83 FR 50055 - Hours of Service

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range		50055-50056
FR Document		2018-21628

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 193 (Thursday, October 4, 2018)

[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50055-50056]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21628]


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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 October 10, 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 October 10, 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 shannon.watson@dot.gov,

[[Page 50056]]

[ONE WEEK IN ADVANCE OF THE MEETING], 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, 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 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 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 brian.dahlin@dot.gov. 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 an opportunity for 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: September 27, 2018.
Jim Mullen,
Chief Counsel.
[FR Doc. 2018-21628 Filed 10-3-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules 50055

E. Executive Order 13132 (Federalism) ■ 1. The authority citation for part 10 devices (ELDs) to participate to address
This proposed action has been continues to read as follows: potential implementation issues, should
analyzed in accordance with the Authority: 5 U.S.C. 552a; 49 U.S.C. 322. changes to the HOS rules be made. The
principles and criteria contained in listening session will be held at the U.S.
■ 2. Amend the Appendix to Part 10 by: Department of Transportation in
Executive Order 13132, Federalism, ■ a. In Part II, adding paragraphs A.10,
dated August 4, 1999, and it has been Washington, DC. The listening session
B.4., F.5., and G.2.
determined that it would not have a will be webcast for the benefit of those
The revisions and additions read as
substantial direct effect on, or sufficient not able to attend in person. The
follows:
Federalism implications for, the States, listening session will allow interested
nor would it limit the policymaking APPENDIX TO PART 10— persons to present comments, views,
discretion of the States. Therefore, the EXEMPTIONS and relevant research on topics
preparation of a Federalism Assessment Part II. Specific Exemptions mentioned above. All comments will be
is not necessary. A. * * * transcribed and placed in the
10. Insider Threat Program (DOT/ALL 26), rulemaking docket for the FMCSA’s
F. Executive Order 13084 (Consultation B. * * * consideration.
and Coordination With Indian Tribal 4. Insider Threat Program (DOT/ALL 26).
Governments) DATES: The listening session will be
* * * * * October 10, 2018, in Washington, DC, at
This action has been analyzed in F. * * * the U.S. Department of Transportation,
accordance with the principles and 5. Insider Threat Program (DOT/ALL 26). 1200 New Jersey Avenue SE,
criteria contained in Executive Order * * * * * Washington, DC 20590. The listening
13084 (‘‘Consultation and Coordination G. * * * session will begin at 1 p.m. (EDT) and
with Indian Tribal Governments’’). 2. Insider Threat Program (DOT/ALL 26). end at 3 p.m., or earlier, if all
Because it would not effect on Indian Issued in Washington, DC, on August 17, participants wishing to express their
Tribal Governments, the funding and 2018. views have done so.
consultation requirements of Executive Elaine L. Chao, ADDRESSES: The October 10, 2018,
Order 13084 do not apply.
Secretary. meeting will be held at the U.S.
G. Paperwork Reduction Act [FR Doc. 2018–21440 Filed 10–3–18; 8:45 am] Department of Transportation, 1200
Under the Paperwork Reduction Act BILLING CODE 4910–9X–P New Jersey Avenue SE, Washington, DC
of 1995 (PRA) (44 U.S.C. 3501, et seq.), 20590.
Federal agencies must obtain approval You may submit comments identified
from the Office of Management and DEPARTMENT OF TRANSPORTATION by Docket Number FMCSA–2018–0248
Budget for each collection of using any of the following methods:
information they conduct, sponsor, or
Federal Motor Carrier Safety • Federal eRulemaking Portal: http://
Administration www.regulations.gov. Follow the online
require through regulations. The DOT
has determined that this action would instructions for submitting comments.
not contain a collection of information 49 CFR Part 395 • Mail: Docket Management Facility,
requirement for the purposes of the [Docket No. FMCSA–2018–0248] U.S. Department of Transportation, 1200
PRA. New Jersey Avenue SE, West Building,
RIN 2126–AC19 Ground Floor, Room W12–140,
H. Unfunded Mandates Reform Act Washington, DC 20590–0001.
Hours of Service • Hand Delivery or Courier: West
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. AGENCY: Federal Motor Carrier Safety Building, Ground Floor, Room W12–
104–4, 109 Stat. 48, March 22, 1995) Administration (FMCSA), DOT. 140, 1200 New Jersey Avenue SE,
requires Federal agencies to assess the ACTION: Notice of public listening Washington, DC, between 9 a.m. and 5
effects of certain regulatory actions on session. p.m., Monday through Friday, except
State, local, and tribal governments; and Federal holidays.
the private sector. The UMRA requires SUMMARY: The FMCSA announces that it • Fax: 202–493–2251.
a written statement of economic and will hold a public listening session • Submissions Containing
regulatory alternatives for proposed and concerning potential changes to its Confidential Business Information (CBI):
final rules that contain Federal hours-of-service (HOS) rules for truck Mr. Brian Dahlin, Chief, Regulatory
mandates. A ‘‘Federal mandate’’ is a drivers. On August 23, 2018, FMCSA Analysis Division, 1200 New Jersey
new or additional enforceable duty, published an Advance Notice of Avenue SE, Washington, DC 20590.
imposed on any State, local, or tribal Proposed Rulemaking (ANPRM) seeking To avoid duplication, please use only
Government; or the private sector. If any public comment on four specific aspects one of these four methods. See the
Federal mandate causes those entities to of the HOS rules for which the Agency ‘‘Public Participation and Request for
spend, in aggregate, $143.1 million or is considering changes: The short-haul Comments’’ portion of the
more in any one year (adjusted for HOS limit; the HOS exception for SUPPLEMENTARY INFORMATION section for
inflation), an UMRA analysis is adverse driving conditions; the 30- instructions on submitting comments,
required. This proposed rule would not minute rest break provision; and the including collection of information
impose Federal mandates on any State, split-sleeper berth rule to allow drivers comments for the Office of Information
daltland on DSKBBV9HB2PROD with PROPOSALS

local, or tribal governments; or the to split their required time in the sleeper and Regulatory Affairs, OMB.
private sector. berth. In addition, the Agency requested FOR FURTHER INFORMATION CONTACT: For
public comment on petitions for special accommodations for the HOS
List of Subjects in 49 CFR Part 10
rulemaking from the Owner-Operator listening session, such as sign language
Penalties, Privacy. Independent Drivers Association interpretation, contact Ms. Shannon L.
In consideration of the foregoing, DOT (OOIDA) and TruckerNation.org Watson, Senior Advisor to the Associate
proposes to amend part 10 of title 49, (TruckerNation). The Agency Administrator for Policy, (202) 385–
Code of Federal Regulations, as follows: encourages vendors of electronic logging 2395 or at shannon.watson@dot.gov,

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Document Created: 2018-10-04 02:02:32
Document Modified: 2018-10-04 02:02:32

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 session.
Dates		The listening session will be October 10, 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.
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], [ONE WEEK IN ADVANCE OF THE MEETING], 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 Citation		83 FR 50055
RIN Number		2126-AC19

83 FR 50055 - Hours of Service

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 193 (October 4, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration