[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Proposed Rules]
[Pages 81463-81464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33228]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385, 386, 390, and 395

[Docket No. FMCSA-2011-0373]


Hours of Service of Motorcoach Drivers

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

ACTION: Notice of public listening session.

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SUMMARY: FMCSA announces that it will hold a public listening session 
to solicit information, concepts, ideas, and information on hours-of-
service (HOS) requirements for motorcoach drivers. Specifically, the 
Agency would like to know what factors, issues, and data may be 
pertinent as it considers development of a rulemaking on these 
requirements. The session, which will be held in Grapevine, Texas, will 
allow interested persons to present comments, views, and relevant new 
research. This listening session will be recorded and a transcript of 
the public meeting will be placed in the docket for FMCSA's 
consideration, as well as all comments submitted during the session. 
The listening session will also be webcast via the Internet.

DATES: The listening session will be held on Monday, January 9, 2012, 
in Grapevine, TX (near Dallas, TX). The listening session will be held 
from 10 a.m. until noon, CT, and from 2:30 p.m. until 4:30 p.m. CT, or 
earlier, if all participants wishing to express their views have done 
so.

ADDRESSES: The January 9, 2012, meeting will be held at the Gaylord 
Texan Resort & Convention Center, 1501 Gaylord Trail, Grapevine, TX 
76051-1945. The hotel telephone number is 1-(817) 778-2000.
    Internet Address for Live Webcast. FMCSA will post specific 
information on how to participate via the Internet on

[[Page 81464]]

the FMCSA Web site at http://www.fmcsa.dot.gov.
    You may submit comments bearing the Federal Docket Management 
System (FDMS) Docket ID FMCSA-2004-19608 using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-(202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to http://www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System published in the Federal Register on January 17, 2008 
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
listening session or the live webcast, please contact Ms. Shannon L. 
Watson, Senior Advisor for Policy, FMCSA, (202) 385-2395.
    If you need sign language assistance to participate in this HOS 
listening session, also contact Ms. Shannon L. Watson, at the above 
phone number, by Thursday, January 6, 2012, to allow us to arrange for 
such services. There is no guarantee that interpreter services 
requested on short notice can be provided.

SUPPLEMENTARY INFORMATION:

I. Background

    The HOS requirements for motorcoach operators have not been 
substantially revised in several decades. The FMCSA did not include 
changes to the motorcoach HOS requirements in its April 28, 2003 final 
rule (68 FR 22456) concerning HOS requirements for truck drivers or in 
subsequent revisions of that rule because the Agency did not have 
enough data and information on motorcoach operations to form the basis 
of a rulemaking. Motorcoach operations differ significantly from 
trucking operations and the information upon which the Agency relied 
for its truck drivers' rule did not address the unique fatigue issues 
associated with the scheduling and operating practices of the 
motorcoach industry.
    The current HOS rules for passenger-carrying commercial motor 
vehicle (CMVs) operations allow up to 10 hours of driving time 
following 8 consecutive hours off duty. Driving is prohibited after the 
operator has accumulated 15 hours of on-duty time following 8 
consecutive hours off duty (15-hour rule). However, miscellaneous off-
duty periods during the day are not counted in the 15-hour window. 
Therefore, the amount of time between the beginning of the work day and 
driver completing all driving tasks may exceed 15 hours.
    With regard to weekly limitations, drivers of passenger-carrying 
CMVs are prohibited from driving after accumulating: 60 hours of on-
duty time in any 7 consecutive days if the employing motor carrier does 
not operate CMVs every day of the week; or, 70 hours in any period of 8 
consecutive days if the employing motor carrier operates CMVs every day 
of the week.

II. Meeting Participation and Information FMCSA Seeks From the Public

    The listening session is open to the public. Speakers' remarks will 
be limited to 5 minutes each. The public may submit material to the 
FMCSA staff at the session for inclusion in the public docket, FMCSA-
2011-0373.
    The Agency seeks data and answers relating to the following issues 
and questions. The comments sought below may be submitted in written 
form at the session and summarized verbally, if desired.
    1. Driving Time. FMCSA seeks information or data that examine 
fatigue and safety differences associated with different driving time 
periods.
    2. Duty Time/Driving Window. FMCSA solicits information on patterns 
of work for motorcoach drivers.
    3. Time-On-Task (TOT) Function. The Agency seeks comments and 
information on methods for evaluating fatigue associated with the time 
motorcoach operators spend on the actual driving task during the work 
day. The Agency is interested in suggestions for estimating TOT 
effects, especially information on where it might obtain data on 
exposure and other motorcoach driver characteristics that would enable 
it to estimate how or whether crash risk varies over successive hours 
of daily driving.
    4. Cumulative Fatigue. The Agency seeks comments and information on 
the effects of cumulative fatigue during the work week, particularly in 
the form of scientific studies or data that would allow evaluation of 
cumulative fatigue and its impact on workplace safety, motorcoach 
driver safety performance, and productivity.

III. Alternative Media Broadcasts During and Immediately After the 
Listening Session on January 9, 2012

    FMCSA will webcast the listening session on the Internet. Specific 
information on how to participate via the Internet and the telephone 
access number will be on the FMCSA Web site at http://www.fmcsa.dot.gov. FMCSA will docket the transcripts of the webcast and 
a separate transcription of the listening session that will be prepared 
by an official court reporter.

    Issued on: December 21, 2011.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-33228 Filed 12-27-11; 8:45 am]
BILLING CODE 4910-EX-P