Hours of Service of Drivers

Raymond P. Martinez
Federal Motor Carrier Safety Administration
20 August 2019

[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43097-43098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17837]


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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: Notice of public listening sessions.

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SUMMARY: The FMCSA announces that it will hold two public listening 
sessions concerning potential changes to its hours-of-service rules for 
truck drivers. On August 19, 2019, FMCSA published a Notice of Proposed 
Rulemaking (NPRM) seeking comment on proposed changes to its hours-of-
service (HOS) requirements to provide greater flexibility for drivers 
who are subject to the HOS rules without adversely affecting safety. 
The listening sessions will be held in Dallas, TX, and Washington, DC. 
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. The sessions will be webcast to allow 
interested parties to participate remotely.

DATES: The first listening session will be held on August 23, 2019, in 
Dallas, TX, at the Kay Bailey Hutchison Convention Center, 650 S 
Griffin St., Dallas, TX 75202. A subsequent listening session will be 
held in September 2019, at the U.S. Department of Transportation, Media 
Center in Washington, DC. FMCSA will publish a separate notice 
announcing the headquarters session in the Federal Register. All 
listening sessions will begin at 10:00 a.m. local time and end at 12:00 
noon or earlier, if all participants wishing to express their views 
have done so.

DATES: The August 23, 2019, session will be held at the Kay Bailey 
Hutchison Convention Center, 650 S Griffin St. Dallas, TX 75202. The 
September 2019, session will be held at the U.S. Department of 
Transportation, Media Center (date TBD), 1200 New Jersey Avenue SE, 
Washington, DC 20590.
    You may submit comments identified by Docket Number FMCSA-2018-248 
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 Analysis 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 any of 
these HOS listening sessions, such as sign language interpretation, 
contact Shannon L. Watson, Senior Policy Advisor, (202) 385-2395 or at 
FMCSAregs@dot.gov to allow us to arrange for such services. For 
information concerning the hours-of-service rules, contact Ms. La Tonya 
Mimms, 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 
NPRM (Docket No. FMCSA-2018-0248), indicate the specific section of 
this document to which each section

[[Page 43098]]

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 both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your submission contains 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to the listening session, it is important that you clearly 
designate the submitted comments as CBI. Please mark any page of your 
submission that constitutes CBI as ``PROPIN'' to indicate it contains 
proprietary information. FMCSA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM and associated listening sessions. Submissions 
containing CBI should be sent to Brian Dahlin, Chief, Regulatory 
Analysis 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 for the NPRM.

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 14, 2019, FMCSA issued an NPRM concerning amendments to 
its hours-of-service (HOS) requirements to provide greater flexibility 
for drivers who are subject to the HOS rules without adversely 
affecting safety. First, the Agency proposed to change the short-haul 
exception to the record of duty status (RODS) requirement available to 
certain commercial motor vehicle (CMV) drivers by lengthening the 
drivers' maximum on-duty period from 12 to 14 hours and extending the 
distance limit within which the driver may operate from 100 air miles 
(115.08 statute miles) to 150 air miles (172.6 statute miles). Second, 
the Agency proposed to modify the adverse driving conditions exception 
by extending by 2 hours the maximum window during which driving is 
permitted. Third, the Agency proposed to increase flexibility for the 
30-minute break rule by requiring a break after 8 hours of driving time 
(instead of on-duty time), and allowing the requirement to be satisfied 
by an on-duty break from driving, rather than requiring an off-duty 
break. Fourth, the Agency proposed to modify the sleeper-berth 
exception to allow drivers to split their required 10-hours off duty 
into two periods: One period of at least 7 consecutive hours in the 
sleeper berth and the other period of not less than 2 consecutive 
hours, either off duty or in the sleeper berth. Neither period would 
count against the driver's 14-hour driving window. Fifth, the Agency 
proposed to allow one off-duty break of at least 30 minutes, but not 
more than 3 hours, that would pause a truck driver's 14-hour driving 
window, provided the driver takes 10 consecutive hours off-duty at the 
end of the work shift. The NPRM also posed questions about other HOS-
related topics the Agency is considering as part of this rulemaking.
    The listening sessions will provide interested persons the 
opportunity to share their views on these topics with representatives 
of the Agency.

III. Meeting Participation

    The listening sessions are 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, 
FMCSA-2018-0248.

    Issued on: August 14, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-17837 Filed 8-15-19; 11:15 am]
BILLING CODE 4910-EX-P