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Hours of Service of Drivers; Extension of Comment Period


American Government

Hours of Service of Drivers; Extension of Comment Period

Raymond P. Martinez
Federal Motor Carrier Safety Administration
19 September 2019 

[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Proposed Rules]
[Pages 49212-49213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20225]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2018-0248]


Hours of Service of Drivers; Extension of Comment Period

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

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
extends the comment period for its August 22, 2019 notice of proposed 
rulemaking (NPRM) to amend its hours-of-service (HOS) rules. FMCSA 
received requests for an extension to the comment period from the 
American Trucking Associations, the Commercial Vehicle Safety Alliance, 
and the International Brotherhood of Teamsters. The Agency believes it 
is appropriate to extend the comment period to provide interested 
parties additional time to submit their responses to the NPRM. 
Therefore, the Agency extends the deadline for the submission of 
comments until October 21, 2019.

DATES: The comment period for the NPRM published August 22, 2019 at 84 
FR 44190, is extended to October 21, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0248 using any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/

[[Page 49213]]

docket?D=FMCSA-2018-0248. 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Federal Motor 
Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590-0001, by telephone at (202) 366-4325, or email at 
MCPSD@dot.gov. If you have questions on viewing or submitting material 
to the docket, contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
NPRM (Docket No. FMCSA-2018-0248), indicate the specific section of the 
NPRM to which each comment 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 https://www.regulations.gov/docket?D=FMCSA-2018-0248. 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.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in the NPRM as 
being available in the docket, go to https://www.regulations.gov/docket?D=FMCSA-2018-0248 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., ET, 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

    The August 2019 NPRM requested comment on five topics. First, it 
proposed extending the maximum duty period allowed under the short-haul 
exception available to certain commercial motor vehicle (CMV) drivers 
from 12 hours to 14 hours. It also proposed extending the maximum 
radius of the short-haul exception from 100 to 150 air miles. Second, 
the proposal would extend the maximum driving window under adverse 
driving conditions by up to 2 hours. Third, the Agency proposed to 
allow the 30-minute break to be taken while the driver remains on duty 
and to require the break only after 8 hours of driving (instead of 8 
hours after coming on duty) without a 30-minute non-driving period. 
Fourth, the Agency proposed to allow drivers who use sleeper berths to 
take their required off-duty time in two periods, one of at least 7 
consecutive hours in the berth, and the other (of at least 2 hours) 
either in or out of the berth. The total of these two periods must be a 
minimum of 10 hours. Neither time period would count against the 
maximum 14-hour driving window. Fifth, FMCSA proposed to add a new 
option allowing one off-duty break of at least 30 minutes, but not more 
than 3 hours, to extend the 14-hour driving window by the length of the 
break, provided drivers take at least 10 consecutive hours off duty at 
the end of the work shift.
    The comment period for the NPRM was set to expire on October 7, 
2019. FMCSA received the requests to extend the comment period from the 
American Trucking Associations (ATA), the Commercial Vehicle Safety 
Alliance (CVSA), and the International Brotherhood of Teamsters (IBT). 
All 3 requests are available in the docket.\1\
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    \1\ ATA: https://www.regulations.gov/document?D=FMCSA-2018-0248-5949, CVSA: https://www.regulations.gov/document?D=FMCSA-2018-0248-5511, and IBT: https://www.regulations.gov/document?D=FMCSA-2018-0248-6155.
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    ATA requested a 30-day extension of the comment period, stating 
that the additional time was needed to coordinate with and gather 
information from members and provide a more useful response to the 
detailed questions posed in the NPRM. ATA said that it was holding a 
relevant meeting on October 5-8.
    Both CVSA and IBT requested a 45-day extension of the comment 
period. CVSA stated that the original 45-day period did not allow 
enough time to prepare and approve comments on such a complicated and 
important issue. IBT requested that the docket remain open until 
November 21, 2019, stating that the additional time was needed to 
effectively develop responses to the questions that FMCSA asked in the 
NPRM.
    Additionally, FMCSA added to the docket additional details 
regarding its review of the 2011 Blanco Study concerning the change in 
safety-critical event reduction based on break type.\2\
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    \2\ https://www.regulations.gov/document?D=FMCSA-2018-0248-6556.

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    Issued under authority delegated in 49 CFR 1.87.

    Dated: September 13, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-20225 Filed 9-18-19; 8:45 am]
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