[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Proposed Rules]
[Pages 5324-5325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2084]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385, 386, 390, and 395

[Docket No. FMCSA-2004-19608]
RIN 2126-AB26


Hours of Service of Drivers

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

ACTION: Notice of public listening session and on-line comment and 
question session.

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SUMMARY: FMCSA announces that it will hold a public listening session 
to solicit comments and information on its notice of proposed 
rulemaking (NPRM) on hours-of-service (HOS) requirements, which it 
published in the Federal Register on December 29, 2010. Specifically, 
the Agency wants to know what factors, issues, and data it should 
consider as it analyzes responses to its NPRM on HOS requirements for 
property-carrying commercial motor vehicle (CMV) drivers. The session, 
which will be held in Arlington, Virginia, will allow interested 
persons to present comments, views, and relevant new research that 
FMCSA should consider in its final rule. All comments will be 
transcribed and placed in the rulemaking docket for FMCSA's 
consideration. FMCSA also announces that it will hold an on-line 
comment and question session on the same day, a transcript of which 
will also be placed in the rulemaking docket.

DATES: The listening session will be February 17, 2011, in Arlington, 
VA (near Washington, DC). The listening session will begin at 10 a.m. 
and end at 5 p.m. e.t., or earlier, if all participants wishing to 
express their views have done so. The on-line comment and question 
session will be held from Noon to Midnight e.t.

ADDRESSES: The February 17, 2011, meeting will be held at the Crowne 
Plaza Washington National Airport, 1480 Crystal Drive, Arlington, VA 
22202. The hotel telephone number is 800-972-3159.
    Internet Address for Alternative Media Broadcasts During and 
Immediately After the Listening Session. FMCSA will post specific 
information on how to participate via the Internet and telephone on the 
FMCSA Web site at http://www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx.
    You may submit comments bearing the Federal Docket Management 
System (FDMS) Docket ID FMCSA-2004-19608 using any of the following 
methods.
    <bullet> Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> 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. e.t., Monday through Friday, except Federal Holidays.
    <bullet> Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to http://www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or visit Room 
W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
If you want acknowledgment that we received your comments, please 
include a self-addressed, stamped envelope or postcard or print the 
acknowledgement page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System published in the Federal Register on January 17, 2008 
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: For information concerning the HOS 
rules, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier 
Operations Division, (202) 366-4325.
    If you need sign language assistance to participate in this HOS 
listening session, contact Mr. David Miller, FMCSA Regulatory 
Development Division, (202) 366-5370 or at <a href="/cdn-cgi/l/email-protection#43050e0010023126243003272c376d242c35"><span class="__cf_email__" data-cfemail="8accc7c9d9cbf8efedf9caeee5fea4ede5fc">[email protected]</span></a>, by 
Thursday,

[[Page 5325]]

February 10, 2011, to allow us to arrange for such services. There is 
no guarantee that interpreter services requested on short notice can be 
provided.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 25, 2010, FMCSA submitted a draft HOS NPRM to OMB and on 
December 29, 2010, published the NPRM (75 FR 82170). The NPRM proposed 
to revise the regulations for hours of service for drivers of property-
carrying commercial motor vehicles (CMVs).

II. Meeting Participation and Information FMCSA Seeks From the Public

    The listening session is open to the public. Speakers' remarks will 
be limited to 5 minutes each. The public may submit material to the 
FMCSA staff at the session for inclusion in the public docket, FMCSA-
2004-19608.
    The Agency seeks data and answers relating to the following issues 
and questions. The comments sought below may be submitted in written 
form at the session and summarized verbally, if desired.
    1. Driving Time. FMCSA is seeking additional studies or data that 
examine in greater detail the fatigue and safety differences between 
driving in the 10th and 11th hours. FMCSA is also interested in data 
that indicate when and how frequently the 11th hour is used. It seeks 
data on how much of the 11th hour is used when a driver goes beyond the 
10th hour.
    1a. For example, on days in which the driver both picks up and 
delivers a truckload, how often does the driver reach the 11th hour of 
driving?
    1b. When the driver drives over 10 hours, is it by 5 minutes or by 
55 minutes?
    1c. What is the percentage of driving that takes place in each hour 
compared to total driving that occurs?
    2. Duty Time/Driving Window. FMCSA is soliciting information on 
patterns of work for night drivers:
    2a. For drivers who always drive at night, what is the typical 
length of their duty day?
    2b. For drivers who sometimes drive at night, how frequently do 
they do that?
    2c. FMCSA is seeking comments on whether drivers who drive at least 
3 hours between midnight and 6 a.m. should have an hour less duty time 
available (12 hours rather than 13) to provide a longer period to 
obtain sleep.
    3. Time-On-Task (TOT) Function. The Agency seeks comment on whether 
its approach to estimating its TOT function is reasonable given the 
lack of good exposure data. The Agency is interested in any suggestions 
for improving its approach for estimating TOT effects, especially 
information on where it might obtain better data on exposure and other 
driver characteristics that would enable it to improve its estimation 
of how or whether crash risk varies over successive hours of daily 
driving.
    4. Cumulative Fatigue. The Agency seeks comment on whether its 
methodology for evaluating cumulative fatigue and its impact on driving 
performance is reasonable. The Agency also welcomes further information 
on the effects of cumulative fatigue, particularly in the form of 
scientific studies or data that would allow better evaluation of 
cumulative fatigue and its impact on workplace safety, driver safety 
performance, and productivity.

III. Alternative Media Broadcasts During and Immediately After the 
Listening Session on February 17, 2011

    FMCSA will Web cast the listening session on the Internet and will 
have telephone lines available for those wishing to participate by 
telephone. FMCSA will also open a window on its Web site for commenters 
to send in comments and questions. That session will be open from Noon 
e.t. through Midnight e.t. During the separate Internet question and 
comment session, FMCSA representatives will respond to questions and 
provide clarification on the NPRM, subject to Administrative Procedure 
Act restrictions which prohibit Agency officials from engaging in 
policy discussions about open rulemaking proceedings. Specific 
information on how to participate via the Internet and the telephone 
access number will be on the FMCSA Web site at http://www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-Listening-Sessions.aspx.
    FMCSA will docket the transcripts from the Internet comment and 
question session, as well as the webcast transcript and a separate 
transcription of the listening session that will be prepared by an 
official court reporter.

    Issued on: January 26, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-2084 Filed 1-28-11; 8:45 am]
BILLING CODE 4910-EX-P


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