83 FR 48787 - Hours of Service
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 188 (September 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 188 (September 27, 2018)
| Page Range | 48787-48788 | |
| FR Document | 2018-21087 |
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)] [Proposed Rules] [Pages 48787-48788] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21087] ----------------------------------------------------------------------- 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 sessions. ----------------------------------------------------------------------- SUMMARY: The FMCSA announces two additional public listening sessions on 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 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 sessions will be held in Orlando, FL, and in Joplin, MO, and will be webcast for the benefit of those not able to attend in person. The listening sessions will allow interested persons to present comments, views, and relevant research on topics mentioned above. All comments will be transcribed and placed in the rulemaking docket for the FMCSA's consideration. DATES: The listening sessions will be September 28, 2018, in Joplin, MO, from 3:30-5 p.m., CDT, and on October 2, 2018, in Orlando, FL, from 9:30-11:30 a.m., EDT. The sessions will end earlier if all participants wishing to express their views have done so. ADDRESSES: The September 28, 2018, session will be held at 4 State Trucks, 4579 MO-43, Joplin, MO 64804. The October 2, 2018, session will be held at MetroPlan Orlando, 250 S Orange Ave., Suite 200, Orlando, FL 32801. 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 Evaluation 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 sessions, such as sign language interpretation, contact Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 385-2395 or [email protected], two weeks in advance of each session to allow us to arrange for such services. For information on the listening sessions, [[Page 48788]] please contact Ms. Watson. 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 to the ANPRM and associated listening sessions, 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 associated listening sessions. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey Avenue SE, Washington, DC 20590, or via email at [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 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 sessions will provide interested persons an opportunity 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 sessions are open to the public. Speakers' remarks will be limited to 2 minutes each. The public may submit material to the FMCSA staff at each session for inclusion in the public docket, FMCSA-2018-0248. The sessions will be webcast live in their entirety, providing the opportunity for remote participation via the internet. For information on participating in the live webcasts, please go to www.fmcsa.dot.gov. IV. Questions for Discussion During the Listening Sessions 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: September 24, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018-21087 Filed 9-26-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules 48787
consistent with constitutional due preventing these transactions from and in Joplin, MO, and will be webcast
process requirements, e.g., by providing taking place efficiently? for the benefit of those not able to attend
an appropriate opportunity for post- 15. FMCSA specifically seeks in person. The listening sessions will
deprivation review. FMCSA invites comment on how the Agency should allow interested persons to present
comments responsive to this issue, analyze various requirements for a comments, views, and relevant research
including documented incidence of possible NPRM to meet the on topics mentioned above. All
actual nonpayment that occurred after requirements of E.O. 12866 and 13771, comments will be transcribed and
problem brokers or freight forwarder and how the Agency could limit placed in the rulemaking docket for the
were not ‘‘immediately’’ suspended. possible burdens on regulated entities. FMCSA’s consideration.
6. FMCSA seeks comment on the 16. FMCSA requests comments on DATES: The listening sessions will be
appropriate cushion time for brokers or any other aspects of implementing September 28, 2018, in Joplin, MO, from
freight forwarders to respond to claims section 32918 that may be necessary and 3:30–5 p.m., CDT, and on October 2,
made to the guarantors, valid or how these areas could be implemented 2018, in Orlando, FL, from 9:30–11:30
otherwise. Such a grace period would in a way that would not divert scarce a.m., EDT. The sessions will end earlier
seem to give firms adequate time to safety oversight resources. if all participants wishing to express
adjudicate claims and settlements 17. FMCSA requests comment on the their views have done so.
internally, as well as price in the costs small business impacts of its suggested ADDRESSES: The September 28, 2018,
associated with any claims relating to courses of action in this ANPRM. session will be held at 4 State Trucks,
contract noncompliance. Issued under the authority of delegation in 4579 MO–43, Joplin, MO 64804. The
7. The Agency seeks comments on the 49 CFR 1.87: September 21, 2018. October 2, 2018, session will be held at
how ‘‘financial failure or insolvency’’ Raymond P. Martinez, MetroPlan Orlando, 250 S Orange Ave.,
and ‘‘publicly advertise’’ should be Administrator. Suite 200, Orlando, FL 32801.
defined under MAP–21 Section 32918. [FR Doc. 2018–21052 Filed 9–26–18; 8:45 am] You may submit comments identified
8. The Agency seeks input on the BILLING CODE 4910–EX–P by Docket Number FMCSA–2018–0248
development of surety suspension using any of the following methods:
procedures authorized pursuant to 49 • Federal eRulemaking Portal: http://
U.S.C. 13906(b)(7) and (c)(8). DEPARTMENT OF TRANSPORTATION www.regulations.gov. Follow the online
9. The Agency requests comments instructions for submitting comments.
regarding whether FMCSA should Federal Motor Carrier Safety • Mail: Docket Management Facility,
require BMC–85 trust fund providers to Administration U.S. Department of Transportation, 1200
be licensed as trust providers and how New Jersey Avenue SE, West Building,
49 CFR 387.307(c)(7) (loan or finance 49 CFR Part 395 Ground Floor, Room W12–140,
company) could be amended to ensure Washington, DC 20590–0001.
[Docket No. FMCSA–2018–0248]
that adequate monitoring of BMC–85 • Hand Delivery or Courier: West
providers’ ability to pay claims is taking RIN 2126–AC19 Building, Ground Floor, Room W12–
place. 140, 1200 New Jersey Avenue SE,
10. The Agency anticipates the need Hours of Service Washington, DC, between 9 a.m. and 5
for revisions to the BMC–84 and BMC– AGENCY: Federal Motor Carrier Safety p.m., Monday through Friday, except
85 forms if rulemaking is proposed. Administration (FMCSA), DOT. Federal holidays.
FMCSA requests comments to identify ACTION: Notice of public listening
• Fax: 202–493–2251.
suggested changes to the forms. sessions. • Submissions Containing
11. FMCSA seeks information on Confidential Business Information (CBI):
whether HHG brokers and freight SUMMARY: The FMCSA announces two Mr. Brian Dahlin, Chief, Regulatory
forwarders should be regulated additional public listening sessions on Evaluation Division, 1200 New Jersey
differently than general property brokers potential changes to its hours-of-service Avenue SE, Washington, DC 20590.
and freight forwarders in a rulemaking (HOS) rules for truck drivers. On August To avoid duplication, please use only
on broker/freight forwarder financial 23, 2018, FMCSA published an Advance one of these four methods. See the
responsibility. Notice of Proposed Rulemaking ‘‘Public Participation and Request for
12. FMCSA solicits comments to help (ANPRM) seeking public comment on Comments’’ portion of the
determine whether there is a unique four specific aspects of the HOS rules SUPPLEMENTARY INFORMATION section for
market structure in the HHG broker for which the Agency is considering instructions on submitting comments,
market that might suggest the need for changes: The short-haul HOS limit; the including collection of information
additional fraud protections for shippers HOS exception for adverse driving comments for the Office of Information
utilizing HHG brokers. conditions; the 30-minute rest break and Regulatory Affairs, OMB.
13. FMCSA seeks information on the provision; and the sleeper berth rule to FOR FURTHER INFORMATION CONTACT: For
prevailing payment models and allow drivers to split their required time special accommodations for the HOS
payment flows among HHG shippers, in the sleeper berth. In addition, the listening sessions, such as sign language
motor carriers and brokers. Agency requested public comment on interpretation, contact Ms. Shannon L.
14. While noting the MAP–21 petitions for rulemaking from the Watson, Senior Advisor to the Associate
requirements, FMCSA is seeking Owner-Operator Independent Drivers Administrator for Policy, Federal Motor
daltland on DSKBBV9HB2PROD with PROPOSALS
comment on whether the market is Association (OOIDA) and Carrier Safety Administration, U.S.
capable of addressing these issues. For TruckerNation.org (TruckerNation). The Department of Transportation, 1200
example, if a broker/freight forwarder Agency encourages vendors of New Jersey Avenue SE, Washington, DC
has a history of noncompliance with electronic logging devices (ELDs) to 20590, at (202) 385–2395 or
contracts, would surety/trust firms be participate to address potential shannon.watson@dot.gov, two weeks in
less likely to back them or charge a implementation issues should changes advance of each session to allow us to
higher premium/trust management fee? to the HOS rules be made. The listening arrange for such services. For
Is there a market failure that is sessions will be held in Orlando, FL, information on the listening sessions,
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![48788 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules
please contact Ms. Watson. For designated as CBI and meeting the ANPRM provides an opportunity for
information concerning the HOS rules, definition noted above will not be additional discussion of each of these
contact Mr. Tom Yager, Chief, Driver placed in the public docket for the topics. The listening sessions will
and Carrier Operations Division, (202) ANPRM and associated listening provide interested persons an
366–4325, mcpsd@dot.gov. sessions. Submissions containing CBI opportunity to share their views on
SUPPLEMENTARY INFORMATION: should be sent to Mr. Brian Dahlin, these topics with representatives of the
Chief, Regulatory Evaluation Division, Agency. The Agency encourages ELD
I. Public Participation and Request for 1200 New Jersey Avenue SE, vendors to participate to address
Comments Washington, DC 20590, or via email at potential implementation issues should
A. Submitting Comments brian.dahlin@dot.gov. Any commentary changes to the HOS rules be made.
that FMCSA receives which is not
If you submit a comment, please specifically designated as CBI will be III. Meeting Participation
include the docket number for this placed in the public docket for this The listening sessions are open to the
ANPRM (Docket No. FMCSA–2018– rulemaking. public. Speakers’ remarks will be
0248), indicate the specific section of FMCSA will consider all comments limited to 2 minutes each. The public
this document to which each section and material received during the may submit material to the FMCSA staff
applies, and provide a reason for each comment period for the ANPRM. at each session for inclusion in the
suggestion or recommendation. You public docket, FMCSA–2018–0248. The
may submit your comments and B. Viewing Comments and Documents
sessions will be webcast live in their
material online or by fax, mail, or hand To view comments, as well as any entirety, providing the opportunity for
delivery, but please use only one of documents mentioned in this preamble remote participation via the internet.
these means. FMCSA recommends that as being available in the docket, go to For information on participating in the
you include your name and a mailing http://www.regulations.gov. Insert the live webcasts, please go to
address, an email address, or a phone docket number, FMCSA–2018–0248, in www.fmcsa.dot.gov.
number in the body of your document the keyword box, and click ‘‘Search.’’
so that FMCSA can contact you if there Next, click the ‘‘Open Docket Folder’’ IV. Questions for Discussion During the
are questions regarding your button and choose the document to Listening Sessions
submission. review. If you do not have access to the In preparing their comments, meeting
To submit your comment online, go to internet, you may view the docket participants should consider the
http://www.regulations.gov, put the online by visiting the Docket questions posed in the ANPRM about
docket number, FMCSA–2018–0248, in Management Facility in Room W12–140 the current HOS requirements. Answers
the keyword box, and click ‘‘Search.’’ on the ground floor of the DOT West to these questions should be based upon
When the new screen appears, click on Building, 1200 New Jersey Avenue SE, the experience of the participants and
the ‘‘Comment Now!’’ button and type Washington, DC 20590, between 9 a.m. any data or information they can share
your comment into the text box on the and 5 p.m., e.t., Monday through Friday, with FMCSA.
following screen. Choose whether you except Federal holidays. Issued on: September 24, 2018.
are submitting your comment as an
individual or on behalf of a third party C. Privacy Act Cathy F. Gautreaux,
and then submit. In accordance with 5 U.S.C. 553(c), Deputy Administrator.
If you submit your comments by mail DOT solicits comments from the public [FR Doc. 2018–21087 Filed 9–26–18; 8:45 am]
or hand delivery, submit them in an to better inform its rulemaking process. BILLING CODE 4910–EX–P
unbound format, no larger than 81⁄2 by DOT posts these comments, without
11 inches, suitable for copying and edit, including any personal information
electronic filing. If you submit the commenter provides, to DEPARTMENT OF COMMERCE
comments by mail and would like to www.regulations.gov, as described in
know that they reached the facility, the system of records notice (DOT/ALL– National Oceanic and Atmospheric
please enclose a stamped, self-addressed 14 FDMS), which can be reviewed at Administration
postcard or envelope. www.dot.gov/privacy.
FMCSA will consider all comments 50 CFR Part 622
II. Background
and material received during the [Docket No. 180720681–8681–01]
comment period for the ANPRM. Late On August 23, 2018 (83 FR 42631),
comments will be considered to the FMCSA published an ANPRM RIN 0648–BI38
extent practicable. concerning potential changes to its
hours-of-service rules. The ANPRM Snapper-Grouper Fishery of the South
Confidential Business Information indicated the Agency is considering Atlantic Region; Management
Confidential Business Information changes in four areas of the HOS rules: Measures To End Overfishing of
(CBI) is commercial or financial the short-haul HOS limit [49 CFR Golden Tilefish
information that is customarily not 395.1(e)(1)(ii)(A)]; the HOS exception AGENCY: National Marine Fisheries
made available to the public by the for adverse driving conditions Service (NMFS), National Oceanic and
submitter. Under the Freedom of [§ 395.1(b)(1)]; the 30-minute rest break Atmospheric Administration (NOAA),
Information Act, CBI is eligible for provision [§ 395.3(a)(3)(ii)]; and the Commerce.
daltland on DSKBBV9HB2PROD with PROPOSALS
protection from public disclosure. If you sleeper berth rule to allow drivers to ACTION: Proposed rule; request for
have CBI that is relevant or responsive split their required time in the sleeper comments.
to the ANPRM and associated listening berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In
sessions, it is important that you clearly addition, the Agency requested public SUMMARY: NMFS proposes to implement
designate the submitted comments as comment on petitions for rulemaking management measures described in
CBI. Accordingly, please mark each from the Owner-Operator Independent Regulatory Amendment 28 to the
page of your submission as Drivers Association (OOIDA) and Fishery Management Plan for the
‘‘confidential’’ or ‘‘CBI.’’ Submissions TruckerNation.org (TruckerNation). The Snapper-Grouper Fishery of the South
VerDate Sep<11>2014 16:28 Sep 26, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\27SEP1.SGM 27SEP1](https://thefederalregister.org/doc/83_FR_48975/page/2.svg)
Document Created: 2018-09-27 01:05:04
Document Modified: 2018-09-27 01:05:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of public listening sessions. | |
| Dates | The listening sessions will be September 28, 2018, in Joplin, MO, from 3:30-5 p.m., CDT, and on October 2, 2018, in Orlando, FL, from 9:30-11:30 a.m., EDT. The sessions will end earlier if all participants wishing to express their views have done so. | |
| Contact | For special accommodations for the HOS listening sessions, such as sign language interpretation, contact Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 385-2395 or [email protected], two weeks in advance of each session to allow us to arrange for such services. For information on the listening sessions, please contact Ms. Watson. For information concerning the HOS rules, contact Mr. Tom Yager, Chief, Driver and Carrier Operations Division, (202) 366-4325, [email protected] | |
| FR Citation | 83 FR 48787 | |
| RIN Number | 2126-AC19 |
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