Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Proposed Rules 42631 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590, at 

(202) 385–2395, or via email: 

shannon.watson@dot.gov. 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 81⁄2 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 Brian Dahlin, Chief, 

Regulatory Analysis Division, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, or via email: 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 21, 2018, FMCSA issued 

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 

[§ 395.1(b)(1)]; the 30-minute rest break 

provision [§ 395.3(a)(3)(ii)]; and the 

split-sleeper berth rule to allow drivers 

to split their required time in the sleeper 

berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In 

addition, the Agency requested public 

comment on petitions for rulemaking 

from the Owner-Operator Independent 

Drivers Association (OOIDA) and 

TruckerNation.org (TruckerNation). The 

ANPRM provides an opportunity for 

additional discussion of each of these 

topics. The listening session will 

provide interested persons to share their 

views on these topics with 

representatives of the Agency. The 

Agency encourages ELD vendors to 

participate to address potential 

implementation issues should changes 

to the HOS rules be made. 

III. Meeting Participation 

The listening session is open to the 

public. Speakers’ remarks will be 

limited to 10 minutes each. The public 

may submit material to the FMCSA staff 

at each session for inclusion in the 

public docket, FMCSA–2018–0248. The 

session will be webcast live in its 

entirety, providing the opportunity for 

remote participation via the internet. 

For information on participating in the 

live webcast, please go to 

www.fmcsa.dot.gov. 

IV. Questions for Discussion During the 

Listening Session 

In preparing their comments, meeting 

participants should consider the 

questions posed in the ANPRM about 

the current HOS requirements. Answers 

to these questions should be based upon 

the experience of the participants and 

any data or information they can share 

with FMCSA. 

Issued on: August 21, 2018. 

Cathy F. Gautreaux, 

Deputy Administrator. 

[FR Doc. 2018–18380 Filed 8–21–18; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2018–0248] 

RIN 2126–AC19 

Hours of Service of Drivers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: The introduction of electronic 

logging devices and their ability to 

accurately record compliance with 

hours-of-service (HOS) regulations for 

drivers of commercial motor vehicles 

(CMVs) have prompted numerous 

requests from Congress and the public 

for FMCSA to consider revising certain 


daltland on DSKBBV9HB2PROD with PROPOSALS
42632 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Proposed Rules 

HOS provisions. To address these 

requests, FMCSA seeks public input in 

four specific areas in 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 seeks 

public comment on petitions for 

rulemaking from the Owner-Operator 

Independent Drivers Association 

(OOIDA) and TruckerNation.org 

(TruckerNation). OOIDA petitioned the 

Agency to amend the HOS rules to 

allow drivers to take a rest break once 

per 14-hour duty period for up to three 

consecutive hours if the driver is offduty. OOIDA’s petition also requests 

that the Agency eliminate the 30-minute 

rest break requirement which the 

Agency had identified as an area of 

consideration for rulemaking. 

TruckerNation petitioned the Agency to 

revise the prohibition against driving 

after the 14th hour of the beginning of 

the work shift, allow drivers to use 

multiple off-duty periods of three hours 

or longer in lieu of having 10 

consecutive hours off-duty, and 

eliminate the 30-minute rest break 

requirement. 

DATES: Comments on this ANPRM must 

be received on or before September 24, 

2018. 

ADDRESSES: 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: Mr. 

Thomas Yager, Chief, Driver and Carrier 

Operations Division, Federal Motor 

Carrier Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590, (202) 366–4325. 

If you have questions on viewing or 

submitting material to the docket, 

contact Docket Services, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: This 

ANPRM is organized as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations and Acronyms 

III. Legal Basis for the Rulemaking 

IV. Background 

A. Short-Haul Operations 

B. Adverse Driving Conditions 

C. 30-Minute Break 

D. Split-Sleeper Berth 

V. Comments Sought 

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 81⁄2 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 and may change this 

proposed rule based on your comments. 

Late comments will be considered to the 

extent practicable. FMCSA may issue a 

proposed rule at any time after the close 

of the comment period. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is customarily not 

made available to the general 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 this ANPRM, 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 of this 

ANPRM. Submissions containing CBI 

should be sent to Brian Dahlin, Chief, 

Regulatory Evaluation Division, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 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. 

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– 


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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Proposed Rules 42633 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

II. Abbreviations and Acronyms 

CMV Commercial motor vehicle 

DOT Department of Transportation 

ELD Electronic logging device 

FR Federal Register 

HOS Hours of service 

U.S.C. United States Code 

III. Legal Basis for the Rulemaking 

This ANPRM is based on the 

authority of the Motor Carrier Act of 

1935 and the Motor Carrier Safety Act 

of 1984 (1984 Act). The Motor Carrier 

Act of 1935 provides that ‘‘The 

Secretary of Transportation may 

prescribe requirements for (1) 

qualifications and maximum hours of 

service of employees of, and safety of 

operation and equipment of, a motor 

carrier; and, (2) qualifications and 

maximum hours of service of employees 

of, and standards of equipment of, a 

motor private carrier, when needed to 

promote safety of operation.’’ (49 U.S.C. 

31502(b)). 

The HOS regulations discussed below 

concern the ‘‘maximum hours of service 

of employees of . . . a motor carrier’’ 

(49 U.S.C. 31502(b)(1)) and the 

‘‘maximum hours of service of 

employees of . . . a motor private 

carrier[.]’’ (49 U.S.C. 31502(b)(2)). The 

adoption and enforcement of such rules 

were specifically authorized by the 

Motor Carrier Act of 1935. This ANPRM 

rests in part on that authority. 

The 1984 Act provides concurrent 

authority to regulate drivers, motor 

carriers, and vehicle equipment. It 

requires the Secretary of Transportation 

to ‘‘prescribe regulations on commercial 

motor vehicle safety. The regulations 

shall prescribe minimum safety 

standards for commercial motor 

vehicles.’’ Although this authority is 

very broad, the 1984 Act also includes 

specific requirements: ‘‘At a minimum, 

the regulations shall ensure that (1) 

commercial motor vehicles are 

maintained, equipped, loaded, and 

operated safely; (2) the responsibilities 

imposed on operators of commercial 

motor vehicles do not impair their 

ability to operate the vehicles safely; (3) 

the physical condition of operators of 

commercial motor vehicles is adequate 

to enable them to operate the vehicles 

safely . . .; and (4) the operation of 

commercial motor vehicles does not 

have a deleterious effect on the physical 

condition of the operators[.]’’ (49 U.S.C. 

31136(a)). 

This ANPRM is also based on the 

authority of the 1984 Act, specifically 

section 31136(a)(2) and, less directly, 

sections 31136(a)(3) and (4). To the 

extent section 31136(a)(1) focuses on the 

mechanical condition of CMVs, that 

subject is not included in this 

rulemaking. However, as the phrase 

‘‘operated safely’’ in paragraph (a)(1) 

also addresses safe driving practices, 

this proposed rule also addresses that 

mandate. 

Before prescribing any regulations, 

FMCSA must also consider their ‘‘costs 

and benefits’’ (49 U.S.C. 31136(c)(2)(A) 

and 31502(d)). The Agency seeks 

information on those factors in this 

ANPRM. 

IV. Background 

Executive Order (E.O.) 13771, 

Reducing Regulation and Controlling 

Regulatory Costs, issued on January 30, 

2017, directs executive agencies of the 

Federal government to ‘‘manage the 

costs associated with the governmental 

imposition of private expenditures 

required to comply with Federal 

regulations.’’ (82 FR 9339). E.O. 13777, 

Enforcing the Regulatory Reform 

Agenda, issued on February 24, 2017, 

sets forth regulatory reform initiatives 

and policies to ‘‘alleviate unnecessary 

regulatory burdens placed on the 

American people.’’ [82 FR 12285]. In 

accordance with those Presidential 

directives and based upon its 

experience and expertise, FMCSA 

reviewed the driver HOS regulations 

and, as explained below, seeks 

information in the following four areas 

to determine if revisions may alleviate 

unnecessary regulatory burdens while 

maintaining CMV driver and motor 

carrier safety, as well as the safety of the 

public. On May 17, 2018 Administrator 

Martinez received a letter signed by 30 

Senators expressing support for greater 

flexibility within hours of service 

regulations. In addition, numerous 

pieces of legislation were proposed or 

introduced in both chambers of 

Congress to address reforming current 

regulations. 

Briefly, the HOS rules limit CMV 

drivers to 11 hours of driving time 

within a 14-hour window after coming 

on duty following 10 consecutive hours 

off duty (except that drivers who use 

sleeper berths may combine 2 hours of 

off-duty time with 8 consecutive hours 

in the sleeper berth). Drivers must take 

at least 30 minutes off duty no later than 

8 hours after coming on duty if they 

wish to continue driving after the 8th 

hour. Drivers must record their on- and 

off-duty time in records of duty status 

(RODS)—previously captured in paper 

‘‘logs’’ but today (with some exceptions) 

through electronic logging devices 

(ELDs). Drivers may not drive after 

having accumulated 60 hours of on-duty 

time in 7 consecutive days, or 70 hours 

in 8 days, but they may restart the 60/ 

70-hour ‘‘clock’’ by taking 34 

consecutive hours off duty. 

A. Short-Haul Operations 

Under 49 CFR 395.1(e)(1)(ii)(A), 

drivers do not have to prepare RODS or 

use an ELD if they meet certain 

conditions, including a return to their 

work reporting location and release 

from work within 12 consecutive hours. 

Drivers operating under this provision 

therefore have a 12-hour window in 

which to drive up to 11 total hours. 

Other truck (though not bus) drivers 

have a 14-hour window in which to 

drive up to 11 total hours. [49 CFR 

395.3(a)(2)–(3)]. 

B. Adverse Driving Conditions 

The current rule in § 395.1(b)(1) 

allows 2 additional hours of driving 

time under adverse conditions, which 

are defined in § 395.2 as ‘‘snow, sleet, 

fog, other adverse weather conditions, a 

highway covered with snow or ice, or 

unusual road and traffic conditions, 

none of which were apparent on the 

basis of information known to the 

person dispatching the run at the time 

it was begun.’’ Although the rule allows 

up to 13 hours of driving time under 

adverse conditions, instead of the 

normal 11 hours, it does not provide a 

corresponding extension of the 14-hour 

driving window to 16 hours. 

C. 30-Minute Break 

Under 49 CFR 395.3(a)(3)(ii), except 

for drivers who qualify for either of the 

short-haul exceptions in § 395.1(e)(1) or 

(2), driving is not permitted if more than 

8 hours have passed since the end of the 

driver’s last off-duty or sleeper-berth 

period of at least 30 minutes. (The 30- 

minute break rule does not apply to 

drivers who operate CMVs within a 100 

air-mile radius of their normal workreporting location and return to that 

location within 12 hours, as authorized 

by § 395.1(e)(1), or to drivers who do not 

need a Commercial Driver’s License 

(CDL), operate within a 150 air-mile 

radius of their work reporting location, 

and meet certain other requirements, as 

authorized by § 395.1(e)(2)). 

D. Split Sleeper Berth Time 

There are special HOS rules for CMV 

drivers who operate vehicles equipped 

with a sleeper-berth. In essence, these 

rules allow a sleeper-berth user to 

divide the minimum 10 hours off-duty 

into an equivalent two separate periods. 

Drivers who use sleeper berths, as 

defined in § 393.76, must take at least 8 

consecutive hours of the 10-hour offduty period in the sleeper berth as 

required by § 395.1(g)(1)(ii)(A)(1). In 


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addition to the 8- through 10-hour 

sleeper-berth period, in order to acquire 

additional driving time the driver using 

the sleeper berth exception must, either 

earlier or later in the duty period, have 

a separate period of at least 2 hours offduty, which may be in the sleeper berth 

if desired. It does not matter which rest 

period is taken first. After the second 

required rest period is completed, the 

driver will have a new point on the 

clock from which to calculate hours 

available. 

The Agency also announced a 

proposal on ‘‘Pilot Program To Allow 

Commercial Drivers To Split Sleeper 

Berth Time’’ on June 6, 2017 (82 FR 

26232). This program, planned for Fall 

2018, would monitor a limited number 

of commercial drivers with CDLs and 

who regularly use a sleeper berth to 

accumulate their required 10 hours of 

non-duty work status. During the pilot 

program, participating drivers would 

have the option to split their sleeper 

berth time into two periods, each of 

which must be at least 2 hours long. 

Driver metrics would be collected for 

the duration of the study, and 

participants’ safety performance and 

fatigue levels will be analyzed. 

Additional information on the pilot 

program, including the timeline, can be 

found at: https://www.fmcsa.dot.gov/ 

research-and-analysis/research/flexiblesleeper-berth-pilot-program. 

E. OOIDA Petition for Rulemaking 

On February 13, 2018, OOIDA 

petitioned FMCSA to amend the HOS 

rules to allow drivers to take a rest break 

once per 14-hour duty period for up to 

3 consecutive hours if the driver is offduty. OOIDA explained that the rest 

break would effectively stop the 14-hour 

clock. It would also extend to the 17th 

hour after coming on duty (instead of 

the current 14th hour) the latest time a 

driver could drive after coming on duty. 

However, drivers would still be limited 

to 11 hours of driving time and required 

to have at least 10 consecutive hours off 

duty before the start of the next work 

shift. 

OOIDA’s petition also included a 

request that the Agency eliminate the 

30-minute rest break requirement. The 

organization explained that there are 

many operational situations where the 

30-minute rest break requires drivers to 

stop when they do not feel tired. 

A copy of OOIDA’s petition is 

included in the docket referenced at the 

beginning of this ANPRM. 

F. TruckerNation.org (TruckerNation) 

Petition for Rulemaking 

On May 10, 2018, TruckerNation 

petitioned the Agency to revise the 

prohibition against driving after the 

14th hour after the beginning of the 

work shift. As an alternative, the 

organization requested that the Agency 

prohibit driving after the driver has 

accumulated 14-hours of on-duty time. 

In addition, TruckerNation requested 

that FMCSA allow drivers to use 

multiple off-duty periods of three hours 

or longer in lieu of having 10 

consecutive hours off-duty, and 

eliminate the 30-minute rest break 

requirement. 

TruckerNation believes the requested 

changes to the HOS requirements would 

achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety that is provided by the current 

regulations. 

A copy of TruckerNation’s petition is 

included in the docket referenced at the 

beginning of this ANPRM. 

V. Comments Sought 

The Agency specifically seeks 

comments and data from the public in 

response to this ANPRM. We request 

that commenters address their 

comments specifically to the 

enumerated list of issues below, and 

number their comments to correspond 

to each issue. FMCSA anticipates that 

some of the information and data sought 

may include confidential business 

information. These comments should be 

filed in accordance with the 

requirements of 49 CFR 389.9 Treatment 

of confidential business information and 

the instructions under the subheading 

Confidential Business Information, 

under the headings ADDRESSES and 

Public Participation and Request for 

Comments. 

1. Short-haul operations. 

a. Do you have any data to show that 

extending the 12-hour period for the 

short-haul exception to the RODS/ELD 

requirements to 14 hours would change 

the safety performance of carriers using 

the short-haul provision? 

b. How specifically would a 14-hour 

period change your driver or carrier 

operations as compared to 12 hours? 

c. What would the incremental 

change be for your operations/business 

if the exemption was changed to 14 

hours? For example, would your 

operations expand or would your 

drivers/carriers move from non-exempt 

status to exempt status. What would be 

the economic impacts of that 

incremental change? 

2. Adverse driving conditions. 

a. Is there adequate flexibility in the 

existing adverse driving conditions 

exception? 

b. How often do you currently utilize 

the adverse driving conditions 

exception? 

c. What are the economic impact of 

the current exception on your driver or 

carrier operation? 

d. Should the definition of adverse 

driving conditions be changed? 

e. Should the adverse driving 

exception apply to the 14-hour work 

day window, not just the 11-hour 

driving limit? 

f. How would the above changes affect 

the economic costs and benefits, and the 

impacts on safety and fatigue of the 

adverse driving conditions exception? 

3. 30-minute break. 

a. If the 30-minute rest break rule did 

not exist, would drivers obtain adequate 

rest breaks throughout a daily driving 

period to relieve fatigue? 

b. Are there alternatives to the 30- 

minute rest break that would provide 

additional flexibility to drivers while 

achieving the safety benefits goal of the 

current 30-minute break? 

c. If a rest break is retained, should it 

be taken off-duty or on-duty while the 

driver is not driving? 

d. How does the 30-minute rest break 

impact the efficiency of operations from 

a driver’s or a carrier’s perspective? 

e. How would your suggestions 

impact the costs and benefits of the 30- 

minute break? 

4. Split-sleeper berth. 

a. FMCSA has announced a proposed 

flexible sleeper berth pilot program. 

Beyond the information that will be 

collected in the pilot program, do you 

have any information that would 

support changing the current 

requirements? 

b. Are there alternatives that would 

make the sleeper berth options more 

effective or less costly? 

c. How often do you use the sleeper 

berth option currently; how would this 

change with your suggested regulatory 

alternatives? 

d. What cost impacts and safety 

benefits would result from different 

split sleeper berth options? 

5. OOIDA Petition. 

a. What specifically would change 

about your driver/carrier operations by 

extending the 14-hour driving window? 

b. Is there a likely increase in safety 

risk from extending the 14-hour driving 

window? For example, would altering 

the current rule allowing 14 hours on 

duty and 10 hours off duty interfere 

with drivers’ circadian rhythm? Could 

driver health be affected? 

c. Would a potential increase in safety 

risk be lessened by the requirement that 

all the additional time beyond 14 hours 

must be off-duty time? 

d. Would allowing OOIDA’s request 

for an extended break during the work 

day improve safety by allowing drivers 

to increase the total amount of off-duty 


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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Proposed Rules 42635 

time during and immediately following 

the work from 10 hours and 30 minutes 

to 13 hours, without reducing the 

maximum driving time available within 

14-hour window? 

e. Are there other flexibilities or other 

non-safety benefits that could be 

realized if the 14-hour window is 

extended? 

6. TruckerNation Petition. 

a. Is there a likely increase in safety 

risk from eliminating the consecutive 

14-hour driving window? For example, 

would the absence of a limit on the 

length of the work shift—the time 

between the driver coming on duty after 

accumulating the minimum of 10 hours 

off-duty and the driver being prohibited 

from driving—combined with splitting 

the required 10 consecutive hours offduty into a number of segments, 

interfere with drivers’ circadian 

rhythm? Could driver health be 

affected? Please provide data on the 

costs and benefits of this approach. 

b. Are there other flexibilities or other 

non-safety benefits that could be 

realized if the 14-hour window is 

eliminated? 

Issued under authority delegated in 49 CFR 

1.87 on: August 21, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–18379 Filed 8–21–18; 4:15 pm] 

BILLING CODE 4910–EX–P 


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