83_FR_2886 83 FR 2873 - Hours of Service of Drivers of Commercial Motor Vehicles: Proposed Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance; Extension of Comment Period

83 FR 2873 - Hours of Service of Drivers of Commercial Motor Vehicles: Proposed Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance; Extension of Comment Period

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 13 (January 19, 2018)

Page Range2873-2874
FR Document2018-00878

FMCSA extends the public comment period for the Agency's December 19, 2017, notice announcing the proposed regulatory guidance concerning the use of a commercial motor vehicle for personal conveyance. On December 22, 2017, the American Trucking Associations, Inc. (ATA) requested a 30-day extension of the comment period. The Agency extends the January 18, 2018, deadline for the submission of public comments to February 20, 2018.

Federal Register, Volume 83 Issue 13 (Friday, January 19, 2018) 
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2873-2874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00878]


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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; Extension of Comment Period

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

ACTION: Notice of proposed regulatory guidance; extension of comment 
period.

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SUMMARY: FMCSA extends the public comment period for the Agency's 
December 19, 2017, notice announcing the proposed regulatory guidance 
concerning the use of a commercial motor vehicle for personal 
conveyance. On December 22, 2017, the American Trucking Associations, 
Inc. (ATA) requested a 30-day extension of the comment period. The 
Agency extends the January 18, 2018, deadline for the submission of 
public comments to February 20, 2018.

DATES: FMCSA extends the comment period for the notice of proposed 
regulatory guidance published on December 19, 2017. You must submit 
comments by February 20, 2018.

ADDRESSES: You may insert comments identified by Federal Docket 
Management System Number FMCSA-2017-0108 by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590, phone (614) 942-6477, email 
MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number listed 
above, indicate the specific section of this document to which your 
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. FMCSA recommends that you include your 
name and a mailing address, an email address, or a phone number in the 
body of your document so that FMCSA can contact you if there are 
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2017-0108, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by

[[Page 2874]]

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 guidance based on your comments.

B. Viewing Comments and Documents

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

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory 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.transportation.gov/privacy.

II. Background

    On December 19, 2017 (82 FR 60269), FMCSA published a notice of 
proposed regulatory guidance concerning the use of a commercial motor 
vehicle (CMV) for 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 
proposed regulatory guidance would revise Question 26 to 49 CFR 395.8.
    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 the December 19, 2017, proposed revision to the guidance, the 
Agency focused 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 revision to the guidance eliminates the requirement that the 
CMV be unladen and thus the disparate impact created by the previous 
guidance.

Request for Extension of the Comment Period

    On December 22, 2017, the American Trucking Associations, Inc. 
(ATA), asked that the Agency provide a 30-day extension of the comment 
period. ATA expressed concern that end-of-year tasks and holiday 
periods might make it difficult for many interested parties to prepare 
comments by the original January 19, deadline. A copy of the ATA 
request is in the docket identified at the beginning of this notice.
    FMCSA acknowledges ATA's concerns. After reviewing the request, 
FMCSA hereby grants a 30-day extension of the comment period to 
February 20, 2018, to provide all interested parties additional time to 
respond to the notice of proposed regulatory guidance.

    Issued on: January 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00878 Filed 1-18-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices 2873 • not to be used for the purpose of Estimated Total Annual Burden: ADDRESSES: You may insert comments substantially informing influential 1,758 hours [833 hours for customer identified by Federal Docket policy decisions; and satisfaction surveys + 200 hours for Management System Number FMCSA– • intended to yield only qualitative listening sessions/stakeholder feedback 2017–0108 by any of the following information; the collections will not be forums + 600 hours for focus groups + methods: designed or expected to yield 125 hours for strategic planning • Federal eRulemaking Portal: http:// statistically reliable results or used as customer satisfaction surveys]. www.regulations.gov. Follow the online though the results are generalized to the Public Comments Invited: You are instructions for submitting comments. population of study. asked to comment on any aspect of this • Mail: Docket Management Facility, This type of generic clearance for information collection, including: (1) U.S. Department of Transportation, 1200 qualitative information will not be used Whether the proposed collection is New Jersey Avenue SE, West Building, for quantitative information collections necessary for the performance of Ground Floor, Room W12–140, that are designed to yield reliably FMCSA’s functions; (2) the accuracy of Washington, DC 20590–0001. actionable results, such as monitoring the estimated burden; (3) ways for • Hand Delivery or Courier: West trends over time or documenting FMCSA to enhance the quality, Building, Ground Floor, Room W12– program performance. Such data uses usefulness, and clarity of the collected 140, 1200 New Jersey Avenue SE, require more rigorous designs that information; and (4) ways that the Washington, DC, between 9 a.m. and 5 address: The target population to which burden could be minimized without p.m., Monday through Friday, except generalizations will be made; the reducing the quality of the collected Federal holidays. sampling frame, the sample design information. The agency will summarize • Fax: (202) 493–2251. (including stratification and clustering), or include your comments in the request To avoid duplication, please use only the precision requirements or power for OMB’s clearance of this information one of these four methods. See the calculations that justify the proposed collection. ‘‘Public Participation and Request for sample size; and the expected response Comments’’ portion of the Issued under the authority of 49 CFR 1.87 rate, methods for assessing potential SUPPLEMENTARY INFORMATION section for on: January 12, 2018. nonresponse bias, the protocols for data instructions on submitting comments. Kelly Regal, collection, and any testing procedures FOR FURTHER INFORMATION CONTACT: Mr. Associate Administrator, Office of Research that were or will be undertaken prior to Thomas Yager, Chief, Driver and Carrier and Information Technology. fielding the study. Depending on the Operations Division, Federal Motor [FR Doc. 2018–00845 Filed 1–18–18; 8:45 am] degree of influence the results are likely Carrier Safety Administration, U.S. BILLING CODE 4910–EX–P to have, such collections may still be Department of Transportation, 1200 eligible for submission for other New Jersey Avenue SE, Washington, DC mechanisms that are designed to yield 20590, phone (614) 942–6477, email DEPARTMENT OF TRANSPORTATION quantitative results. As a general matter, MCPSD@dot.gov. information collections will not result Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION: in any new system of records containing Administration I. Public Participation and Request for privacy information and will not ask Comments questions of a sensitive nature, such as [Docket No. FMCSA–2017–0108] sexual behavior and attitudes, religious A. Submitting Comments Hours of Service of Drivers of beliefs, and other matters that are Commercial Motor Vehicles: Proposed If you submit a comment, please commonly considered private. Regulatory Guidance Concerning the include the docket number listed above, Title: Generic Clearance of Customer Use of a Commercial Motor Vehicle for indicate the specific section of this Satisfaction Surveys. Personal Conveyance; Extension of document to which your comment OMB Control Number: 2126–0061. Comment Period applies, and provide a reason for each Type of Request: Renewal of currently suggestion or recommendation. You approved collection. AGENCY: Federal Motor Carrier Safety may submit your comments and Respondents: State and local agencies, Administration (FMCSA), DOT. material online or by fax, mail, or hand general public and stakeholders; ACTION: Notice of proposed regulatory delivery. FMCSA recommends that you original equipment manufacturers guidance; extension of comment period. include your name and a mailing (OEM) and suppliers to the commercial address, an email address, or a phone motor vehicle (CMV) industry; fleets, SUMMARY: FMCSA extends the public number in the body of your document owner-operators, state CMV safety comment period for the Agency’s so that FMCSA can contact you if there agencies, research organizations and December 19, 2017, notice announcing are questions regarding your contractors; news organizations and the proposed regulatory guidance submission. safety advocacy groups. concerning the use of a commercial To submit your comment online, go to Estimated Number of Respondents: motor vehicle for personal conveyance. http://www.regulations.gov, put the 5,900 [5,000 customer satisfaction On December 22, 2017, the American docket number, FMCSA–2017–0108, in survey respondents + 100 listening Trucking Associations, Inc. (ATA) the keyword box, and click ‘‘Search.’’ sessions/stakeholder feedback forums requested a 30-day extension of the When the new screen appears, click on respondents + 300 focus group comment period. The Agency extends the ‘‘Comment Now!’’ button and type respondents + 500 strategic planning the January 18, 2018, deadline for the your comment into the text box on the daltland on DSKBBV9HB2PROD with NOTICES customer satisfaction survey submission of public comments to following screen. Choose whether you respondents]. February 20, 2018. are submitting your comment as an Estimated Time per Response: Range DATES: FMCSA extends the comment individual or on behalf of a third party from 10–120 minutes. period for the notice of proposed and then submit. Expiration Date: July 31, 2018 regulatory guidance published on If you submit your comments by mail Frequency of Response: Generally, on December 19, 2017. You must submit or hand delivery, submit them in an an annual basis. comments by February 20, 2018. unbound format, no larger than 81⁄2 by VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1

2874 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices 11 inches, suitable for copying and CMVs used to travel ‘‘short distances’’ DEPARTMENT OF THE TREASURY electronic filing. If you submit from a driver’s en route lodgings to comments by mail and would like to restaurants in the vicinity of such Multiemployer Pension Plan know that they reached the facility, lodgings. In addition, the 1997 guidance Application To Reduce Benefits please enclose a stamped, self-addressed explicitly excluded the use of laden AGENCY: Department of the Treasury. postcard or envelope. vehicles as personal conveyance and the FMCSA will consider all comments ACTION:Notice of availability; request operation of the CMV as personal for comments. and material received during the conveyance by drivers who have been comment period and may change this placed out of service for HOS violations. SUMMARY: The Board of Trustees of the guidance based on your comments. The guidance has remained unchanged Alaska Ironworkers Pension Plan, a B. Viewing Comments and Documents since 1997. multiemployer pension plan, has To view comments, go to http:// In the December 19, 2017, proposed submitted an application to reduce www.regulations.gov. Insert the docket revision to the guidance, the Agency benefits under the plan in accordance number, FMCSA–2017–0108, in the with the Multiemployer Pension Reform focused on the reason the driver is keyword box, and click ‘‘Search.’’ Next, Act of 2014. The purpose of this notice operating a CMV while off duty, without click the ‘‘Open Docket Folder’’ button is to announce that the application regard to whether the CMV is or is not and choose the document to review. If submitted by the Board of Trustees of laden. The previous guidance, which the Alaska Ironworkers Pension Plan you do not have access to the internet, required the CMV to be unladen, was you may view the docket online by has been published on the Treasury written for combination vehicles, where website, and to request public visiting the Docket Management Facility the driver could readily detach the in Room W12–140 on the ground floor comments on the application from trailer and use the unladen tractor for interested parties, including of the DOT West Building, 1200 New personal conveyance. This Jersey Avenue SE, Washington, DC participants and beneficiaries, employee interpretation had the inadvertent effect organizations, and contributing 20590, between 9 a.m. and 5 p.m., e.t., of not allowing drivers of single-unit employers of the Alaska Ironworkers Monday through Friday, except Federal holidays. work trucks that carry loads, as well as Pension Plan. tools of trade and related materials, on DATES: Comments must be received by C. Privacy Act the power unit to document this off- March 5, 2018. In accordance with 5 U.S.C. 553(c), duty time on the RODS. In the absence ADDRESSES: You may submit comments DOT solicits comments from the public of a trailer, these loads, tools, and other electronically through the Federal to better inform its regulatory process. equipment cannot reasonably be eRulemaking Portal at http:// DOT posts these comments, without offloaded, left unattended, and reloaded www.regulations.gov, in accordance edit, including any personal information after the power unit has been used for with the instructions on that site. the commenter provides, to personal conveyance. This proposed Electronic submissions through www.regulations.gov, as described in revision to the guidance eliminates the www.regulations.gov are encouraged. the system of records notice (DOT/ALL– requirement that the CMV be unladen Comments may also be mailed to the 14 FDMS), which can be reviewed at and thus the disparate impact created by Department of the Treasury, MPRA www.transportation.gov/privacy. the previous guidance. Office, 1500 Pennsylvania Avenue NW, II. Background Room 1224, Washington, DC 20220. Request for Extension of the Comment Attn: Eric Berger. Comments sent via On December 19, 2017 (82 FR 60269), Period facsimile and email will not be FMCSA published a notice of proposed accepted. regulatory guidance concerning the use On December 22, 2017, the American Trucking Associations, Inc. (ATA), Additional Instructions. All of a commercial motor vehicle (CMV) comments received, including for personal conveyance. This provision asked that the Agency provide a 30-day attachments and other supporting is available to all CMV drivers required extension of the comment period. ATA materials, will be made available to the to record their hours of service (HOS) expressed concern that end-of-year tasks public. Do not include any personally who are permitted by their employer to and holiday periods might make it identifiable information (such as Social use the vehicle for personal use. The difficult for many interested parties to Security number, name, address, or proposed regulatory guidance would prepare comments by the original other contact information) or any other revise Question 26 to 49 CFR 395.8. January 19, deadline. A copy of the ATA information in your comment or The existing guidance on personal request is in the docket identified at the supporting materials that you do not conveyance (49 CFR 395.8, Question 26) beginning of this notice. want publicly disclosed. Treasury will was issued by the Federal Highway make comments available for public Administration (FHWA), FMCSA’s FMCSA acknowledges ATA’s concerns. After reviewing the request, inspection and copying on predecessor agency, in a memorandum www.regulations.gov or upon request. dated November 18, 1996, and later FMCSA hereby grants a 30-day extension of the comment period to Comments posted on the internet can be published in a compilation of guidance retrieved by most internet search (62 FR 16370, 16426, April 4, 1997). The February 20, 2018, to provide all interested parties additional time to engines. guidance reiterated the basic principle that a driver in off-duty status must be respond to the notice of proposed FOR FURTHER INFORMATION CONTACT: For daltland on DSKBBV9HB2PROD with NOTICES relieved from work and all regulatory guidance. information regarding the application responsibility for performing work. It Issued on: January 12, 2018. from the Alaska Ironworkers Pension highlighted the use of the CMV as a Plan, please contact Treasury at [(202) Larry W. Minor, 622–1534] (not a toll-free number). personal conveyance in traveling to and from the place of employment (e.g., the Associate Administrator for Policy. SUPPLEMENTARY INFORMATION: The normal work reporting location). The [FR Doc. 2018–00878 Filed 1–18–18; 8:45 am] Multiemployer Pension Reform Act of 1997 guidance included discussion of BILLING CODE 4910–EX–P 2014 (MPRA) amended the Internal VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1


Document Created: 2018-01-19 02:42:30
Document Modified: 2018-01-19 02:42:30
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 proposed regulatory guidance; extension of comment period.
DatesFMCSA extends the comment period for the notice of proposed regulatory guidance published on December 19, 2017. You must submit comments by February 20, 2018.
ContactMr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, phone (614) 942-6477, email [email protected]
FR Citation83 FR 2873 
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