[Federal Register Volume 62, Number 61 (Monday, March 31, 1997)]
[Proposed Rules]
[Pages 15150-15151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8198]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 395

[FHWA Docket No. MC-96-28]
RIN 2125-AD93


Hours of Service of Drivers

March 24, 1997.
AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM); extension of 
comment period.

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SUMMARY: The FHWA is extending this rulemaking's comment period until 
June 30, 1997. This is in response to two petitions received by the 
FHWA requesting an extension of the comment period closing date. The 
petitioners based their requests upon the FHWA's

[[Page 15151]]

pending publication of the Driver Fatigue and Alertness Study full 
report. This ANPRM is mandated by the ICC Termination Act of 1995.

DATES: Comments to the general ANPRM should be received no later than 
June 30, 1997. Late comments will be considered to the extent 
practicable.

ADDRESSES: Signed, written comments should refer to the docket number 
that appears at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. All comments received will be available for 
examination at the above address between 10 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: For information regarding rulemaking 
and operational issues: Mr. David Miller, Office of Motor Carrier 
Research and Standards, (202) 366-1790; for information regarding human 
factors and fatigue research programs: Ms. Deborah Freund, Office of 
Motor Carrier Research and Standards, (202) 366-1790; and for 
information regarding legal issues: Mr. Charles Medalen, Office of the 
Chief Counsel, (202) 366-0834, Federal Highway Administration, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: On November 5, 1996 (61 FR 57251), the FHWA 
published an ANPRM requesting answers to numerous questions related to 
commercial motor vehicle driver hours-of-service regulations, including 
fatigue, loss of alertness, and hours off duty. The ANPRM set March 31, 
1997, as the docket closing date for signed, written comments.
    On March 5, 1997, the Advocates for Highway and Auto Safety (AHAS) 
delivered a petition to the FHWA. This petition requested the FHWA to 
extend this rulemaking's comment period closing date by 60 days. The 
AHAS believes it and the public should have ample opportunity to review 
and critique the Driver Fatigue and Alertness Study's full report. The 
full report has not yet been published or placed in the docket. A 59-
page technical summary and a 17-page executive summary have been placed 
in the docket.
    On March 13, 1997, the Insurance Institute for Highway Safety 
(IIHS) petitioned the FHWA to extend this rulemaking's comment period 
closing date by 60 days. The IIHS believes it also should have ample 
opportunity to review and critique the Driver Fatigue and Alertness 
Study's full report, including its data.
    At the time of the original publication in November 1996 (61 FR 
57251), the FHWA believed the full report would be published and 
available well in advance of the comment closing date. The FHWA, 
however, has experienced unforeseen editorial delays in publishing the 
full report. The FHWA believes publication will now be accomplished by 
the end of April 1997. The FHWA believes it should allow the public to 
review and critique the full report of the Driver Fatigue and Alertness 
Study.
    The FHWA has also conducted listening sessions, specifically 
listening to drivers, about how the hours-of-service regulations affect 
their daily lives and their recommended changes to improve the rules. 
See 62 FR 6161, February 11, 1997. Many interested persons have 
attended these sessions and would like to review the transcripts of 
these listening sessions. A few of the transcripts will not be 
delivered to the FHWA docket prior to March 31, 1997.

    For the reasons above, the FHWA finds good cause to extend this 
ANPRM comment period closing date for 60 days after the expected 
publication date of the full report of the FHWA's Driver Fatigue and 
Alertness Study in late April 1997.

List of Subjects in 49 CFR Part 395

    Global positioning systems, Highway safety, Highways and roads, 
Intelligent Transportation Systems, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

    Issued on: March 26, 1997.

    Authority: 23 U.S.C. 315 and 49 CFR 1.48.
Jane Garvey,
Acting Administrator, Federal Highway Administration.
[FR Doc. 97-8198 Filed 3-27-97; 1:06 pm]
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