82_FR_50131 82 FR 49924 - Agency Information Collection Activities; Approval of a New Information Collection Request: Flexible Sleeper Berth Pilot Program

82 FR 49924 - Agency Information Collection Activities; Approval of a New Information Collection Request: Flexible Sleeper Berth Pilot Program

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range49924-49926
FR Document2017-23350

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow for 30 days of public comment. 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 and fatigue levels would be analyzed. This pilot program seeks to produce statistically reliable evidence on the question as to whether split sleeper berth time affects driver safety performance and fatigue levels.

Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49924-49926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23350]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0394]


Agency Information Collection Activities; Approval of a New 
Information Collection Request: Flexible Sleeper Berth Pilot Program

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

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for review 
and approval. The purpose of this notice is to allow for 30 days of 
public comment.
    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 and 
fatigue levels would be analyzed. This pilot program seeks to produce 
statistically reliable evidence on the question as to whether split 
sleeper berth time affects driver safety performance and fatigue 
levels.

DATES: Please send your comments by November 27, 2017. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2016-0394. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the Desk Officer, Department of

[[Page 49925]]

Transportation/Federal Motor Carrier Safety Administration, and sent 
via electronic mail to [email protected], or faxed to (202) 
395-6974, or mailed to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Docket Library, Room 10102, 
725 17th Street NW., Washington, DC 20503.

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 [email protected], or 
by telephone at (202) 366-4354. Office hours are from 9 a.m. to 5 p.m., 
Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: Title: Flexible Sleeper Berth Pilot Program.
    OMB Control Number: 2126-00XX.
    Type of Request: New information collection.
    Respondents: Large, medium, and small motor carriers; independent 
owner-operators; and commercial motor vehicle (CMV) drivers who 
regularly use a sleeper berth.
    Estimated Number of Respondents: 10 motor carrier responses; 1,000 
CMV driver applications, with 240 drivers being accepted for 
participation in the pilot program.
    Estimated Time per Response: Motor carriers: 1 hour (one-time 
response). Drivers: Online application--15 minutes (one-time response); 
background questionnaire and tax form--30 minutes (one-time response); 
daily field study data collection--30 minutes (daily, for a maximum of 
90 days); weekly phone briefings--10 minutes (once weekly, for a 
maximum of 13 weeks); debriefing questionnaire--15 minutes (one-time 
response).
    Expiration Date: N/A. This is a new information collection.
    Frequency of Response: Motor carriers: One-time response. Drivers: 
One-time application; during the study, data collection occurs 3 to 4 
times per day for a maximum of 90 days (see ``Estimated Time per 
Response'' for more details).
    Estimated Total Annual Burden: 4,423 hours (7 hours for carrier 
tasks and 4,416 hours for driver tasks). The total annual number of 
carrier responses is seven. Reviewing the study materials and granting 
permission for drivers to participate is estimated to take 1 hour per 
carrier. Participating driver burden is associated with completing the 
online application, background questionnaire, daily data collection 
during the field study period, weekly phone briefings, and debriefing 
questionnaire. The online application is estimated to take 15 minutes, 
the background questionnaire and tax form (completed together) is 
estimated to take 30 minutes, and the debriefing questionnaire is 
estimated to take 15 minutes. Daily data collection during the field 
study is estimated to take 30 minutes per day, for up to 90 days. 
Weekly phone briefings are estimated to take 10 minutes per week. It is 
estimated that 40 drivers will participate for 14 days, 75 drivers will 
participate for 30 days, 75 drivers will participate for 60 days, and 
50 drivers will participate for the maximum 90 days.

Background

I. Project Summary

    As described in 49 CFR 395.1(g)(1), a driver who operates a 
property-carrying CMV equipped with a sleeper berth \1\ and who 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.
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    \1\ 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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    During listening sessions for the hours-of-service (HOS) 
rulemaking, the Agency heard from many drivers that they would like 
some regulatory flexibility to be able to sleep when they get tired or 
as a countermeasure to traffic congestion (i.e., an exemption from the 
requirement for consolidated sleeper berth time). FMCSA has reviewed 
the literature and conducted its own laboratory studies on the subject. 
The majority of sleep studies to date demonstrate that well-timed split 
sleep has either a positive or no effect on subsequent neurobehavioral 
performance. To determine whether split sleeper berth time affects 
driver safety performance and fatigue levels, FMCSA is introducing a 
pilot program to allow temporary regulatory relief from 49 CFR 
395.1(g)(1) (the sleeper berth provision) for a limited number of 
commercial drivers who have valid commercial driver's licenses (CDLs) 
and who regularly use sleeper berths.
    The Flexible Sleeper Berth Pilot Program requires that 
participating drivers be provided relief from Part 395 concerning 
consolidated sleeper berth time requirements. Participating drivers 
will be asked if they have completed the Driver Education Module of the 
North American Fatigue Management Program (NAFMP) prior to study 
enrollment. If drivers have not completed the program, they will be 
given information on the program and encouraged, but not required, to 
complete these modules prior to participation in the study. During the 
pilot program, participating drivers will have the option to split 
their sleeper berth time, within parameters specified by FMCSA (i.e., 
participants will have exemption from the requirement for consolidated 
sleeper berth time). Driver metrics will be collected for the duration 
of the study, as discussed in Section III of this notice. Upon 
completion of the program, participants' safety performance and fatigue 
levels will be analyzed, according to provision use, using a ``within-
subject and between-subject'' study design. In this analysis, drivers 
will be compared among themselves and against other participating 
drivers. This pilot program seeks to produce statistically reliable 
evidence of the relationship between the degree of HOS flexibility and 
safety outcomes.

II. 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. Participating drivers will drive an instrumented vehicle for 
up to 3 consecutive months. At a minimum, FMCSA will gather the 
following data during the study:
     Electronic logging device (ELD) data, to evaluate duty 
hours and timing, driving hours and timing, rest breaks, off-duty time, 
and restart breaks.
     Onboard monitoring system (OBMS) data, to evaluate driving 
behaviors, safety-critical events (or SCEs, which include crashes, 
near-crashes, and other safety-related events), reaction time, fatigue, 
lane deviations, and traffic density, road curvature, and speed 
variability.
     Roadside violation data (from carriers and drivers), 
including vehicle, duty status, hazardous materials, and cargo-related 
violations (contingent upon inspections).
     Wrist actigraphy data,\2\ to evaluate total sleep time, 
time of day sleep was taken, sleep latency, and intermittent 
wakefulness.
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

     Psychomotor Vigilance Test (PVT) \3\ data, to evaluate 
drivers' behavioral alertness based on reaction times.
---------------------------------------------------------------------------

    \3\ 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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[[Page 49926]]

     Subjective sleepiness ratings, using the Karolinska 
Sleepiness Scale (KSS),\4\ to measure drivers' perceptions of their 
fatigue levels.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

     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, such as vehicle miles 
traveled (VMT), 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.

III. Paperwork Reduction Act

    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 OMB as a formal ICR; the Agency cannot 
conduct the information collection until OMB approves the ICR.

IV. Summary of Public Comments Received

    On June 27, 2017, FMCSA published a notice in the Federal Register 
(82 FR 29145) with a 60-day public comment period to announce this 
proposed information collection. As of the closing date of August 28, 
2017, the agency received five comments in response to this notice.
    One comment questioned the need for a pilot program given that the 
proposal is similar to the HOS rules prior to 2003. This commenter 
expressed an opinion that the HOS rules should just be reverted to the 
prior to 2003 HOS rules. While FMCSA understands the commenter's 
frustration with the process, our commitment to public safety requires 
us to conduct a pilot program to collect scientific data and achieve 
statistically significant findings before considering any revision to 
our current regulations.
    Another commenter expressed a similar opinion regarding the HOS 
rules, which he felt should never have been changed in 2003. He felt 
that the HOS needed to be changed and re-evaluated for every different 
division of CMVs, but did express support of flexibility in sleeper 
berth times. FMCSA appreciates this commenter taking the time to 
provide feedback on the HOS rules, but felt that this comment went 
beyond the scope of this pilot program; however, the Agency appreciates 
his support of allowing a flexible sleeper berth pilot program to move 
forward.
    The remaining three commenters were supportive of the proposed 
Pilot Program and proposed information collection, and expressed an 
opinion that this would make the roads safer and allow drivers to 
manage their duty hours more efficiently and use common sense to not 
drive when tired. FMCSA appreciates this support for the program, and 
has not made any changes or revisions to the design of the study based 
on these comments.
    Additionally, a Federal Register notice announcing the Pilot 
Program was published on June 6, 2017, to allow for 60-days of public 
comment regarding the proposed program. The comment period closed on 
August 7, 2017, and has received 232 unique (233 total, one duplicate) 
public comments to date. The vast majority (over 175) of these comments 
were positive in nature. Several commenters expressed a desire to 
participate in the study, and several wanted the study expanded to 
incorporate other exemptions. While FMCSA understands the desire from 
drivers to re-open the HOS rules, specifically the 14-hour rule, the 
Pilot Program is designed to look at only Flexible Sleeper Berth times 
in order to achieve statistically significant results without the 
potential for introducing confounding variables into the study.
    Approximately 40 commenters responded in a negative manner to the 
14-hour rule, or having too many regulations in place, but were not 
specific to the Flexible Sleeper Berth Program. The majority of 
commenters who responded agreed that the NAFMP should be recommended, 
not mandatory. One commenter felt the NAFMP should be mandatory; 
however, FMCSA felt that the majority of commenters agreeing with the 
current study design showed that we should move forward without 
changing the design. One commenter felt that the cameras in the vehicle 
were too burdensome, however, several others expressed that the data 
collection was reasonable for the scope of the study.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the FMCSA to perform its functions; (2) the 
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on October 
20, 2017.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2017-23350 Filed 10-26-17; 8:45 am]
BILLING CODE 4910-EX-P



                                                    49924                         Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

                                                    including any safety analyses that have                 by complying with the ELD rule. A copy                  Issued on: October 16, 2017.
                                                    been conducted. The Agency must also                    of the PLCA application for exemption                 Daphne Y. Jefferson,
                                                    provide an opportunity for public                       is available in the docket for this notice.           Deputy Administrator.
                                                    comment on the request.                                                                                       [FR Doc. 2017–23348 Filed 10–26–17; 8:45 am]
                                                      FMCSA reviews safety analyses and                     Public Comments
                                                                                                                                                                  BILLING CODE 4910–EX–P
                                                    public comments submitted, and
                                                                                                               On July 10, 2017, FMCSA published
                                                    determines whether granting the
                                                                                                            notice of PLCA’s application for
                                                    exemption would likely achieve a level                                                                        DEPARTMENT OF TRANSPORTATION
                                                    of safety equivalent to, or greater than,               exemption and requested public
                                                    the level that would be achieved by the                 comment (82 FR 31796). The Agency
                                                                                                                                                                  Federal Motor Carrier Safety
                                                    current regulation (49 CFR 381.305).                    received 156 comments to the docket.
                                                                                                                                                                  Administration
                                                    The decision of the Agency must be                      The predominance of the commenters—
                                                    published in the Federal Register (49                   over 96%—supported the granting of                    [Docket No. FMCSA–2016–0394]
                                                    CFR 381.315(b)) with the reason for the                 the PLCA request; most of these were
                                                                                                            ‘‘form letter’’ comments. Primary groups              Agency Information Collection
                                                    grant or denial, and, if granted, the
                                                                                                            filing in support included the Power                  Activities; Approval of a New
                                                    specific person or class of persons
                                                                                                            and Communication Contractors                         Information Collection Request:
                                                    receiving the exemption, and the
                                                                                                            Associations (PCCA), American Pipeline                Flexible Sleeper Berth Pilot Program
                                                    regulatory provision or provisions from
                                                    which exemption is granted. The notice                  Contractors Association, U.S. Pipeline,               AGENCY: Federal Motor Carrier Safety
                                                    must also specify the effective period of               Inc., and the American Road and                       Administration (FMCSA), DOT.
                                                    the exemption (up to 5 years), and                      Transport Builders Association                        ACTION: Notice and request for
                                                    explain the terms and conditions of the                 (ARTBA). The two primary groups filing                comments.
                                                    exemption. The exemption may be                         in opposition were the Advocates for
                                                    renewed (49 CFR 381.300(b)).                            Highway and Auto Safety (Advocates)                   SUMMARY:    In accordance with the
                                                    Request for Exemption                                   and the Owner-Operator Independent                    Paperwork Reduction Act of 1995,
                                                                                                            Driver’s Association (OOIDA).                         FMCSA announces its plan to submit
                                                       The PLCA is an industry trade                                                                              the Information Collection Request (ICR)
                                                    association that negotiates labor                          The Advocates expressed concern that
                                                                                                                                                                  described below to the Office of
                                                    agreements, encourages safe practices in                the success of the ELD mandate lies in
                                                                                                                                                                  Management and Budget (OMB) for
                                                    pipeline construction, and seeks the                    its applicability to all CMVs operated by
                                                                                                                                                                  review and approval. The purpose of
                                                    resolution of problems common to those                  drivers subject to the HOS and RODS.
                                                                                                                                                                  this notice is to allow for 30 days of
                                                    in the pipeline construction industry.                  Despite this, the FMCSA has made great
                                                                                                                                                                  public comment.
                                                    PLCA has been in existence since 1948                   efforts to accommodate various aspects                   FMCSA proposes a pilot program to
                                                    and currently has 77 members who                        of the industry while maintaining                     allow temporary regulatory relief from
                                                    collectively employ approximately                       safety. In the present case, despite                  the Agency’s sleeper berth regulation for
                                                    30,000 to 40,000 workers depending                      having an existing exemption in the                   a limited number of commercial drivers
                                                    upon the level of pipeline work in any                  regulation, PLCA claims that to even                  who have a valid commercial driver’s
                                                    year. The drivers who would be covered                  comply with the exemption is onerous.                 license (CDL), and who regularly use a
                                                    under the exemption operate flatbed                     The Agency has established a limit on                 sleeper berth to accumulate their
                                                    trucks that haul heavy equipment,                       the extent of the exemption which must                required 10 hours of non-duty work
                                                    dump trucks, skid trucks, water trucks,                 be enforced, lest the final rule is                   status. During the pilot program,
                                                    pilot cars and buses that transport                     rendered meaningless.                                 participating drivers would have the
                                                    workers from the assembly point to the
                                                                                                               Advocates further added that PLCA                  option to split their sleeper berth time
                                                    pipeline right-of-way. These drivers
                                                                                                            had provided no proof that the                        within parameters specified by FMCSA.
                                                    possess CDLs and almost always operate
                                                                                                            requested exemption would ensure                      Driver metrics would be collected for
                                                    within 100 miles of their assembly
                                                                                                            safety or address the Agency’s concerns               the duration of the study, and
                                                    point, and meet the other requirements
                                                                                                            regarding noncompliance with the HOS                  participants’ safety performance and
                                                    of the short haul exception in 49 CFR
                                                                                                            regulations when using paper RODS.                    fatigue levels would be analyzed. This
                                                    395.1(e)(1). However, the drivers may
                                                                                                                                                                  pilot program seeks to produce
                                                    not return within the 12 hours required                    All comments are available for review
                                                                                                                                                                  statistically reliable evidence on the
                                                    for use of the short-haul exception.                    in the docket for this notice.
                                                       According to PLCA, exempting                                                                               question as to whether split sleeper
                                                    pipeline contractors from the ELD                       FMCSA Decision                                        berth time affects driver safety
                                                    requirement would have no impact on                                                                           performance and fatigue levels.
                                                                                                              When FMCSA published the rule                       DATES: Please send your comments by
                                                    safety for several reasons. First, drivers              mandating ELDs it relied upon research
                                                    would continue to maintain written                                                                            November 27, 2017. OMB must receive
                                                                                                            indicating that the rule improves CMV                 your comments by this date in order to
                                                    RODS on any day that they exceed the
                                                                                                            safety by improving compliance with                   act quickly on the ICR.
                                                    requirements of the short-haul
                                                                                                            the HOS rules. The rule also reduces the
                                                    exemption. Second, pipeline contractor                                                                        ADDRESSES: All comments should
                                                                                                            overall paperwork burden for both
                                                    drivers typically spend very little time                                                                      reference Federal Docket Management
                                                                                                            motor carriers and drivers. The primary
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    operating on public roads. Third,                                                                             System (FDMS) Docket Number
                                                                                                            reason for denying this exemption is
                                                    pipeline contractors are required to                                                                          FMCSA–2016–0394. Interested persons
                                                    maintain time records for their drivers.                that PLCA did not demonstrate how,                    are invited to submit written comments
                                                    Finally, pipeline contractors and drivers               without using ELDs, they would                        on the proposed information collection
                                                    otherwise must comply with all the                      maintain a level of safety equivalent to,             to the Office of Information and
                                                    HOS regulations. PLCA stated that                       or greater than, the level achieved                   Regulatory Affairs, Office of
                                                    granting this exemption would result in                 without the exemption.                                Management and Budget. Comments
                                                    a level of safety that is equal to or                     For these reasons, FMCSA denies the                 should be addressed to the attention of
                                                    greater than the level of safety achieved               applicant’s request for exemption.                    the Desk Officer, Department of


                                               VerDate Sep<11>2014   17:54 Oct 26, 2017   Jkt 244001   PO 00000   Frm 00144   Fmt 4703   Sfmt 4703   E:\FR\FM\27OCN1.SGM   27OCN1


                                                                                  Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices                                                   49925

                                                    Transportation/Federal Motor Carrier                    online application is estimated to take               they will be given information on the
                                                    Safety Administration, and sent via                     15 minutes, the background                            program and encouraged, but not
                                                    electronic mail to oira_submission@                     questionnaire and tax form (completed                 required, to complete these modules
                                                    omb.eop.gov, or faxed to (202) 395–                     together) is estimated to take 30                     prior to participation in the study.
                                                    6974, or mailed to the Office of                        minutes, and the debriefing                           During the pilot program, participating
                                                    Information and Regulatory Affairs,                     questionnaire is estimated to take 15                 drivers will have the option to split
                                                    Office of Management and Budget,                        minutes. Daily data collection during                 their sleeper berth time, within
                                                    Docket Library, Room 10102, 725 17th                    the field study is estimated to take 30               parameters specified by FMCSA (i.e.,
                                                    Street NW., Washington, DC 20503.                       minutes per day, for up to 90 days.                   participants will have exemption from
                                                    FOR FURTHER INFORMATION CONTACT:                        Weekly phone briefings are estimated to               the requirement for consolidated sleeper
                                                    Nicole Michel, Research Division,                       take 10 minutes per week. It is                       berth time). Driver metrics will be
                                                    Federal Motor Carrier Safety                            estimated that 40 drivers will                        collected for the duration of the study,
                                                    Administration, 1200 New Jersey                         participate for 14 days, 75 drivers will              as discussed in Section III of this notice.
                                                    Avenue SE., Washington, DC 20590–                       participate for 30 days, 75 drivers will              Upon completion of the program,
                                                    0001, by email at nicole.michel@                        participate for 60 days, and 50 drivers               participants’ safety performance and
                                                    dot.gov, or by telephone at (202) 366–                  will participate for the maximum 90                   fatigue levels will be analyzed,
                                                    4354. Office hours are from 9 a.m. to 5                 days.                                                 according to provision use, using a
                                                    p.m., Monday through Friday, except                     Background                                            ‘‘within-subject and between-subject’’
                                                    Federal Holidays.                                                                                             study design. In this analysis, drivers
                                                                                                            I. Project Summary                                    will be compared among themselves
                                                    SUPPLEMENTARY INFORMATION: Title:
                                                    Flexible Sleeper Berth Pilot Program.                      As described in 49 CFR 395.1(g)(1), a              and against other participating drivers.
                                                       OMB Control Number: 2126–00XX.                       driver who operates a property-carrying               This pilot program seeks to produce
                                                       Type of Request: New information                     CMV equipped with a sleeper berth 1                   statistically reliable evidence of the
                                                    collection.                                             and who uses the sleeper berth                        relationship between the degree of HOS
                                                       Respondents: Large, medium, and                      provision must take at least 8                        flexibility and safety outcomes.
                                                    small motor carriers; independent                       consecutive hours in the sleeper berth,
                                                                                                                                                                  II. Data Collection Plan
                                                    owner-operators; and commercial motor                   plus a separate 2 consecutive hours
                                                    vehicle (CMV) drivers who regularly use                 either in the sleeper berth, off duty, or               Details of the data collection plan for
                                                    a sleeper berth.                                        any combination of the two, before                    this pilot program are subject to change
                                                       Estimated Number of Respondents: 10                  returning to on-duty status.                          based on comments to the docket and
                                                    motor carrier responses; 1,000 CMV                         During listening sessions for the                  further review by analysts. Participating
                                                    driver applications, with 240 drivers                   hours-of-service (HOS) rulemaking, the                drivers will drive an instrumented
                                                    being accepted for participation in the                 Agency heard from many drivers that                   vehicle for up to 3 consecutive months.
                                                                                                            they would like some regulatory                       At a minimum, FMCSA will gather the
                                                    pilot program.
                                                       Estimated Time per Response: Motor                   flexibility to be able to sleep when they             following data during the study:
                                                    carriers: 1 hour (one-time response).
                                                                                                            get tired or as a countermeasure to                     • Electronic logging device (ELD)
                                                                                                            traffic congestion (i.e., an exemption                data, to evaluate duty hours and timing,
                                                    Drivers: Online application—15 minutes
                                                                                                            from the requirement for consolidated                 driving hours and timing, rest breaks,
                                                    (one-time response); background
                                                                                                            sleeper berth time). FMCSA has                        off-duty time, and restart breaks.
                                                    questionnaire and tax form—30 minutes
                                                    (one-time response); daily field study
                                                                                                            reviewed the literature and conducted                   • Onboard monitoring system
                                                                                                            its own laboratory studies on the                     (OBMS) data, to evaluate driving
                                                    data collection—30 minutes (daily, for a
                                                                                                            subject. The majority of sleep studies to             behaviors, safety-critical events (or
                                                    maximum of 90 days); weekly phone
                                                                                                            date demonstrate that well-timed split                SCEs, which include crashes, near-
                                                    briefings—10 minutes (once weekly, for
                                                                                                            sleep has either a positive or no effect              crashes, and other safety-related events),
                                                    a maximum of 13 weeks); debriefing
                                                                                                            on subsequent neurobehavioral                         reaction time, fatigue, lane deviations,
                                                    questionnaire—15 minutes (one-time
                                                                                                            performance. To determine whether                     and traffic density, road curvature, and
                                                    response).
                                                                                                            split sleeper berth time affects driver               speed variability.
                                                       Expiration Date: N/A. This is a new
                                                    information collection.
                                                                                                            safety performance and fatigue levels,                  • Roadside violation data (from
                                                                                                            FMCSA is introducing a pilot program                  carriers and drivers), including vehicle,
                                                       Frequency of Response: Motor
                                                                                                            to allow temporary regulatory relief                  duty status, hazardous materials, and
                                                    carriers: One-time response. Drivers:
                                                                                                            from 49 CFR 395.1(g)(1) (the sleeper                  cargo-related violations (contingent
                                                    One-time application; during the study,
                                                                                                            berth provision) for a limited number of              upon inspections).
                                                    data collection occurs 3 to 4 times per
                                                    day for a maximum of 90 days (see
                                                                                                            commercial drivers who have valid                       • Wrist actigraphy data,2 to evaluate
                                                                                                            commercial driver’s licenses (CDLs) and               total sleep time, time of day sleep was
                                                    ‘‘Estimated Time per Response’’ for
                                                                                                            who regularly use sleeper berths.                     taken, sleep latency, and intermittent
                                                    more details).                                             The Flexible Sleeper Berth Pilot
                                                       Estimated Total Annual Burden:                                                                             wakefulness.
                                                                                                            Program requires that participating                     • Psychomotor Vigilance Test (PVT) 3
                                                    4,423 hours (7 hours for carrier tasks
                                                                                                            drivers be provided relief from Part 395              data, to evaluate drivers’ behavioral
                                                    and 4,416 hours for driver tasks). The
                                                                                                            concerning consolidated sleeper berth                 alertness based on reaction times.
                                                    total annual number of carrier responses
                                                                                                            time requirements. Participating drivers
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                                                    is seven. Reviewing the study materials
                                                                                                            will be asked if they have completed the                 2 Participants will wear wrist actigraphy devices
                                                    and granting permission for drivers to
                                                                                                            Driver Education Module of the North                  (similar to commercially available smart fitness
                                                    participate is estimated to take 1 hour                                                                       watches) throughout their time in the study.
                                                                                                            American Fatigue Management Program
                                                    per carrier. Participating driver burden                                                                      Actigraphy is a minimally obtrusive, validated
                                                                                                            (NAFMP) prior to study enrollment. If
                                                    is associated with completing the online                                                                      approach to assessing sleep/wake patterns.
                                                                                                            drivers have not completed the program,                  3 For this study, drivers will be required to
                                                    application, background questionnaire,
                                                                                                                                                                  complete daily iterations of a brief PVT, a 3-minute
                                                    daily data collection during the field                    1 A ‘‘sleeper berth’’ is a sleeping compartment     behavioral alertness test which measures drivers’
                                                    study period, weekly phone briefings,                   installed on a CMV that complies with the             alertness levels by timing their reactions to visual
                                                    and debriefing questionnaire. The                       specifications in 49 CFR 393.76.                      stimuli.



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                                                    49926                          Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

                                                       • Subjective sleepiness ratings, using                rules, which he felt should never have                information collection, including: (1)
                                                    the Karolinska Sleepiness Scale (KSS),4                  been changed in 2003. He felt that the                Whether the proposed collection is
                                                    to measure drivers’ perceptions of their                 HOS needed to be changed and re-                      necessary for the FMCSA to perform its
                                                    fatigue levels.                                          evaluated for every different division of             functions; (2) the accuracy of the
                                                       • Sleep logs, in which drivers will                   CMVs, but did express support of                      estimated burden; (3) ways for the
                                                    document when they are going to sleep,                   flexibility in sleeper berth times.                   FMCSA to enhance the quality,
                                                    when they wake up, and whether they                      FMCSA appreciates this commenter                      usefulness, and clarity of the collected
                                                    are using the sleeper berth. For split-                  taking the time to provide feedback on                information; and (4) ways that the
                                                    sleep days, drivers will record how and                  the HOS rules, but felt that this                     burden could be minimized without
                                                    why they chose to split their sleep.                     comment went beyond the scope of this                 reducing the quality of the collected
                                                       Other information that may be                         pilot program; however, the Agency                    information.
                                                    needed, such as vehicle miles traveled                   appreciates his support of allowing a                   Issued under the authority delegated in 49
                                                    (VMT), will also be collected through                    flexible sleeper berth pilot program to               CFR 1.87 on October 20, 2017.
                                                    the participating carrier. Every effort                  move forward.                                         G. Kelly Regal,
                                                    will be made to reduce the burden on                        The remaining three commenters                     Associate Administrator for Office of
                                                    the carrier in collecting and reporting                  were supportive of the proposed Pilot                 Research and Information Technology.
                                                    this data.                                               Program and proposed information                      [FR Doc. 2017–23350 Filed 10–26–17; 8:45 am]
                                                    III. Paperwork Reduction Act                             collection, and expressed an opinion
                                                                                                                                                                   BILLING CODE 4910–EX–P
                                                                                                             that this would make the roads safer and
                                                       The Paperwork Reduction Act of 1995                   allow drivers to manage their duty
                                                    (the PRA) (44 U.S.C. 3501–3520)                          hours more efficiently and use common
                                                    prohibits agencies from conducting                                                                             DEPARTMENT OF TRANSPORTATION
                                                                                                             sense to not drive when tired. FMCSA
                                                    information collection (IC) activities                   appreciates this support for the                      Federal Motor Carrier Safety
                                                    until they analyze the need for the                      program, and has not made any changes                 Administration
                                                    collection of information and how the                    or revisions to the design of the study
                                                    collected data will be managed.                          based on these comments.                              [FMCSA Docket No. FMCSA–2017–0039]
                                                    Agencies must also analyze whether                          Additionally, a Federal Register
                                                    technology could be used to reduce the                                                                         Qualification of Drivers; Exemption
                                                                                                             notice announcing the Pilot Program
                                                    burden imposed on those providing the                                                                          Applications; Diabetes Mellitus
                                                                                                             was published on June 6, 2017, to allow
                                                    data. The Agency must estimate the                       for 60-days of public comment regarding               AGENCY: Federal Motor Carrier Safety
                                                    time burden required to respond to the                   the proposed program. The comment                     Administration (FMCSA), DOT
                                                    IC requirements, such as the time                        period closed on August 7, 2017, and                  ACTION: Notice of final disposition.
                                                    required to complete a particular form.                  has received 232 unique (233 total, one
                                                    The Agency submits its IC analysis and                   duplicate) public comments to date. The               SUMMARY:    FMCSA announces its
                                                    burden estimate to OMB as a formal                       vast majority (over 175) of these                     decision to exempt 89 individuals from
                                                    ICR; the Agency cannot conduct the                       comments were positive in nature.                     the prohibition in the Federal Motor
                                                    information collection until OMB                         Several commenters expressed a desire                 Carrier Safety Regulations (FMCSRs)
                                                    approves the ICR.                                        to participate in the study, and several              against persons with insulin-treated
                                                                                                             wanted the study expanded to                          diabetes mellitus (ITDM) from operating
                                                    IV. Summary of Public Comments
                                                                                                             incorporate other exemptions. While                   a commercial motor vehicle (CMV) in
                                                    Received
                                                                                                             FMCSA understands the desire from                     interstate commerce. The exemptions
                                                       On June 27, 2017, FMCSA published                     drivers to re-open the HOS rules,                     enable these individuals with ITDM to
                                                    a notice in the Federal Register (82 FR                  specifically the 14-hour rule, the Pilot              operate CMVs in interstate commerce.
                                                    29145) with a 60-day public comment                      Program is designed to look at only                   DATES: The exemptions were applicable
                                                    period to announce this proposed                         Flexible Sleeper Berth times in order to              on September 12, 2017. The exemptions
                                                    information collection. As of the closing                achieve statistically significant results             expire on September 12, 2019.
                                                    date of August 28, 2017, the agency                      without the potential for introducing                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                    received five comments in response to                    confounding variables into the study.                 Christine A. Hydock, Chief, Medical
                                                    this notice.                                                Approximately 40 commenters                        Programs Division, (202) 366–4001,
                                                       One comment questioned the need for                   responded in a negative manner to the                 fmcsamedical@dot.gov, FMCSA,
                                                    a pilot program given that the proposal                  14-hour rule, or having too many                      Department of Transportation, 1200
                                                    is similar to the HOS rules prior to 2003.               regulations in place, but were not                    New Jersey Avenue SE., Room W64–
                                                    This commenter expressed an opinion                      specific to the Flexible Sleeper Berth                224, Washington, DC 20590–0001.
                                                    that the HOS rules should just be                        Program. The majority of commenters                   Office hours are from 8:30 a.m. to 5
                                                    reverted to the prior to 2003 HOS rules.                 who responded agreed that the NAFMP                   p.m., e.t., Monday through Friday,
                                                    While FMCSA understands the                              should be recommended, not                            except Federal holidays. If you have
                                                    commenter’s frustration with the                         mandatory. One commenter felt the                     questions regarding viewing or
                                                    process, our commitment to public                        NAFMP should be mandatory; however,                   submitting material to the docket,
                                                    safety requires us to conduct a pilot                    FMCSA felt that the majority of                       contact Docket Services, telephone (202)
                                                    program to collect scientific data and                   commenters agreeing with the current                  366–9826.
                                                    achieve statistically significant findings
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                                                                                                             study design showed that we should                    SUPPLEMENTARY INFORMATION:
                                                    before considering any revision to our                   move forward without changing the
                                                    current regulations.                                     design. One commenter felt that the                   I. Electronic Access
                                                       Another commenter expressed a                         cameras in the vehicle were too                          You may see all the comments online
                                                    similar opinion regarding the HOS                        burdensome, however, several others                   through the Federal Document
                                                      4 The KSS is a 9-point Likert-type scale ranging
                                                                                                             expressed that the data collection was                Management System (FDMS) at: http://
                                                    from ‘‘extremely alert’’ to ‘‘extremely sleepy’’ and     reasonable for the scope of the study.                www.regulations.gov.
                                                    has been widely used in the literature as a                 Public Comments Invited: You are                      Docket: For access to the docket to
                                                    subjective assessment of alertness.                      asked to comment on any aspect of this                read background documents or


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Document Created: 2017-10-27 02:06:42
Document Modified: 2017-10-27 02:06:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesPlease send your comments by November 27, 2017. OMB must receive your comments by this date in order to act quickly on the ICR.
ContactNicole Michel, Research Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by email at [email protected], or by telephone at (202) 366-4354. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
FR Citation82 FR 49924 

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