[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Proposed Rules]
[Pages 37956-37957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15416]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 390, 394, 395 and 398

[Docket No. FMCSA-97-2350; formerly FHWA-97-2350 and MC-96-28]
RIN 2126-AA23


Hours of Service of Drivers; Driver Rest and Sleep for Safe 
Operations

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

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: The FMCSA is extending this rulemaking's comment period until 
October 30, 2000. This is in response to numerous petitions received by 
the FMCSA from motor carriers, drivers and trucking associations, and 
several members of Congress requesting an extension of the comment 
period closing date. The petitioners based their requests on the time 
required to review the vast body of research, assess the impact of the 
proposed rules, and provide meaningful comments.
    The FMCSA is also placing in the docket the pre-publication final 
report on ``Effects of Sleep Schedules on Commercial Motor Vehicle 
Driver Performance,'' prepared by the Division

[[Page 37957]]

of Neuropsychiatry, Walter Reed Army Institute of Research.

DATES: Comments to the NPRM should be received no later than October 
30, 2000. 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 9 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 on the proposed rule: 
Mr. David Miller or Ms. Deborah Freund, Federal Motor Carrier Safety 
Administration, (202) 366-1790, and Mr. Charles Medalen, Office of the 
Chief Counsel, Federal Highway Administration, (202) 366-1354. For 
information about submitting comments and data electronically: DMS Web 
staff at: Mail. [email protected], Department of Transportation, 400 
Seventh Street, SW.,Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: On May 2, 2000 (65 FR 25540), the FMCSA 
published an NPRM proposing to revise its hours-of-service (HOS) 
regulations to require motor carriers to provide drivers with better 
opportunities to obtain sleep, and thereby reduce the risk of drivers 
operating commercial motor vehicles (CMV) while drowsy, tired, or 
fatigued to reduce crashes involving these drivers. The FMCSA explained 
that this action is necessary because we estimate that 755 fatalities 
and 19,705 injuries occur each year on the nation's roads because of 
drowsy, tired, or fatigued CMV drivers. The proposed regulations would:
    1. Revert to a 24-hour daily cycle, and a 7-day weekly cycle.
    2. Adjust the work-rest requirements for various types of 
operations.
    3. Emphasize rest. Require, for long-haul and regional drivers, a 
period of 10 consecutive hours off duty within each 24-hour cycle, and 
two hours of additional time off in each 14-hour work period within 
each 24-hour cycle.
    4. Require weekends, or their functional equivalent, to include at 
a minimum a rest period that includes two consecutive periods from 11 
p.m. to 7 a.m.
    5. Require the use of electronic on-board recorders in CMVs used by 
drivers in long-haul and regional operations.
    The FMCSA has received petitions from the American Trucking 
Associations, Commercial Vehicle Safety Alliance, Distribution and LTL 
Carriers Association, National Private Truck Council and numerous motor 
carriers, drivers, other industry associations, and members of Congress 
requesting that the comment period to be extended. The petitioners 
voiced concerns that the lengthy proposed rule was extremely complex 
and that 90 days was insufficient time to review the research, assess 
the impact of the proposed rules on CMV operations, and provide 
meaningful comments. We agree that more time for in-depth analysis of 
the NPRM, including the numerous studies involving fatigue, driver 
physiology, crash data, and operating characteristics of the various 
CMV operations, by the affected parties, would be beneficial to the 
FMCSA in this rulemaking. For the reasons above, the FMCSA finds good 
cause to extend this NPRM comment period closing date for 90 days.
    The FMCSA is also placing in the docket the pre-publication final 
report on ``Effects of Sleep Schedules on Commercial Motor Vehicle 
Driver Performance,'' prepared by the Division of Neuropsychiatry, 
Walter Reed Army Institute of Research.

    Authority: 49 U.S.C. 322 and 49 CFR 1.73.

    Issued on: June 12, 2000.
Clyde J. Hart, Jr.
Acting Deputy Administrator.
[FR Doc. 00-15416 Filed 6-16-00; 8:45 am]
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