[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Proposed Rules]
[Pages 45204-45205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19255]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2018-0248]
RIN 2126-AC19


Hours of Service

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

ACTION: Notice of public listening session.

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SUMMARY: The FMCSA announces that it will hold a public listening 
session concerning potential changes to its hours-of-service (HOS) 
rules for truck drivers. On August 23, 2018, FMCSA published an Advance 
Notice of Proposed Rulemaking (ANPRM) seeking public comment on four 
specific aspects of the HOS rules for which the Agency is considering 
changes: The short-haul HOS limit; the HOS exception for adverse 
driving conditions; the 30-minute rest break provision; and the split-
sleeper berth rule to allow drivers to split their required time in the 
sleeper berth. In addition, the Agency requested public comment on 
petitions for rulemaking from the Owner-Operator Independent Drivers 
Association (OOIDA) and TruckerNation.org (TruckerNation). The Agency 
encourages vendors of electronic logging devices (ELDs) to participate 
to address potential implementation issues should changes to the HOS 
rules be made. The listening session will be held at the U.S. 
Department of Transportation in Washington, DC. The listening session 
will be webcast for the benefit of those not able to attend in person. 
The listening session will allow interested persons to present 
comments, views, and relevant research on topics mentioned above. All 
comments will be transcribed and placed in the rulemaking docket for 
the FMCSA's consideration.

DATES: The listening session will be September 14, 2018, in Washington, 
DC, at the U.S. Department of Transportation, 1200 New Jersey Avenue 
SE, Washington, DC 20590. The listening session will begin at 1 p.m. 
(EDT) and end at 3 p.m., or earlier, if all participants wishing to 
express their views have done so.

ADDRESSES: The September 14, 2018, meeting will be held at the U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590.
    You may submit comments identified by Docket Number FMCSA-2018-0248 
using any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online 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., Monday through Friday, except Federal holidays.
    <bullet> Fax: 202-493-2251.
    <bullet> Submissions Containing Confidential Business Information 
(CBI): Mr. Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: For special accommodations for the HOS 
listening session, such as sign language interpretation, contact Ms. 
Shannon L. Watson, Senior Advisor to the Associate Administrator for 
Policy, (202) 385-2395 or at <a href="/cdn-cgi/l/email-protection#1e6d767f7070717030697f6a6d71705e7a716a30797168"><span class="__cf_email__" data-cfemail="a1d2c9c0cfcfcecf8fd6c0d5d2cecfe1c5ced58fc6ced7">[email protected]</span></a>, by Wednesday, 
September 5, 2018, to allow us to arrange for such services. There is 
no guarantee that interpreter services requested on short notice can be 
provided. For information concerning the HOS rules, contact Mr. Tom 
Yager, Chief, Driver and Carrier Operations Division, (202) 366-4325, 
<a href="/cdn-cgi/l/email-protection#402d2330332400242f346e272f36"><span class="__cf_email__" data-cfemail="54393724273014303b207a333b22">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
ANPRM (Docket No. FMCSA-2018-0248), indicate the specific section of 
this document to which each section applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2018-0248, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period for the ANPRM. Late comments will be considered to the 
extent practicable.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the public by the 
submitter. Under the Freedom of Information Act, CBI is eligible for 
protection from public disclosure. If you have CBI that is relevant or 
responsive

[[Page 45205]]

to the ANPRM and this listening session, it is important that you 
clearly designate the submitted comments as CBI. Accordingly, please 
mark each page of your submission as ``confidential'' or ``CBI.'' 
Submissions designated as CBI and meeting the definition noted above 
will not be placed in the public docket for the ANPRM and this 
listening session. Submissions containing CBI should be sent to Mr. 
Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New Jersey 
Avenue SE, Washington, DC 20590 or <a href="/cdn-cgi/l/email-protection#9cfeeef5fdf2b2f8fdf4f0f5f2dcf8f3e8b2fbf3ea"><span class="__cf_email__" data-cfemail="7311011a121d5d17121b1f1a1d33171c075d141c05">[email protected]</span></a>. Any commentary 
that FMCSA receives which is not specifically designated as CBI will be 
placed in the public docket for this rulemaking.
    FMCSA will consider all comments and material received during the 
comment period for the ANPRM.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0248, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal 
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On August 23, 2018 (83 FR 42631), FMCSA published an ANPRM 
concerning potential changes to its hours-of-service rules. The ANPRM 
indicated the Agency is considering changes in four areas of the HOS 
rules: The short-haul HOS limit [49 CFR 395.1(e)(1)(ii)(A)]; the HOS 
exception for adverse driving conditions [Sec.  395.1(b)(1)]; the 30-
minute rest break provision [Sec.  395.3(a)(3)(ii)]; and the split-
sleeper berth rule to allow drivers to split their required time in the 
sleeper berth [Sec.  395.1(g)(1)(i)(A) and (ii)(A)]. In addition, the 
Agency requested public comment on petitions for rulemaking from the 
Owner-Operator Independent Drivers Association (OOIDA) and 
TruckerNation.org (TruckerNation). The ANPRM provides an opportunity 
for additional discussion of each of these topics. The listening 
session will provide interested persons to share their views on these 
topics with representatives of the Agency. The Agency encourages ELD 
vendors to participate to address potential implementation issues 
should changes to the HOS rules be made.

III. Meeting Participation

    The listening session is open to the public. Speakers' remarks will 
be limited to 2 minutes each. The public may submit material to the 
FMCSA staff at the session for inclusion in the public docket, FMCSA-
2018-0248. The session will be webcast in its entirety, providing the 
opportunity for remote participation via the internet. For information 
on participating in the live webcast, please go to www.fmcsa.dot.gov.

IV. Questions for Discussion During the Listening Session

    In preparing their comments, meeting participants should consider 
the questions posed in the ANPRM about the current HOS requirements. 
Answers to these questions should be based upon the experience of the 
participants and any data or information they can share with FMCSA.

    Issued on: August 30, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-19255 Filed 9-5-18; 8:45 am]
BILLING CODE 4910-EX-P


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