83_FR_54152 83 FR 53945 - Agency Information Collection Activities; New Information Collection: Crash Risk by Commercial Motor Vehicle Driver Schedules

83 FR 53945 - Agency Information Collection Activities; New Information Collection: Crash Risk by Commercial Motor Vehicle Driver Schedules

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53945-53947
FR Document2018-23334

In accordance with the Paperwork Reduction Act of 1995, the Federal Motor Carrier Safety Administration (FMCSA) announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. This ICR is associated with FMCSA's study to investigate how commercial motor vehicle (CMV) drivers' schedules impact overall driver performance and safety. FMCSA needs these data to answer important research questions related to driver schedules and how these affect overall driver performance and fatigue.

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018)
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53945-53947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23334]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0279]


Agency Information Collection Activities; New Information 
Collection: Crash Risk by Commercial Motor Vehicle Driver Schedules

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Federal Motor Carrier Safety Administration (FMCSA) announces its plan 
to submit the Information Collection Request (ICR) described below to 
the Office of Management and Budget (OMB) for its review and approval 
and invites public comment. This ICR is associated with FMCSA's study 
to investigate how commercial motor vehicle (CMV) drivers' schedules 
impact overall driver performance and safety. FMCSA needs these data to 
answer important research questions related to driver schedules and how 
these affect overall driver performance and fatigue.

DATES: We must receive your comments on or before December 24, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2018-0279 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; 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: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. e.t., 
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments, see 
the Public Participation heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Theresa Hallquist, Research Division, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. 
Telephone: 202-366-1064; email theresa.hallquist@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The preamble of FMCSA's December 27, 2011, Hours-of-Service (HOS) 
of Drivers Final Rule states, ``FMCSA is committed to conducting a

[[Page 53946]]

comprehensive analysis of the relative crash risk by driving hour and 
the impact of the changes in the HOS provisions in today's final rule. 
The Agency plans to match data collected from driver logs with crash 
information to determine the level of crash risk by hours of driving. 
The Agency also plans to estimate, for similarly situated drivers, the 
difference in crash risk after restarts that include two nights and 
those that do not. FMCSA will work with the OMB on the methodologies of 
these new statistical data collections'' 76 FR 81134, 81135-81136.
    Further, a 2015 report by the National Academies of Sciences, 
Engineering, and Medicine, ``Research Needs on CMV Driver Fatigue, 
Long-Term Health and Highway Safety,'' recommended that: ``FMCSA should 
incentivize those who capture driver performance data (e.g., large 
fleets, independent trucking associations, companies that collect 
telematics data, insurance companies, researchers) to increase the 
availability of those data relevant to research issues of operators' 
fatigue, hours of service, and highway safety. Any such efforts should 
ensure that data confidentiality is maintained, perhaps through 
restricted access arrangements or use of statistical techniques for 
disclosure protection. Clearly, such carrier-collected data could offer 
a rich opportunity for analysis of various questions of interest 
concerning HOS regulations, fatigue, and crash frequency. If data from 
a number of large carriers across the commercial trucking industry 
could be collected, organized in a database, and made available to 
researchers, these data could represent an important segment of the 
trucking industry'' (pg. 188-189).
    FMCSA needs additional data to answer important questions related 
to driver schedules and how these factors impact overall driver 
performance and fatigue. This effort will continue data collection 
previously initiated in the first phase of the project, and collect 
additional information to improve FMCSA's decision-making regarding 
various aspects of the HOS provisions, how HOS provisions are being 
used, and the impact of driver schedules on crash risk. The purpose of 
the first phase of this project was to pilot test methodologies to 
collect HOS and crash data from nine carriers. The current effort, 
titled ``Crash Risk by Commercial Motor Vehicle Driver Schedules'', 
will expand the data collection effort to 44 carriers (which accounts 
for potential carrier attrition) and use these data to analyze how HOS 
provisions are being used and the impact of driver schedules on crash 
risk (i.e., determine crash risk ratios for various aspects of the HOS 
provisions). In Phase I, the research team primarily targeted CMV 
carriers with more than 1,000 power units. Drivers at the nine 
participating carriers were involved in a total of 6,318 crashes, 
including 3,035 preventable, 585 FMCSA-reportable, 195 injuries, and 14 
fatal crashes. The electronic logging device (ELD) data from the nine 
carriers contained a total of 60,933,691 duty entries (i.e., changes in 
driver duty status) and 4,226,737 total days with log entries (from 
36,369 different drivers) over six months (with one carrier submitting 
data for 12 month). Of the duty entries, there were 25,047,200 driving 
entries, 2,243,276 sleeper berth entries, 21,668,911 on-duty (not 
driving) entries, and 9,531,505 off-duty entries. To obtain the 
statistical power needed to answer the below research questions, the 
Phase I data set will be combined with the new data collected in Phase 
II.
    The objective of the study is to collect HOS and crash data to 
analyze how HOS provisions are being used and the effect of driver 
schedules on crash risk (i.e., determine crash risk ratios for various 
aspects of HOS provisions). Specifically, the data collected will be 
able to address the following research questions: (i) What is the 
relative crash risk by hour of driving (e.g., the number of total 
crashes by hour/the number of drivers by hour of driving); (ii) what is 
the relative crash risk by hour of driving per week (e.g., the number 
of crashes by hour of driving/the number of drivers by hour of driving 
per week); (iii) what is the relative crash risk of driving breaks 
(e.g., comparison of crash rates for drivers who take no breaks 
compared to drivers who take one and two 30-minute breaks in one day); 
(iv) what is the relative crash risk as a function of recovery periods 
that contain one period between 1 a.m. and 5 a.m. compared to two 
periods between 1 a.m. and 5 a.m. and as a function of weekly working 
hours before and after a 34-hour restart (i.e., compare the relative 
crash risk of schedules with more opportunities for restorative sleep 
during the natural circadian low); and (v) how each of the HOS 
provisions is being used?
    FMCSA has determined that the proposed data collection schedule is 
necessary to complete the study; currently, there is limited existing 
data that can be used for this project. The Phase I data set only 
included nine carriers with no vehicle or Motor Carrier Management 
Information System (MCMIS) data. Although the Phase I data set is 
valuable, it is insufficient to answer the research questions required 
in this project. Data will be collected electronically from each 
participating carrier every 6 months for 3 years. Less frequent data 
collection of information would result in lost data as most carriers 
only retain the most recent 6 months of ELD data (as required by 
FMCSA). Thus, there would be gaps in driver duty status data that would 
limit the data analyses.
    FMCSA proposes that the data collected in the study, after being 
de-identified, be made available to the public (using a legend and 
anonymous reference to the carriers and drivers in the data set) via 
FMCSA's Data Repository. Confidentiality protections will be carefully 
utilized, as further discussed in section 10 of the supporting 
statement associated with this information collection. FMCSA seeks 
comment on this proposal.
    Title: Crash Risk by Commercial Motor Vehicle Driver Schedules.
    OMB Control Number: 2126-NEW.
    Type of Request: New information collection.
    Respondents: Commercial motor vehicle carriers with 100 or more 
power units.
    Estimated Number of Respondents: At least 44 commercial motor 
vehicle carriers. Recruitment will focus on 40 commercial motor vehicle 
carriers and anticipate a 10 percent attrition rate over the three 
years. Thus, a total of 44 commercial motor vehicle carriers over the 
three years.
    Estimated Time per Response: The carriers that participate in the 
study are expected to see a burden up to 58 hours over 3 years (if they 
participate for the full three years).
     Review of study material and grant permission (1 response 
x 2 hours/response or 2 hours).
     Compile existing datasets (7 responses x 6 hours/response 
or 42 hours).
     Anonymize existing dataset (7 responses x 1 hour/response 
or 7 hours).
     Transfer existing datasets (7 responses x 1 hour/response 
or 7 hours)
    Expiration Date: Three years after approval.
    Frequency of Response: Data will be collected every 6 months for 3 
years.
    Estimated Total Annual Burden: The estimated total annual burden is 
776 hours across the 44 carriers. It is estimated that one national-
level manager from each of the 44 participating carriers will bear the 
burden of participating in the study. Each carrier already maintains 
each of the requested data sets; carriers will not be required to 
collect new data or maintain new data sets. Instead, the participating 
carrier burden is associated with reviewing study materials; granting 
permission to

[[Page 53947]]

participate; and compiling, anonymizing, and transferring the carrier-
owned, existing crash, ELD, driver, and vehicle data sets a total of 
seven times (i.e., initial data collection plus every 6 months for 3 
years). Reviewing the study materials and granting permission to 
participate in the study is estimated to take each carrier 2 hours (one 
time response; 44 total responses). Carriers are estimated to spend 
approximately 6 hours compiling the existing data sets (per response; 7 
total responses), 1 hour anonymizing the existing data sets (per 
response; 7 total responses), and 1 hour transferring the existing data 
sets to the research team (per response; 7 total responses); however, 
there are only 40 responses for these tasks as carriers that withdraw 
from the study are replaced with new carriers (e.g., Carrier A 
withdraws after 4 responses and Carrier B replaces Carrier A for the 
remaining 3 responses).
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The agency will summarize or include your 
comments in the request for OMB's clearance of this information 
collection.

    Issued under the authority of 49 CFR 1.87 on: October 17, 2018.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2018-23334 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                           Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices                                           53945

                                               2016–0222, FMCSA–2016–0023. Their                       regulation that conflicts with this                   New Jersey Avenue SE, West Building,
                                               exemptions are applicable as of                         exemption with respect to a person                    Ground Floor, Room W12–140,
                                               November 22, 2018, and will expire on                   operating under the exemption.                        Washington, DC 20590–0001.
                                               November 22, 2020.                                                                                               • Hand Delivery or Courier: U.S.
                                                 As of November 26, 2018, and in                       VII. Conclusion
                                                                                                                                                             Department of Transportation, 1200
                                               accordance with 49 U.S.C. 31136(e) and                    Based upon its evaluation of the 150                New Jersey Avenue SE, West Building,
                                               31315, the following nine individuals                   exemption applications, FMCSA renews                  Ground Floor, Room W12–140,
                                               have satisfied the renewal conditions for               the exemptions of the aforementioned                  Washington, DC 20590–0001 between 9
                                               obtaining an exemption from the rule                    drivers from the rule prohibiting drivers             a.m. and 5 p.m. e.t., Monday through
                                               prohibiting drivers with ITDM from                      with ITDM from driving CMVs in                        Friday, except Federal holidays.
                                               driving CMVs in interstate commerce                     interstate commerce. In accordance with                  Instructions: All submissions must
                                               (77 FR 59447):                                          49 U.S.C. 31136(e) and 31315, each                    include the Agency name and docket
                                               Charles E. Castle (OH)                                  exemption will be valid for two years                 number. For detailed instructions on
                                               Larry W. Dearing (IN)                                   unless revoked earlier by FMCSA.                      submitting comments, see the Public
                                               Bradley E. DeWitt (WA)                                    Issued on: October 17, 2018.                        Participation heading below. Note that
                                               Leonard R. Dobosenski (MN)                                                                                    all comments received will be posted
                                                                                                       Larry W. Minor,
                                               Michael L. Kiefer (SD)                                                                                        without change to http://
                                               Marcus J. Kyle (IA)                                     Associate Administrator for Policy.
                                                                                                                                                             www.regulations.gov, including any
                                               Robert C. Moore (PA)                                    [FR Doc. 2018–23331 Filed 10–24–18; 8:45 am]
                                                                                                                                                             personal information provided. Please
                                               Jedediaha C. Record (WY)                                BILLING CODE 4910–EX–P
                                               Jessie L. Webster (KY)                                                                                        see the Privacy Act heading below.
                                                                                                                                                                Docket: For access to the docket to
                                                 The drivers were included in docket                                                                         read background documents or
                                               number FMCSA–2012–0281. Their                           DEPARTMENT OF TRANSPORTATION
                                                                                                                                                             comments received, go to http://
                                               exemptions are applicable as of                                                                               www.regulations.gov, and follow the
                                               November 26, 2018, and will expire on                   Federal Motor Carrier Safety
                                                                                                       Administration                                        online instructions for accessing the
                                               November 26, 2020.                                                                                            dockets, or go to the street address listed
                                               V. Conditions and Requirements                          [Docket No. FMCSA–2018–0279]                          above.
                                                  The exemptions are extended subject                                                                           Privacy Act: In accordance with 5
                                                                                                       Agency Information Collection
                                               to the following conditions: (1) Each                                                                         U.S.C. 553(c), DOT solicits comments
                                                                                                       Activities; New Information Collection:
                                               driver must submit a quarterly                                                                                from the public to better inform its
                                                                                                       Crash Risk by Commercial Motor
                                               monitoring checklist completed by the                                                                         rulemaking process. DOT posts these
                                                                                                       Vehicle Driver Schedules
                                               treating endocrinologist as well as an                                                                        comments, without edit, including any
                                               annual checklist with a comprehensive                   AGENCY: Federal Motor Carrier Safety                  personal information the commenter
                                               medical evaluation; (2) each driver must                Administration (FMCSA), DOT.                          provides, to www.regulations.gov, as
                                               report within two business days of                      ACTION: Notice and request for                        described in the system of records
                                               occurrence, all episodes of severe                      comments.                                             notice (DOT/ALL–14 FDMS), which can
                                               hypoglycemia, significant                                                                                     be reviewed at www.dot.gov/privacy.
                                                                                                       SUMMARY:    In accordance with the                       Public Participation: The Federal
                                               complications, or inability to manage
                                                                                                       Paperwork Reduction Act of 1995, the                  eRulemaking Portal is available 24
                                               diabetes; also, any involvement in an
                                                                                                       Federal Motor Carrier Safety                          hours each day, 365 days each year. You
                                               accident or any other adverse event in
                                                                                                       Administration (FMCSA) announces its                  can obtain electronic submission and
                                               a CMV or personal vehicle, whether or
                                                                                                       plan to submit the Information                        retrieval help and guidelines under the
                                               not it is related to an episode of
                                                                                                       Collection Request (ICR) described                    ‘‘help’’ section of the Federal
                                               hypoglycemia; (3) each driver must
                                                                                                       below to the Office of Management and                 eRulemaking Portal website. If you want
                                               submit an annual ophthalmologist’s or
                                                                                                       Budget (OMB) for its review and                       us to notify you that we received your
                                               optometrist’s report; and (4) each driver
                                                                                                       approval and invites public comment.                  comments, please include a self-
                                               must provide a copy of the annual
                                                                                                       This ICR is associated with FMCSA’s                   addressed, stamped envelope or
                                               medical certification to the employer for
                                                                                                       study to investigate how commercial                   postcard, or print the acknowledgement
                                               retention in the driver’s qualification
                                                                                                       motor vehicle (CMV) drivers’ schedules                page that appears after submitting
                                               file, or keep a copy in his/her driver’s
                                                                                                       impact overall driver performance and                 comments online. Comments received
                                               qualification file if he/she is self-
                                                                                                       safety. FMCSA needs these data to                     after the comment closing date will be
                                               employed. The driver must also have a
                                                                                                       answer important research questions                   included in the docket and will be
                                               copy of the exemption when driving, for
                                                                                                       related to driver schedules and how                   considered to the extent practicable.
                                               presentation to a duly authorized
                                                                                                       these affect overall driver performance               FOR FURTHER INFORMATION CONTACT:
                                               Federal, State, or local enforcement
                                                                                                       and fatigue.                                          Theresa Hallquist, Research Division,
                                               official. The exemption will be
                                               rescinded if: (1) The person fails to                   DATES: We must receive your comments                  Department of Transportation, Federal
                                               comply with the terms and conditions                    on or before December 24, 2018.                       Motor Carrier Safety Administration,
                                               of the exemption; (2) the exemption has                 ADDRESSES: You may submit comments                    1200 New Jersey Avenue SE,
                                               resulted in a lower level of safety than                identified by Federal Docket                          Washington, DC 20590. Telephone:
                                               was maintained before it was granted; or                Management System (FDMS) Docket                       202–366–1064; email theresa.hallquist@
                                               (3) continuation of the exemption would                 Number FMCSA–2018–0279 using any                      dot.gov.
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                                               not be consistent with the goals and                    of the following methods:                             SUPPLEMENTARY INFORMATION:
                                               objectives of 49 U.S.C. 31136(e) and                      • Federal eRulemaking Portal: http://
                                                                                                       www.regulations.gov. Follow the online                Background
                                               31315.
                                                                                                       instructions for submitting comments.                   The preamble of FMCSA’s December
                                               VI. Preemption                                            • Fax: 1–202–493–2251.                              27, 2011, Hours-of-Service (HOS) of
                                                  During the period the exemption is in                  • Mail: Docket Operations; U.S.                     Drivers Final Rule states, ‘‘FMCSA is
                                               effect, no State shall enforce any law or               Department of Transportation, 1200                    committed to conducting a


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                                               53946                       Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices

                                               comprehensive analysis of the relative                  ratios for various aspects of the HOS                 carrier every 6 months for 3 years. Less
                                               crash risk by driving hour and the                      provisions). In Phase I, the research                 frequent data collection of information
                                               impact of the changes in the HOS                        team primarily targeted CMV carriers                  would result in lost data as most carriers
                                               provisions in today’s final rule. The                   with more than 1,000 power units.                     only retain the most recent 6 months of
                                               Agency plans to match data collected                    Drivers at the nine participating carriers            ELD data (as required by FMCSA). Thus,
                                               from driver logs with crash information                 were involved in a total of 6,318                     there would be gaps in driver duty
                                               to determine the level of crash risk by                 crashes, including 3,035 preventable,                 status data that would limit the data
                                               hours of driving. The Agency also plans                 585 FMCSA-reportable, 195 injuries,                   analyses.
                                               to estimate, for similarly situated                     and 14 fatal crashes. The electronic                     FMCSA proposes that the data
                                               drivers, the difference in crash risk after             logging device (ELD) data from the nine               collected in the study, after being de-
                                               restarts that include two nights and                    carriers contained a total of 60,933,691              identified, be made available to the
                                               those that do not. FMCSA will work                      duty entries (i.e., changes in driver duty            public (using a legend and anonymous
                                               with the OMB on the methodologies of                    status) and 4,226,737 total days with log             reference to the carriers and drivers in
                                               these new statistical data collections’’                entries (from 36,369 different drivers)               the data set) via FMCSA’s Data
                                               76 FR 81134, 81135–81136.                               over six months (with one carrier                     Repository. Confidentiality protections
                                                  Further, a 2015 report by the National               submitting data for 12 month). Of the                 will be carefully utilized, as further
                                               Academies of Sciences, Engineering,                     duty entries, there were 25,047,200                   discussed in section 10 of the
                                               and Medicine, ‘‘Research Needs on                       driving entries, 2,243,276 sleeper berth              supporting statement associated with
                                               CMV Driver Fatigue, Long-Term Health                    entries, 21,668,911 on-duty (not driving)             this information collection. FMCSA
                                               and Highway Safety,’’ recommended                       entries, and 9,531,505 off-duty entries.              seeks comment on this proposal.
                                               that: ‘‘FMCSA should incentivize those                  To obtain the statistical power needed                   Title: Crash Risk by Commercial
                                               who capture driver performance data                     to answer the below research questions,               Motor Vehicle Driver Schedules.
                                               (e.g., large fleets, independent trucking               the Phase I data set will be combined                    OMB Control Number: 2126–NEW.
                                               associations, companies that collect                    with the new data collected in Phase II.                 Type of Request: New information
                                               telematics data, insurance companies,                      The objective of the study is to collect           collection.
                                               researchers) to increase the availability               HOS and crash data to analyze how                        Respondents: Commercial motor
                                               of those data relevant to research issues               HOS provisions are being used and the                 vehicle carriers with 100 or more power
                                               of operators’ fatigue, hours of service,                effect of driver schedules on crash risk              units.
                                               and highway safety. Any such efforts                    (i.e., determine crash risk ratios for                   Estimated Number of Respondents: At
                                               should ensure that data confidentiality                 various aspects of HOS provisions).                   least 44 commercial motor vehicle
                                               is maintained, perhaps through                          Specifically, the data collected will be              carriers. Recruitment will focus on 40
                                               restricted access arrangements or use of                able to address the following research                commercial motor vehicle carriers and
                                               statistical techniques for disclosure                   questions: (i) What is the relative crash             anticipate a 10 percent attrition rate
                                               protection. Clearly, such carrier-                      risk by hour of driving (e.g., the number             over the three years. Thus, a total of 44
                                               collected data could offer a rich                       of total crashes by hour/the number of                commercial motor vehicle carriers over
                                               opportunity for analysis of various                     drivers by hour of driving); (ii) what is             the three years.
                                               questions of interest concerning HOS                    the relative crash risk by hour of driving               Estimated Time per Response: The
                                               regulations, fatigue, and crash                         per week (e.g., the number of crashes by              carriers that participate in the study are
                                               frequency. If data from a number of                     hour of driving/the number of drivers by              expected to see a burden up to 58 hours
                                               large carriers across the commercial                    hour of driving per week); (iii) what is              over 3 years (if they participate for the
                                               trucking industry could be collected,                   the relative crash risk of driving breaks             full three years).
                                               organized in a database, and made                       (e.g., comparison of crash rates for                     • Review of study material and grant
                                               available to researchers, these data                    drivers who take no breaks compared to                permission (1 response × 2 hours/
                                               could represent an important segment of                 drivers who take one and two 30-minute                response or 2 hours).
                                               the trucking industry’’ (pg. 188–189).                  breaks in one day); (iv) what is the                     • Compile existing datasets (7
                                                  FMCSA needs additional data to                       relative crash risk as a function of                  responses × 6 hours/response or 42
                                               answer important questions related to                   recovery periods that contain one period              hours).
                                               driver schedules and how these factors                  between 1 a.m. and 5 a.m. compared to                    • Anonymize existing dataset (7
                                               impact overall driver performance and                   two periods between 1 a.m. and 5 a.m.                 responses × 1 hour/response or 7 hours).
                                               fatigue. This effort will continue data                 and as a function of weekly working                      • Transfer existing datasets (7
                                               collection previously initiated in the                  hours before and after a 34-hour restart              responses × 1 hour/response or 7 hours)
                                               first phase of the project, and collect                 (i.e., compare the relative crash risk of                Expiration Date: Three years after
                                               additional information to improve                       schedules with more opportunities for                 approval.
                                               FMCSA’s decision-making regarding                       restorative sleep during the natural                     Frequency of Response: Data will be
                                               various aspects of the HOS provisions,                  circadian low); and (v) how each of the               collected every 6 months for 3 years.
                                               how HOS provisions are being used,                      HOS provisions is being used?                            Estimated Total Annual Burden: The
                                               and the impact of driver schedules on                      FMCSA has determined that the                      estimated total annual burden is 776
                                               crash risk. The purpose of the first                    proposed data collection schedule is                  hours across the 44 carriers. It is
                                               phase of this project was to pilot test                 necessary to complete the study;                      estimated that one national-level
                                               methodologies to collect HOS and crash                  currently, there is limited existing data             manager from each of the 44
                                               data from nine carriers. The current                    that can be used for this project. The                participating carriers will bear the
                                               effort, titled ‘‘Crash Risk by Commercial               Phase I data set only included nine                   burden of participating in the study.
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                                               Motor Vehicle Driver Schedules’’, will                  carriers with no vehicle or Motor Carrier             Each carrier already maintains each of
                                               expand the data collection effort to 44                 Management Information System                         the requested data sets; carriers will not
                                               carriers (which accounts for potential                  (MCMIS) data. Although the Phase I                    be required to collect new data or
                                               carrier attrition) and use these data to                data set is valuable, it is insufficient to           maintain new data sets. Instead, the
                                               analyze how HOS provisions are being                    answer the research questions required                participating carrier burden is
                                               used and the impact of driver schedules                 in this project. Data will be collected               associated with reviewing study
                                               on crash risk (i.e., determine crash risk               electronically from each participating                materials; granting permission to


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                                                                           Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices                                          53947

                                               participate; and compiling,                             with insulin-treated diabetes mellitus                comments from the public (71 FR
                                               anonymizing, and transferring the                       (ITDM) from operating commercial                      32177; 71 FR 45097; 75 FR 36775; 75 FR
                                               carrier-owned, existing crash, ELD,                     motor vehicles (CMVs) in interstate                   50797; 77 FR 36333; 77 FR 40941; 77 FR
                                               driver, and vehicle data sets a total of                commerce. The exemptions enable these                 46791; 77 FR 51845; 79 FR 41723; 79 FR
                                               seven times (i.e., initial data collection              individuals with ITDM to continue to                  56105; 81 FR 91242). The public
                                               plus every 6 months for 3 years).                       operate CMVs in interstate commerce.                  comment period ended on August 16,
                                               Reviewing the study materials and                       DATES: Each group of renewed                          2018, and one comment was received.
                                               granting permission to participate in the               exemptions were applicable on the                        As stated in the previous notice,
                                               study is estimated to take each carrier 2               dates stated in the discussions below                 FMCSA has evaluated the eligibility of
                                               hours (one time response; 44 total                      and will expire on the dates stated in                these applicants and determined that
                                               responses). Carriers are estimated to                   the discussions below.                                renewing these exemptions would
                                               spend approximately 6 hours compiling                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                             achieve a level of safety equivalent to or
                                               the existing data sets (per response; 7                 Christine A. Hydock, Chief, Medical                   greater than the level that would be
                                               total responses), 1 hour anonymizing                    Programs Division, 202–366–4001,                      achieved by complying with the current
                                               the existing data sets (per response; 7                 fmcsamedical@dot.gov, FMCSA,                          regulation 49 CFR 391.41(b)(3).
                                               total responses), and 1 hour transferring                                                                        The physical qualification standard
                                                                                                       Department of Transportation, 1200
                                               the existing data sets to the research                                                                        for drivers regarding diabetes found in
                                                                                                       New Jersey Avenue SE, Room W64–224,
                                               team (per response; 7 total responses);                                                                       49 CFR 391.41(b)(3) states that a person
                                                                                                       Washington, DC 20590–0001. Office
                                               however, there are only 40 responses for                                                                      is physically qualified to drive a CMV
                                                                                                       hours are from 8:30 a.m. to 5:30 p.m.,
                                               these tasks as carriers that withdraw                                                                         if that person has no established
                                                                                                       ET, Monday through Friday, except
                                               from the study are replaced with new                                                                          medical history or clinical diagnosis of
                                                                                                       Federal holidays. If you have questions
                                               carriers (e.g., Carrier A withdraws after                                                                     diabetes mellitus currently requiring
                                                                                                       regarding viewing or submitting
                                               4 responses and Carrier B replaces                                                                            insulin for control.
                                                                                                       material to the docket, contact Docket
                                               Carrier A for the remaining 3 responses).               Services, telephone (202) 366–9826.                   III. Discussion of Comments
                                                  Public Comments Invited: You are                     SUPPLEMENTARY INFORMATION:
                                               asked to comment on any aspect of this                                                                           FMCSA received one comments in
                                               information collection, including: (1)                  I. Public Participation                               this preceding. Henry Duke submitted a
                                               Whether the proposed collection is                                                                            comment supporting evaluation of
                                                                                                       A. Viewing Documents and Comments                     commercial drivers with ITDM, at
                                               necessary for the performance of
                                               FMCSA’s functions; (2) the accuracy of                     To view comments, as well as any                   minimum by a physician familiar with
                                               the estimated burden; (3) ways for                      documents mentioned in this notice as                 the Medical Qualifications for
                                               FMCSA to enhance the quality,                           being available in the docket, go to                  Commercial Drivers. The commenter
                                               usefulness, and clarity of the collected                http://www.regulations.gov. Insert the                voiced disagreement with the current
                                               information; and (4) ways that the                      docket number, FMCSA–2006–24210;                      regulation regarding insulin use, and
                                               burden could be minimized without                       FMCSA–2010–0162; FMCSA–2012–                          suggested that ITDM should not be a
                                               reducing the quality of the collected                   0162; FMCSA–2012–0163; FMCSA–                         disqualifying condition. Finally, the
                                               information. The agency will summarize                  2014–0018, in the keyword box, and                    commenter voiced the concern that
                                               or include your comments in the request                 click ‘‘Search.’’ Next, click the ‘‘Open              drivers may not disclose their insulin
                                               for OMB’s clearance of this information                 Docket Folder’’ button and choose the                 use to the certifying Medical Examiner.
                                                                                                       document to review. If you do not have                   On September 19, 2018, FMCSA
                                               collection.
                                                                                                       access to the internet, you may view the              published the Qualifications of Drivers;
                                                 Issued under the authority of 49 CFR 1.87             docket online by visiting the Docket                  Diabetes Standard final rule, removing
                                               on: October 17, 2018.                                                                                         the blanket prohibition of insulin use
                                                                                                       Management Facility in Room W12–140
                                               Kelly Regal,                                                                                                  and adopting a revised physical
                                                                                                       on the ground floor of the DOT West
                                               Associate Administrator for Office of                   Building, 1200 New Jersey Avenue SE,                  qualification standard for operators of
                                               Research and Information Technology.                                                                          CMV with ITDM (83 FR 47448). The
                                                                                                       Washington, DC 20590, between 9 a.m.
                                               [FR Doc. 2018–23334 Filed 10–24–18; 8:45 am]                                                                  revised regulation eliminates the need
                                                                                                       and 5 p.m., ET, Monday through Friday,
                                               BILLING CODE 4910–EX–P                                  except Federal holidays.                              for a Federal diabetes exemption and
                                                                                                                                                             allows certified medical examiners, in
                                                                                                       B. Privacy Act                                        consultation with the individual’s
                                               DEPARTMENT OF TRANSPORTATION                              In accordance with 5 U.S.C. 553(c),                 treating clinician and use of the new
                                                                                                       DOT solicits comments from the public                 Insulin Treated Diabetes Mellitus Form,
                                               Federal Motor Carrier Safety
                                                                                                       to better inform its rulemaking process.              MCSA–5870, to evaluate and determine
                                               Administration
                                                                                                       DOT posts these comments, without                     whether to grant an ITDM individual a
                                               [Docket No. FMCSA–2006–24210; FMCSA–                    edit, including any personal information              medical examiner’s certificate (MEC).
                                               2010–0162; FMCSA–2012–0162; FMCSA–                      the commenter provides, to                            Federal exemptions are currently being
                                               2012–0163; FMCSA–2014–0018]                             www.regulations.gov, as described in                  granted to individuals that applied prior
                                                                                                       the system of records notice (DOT/ALL–                to the publication date, such as those in
                                               Qualification of Drivers; Exemption
                                                                                                       14 FDMS), which can be reviewed at                    this notice, to ensure that they can
                                               Applications; Diabetes
                                                                                                       www.dot.gov/privacy.                                  continue to drive until the final rule is
                                               AGENCY: Federal Motor Carrier Safety                                                                          effective on November 19, 2018.
                                                                                                       II. Background
                                               Administration (FMCSA), DOT.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          On July 17, 2018, FMCSA published                  IV. Conclusion
                                               ACTION: Notice of final disposition.
                                                                                                       a notice announcing its decision to                      Based on its evaluation of the 94
                                               SUMMARY:  FMCSA announces its                           renew exemptions for 94 individuals                   renewal exemption applications and
                                               decision to renew exemptions for 94                     from the insulin-treated diabetes                     comments received, FMCSA confirms
                                               individuals from its prohibition in the                 mellitus prohibition in 49 CFR                        its’ decision to exempt the following
                                               Federal Motor Carrier Safety                            391.41(b)(3) to operate a CMV in                      drivers from the rule prohibiting drivers
                                               Regulations (FMCSRs) against persons                    interstate commerce and requested                     with ITDM from driving CMVs in


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Document Created: 2018-10-25 01:43:16
Document Modified: 2018-10-25 01:43:16
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 and request for comments.
DatesWe must receive your comments on or before December 24, 2018.
ContactTheresa Hallquist, Research Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-1064; email [email protected]
FR Citation83 FR 53945 

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