Hours of Service

Cathy F. Gautreaux
Federal Motor Carrier Safety Administration
27 September 2018

[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48787-48788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21087]


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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

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of public listening sessions.

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SUMMARY: The FMCSA announces two additional public listening sessions 
on potential changes to its hours-of-service (HOS) rules for truck 
drivers. On August 23, 2018, FMCSA published an Advance Notice of 
Proposed Rulemaking (ANPRM) seeking public comment on four specific 
aspects of the HOS rules for 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 requested public comment on petitions 
for rulemaking from the Owner-Operator Independent Drivers Association 
(OOIDA) and TruckerNation.org (TruckerNation). The Agency encourages 
vendors of electronic logging devices (ELDs) to participate to address 
potential implementation issues should changes to the HOS rules be 
made. The listening sessions will be held in Orlando, FL, and in 
Joplin, MO, and will be webcast for the benefit of those not able to 
attend in person. The listening sessions will allow interested persons 
to present comments, views, and relevant research on topics mentioned 
above. All comments will be transcribed and placed in the rulemaking 
docket for the FMCSA's consideration.

DATES: The listening sessions will be September 28, 2018, in Joplin, 
MO, from 3:30-5 p.m., CDT, and on October 2, 2018, in Orlando, FL, from 
9:30-11:30 a.m., EDT. The sessions will end earlier if all participants 
wishing to express their views have done so.

ADDRESSES: The September 28, 2018, session will be held at 4 State 
Trucks, 4579 MO-43, Joplin, MO 64804. The October 2, 2018, session will 
be held at MetroPlan Orlando, 250 S Orange Ave., Suite 200, Orlando, FL 
32801.
    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: For special accommodations for the HOS 
listening sessions, such as sign language interpretation, contact Ms. 
Shannon L. Watson, Senior Advisor to the Associate Administrator for 
Policy, Federal Motor Carrier Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at 
(202) 385-2395 or shannon.watson@dot.gov, two weeks in advance of each 
session to allow us to arrange for such services. For information on 
the listening sessions,

[[Page 48788]]

please contact Ms. Watson. For information concerning the HOS rules, 
contact Mr. Tom Yager, Chief, Driver and Carrier Operations Division, 
(202) 366-4325, mcpsd@dot.gov.

SUPPLEMENTARY INFORMATION:

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 for the ANPRM. Late comments will be considered to the 
extent practicable.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the 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 the ANPRM and associated listening sessions, 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 for 
the ANPRM and associated listening sessions. Submissions containing CBI 
should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation 
Division, 1200 New Jersey Avenue SE, Washington, DC 20590, or via email 
at brian.dahlin@dot.gov. 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 for the ANPRM.

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-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On August 23, 2018 (83 FR 42631), FMCSA published an ANPRM 
concerning potential changes to its hours-of-service rules. The ANPRM 
indicated the Agency is considering changes in four areas of the HOS 
rules: the short-haul HOS limit [49 CFR 395.1(e)(1)(ii)(A)]; the HOS 
exception for adverse driving conditions [Sec.  395.1(b)(1)]; the 30-
minute rest break provision [Sec.  395.3(a)(3)(ii)]; and the sleeper 
berth rule to allow drivers to split their required time in the sleeper 
berth [Sec.  395.1(g)(1)(i)(A) and (ii)(A)]. In addition, the Agency 
requested public comment on petitions for rulemaking from the Owner-
Operator Independent Drivers Association (OOIDA) and TruckerNation.org 
(TruckerNation). The ANPRM provides an opportunity for additional 
discussion of each of these topics. The listening sessions will provide 
interested persons an opportunity to share their views on these topics 
with representatives of the Agency. The Agency encourages ELD vendors 
to participate to address potential implementation issues should 
changes to the HOS rules be made.

III. Meeting Participation

    The listening sessions are open to the public. Speakers' remarks 
will be limited to 2 minutes each. The public may submit material to 
the FMCSA staff at each session for inclusion in the public docket, 
FMCSA-2018-0248. The sessions will be webcast live in their entirety, 
providing the opportunity for remote participation via the internet. 
For information on participating in the live webcasts, please go to 
www.fmcsa.dot.gov.

IV. Questions for Discussion During the Listening Sessions

    In preparing their comments, meeting participants should consider 
the questions posed in the ANPRM about the current HOS requirements. 
Answers to these questions should be based upon the experience of the 
participants and any data or information they can share with FMCSA.

    Issued on: September 24, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-21087 Filed 9-26-18; 8:45 am]
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