on duty and 10 hours off duty interfere with drivers'
circadian rhythm? Could driver health be affected?
c. Would a potential increase in safety risk be lessened by the
requirement that all the additional time beyond 14 hours must be off-
duty time?
d. Would allowing OOIDA's request for an extended break during the
work day improve safety by allowing drivers to increase the total
amount of off-duty
[[Page 42635]]
time during and immediately following the work from 10 hours and 30
minutes to 13 hours, without reducing the maximum driving time
available within 14-hour window?
e. Are there other flexibilities or other non-safety benefits that
could be realized if the 14-hour window is extended?
6. TruckerNation Petition.
a. Is there a likely increase in safety risk from eliminating the
consecutive 14-hour driving window? For example, would the absence of a
limit on the length of the work shift--the time between the driver
coming on duty after accumulating the minimum of 10 hours off-duty and
the driver being prohibited from driving--combined with splitting the
required 10 consecutive hours off-duty into a number of segments,
interfere with drivers' circadian rhythm? Could driver health be
affected? Please provide data on the costs and benefits of this
approach.
b. Are there other flexibilities or other non-safety benefits that
could be realized if the 14-hour window is eliminated?
Issued under authority delegated in 49 CFR 1.87 on: August 21,
2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-18379 Filed 8-21-18; 4:15 pm]
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