83_FR_45377 83 FR 45204 - Hours of Service

83 FR 45204 - Hours of Service

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 173 (September 6, 2018)

Page Range45204-45205
FR Document2018-19255

The FMCSA announces that it will hold a public listening session concerning potential changes to its hours-of-service (HOS) rules for truck drivers. On August 23, 2018, FMCSA published an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on four specific aspects of the HOS rules for which the Agency is considering changes: The short-haul HOS limit; the HOS exception for adverse driving conditions; the 30-minute rest break provision; and the split- sleeper berth rule to allow drivers to split their required time in the sleeper berth. In addition, the Agency requested public comment on petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and TruckerNation.org (TruckerNation). The Agency encourages vendors of electronic logging devices (ELDs) to participate to address potential implementation issues should changes to the HOS rules be made. The listening session will be held at the U.S. Department of Transportation in Washington, DC. The listening session will be webcast for the benefit of those not able to attend in person. The listening session will allow interested persons to present comments, views, and relevant research on topics mentioned above. All comments will be transcribed and placed in the rulemaking docket for the FMCSA's consideration.

Federal Register, Volume 83 Issue 173 (Thursday, September 6, 2018)
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Proposed Rules]
[Pages 45204-45205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19255]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2018-0248]
RIN 2126-AC19


Hours of Service

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

ACTION: Notice of public listening session.

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SUMMARY: The FMCSA announces that it will hold a public listening 
session concerning potential changes to its hours-of-service (HOS) 
rules for truck drivers. On August 23, 2018, FMCSA published an Advance 
Notice of Proposed Rulemaking (ANPRM) seeking public comment on four 
specific aspects of the HOS rules for which the Agency is considering 
changes: The short-haul HOS limit; the HOS exception for adverse 
driving conditions; the 30-minute rest break provision; and the split-
sleeper berth rule to allow drivers to split their required time in the 
sleeper berth. In addition, the Agency requested public comment on 
petitions for rulemaking from the Owner-Operator Independent Drivers 
Association (OOIDA) and TruckerNation.org (TruckerNation). The Agency 
encourages vendors of electronic logging devices (ELDs) to participate 
to address potential implementation issues should changes to the HOS 
rules be made. The listening session will be held at the U.S. 
Department of Transportation in Washington, DC. The listening session 
will be webcast for the benefit of those not able to attend in person. 
The listening session will allow interested persons to present 
comments, views, and relevant research on topics mentioned above. All 
comments will be transcribed and placed in the rulemaking docket for 
the FMCSA's consideration.

DATES: The listening session will be September 14, 2018, in Washington, 
DC, at the U.S. Department of Transportation, 1200 New Jersey Avenue 
SE, Washington, DC 20590. The listening session will begin at 1 p.m. 
(EDT) and end at 3 p.m., or earlier, if all participants wishing to 
express their views have done so.

ADDRESSES: The September 14, 2018, meeting will be held at the U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590.
    You may submit comments identified by Docket Number FMCSA-2018-0248 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
     Submissions Containing Confidential Business Information 
(CBI): Mr. Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: For special accommodations for the HOS 
listening session, such as sign language interpretation, contact Ms. 
Shannon L. Watson, Senior Advisor to the Associate Administrator for 
Policy, (202) 385-2395 or at [email protected], by Wednesday, 
September 5, 2018, to allow us to arrange for such services. There is 
no guarantee that interpreter services requested on short notice can be 
provided. For information concerning the HOS rules, contact Mr. Tom 
Yager, Chief, Driver and Carrier Operations Division, (202) 366-4325, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
ANPRM (Docket No. FMCSA-2018-0248), indicate the specific section of 
this document to which each section applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2018-0248, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period for the ANPRM. Late comments will be considered to the 
extent practicable.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the public by the 
submitter. Under the Freedom of Information Act, CBI is eligible for 
protection from public disclosure. If you have CBI that is relevant or 
responsive

[[Page 45205]]

to the ANPRM and this listening session, it is important that you 
clearly designate the submitted comments as CBI. Accordingly, please 
mark each page of your submission as ``confidential'' or ``CBI.'' 
Submissions designated as CBI and meeting the definition noted above 
will not be placed in the public docket for the ANPRM and this 
listening session. Submissions containing CBI should be sent to Mr. 
Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New Jersey 
Avenue SE, Washington, DC 20590 or [email protected]. Any commentary 
that FMCSA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.
    FMCSA will consider all comments and material received during the 
comment period for the ANPRM.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0248, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal 
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

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

III. Meeting Participation

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

IV. Questions for Discussion During the Listening Session

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

    Issued on: August 30, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-19255 Filed 9-5-18; 8:45 am]
BILLING CODE 4910-EX-P



                                                 45204               Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Proposed Rules

                                                 FOR FURTHER INFORMATION CONTACT:                        (TruckerNation). The Agency                           Administrator for Policy, (202) 385–
                                                 Anita Blaine, CRB Program Specialist,                   encourages vendors of electronic logging              2395 or at shannon.watson@dot.gov, by
                                                 by telephone at (202) 707–7658 or email                 devices (ELDs) to participate to address              Wednesday, September 5, 2018, to allow
                                                 at crb@loc.gov.                                         potential implementation issues should                us to arrange for such services. There is
                                                 SUPPLEMENTARY INFORMATION: On                           changes to the HOS rules be made. The                 no guarantee that interpreter services
                                                 Monday, July 30, 2018, the Judges                       listening session will be held at the U.S.            requested on short notice can be
                                                 published in the Federal Register for                   Department of Transportation in                       provided. For information concerning
                                                 comment modified proposed regulations                   Washington, DC. The listening session                 the HOS rules, contact Mr. Tom Yager,
                                                 to require affected cable operators to pay              will be webcast for the benefit of those              Chief, Driver and Carrier Operations
                                                 a Sports Surcharge royalty. In FR Doc.                  not able to attend in person. The                     Division, (202) 366–4325, mcpsd@
                                                 2018–16175 appearing on page 36509                      listening session will allow interested               dot.gov.
                                                 the following correction is made:                       persons to present comments, views,                   SUPPLEMENTARY INFORMATION:
                                                    In the ADDRESSES section the docket                  and relevant research on topics
                                                 number by which commenters were to                      mentioned above. All comments will be                 I. Public Participation and Request for
                                                 identify their comments and objections                  transcribed and placed in the                         Comments
                                                 is changed from ‘‘17–CRB–0001–BER                       rulemaking docket for the FMCSA’s                     A. Submitting Comments
                                                 (2019–2023)’’ to read ‘‘15–CRB–0010–                    consideration.
                                                                                                                                                                 If you submit a comment, please
                                                 CA–S’’. The Judges hereby correct that                  DATES: The listening session will be                  include the docket number for this
                                                 docket number and reopen the comment                    September 14, 2018, in Washington, DC,                ANPRM (Docket No. FMCSA–2018–
                                                 period for fourteen days to give any                    at the U.S. Department of                             0248), indicate the specific section of
                                                 interested parties who were unable to                   Transportation, 1200 New Jersey                       this document to which each section
                                                 file comments because of the incorrect                  Avenue SE, Washington, DC 20590. The                  applies, and provide a reason for each
                                                 docket number a chance to submit                        listening session will begin at 1 p.m.                suggestion or recommendation. You
                                                 comments.                                               (EDT) and end at 3 p.m., or earlier, if all           may submit your comments and
                                                   Dated: August 30, 2018.                               participants wishing to express their                 material online or by fax, mail, or hand
                                                 David R. Strickler,                                     views have done so.                                   delivery, but please use only one of
                                                 Copyright Royalty Judge.                                ADDRESSES: The September 14, 2018,                    these means. FMCSA recommends that
                                                 [FR Doc. 2018–19217 Filed 9–5–18; 8:45 am]              meeting will be held at the U.S.                      you include your name and a mailing
                                                 BILLING CODE 1410–72–P
                                                                                                         Department of Transportation, 1200                    address, an email address, or a phone
                                                                                                         New Jersey Avenue SE, Washington, DC                  number in the body of your document
                                                                                                         20590.                                                so that FMCSA can contact you if there
                                                                                                            You may submit comments identified                 are questions regarding your
                                                 DEPARTMENT OF TRANSPORTATION                            by Docket Number FMCSA–2018–0248                      submission.
                                                 Federal Motor Carrier Safety                            using any of the following methods:                     To submit your comment online, go to
                                                                                                            • Federal eRulemaking Portal: http://              http://www.regulations.gov, put the
                                                 Administration
                                                                                                         www.regulations.gov. Follow the online                docket number, FMCSA–2018–0248, in
                                                                                                         instructions for submitting comments.                 the keyword box, and click ‘‘Search.’’
                                                 49 CFR Part 395                                            • Mail: Docket Management Facility,                When the new screen appears, click on
                                                 [Docket No. FMCSA–2018–0248]                            U.S. Department of Transportation, 1200               the ‘‘Comment Now!’’ button and type
                                                                                                         New Jersey Avenue SE, West Building,                  your comment into the text box on the
                                                 RIN 2126–AC19
                                                                                                         Ground Floor, Room W12–140,                           following screen. Choose whether you
                                                 Hours of Service                                        Washington, DC 20590–0001.                            are submitting your comment as an
                                                                                                            • Hand Delivery or Courier: West                   individual or on behalf of a third party
                                                 AGENCY:  Federal Motor Carrier Safety                   Building, Ground Floor, Room W12–                     and then submit.
                                                 Administration (FMCSA), DOT.                            140, 1200 New Jersey Avenue SE,                         If you submit your comments by mail
                                                 ACTION: Notice of public listening                      Washington, DC, between 9 a.m. and 5                  or hand delivery, submit them in an
                                                 session.                                                p.m., Monday through Friday, except                   unbound format, no larger than 81⁄2 by
                                                                                                         Federal holidays.                                     11 inches, suitable for copying and
                                                 SUMMARY:    The FMCSA announces that it                    • Fax: 202–493–2251.                               electronic filing. If you submit
                                                 will hold a public listening session                       • Submissions Containing                           comments by mail and would like to
                                                 concerning potential changes to its                     Confidential Business Information (CBI):              know that they reached the facility,
                                                 hours-of-service (HOS) rules for truck                  Mr. Brian Dahlin, Chief, Regulatory                   please enclose a stamped, self-addressed
                                                 drivers. On August 23, 2018, FMCSA                      Analysis Division, 1200 New Jersey                    postcard or envelope.
                                                 published an Advance Notice of                          Avenue SE, Washington, DC 20590.                        FMCSA will consider all comments
                                                 Proposed Rulemaking (ANPRM) seeking                        To avoid duplication, please use only              and material received during the
                                                 public comment on four specific aspects                 one of these four methods. See the                    comment period for the ANPRM. Late
                                                 of the HOS rules for which the Agency                   ‘‘Public Participation and Request for                comments will be considered to the
                                                 is considering changes: The short-haul                  Comments’’ portion of the                             extent practicable.
                                                 HOS limit; the HOS exception for                        SUPPLEMENTARY INFORMATION section for
                                                 adverse driving conditions; the 30-                     instructions on submitting comments,                  Confidential Business Information
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 minute rest break provision; and the                    including collection of information                     Confidential Business Information
                                                 split-sleeper berth rule to allow drivers               comments for the Office of Information                (CBI) is commercial or financial
                                                 to split their required time in the sleeper             and Regulatory Affairs, OMB.                          information that is customarily not
                                                 berth. In addition, the Agency requested                FOR FURTHER INFORMATION CONTACT: For                  made available to the public by the
                                                 public comment on petitions for                         special accommodations for the HOS                    submitter. Under the Freedom of
                                                 rulemaking from the Owner-Operator                      listening session, such as sign language              Information Act, CBI is eligible for
                                                 Independent Drivers Association                         interpretation, contact Ms. Shannon L.                protection from public disclosure. If you
                                                 (OOIDA) and TruckerNation.org                           Watson, Senior Advisor to the Associate               have CBI that is relevant or responsive


                                            VerDate Sep<11>2014   16:04 Sep 05, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\06SEP1.SGM   06SEP1


                                                                     Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Proposed Rules                                                45205

                                                 to the ANPRM and this listening                         Washington, DC 20590, between 9 a.m.                  provide interested persons to share their
                                                 session, it is important that you clearly               and 5 p.m., e.t., Monday through Friday,              views on these topics with
                                                 designate the submitted comments as                     except Federal holidays.                              representatives of the Agency. The
                                                 CBI. Accordingly, please mark each                                                                            Agency encourages ELD vendors to
                                                                                                         C. Privacy Act
                                                 page of your submission as                                                                                    participate to address potential
                                                 ‘‘confidential’’ or ‘‘CBI.’’ Submissions                  In accordance with 5 U.S.C. 553(c),                 implementation issues should changes
                                                 designated as CBI and meeting the                       DOT solicits comments from the public                 to the HOS rules be made.
                                                 definition noted above will not be                      to better inform its rulemaking process.
                                                                                                         DOT posts these comments, without                     III. Meeting Participation
                                                 placed in the public docket for the
                                                 ANPRM and this listening session.                       edit, including any personal information
                                                                                                                                                                  The listening session is open to the
                                                 Submissions containing CBI should be                    the commenter provides, to
                                                                                                                                                               public. Speakers’ remarks will be
                                                 sent to Mr. Brian Dahlin, Chief,                        www.regulations.gov, as described in
                                                                                                                                                               limited to 2 minutes each. The public
                                                 Regulatory Analysis Division, 1200 New                  the system of records notice (DOT/ALL–
                                                                                                         14 FDMS), which can be reviewed at                    may submit material to the FMCSA staff
                                                 Jersey Avenue SE, Washington, DC                                                                              at the session for inclusion in the public
                                                 20590 or brian.dahlin@dot.gov. Any                      www.dot.gov/privacy.
                                                                                                                                                               docket, FMCSA–2018–0248. The
                                                 commentary that FMCSA receives                          II. Background                                        session will be webcast in its entirety,
                                                 which is not specifically designated as                                                                       providing the opportunity for remote
                                                                                                            On August 23, 2018 (83 FR 42631),
                                                 CBI will be placed in the public docket                                                                       participation via the internet. For
                                                                                                         FMCSA published an ANPRM
                                                 for this rulemaking.                                                                                          information on participating in the live
                                                                                                         concerning potential changes to its
                                                    FMCSA will consider all comments                     hours-of-service rules. The ANPRM                     webcast, please go to
                                                 and material received during the                        indicated the Agency is considering                   www.fmcsa.dot.gov.
                                                 comment period for the ANPRM.                           changes in four areas of the HOS rules:               IV. Questions for Discussion During the
                                                 B. Viewing Comments and Documents                       The short-haul HOS limit [49 CFR                      Listening Session
                                                                                                         395.1(e)(1)(ii)(A)]; the HOS exception
                                                   To view comments, as well as any                      for adverse driving conditions                          In preparing their comments, meeting
                                                 documents mentioned in this preamble                    [§ 395.1(b)(1)]; the 30-minute rest break             participants should consider the
                                                 as being available in the docket, go to                 provision [§ 395.3(a)(3)(ii)]; and the                questions posed in the ANPRM about
                                                 http://www.regulations.gov. Insert the                  split-sleeper berth rule to allow drivers             the current HOS requirements. Answers
                                                 docket number, FMCSA–2018–0248, in                      to split their required time in the sleeper           to these questions should be based upon
                                                 the keyword box, and click ‘‘Search.’’                  berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In           the experience of the participants and
                                                 Next, click the ‘‘Open Docket Folder’’                  addition, the Agency requested public                 any data or information they can share
                                                 button and choose the document to                       comment on petitions for rulemaking                   with FMCSA.
                                                 review. If you do not have access to the                from the Owner-Operator Independent
                                                                                                                                                                 Issued on: August 30, 2018.
                                                 internet, you may view the docket                       Drivers Association (OOIDA) and
                                                 online by visiting the Docket                           TruckerNation.org (TruckerNation). The                Raymond P. Martinez,
                                                 Management Facility in Room W12–140                     ANPRM provides an opportunity for                     Administrator.
                                                 on the ground floor of the DOT West                     additional discussion of each of these                [FR Doc. 2018–19255 Filed 9–5–18; 8:45 am]
                                                 Building, 1200 New Jersey Avenue SE,                    topics. The listening session will                    BILLING CODE 4910–EX–P
daltland on DSKBBV9HB2PROD with PROPOSALS




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Document Created: 2018-09-05 23:56:08
Document Modified: 2018-09-05 23:56:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of public listening session.
DatesThe listening session will be September 14, 2018, in Washington, DC, at the U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. The listening session will begin at 1 p.m. (EDT) and end at 3 p.m., or earlier, if all participants wishing to express their views have done so.
ContactFor special accommodations for the HOS listening session, such as sign language interpretation, contact Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, (202) 385-2395 or at [email protected], by Wednesday, September 5, 2018, to allow us to arrange for such services. There is no guarantee that interpreter services requested on short notice can be provided. For information concerning the HOS rules, contact Mr. Tom Yager, Chief, Driver and Carrier Operations Division, (202) 366-4325, [email protected]
FR Citation83 FR 45204 
RIN Number2126-AC19

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