82_FR_60511 82 FR 60269 - Hours of Service of Drivers of Commercial Motor Vehicles: Proposed Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance

82 FR 60269 - Hours of Service of Drivers of Commercial Motor Vehicles: Proposed Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 242 (December 19, 2017)

Page Range60269-60271
FR Document2017-27315

FMCSA is proposing to revise the regulatory guidance concerning driving a commercial motor vehicle (CMV) for personal use while off-duty, referred to as ``personal conveyance.'' This provision is available to all CMV drivers required to record their hours of service (HOS) who are permitted by their employer to use the vehicle for personal use. The Agency requests public comments on the guidance and its economic impact.

Federal Register, Volume 82 Issue 242 (Tuesday, December 19, 2017)
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60269-60271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27315]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0108]


Hours of Service of Drivers of Commercial Motor Vehicles: 
Proposed Regulatory Guidance Concerning the Use of a Commercial Motor 
Vehicle for Personal Conveyance

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

ACTION: Notice of regulatory guidance; request for comments.

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

SUMMARY: FMCSA is proposing to revise the regulatory guidance 
concerning driving a commercial motor vehicle (CMV) for personal use 
while off-duty, referred to as ``personal conveyance.'' This provision 
is available to all CMV drivers required to record their hours of 
service (HOS) who are permitted by their employer to use the vehicle 
for personal use. The Agency requests public comments on the guidance 
and its economic impact.

DATES: Comments are due by January 18, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2017-0108 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line 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., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.

[[Page 60270]]

    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year. If you want acknowledgment that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    Privacy Act: DOT solicits comments from the public to better inform 
its guidance 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.

FOR FURTHER INFORMATION CONTACT: For information concerning this notice 
contact Ms. LaTonya Mimms, Transportation Specialist, Enforcement 
Division, FMCSA. Ms. Mimms may be reached at 202-366-0991 and by email 
at [email protected]. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2017-0108), indicate the specific section of this 
document to which each comment 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 the Agency can contact you if it has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
put the docket number, ``FMCSA-2017-0108'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert the docket number, ``FMCSA-2017-0108'' in the ``Keyword'' box 
and click ``Search.'' Next, click ``Open Docket Folder'' button and 
choose the document listed to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

II. Background

    Currently, the Federal Motor Carrier Safety Regulations (FMCSRs) 
require drivers to document their HOS on records of duty status (RODS), 
identifying one of four duty status options: On-duty (non-driving), 
driving, sleeper berth, and off-duty (49 CFR 395.8). As a result, when 
personal conveyance in a CMV is authorized by the motor carrier, 
drivers are required to document such use as off-duty on their RODS, 
irrespective of the method used to record the driver's HOS (e.g., paper 
logs, automatic on-board recording device, electronic logging devices 
(ELDs), etc.)
    The minimum performance and design standards for ELDs in the 
Agency's final rule on ``Implementation of Electronic Logging Devices 
and Hours of Service Supporting Documents'' (ELD rule) include the 
automatic recording of data related to the off-duty movement of the 
CMV. As part of the ELD rule, ELD manufacturers are required to include 
a special driving category for personal conveyance. This may be used at 
the motor carrier's discretion, based on their operations. In addition, 
motor carriers may grant drivers authority to operate a CMV under 
personal conveyance without preconfiguring the ELD with the personal 
conveyance special driving category.
    The existing guidance on personal conveyance (49 CFR 395.8, 
Question 26) was issued by the Federal Highway Administration (FHWA), 
FMCSA's predecessor agency, in a memorandum dated November 18, 1996, 
and later published in a compilation of guidance (62 FR 16370, 16426, 
April 4, 1997). The guidance reiterated the basic principle that a 
driver in off-duty status must be relieved from work and all 
responsibility for performing work. It highlighted the use of the CMV 
as a personal conveyance in traveling to and from the place of 
employment (e.g., the normal work reporting location). The 1997 
guidance included discussion of CMVs used to travel ``short distances'' 
from a driver's en route lodgings to restaurants in the vicinity of 
such lodgings. In addition, the 1997 guidance explicitly excluded the 
use of laden vehicles as personal conveyance and the operation of the 
CMV as personal conveyance by drivers who have been placed out of 
service for HOS violations. The guidance has remained unchanged since 
1997.
    In issuing today's proposed revision to the guidance, the Agency 
focuses on the reason the driver is operating a CMV while off duty, 
without regard to whether the CMV is or is not laden. The previous 
guidance, which required the CMV to be unladen, was written for 
combination vehicles, where the driver could readily detach the trailer 
and use the unladen tractor for personal conveyance. This 
interpretation had the inadvertent effect of not allowing drivers of 
single-unit work trucks that carry loads, as well as tools of trade and 
related materials, on the power unit to document this off-duty time on 
the RODS. In the absence of a trailer, these loads, tools, and other 
equipment cannot reasonably be offloaded, left unattended, and reloaded 
after the power unit has been used for personal conveyance. This 
proposed revisision to the guidance eliminates the requirement that the 
CMV be unladen and thus the disparate impact created by the previous 
guidance.
    FMCSA's regulatory guidance for the FMCSRs is currently available 
on the Agency's website at https://www.fmcsa.dot.gov/regulations.

[[Page 60271]]

Question 26 under section 49 CFR 395.8 currently reads as follows:

    Question 26: If a driver is permitted to use a Commercial Motor 
Vehicle (CMV) for personal reasons, how must the driving time be 
recorded?
    Guidance: When a driver is relieved from work and all 
responsibility for performing work, time spent traveling from a 
driver's home to his/her terminal (normal work reporting location), 
or from a driver's terminal to his/her home, may be considered off-
duty time. Similarly, time spent traveling short distances from a 
driver's en route lodgings (such as en route terminals or motels) to 
restaurants in the vicinity of such lodgings may be considered off-
duty time. The type of conveyance used from the terminal to the 
driver's home, from the driver's home to the terminal, or to 
restaurants in the vicinity of en route lodgings would not alter the 
situation unless the vehicle is laden. A driver may not operate a 
laden CMV as a personal conveyance. The driver who uses a motor 
carrier's Commercial Motor Vehicle (CMV) for transportation home, 
and is subsequently called by the employing carrier and is then 
dispatched from home, would be on-duty from the time the driver 
leaves home. A driver placed out of service for exceeding the 
requirements of the hours of service regulations may not drive a 
Commercial Motor Vehicle (CMV) to any location to obtain rest.

III. Proposed Guidance Language

    FMCSA proposes to replace the above interpretation with the 
following revised Question 26 and seeks comments on this guidance. 
FMCSA also seeks public comments and information on other appropriate 
uses of a CMV while off-duty for personal conveyance, as well as the 
economic impacts of the proposal. FMCSA proposes to update the guidance 
for Sec.  395.8 Driver's Record of Duty Status to read as follows:
    Question 26: Under what circumstances may a driver operate a 
commercial motor vehicle (CMV) as a personal conveyance?
    Guidance: A driver may record time operating a CMV for personal 
conveyance (i.e., for personal use or reasons) as off-duty only when 
the driver is relieved from work and all responsibility for performing 
work.
    (a) Examples of appropriate uses of a CMV while off-duty for 
personal conveyance include, but are not limited to:
    1. Time spent traveling from a driver's en route lodging (such as a 
motel or truck stop) to restaurants and entertainment facilities and 
back to the lodging.
    2. Commuting from the last location where on-duty activity occurred 
to the driver's permanent residence and back to that last on-duty 
location. This would include commuting between the driver's terminal 
and his or her residence, between trailer-drop lots and the driver's 
residence, and between work sites and his or her residence.
    (b) Examples of uses of a CMV that would not qualify as personal 
conveyance include, but are not limited to, the following:
    1. The movement of a CMV to enhance the operational readiness of a 
motor carrier. For example, moving the CMV closer to its next loading 
or unloading point or other motor carrier-scheduled destination, 
regardless of other factors.
    2. After delivering a towed unit, and the towing unit no longer 
meets the definition of a CMV, the driver returns to the point of 
origin under the direction of the motor carrier in order to pick up 
another towed unit.
    3. Continuation of a CMV trip in interstate commerce, even after 
the vehicle is unloaded. In this scenario, on-duty time does not end 
until the driver reaches a location designated or authorized by the 
carrier for parking or storage of the CMV, such as a permanent 
residence, authorized lodging, or home terminal.
    4. Bobtailing or operating with an empty trailer to retrieve 
another load.
    5. Repositioning a CMV and or trailer at the direction of the motor 
carrier.
    The CMV may be used for personal conveyance even if it is laden, 
since the load is not being transported for the commercial benefit of 
the carrier at that time.

IV. Expiration Date of the Proposed Regulatory Guidance

    In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing 
America's Surface Transportation (FAST) Act, Public Law 114-94, 129 
Stat. 1312, 1535 (Dec. 4, 2015), the proposed regulatory guidance would 
be posted on FMCSA's website, www.fmcsa.dot.gov, if finalized. It would 
be reviewed by the Agency no later than December 19, 2022. The Agency 
would consider at that time whether the guidance should be withdrawn, 
reissued for another period up to five years, or incorporated into the 
safety regulations.

V. Request for Comments

    Refer to the ADDRESSES section above for instructions on submitting 
comments to the public docket concerning this regulatory guidance. The 
FMCSA will consider comments received by the closing date of the 
comment period to determine whether any further clarification of these 
regulatory provisions is necessary. In addition to general comments 
concerning the guidance, the Agency is seeking information on the 
following:
    1. Which carriers or drivers would take advantage of the additional 
flexibilities proposed in this guidance?
    2. Are there particular segments of the industry that would take 
advantage of this change more than others?
    3. Are there some carriers or segments of the industry that would 
prohibit their drivers from driving laden vehicles for personal 
conveyance?
    4. For what reasons would a carrier prohibit drivers from driving a 
laden vehicle for personal conveyance?
    5. What benefits would the new flexibilities provide to carriers 
and drivers?

    Issued on: December 13, 2017.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2017-27315 Filed 12-18-17; 8:45 am]
BILLING CODE 4910-EX-P



                                                                           Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices                                                60269

                                                DEPARTMENT OF TRANSPORTATION                            sample information resources on                       Project Delivery,’’ for notice and public
                                                                                                        programmatic agreements, approaches,                  comment on August 30, 2016. After
                                                Federal Highway Administration                          techniques, and best practices were                   considering all the comments, FHWA
                                                [FHWA Docket No. FHWA–2016–0020]                        consolidated for ease of access, and to               has incorporated appropriate revisions
                                                                                                        encourage and ensure consistent                       into the final FAST Act Section 1421
                                                Productive and Timely Expenditure of                    implementation. The test website was                  website. As such, the final FHWA FAST
                                                Funds                                                   used for illustrative purpose to obtain               Act Section 1421 website can be found
                                                                                                        input from commenters on the content                  at: http://www.fhwa.dot.gov/
                                                AGENCY: Federal Highway                                 to be included on the final website.                  construction/contracts/section1421.cfm.
                                                Administration (FHWA), U.S.
                                                                                                        Discussion of Comments                                  Issued on: December 12, 2017.
                                                Department of Transportation.
                                                                                                        I. Summary                                            Brandye L. Hendrickson,
                                                ACTION: Notice.
                                                                                                                                                              Acting Administrator, Federal Highway
                                                                                                           All comments received in response to               Administration.
                                                SUMMARY:    This notice announces the                   the initial notice and request for
                                                FHWA website, ‘‘FAST Act Section                        comments have been considered in
                                                                                                                                                              [FR Doc. 2017–27270 Filed 12–18–17; 8:45 am]
                                                1421—Programmatic Approaches to                         adopting this final notice. Comments
                                                                                                                                                              BILLING CODE P
                                                Project Delivery,’’ where information                   were received from one representative
                                                and guidance on improving project                       of the Maryland Department of
                                                delivery is consolidated to encourage                                                                         DEPARTMENT OF TRANSPORTATION
                                                                                                        Transportation State Highway
                                                implementation of approaches,                           Administration (MDOT SHA). The
                                                techniques, and best practices to                                                                             Federal Motor Carrier Safety
                                                                                                        following discussion identifies and                   Administration
                                                facilitate the productive, effective, and               summarizes the comments submitted by
                                                timely expenditure of title 23, United                  the commenter in response to the                      [Docket No. FMCSA–2017–0108]
                                                States Code, funds. Consistent                          August 30, 2016, notice, as well as
                                                implementation of the information and                                                                         Hours of Service of Drivers of
                                                                                                        FHWA’s response to those comments.
                                                guidance provided on the website will                                                                         Commercial Motor Vehicles: Proposed
                                                serve to assist Federal-aid recipients in               II. Analysis of and Response to                       Regulatory Guidance Concerning the
                                                effectively using Federal funds by                      Comments on the Test Website                          Use of a Commercial Motor Vehicle for
                                                avoiding unnecessary, costly project                       Comment 1: A representative of                     Personal Conveyance
                                                delays and minimizing project cost                      MDOT SHA recommended adding a                         AGENCY:  Federal Motor Carrier Safety
                                                overruns.                                               number of Maryland-specific                           Administration (FMCSA), DOT.
                                                     The date of this notice is
                                                DATES:                                                  information on programmatic
                                                                                                                                                              ACTION: Notice of regulatory guidance;
                                                December 19, 2017.                                      agreements, procedures, and
                                                                                                                                                              request for comments.
                                                                                                        memorandum of agreements to the
                                                FOR FURTHER INFORMATION CONTACT:     Mr.
                                                                                                        FAST Act Section 1421 website.                        SUMMARY:   FMCSA is proposing to revise
                                                Gerald Yakowenko, FHWA Office of                           FHWA’s Response 1: The comments
                                                Program Administration, 202–366–1562,                                                                         the regulatory guidance concerning
                                                                                                        provided by MDOT SHA were State-                      driving a commercial motor vehicle
                                                or via email at gerald.yakowenko@                       specific, not national; therefore, FHWA
                                                dot.gov. For legal questions, please                                                                          (CMV) for personal use while off-duty,
                                                                                                        did not incorporate those comments                    referred to as ‘‘personal conveyance.’’
                                                contact Mr. Jomar Maldonado, FHWA                       into the final FAST Act Section 1421
                                                Office of the Chief Counsel, 202–366–                                                                         This provision is available to all CMV
                                                                                                        website. Since the August 30, 2016,                   drivers required to record their hours of
                                                1373, or via email at jomar.maldonado@                  notice, FHWA has developed an
                                                dot.gov. Office hours for the FHWA are                                                                        service (HOS) who are permitted by
                                                                                                        Environmental Review Toolkit website                  their employer to use the vehicle for
                                                from 8:00 a.m. to 4:30 p.m., ET, Monday                 that included information on
                                                through Friday, except Federal holidays.                                                                      personal use. The Agency requests
                                                                                                        programmatic agreements and                           public comments on the guidance and
                                                SUPPLEMENTARY INFORMATION:                              approaches to accelerate project                      its economic impact.
                                                Electronic Access                                       delivery. State-specific resources could
                                                                                                                                                              DATES: Comments are due by January
                                                                                                        be provided on the FHWA State Practice
                                                  An electronic copy of this document                                                                         18, 2018.
                                                                                                        Database accessed from the
                                                may be downloaded from the Federal                      Environmental Review Toolkit website,                 ADDRESSES: You may submit comments
                                                Register’s home page at: http://                        or directly at: https://                              bearing the Federal Docket Management
                                                www.archives.gov and the Government                     www.environment.fhwa.dot.gov/                         System (FDMS) Docket ID FMCSA–
                                                Publishing Office’s Federal Digital                     strmlng/es3stateprac.asp.                             2017–0108 using any of the following
                                                System at: http://www.fdsys.gov.                           Comment 2: The MDOT SHA                            methods:
                                                                                                        recommended including the U.S. Fish                      • Federal eRulemaking Portal: Go to
                                                Background
                                                                                                        and Wildlife Service planning tool,                   www.regulations.gov. Follow the on-line
                                                  On August 30, 2016, at 81 FR 59717,                   ‘‘IPaC Information for Planning and                   instructions for submitting comments.
                                                FHWA published a notice and request                     Consultation,’’ for streamlining the                     • Mail: Docket Management Facility;
                                                for comments to identify any readily                    environmental review process.                         U.S. Department of Transportation, 1200
                                                available information resources on                         FHWA’s Response 2: The FHWA                        New Jersey Avenue SE, West Building
                                                programmatic approaches to improve                      agrees with the commenter and will add                Ground Floor, Room W12–140,
                                                project delivery through avoidance of
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        the U.S. Fish and Wildlife Service                    Washington, DC 20590–0001.
                                                unnecessary delays, and minimizing of                   planning tool to the final FAST Act                      • Hand Delivery or Courier: West
                                                cost overruns in compliance with the                    Section 1421 website.                                 Building Ground Floor, Room W12–140,
                                                Section 1421 of the Fixing America’s                                                                          1200 New Jersey Avenue SE,
                                                Surface Transportation (FAST) Act. To                   Final FAST Act Section 1421 Website                   Washington, DC, between 9 a.m. and 5
                                                comply with Section 1421, ‘‘Productive                    The FHWA established the test                       p.m., ET, Monday through Friday,
                                                and Timely Expenditure of Funds,’’                      FHWA website, ‘‘FAST Act Section                      except Federal Holidays.
                                                FHWA developed a test website where                     1421—Programmatic Approaches to                          • Fax: 1–202–493–2251.


                                           VerDate Sep<11>2014   17:47 Dec 18, 2017   Jkt 244001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703   E:\FR\FM\19DEN1.SGM   19DEN1


                                                60270                      Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices

                                                   Each submission must include the                        To submit your comment online, go to               manufacturers are required to include a
                                                Agency name and the docket number for                   http://www.regulations.gov and put the                special driving category for personal
                                                this notice. Note that DOT posts all                    docket number, ‘‘FMCSA–2017–0108’’                    conveyance. This may be used at the
                                                comments received without change to                     in the ‘‘Keyword’’ box, and click                     motor carrier’s discretion, based on their
                                                www.regulations.gov, including any                      ‘‘Search.’’ When the new screen                       operations. In addition, motor carriers
                                                personal information included in a                      appears, click on ‘‘Comment Now!’’                    may grant drivers authority to operate a
                                                comment. Please see the Privacy Act                     button and type your comment into the                 CMV under personal conveyance
                                                heading below.                                          text box in the following screen. Choose              without preconfiguring the ELD with
                                                   Docket: For access to the docket to                  whether you are submitting your                       the personal conveyance special driving
                                                read background documents or                            comment as an individual or on behalf                 category.
                                                comments, go to www.regulations.gov at                  of a third party and then submit. If you                 The existing guidance on personal
                                                any time or visit Room W12–140 on the                   submit your comments by mail or hand                  conveyance (49 CFR 395.8, Question 26)
                                                ground level of the West Building, 1200                 delivery, submit them in an unbound                   was issued by the Federal Highway
                                                New Jersey Avenue SE, Washington,                       format, no larger than 81⁄2 by 11 inches,             Administration (FHWA), FMCSA’s
                                                DC, between 9 a.m. and 5 p.m., ET,                      suitable for copying and electronic                   predecessor agency, in a memorandum
                                                Monday through Friday, except Federal                   filing. If you submit comments by mail                dated November 18, 1996, and later
                                                holidays. The on-line FDMS is available                 and would like to know that they                      published in a compilation of guidance
                                                24 hours each day, 365 days each year.                  reached the facility, please enclose a                (62 FR 16370, 16426, April 4, 1997). The
                                                If you want acknowledgment that we                      stamped, self-addressed postcard or                   guidance reiterated the basic principle
                                                received your comments, please include                  envelope.                                             that a driver in off-duty status must be
                                                a self-addressed, stamped envelope or                      FMCSA will consider all comments                   relieved from work and all
                                                postcard or print the acknowledgement                   and material received during the                      responsibility for performing work. It
                                                page that appears after submitting                      comment period and may change this                    highlighted the use of the CMV as a
                                                comments on-line.                                       notice based on your comments.                        personal conveyance in traveling to and
                                                   Privacy Act: DOT solicits comments                   Viewing Comments and Documents                        from the place of employment (e.g., the
                                                from the public to better inform its                                                                          normal work reporting location). The
                                                                                                           To view comments, as well as
                                                guidance process. DOT posts these                                                                             1997 guidance included discussion of
                                                                                                        documents mentioned in this preamble
                                                comments, without edit, including any                                                                         CMVs used to travel ‘‘short distances’’
                                                                                                        as being available in the docket, go to
                                                personal information the commenter                                                                            from a driver’s en route lodgings to
                                                                                                        http://www.regulations.gov and insert
                                                provides, to www.regulations.gov, as                                                                          restaurants in the vicinity of such
                                                                                                        the docket number, ‘‘FMCSA–2017–
                                                described in the system of records                                                                            lodgings. In addition, the 1997 guidance
                                                                                                        0108’’ in the ‘‘Keyword’’ box and click
                                                notice (DOT/ALL–14 FDMS), which can                                                                           explicitly excluded the use of laden
                                                                                                        ‘‘Search.’’ Next, click ‘‘Open Docket
                                                be reviewed at www.dot.gov/privacy.                                                                           vehicles as personal conveyance and the
                                                                                                        Folder’’ button and choose the
                                                FOR FURTHER INFORMATION CONTACT: For                    document listed to review. If you do not              operation of the CMV as personal
                                                information concerning this notice                      have access to the internet, you may                  conveyance by drivers who have been
                                                contact Ms. LaTonya Mimms,                              view the docket online by visiting the                placed out of service for HOS violations.
                                                Transportation Specialist, Enforcement                  Docket Management Facility in Room                    The guidance has remained unchanged
                                                Division, FMCSA. Ms. Mimms may be                       W12–140 on the ground floor of the                    since 1997.
                                                reached at 202–366–0991 and by email                    DOT West Building, 1200 New Jersey                       In issuing today’s proposed revision
                                                at LaTonya.Mimms@dot.gov. If you have                   Avenue SE, Washington, DC 20590,                      to the guidance, the Agency focuses on
                                                questions on viewing or submitting                      between 9 a.m. and 5 p.m., ET, Monday                 the reason the driver is operating a CMV
                                                material to the docket, contact Docket                  through Friday, except Federal holidays.              while off duty, without regard to
                                                Services, telephone (202) 366–9826.                                                                           whether the CMV is or is not laden. The
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        II. Background                                        previous guidance, which required the
                                                                                                           Currently, the Federal Motor Carrier               CMV to be unladen, was written for
                                                I. Public Participation and Request for                 Safety Regulations (FMCSRs) require                   combination vehicles, where the driver
                                                Comments                                                drivers to document their HOS on                      could readily detach the trailer and use
                                                  FMCSA encourages you to participate                   records of duty status (RODS),                        the unladen tractor for personal
                                                by submitting comments and related                      identifying one of four duty status                   conveyance. This interpretation had the
                                                materials.                                              options: On-duty (non-driving), driving,              inadvertent effect of not allowing
                                                                                                        sleeper berth, and off-duty (49 CFR                   drivers of single-unit work trucks that
                                                Submitting Comments                                                                                           carry loads, as well as tools of trade and
                                                                                                        395.8). As a result, when personal
                                                  If you submit a comment, please                       conveyance in a CMV is authorized by                  related materials, on the power unit to
                                                include the docket number for this                      the motor carrier, drivers are required to            document this off-duty time on the
                                                notice (FMCSA–2017–0108), indicate                      document such use as off-duty on their                RODS. In the absence of a trailer, these
                                                the specific section of this document to                RODS, irrespective of the method used                 loads, tools, and other equipment
                                                which each comment applies, and                         to record the driver’s HOS (e.g., paper               cannot reasonably be offloaded, left
                                                provide a reason for each suggestion or                 logs, automatic on-board recording                    unattended, and reloaded after the
                                                recommendation. You may submit your                     device, electronic logging devices                    power unit has been used for personal
                                                comments and material online or by fax,                 (ELDs), etc.)                                         conveyance. This proposed revisision to
                                                mail, or hand delivery, but please use                     The minimum performance and                        the guidance eliminates the requirement
sradovich on DSK3GMQ082PROD with NOTICES




                                                only one of these means. FMCSA                          design standards for ELDs in the                      that the CMV be unladen and thus the
                                                recommends that you include your                        Agency’s final rule on ‘‘Implementation               disparate impact created by the previous
                                                name and a mailing address, an email                    of Electronic Logging Devices and Hours               guidance.
                                                address, or a phone number in the body                  of Service Supporting Documents’’ (ELD                   FMCSA’s regulatory guidance for the
                                                of your document so the Agency can                      rule) include the automatic recording of              FMCSRs is currently available on the
                                                contact you if it has questions regarding               data related to the off-duty movement of              Agency’s website at https://
                                                your submission.                                        the CMV. As part of the ELD rule, ELD                 www.fmcsa.dot.gov/regulations.


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                                                                           Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices                                                60271

                                                Question 26 under section 49 CFR 395.8                  terminal and his or her residence,                    concerning the guidance, the Agency is
                                                currently reads as follows:                             between trailer-drop lots and the                     seeking information on the following:
                                                   Question 26: If a driver is permitted to use         driver’s residence, and between work                     1. Which carriers or drivers would
                                                a Commercial Motor Vehicle (CMV) for                    sites and his or her residence.                       take advantage of the additional
                                                personal reasons, how must the driving time                (b) Examples of uses of a CMV that                 flexibilities proposed in this guidance?
                                                be recorded?                                            would not qualify as personal                            2. Are there particular segments of the
                                                   Guidance: When a driver is relieved from             conveyance include, but are not limited               industry that would take advantage of
                                                work and all responsibility for performing              to, the following:                                    this change more than others?
                                                work, time spent traveling from a driver’s                 1. The movement of a CMV to                           3. Are there some carriers or segments
                                                home to his/her terminal (normal work
                                                                                                        enhance the operational readiness of a                of the industry that would prohibit their
                                                reporting location), or from a driver’s
                                                terminal to his/her home, may be considered             motor carrier. For example, moving the                drivers from driving laden vehicles for
                                                off-duty time. Similarly, time spent traveling          CMV closer to its next loading or                     personal conveyance?
                                                short distances from a driver’s en route                unloading point or other motor carrier-                  4. For what reasons would a carrier
                                                lodgings (such as en route terminals or                 scheduled destination, regardless of                  prohibit drivers from driving a laden
                                                motels) to restaurants in the vicinity of such          other factors.                                        vehicle for personal conveyance?
                                                lodgings may be considered off-duty time.                  2. After delivering a towed unit, and                 5. What benefits would the new
                                                The type of conveyance used from the                    the towing unit no longer meets the                   flexibilities provide to carriers and
                                                terminal to the driver’s home, from the                 definition of a CMV, the driver returns               drivers?
                                                driver’s home to the terminal, or to
                                                restaurants in the vicinity of en route
                                                                                                        to the point of origin under the direction              Issued on: December 13, 2017.
                                                lodgings would not alter the situation unless           of the motor carrier in order to pick up
                                                                                                                                                              Cathy F. Gautreaux,
                                                the vehicle is laden. A driver may not operate          another towed unit.
                                                                                                           3. Continuation of a CMV trip in                   Deputy Administrator.
                                                a laden CMV as a personal conveyance. The
                                                driver who uses a motor carrier’s Commercial            interstate commerce, even after the                   [FR Doc. 2017–27315 Filed 12–18–17; 8:45 am]
                                                Motor Vehicle (CMV) for transportation                  vehicle is unloaded. In this scenario, on-            BILLING CODE 4910–EX–P
                                                home, and is subsequently called by the                 duty time does not end until the driver
                                                employing carrier and is then dispatched                reaches a location designated or
                                                from home, would be on-duty from the time               authorized by the carrier for parking or              DEPARTMENT OF TRANSPORTATION
                                                the driver leaves home. A driver placed out
                                                of service for exceeding the requirements of            storage of the CMV, such as a permanent
                                                                                                                                                              Federal Railroad Administration
                                                the hours of service regulations may not                residence, authorized lodging, or home
                                                drive a Commercial Motor Vehicle (CMV) to               terminal.                                             [Docket Number FRA–2010–0057]
                                                any location to obtain rest.                               4. Bobtailing or operating with an
                                                                                                        empty trailer to retrieve another load.               Canadian National Railway’s Request
                                                III. Proposed Guidance Language                            5. Repositioning a CMV and or trailer              for Positive Train Control Safety Plan
                                                   FMCSA proposes to replace the above                  at the direction of the motor carrier.                Approval and System Certification
                                                interpretation with the following                          The CMV may be used for personal
                                                                                                                                                              AGENCY:  Federal Railroad
                                                revised Question 26 and seeks                           conveyance even if it is laden, since the
                                                                                                                                                              Administration (FRA), U.S. Department
                                                comments on this guidance. FMCSA                        load is not being transported for the
                                                                                                                                                              of Transportation (DOT).
                                                also seeks public comments and                          commercial benefit of the carrier at that
                                                                                                        time.                                                 ACTION: Notice of availability and
                                                information on other appropriate uses of
                                                a CMV while off-duty for personal                                                                             request for comments.
                                                                                                        IV. Expiration Date of the Proposed
                                                conveyance, as well as the economic                     Regulatory Guidance                                   SUMMARY:   This document provides the
                                                impacts of the proposal. FMCSA                                                                                public with notice that Canadian
                                                proposes to update the guidance for                        In accordance with section
                                                                                                                                                              National Railway (CN) submitted to
                                                § 395.8 Driver’s Record of Duty Status to               5203(a)(2)(A) and (a)(3) of the Fixing
                                                                                                                                                              FRA its Positive Train Control Safety
                                                read as follows:                                        America’s Surface Transportation
                                                                                                                                                              Plan (PTCSP) Version 1.6, dated October
                                                   Question 26: Under what                              (FAST) Act, Public Law 114–94, 129
                                                                                                                                                              30, 2017, on FRA’s Secure Information
                                                circumstances may a driver operate a                    Stat. 1312, 1535 (Dec. 4, 2015), the
                                                                                                                                                              Repository site on November 9, 2017.
                                                commercial motor vehicle (CMV) as a                     proposed regulatory guidance would be
                                                                                                                                                              CN asks FRA to approve its PTCSP and
                                                personal conveyance?                                    posted on FMCSA’s website,
                                                                                                                                                              issue a Positive Train Control System
                                                   Guidance: A driver may record time                   www.fmcsa.dot.gov, if finalized. It
                                                                                                                                                              Certification for CN’s Interoperable
                                                operating a CMV for personal                            would be reviewed by the Agency no
                                                                                                                                                              Electronic Train Management System
                                                conveyance (i.e., for personal use or                   later than December 19, 2022. The
                                                                                                                                                              (I–ETMS).
                                                reasons) as off-duty only when the                      Agency would consider at that time
                                                driver is relieved from work and all                    whether the guidance should be                        DATES: FRA will consider comments
                                                responsibility for performing work.                     withdrawn, reissued for another period                received by January 18, 2018 before
                                                   (a) Examples of appropriate uses of a                up to five years, or incorporated into the            taking final action on the PTCSP. FRA
                                                CMV while off-duty for personal                         safety regulations.                                   may consider comments received after
                                                conveyance include, but are not limited                                                                       that date if practicable.
                                                                                                        V. Request for Comments                               ADDRESSES: All comments concerning
                                                to:
                                                   1. Time spent traveling from a driver’s                Refer to the ADDRESSES section above                this proceeding should identify Docket
                                                en route lodging (such as a motel or                    for instructions on submitting                        Number FRA–2010–0057, and may be
                                                                                                        comments to the public docket
sradovich on DSK3GMQ082PROD with NOTICES




                                                truck stop) to restaurants and                                                                                submitted by any of the following
                                                entertainment facilities and back to the                concerning this regulatory guidance.                  methods:
                                                lodging.                                                The FMCSA will consider comments                         • Website: http://
                                                   2. Commuting from the last location                  received by the closing date of the                   www.regulations.gov. Follow the online
                                                where on-duty activity occurred to the                  comment period to determine whether                   instructions for submitting comments.
                                                driver’s permanent residence and back                   any further clarification of these                       • Fax: (202) 493–2251.
                                                to that last on-duty location. This would               regulatory provisions is necessary. In                   • Mail: Docket Operations Facility,
                                                include commuting between the driver’s                  addition to general comments                          U.S. Department of Transportation, 1200


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Document Created: 2017-12-19 01:31:30
Document Modified: 2017-12-19 01:31:30
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 of regulatory guidance; request for comments.
DatesComments are due by January 18, 2018.
ContactFor information concerning this notice contact Ms. LaTonya Mimms, Transportation Specialist, Enforcement Division, FMCSA. Ms. Mimms may be reached at 202-366-0991 and by email at [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation82 FR 60269 

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