[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Notices]
[Pages 12413-12416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03256]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0172]


Agency Information Collection Activities; Approval of a New 
Information Collection Request: Impact of Driver Detention Time on 
Safety and Operations

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for review 
and approval.
    This notice invites comments on a proposed information collection 
titled Impact of Driver Detention Time on Safety and Operations. This 
research study will collect data on commercial motor vehicle (CMV) 
driver detention time representative of the major segments of the motor 
carrier industry, analyze that data to determine the frequency and 
severity of detention time, and assess the utility of existing 
intelligent transportation systems (ITS) solutions to measure detention 
time. Approximately 80 carriers and 2,500 CMV drivers will provide data 
in the study. The study will provide a better understanding of the 
impact of driver detention time on driver safety and CMV operations and 
inform strategies that may be used to mitigate driver detention time. 
The number of public comments received in response to the 60-day FR 
notice was 171.

DATES: Comments on this notice must be received on or before March 18, 
2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Dan Britton, Mathematical 
Statistician, Office of Research and Registration, DOT, FMCSA, 6th 
Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001; 202-366-9980; [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Impact of Driver Detention Time on Safety and Operations.
    OMB Control Number: 2126-00XX.
    Type of Request: New ICR.
    Respondents: CMV carriers and drivers.
    Estimated Number of Respondents: 80 CMV carriers and 2,500 CMV 
drivers.
    Estimated Time per Response: 30 seconds (for drivers and CMV 
carrier operation team).
    Expiration Date: This is a new ICR.
    Frequency of Response: Once per delivery/pick-up.
    Estimated Total Annual Burden: 7,869.17 hours.

Background

    ``Detention time'' refers to the extra time CMV operators wait at 
shipping and receiving facilities due to delays not associated with the 
loading and unloading of cargo. Drivers are often not paid for this 
extra time. Although there is currently no standard definition of 
detention time, the CMV industry, the U.S. Government, and academic 
researchers in the United States have previously used dwell time--the 
total amount of time spent at a facility--exceeding 2 hours to define 
when detention time occurs.
    Detention time in the CMV industry is a longstanding issue and 
consistently ranks as one of the top problems for a large portion of 
CMV operators on an

[[Page 12414]]

ongoing basis. Further, detention time often results in lost revenue 
for many drivers and carriers. Reducing detention time may reduce costs 
for carriers, increase pay for drivers, and improve CMV drivers' 
ability to make deliveries on time or arrive at a destination as 
planned without violating hours of service (HOS) requirements. Finally, 
drivers who experience less detention time may be more likely to drive 
safely to reach their destinations within the HOS limits and less 
likely to operate beyond HOS limits and improperly log their driving 
and duty time to make deliveries on time.
    An important first step in addressing detention time is 
understanding the factors that contribute to the issue. FMCSA completed 
a study in 2014 on the impact of detention time on CMV safety. Although 
this study provided valuable initial insights, it had several 
limitations, including a small sample of mostly large carriers, a 
rudimentary estimation of detention time, the inability to identify 
time spent loading/unloading, and data that did not cover an entire 12-
month period. Therefore, FMCSA needs additional data from a broader 
sample of carriers to understand the safety and operational impact of 
detention time, to better understand why detention time occurs, and to 
identify potential mitigation strategies the CMV industry may use to 
reduce detention time while improving operational efficiencies and 
safety.
    The purpose of obtaining data in this study is to evaluate the 
impact of driver detention time on safety and CMV operations. 
Specifically, there are three primary objectives for the data 
collection in this study: (1) assess the frequency and severity of 
driver detention time using data that represent the major segments of 
the motor carrier industry; (2) assess the utility of existing ITS 
solutions to measure detention time; and (3) prepare a final report 
that summarizes the findings, answers the research questions, and 
offers strategies to reduce detention time. Completing these research 
objectives will provide insight into any relationship between driver 
detention time and CMV safety. Additionally, the findings from this 
study can contribute to a more complete understanding of these issues 
and facilitate private sector decisions that lead to reductions in 
detention time and improvements in safety and supply chain efficiency.
    The study includes data collection via electronic logging devices 
(ELDs), transportation management systems (TMS), vehicle telematic 
systems, safety records, and answers to questions delivered through the 
carriers' dispatching systems. The ELD, TMS, telematics, and safety 
data are already collected by carriers. The only additional data that 
will be collected will be the answers to questions submitted through 
the carriers' dispatching systems. This information will allow FMCSA to 
identify the severity and frequency of detention time, the factors that 
contribute to detention time, and the administrative, operational, and 
safety outcomes of detention time. After agreeing to participate in the 
study, carriers will collect and provide 12 months of data.
    The carriers will be selected so that the sample is representative 
of the nation. Carriers will be selected from those who use an ELD, 
TMS, and telematics device or app that is integrated with the research 
team's data collection system for delivery/pickup details, telematics 
and vehicle tracking metrics, and ELD data. However, the study may 
include other carriers that express interest in participating if they 
use an ELD, TMS, and telematics device that can be integrated with the 
research team's system to collect data. These data are critical to 
answer the research questions. The final sample from this source will 
include up to 80 carriers with up to 2,500 total vehicles. This sample 
will include a variety of carrier operations, including long haul/short 
haul, private/company fleets and for-hire fleets, port servicing 
(primarily chassis), owner-operators, hourly and mileage-based 
operators, truckload/less-than-truckload, and dedicated local delivery. 
These carriers will range in size from single-vehicle owner-operators 
to carriers with hundreds of trucks, with a likely average fleet size 
of approximately 30 vehicles. Multiple analyses will be performed, 
including assessing the relationships between detention time and 
characteristics of carriers, facility locations, and driver schedules 
(appointment times, time of day, day of week, month, and season). 
Measures of detention time will include the number of detained stops 
per shift and the duration of each detention. Regression models will be 
used to compare these variables for significant differences in 
associated detention time.
    Another analysis will examine the relationship between detention 
time and safety outcomes during the shifts following the detention 
time. The relationships between detention time and safety outcomes will 
be evaluated by generalized linear models such as Poisson or negative 
binomial regression models. The independent variables will be the 
characteristics of detention time, such as detention time per shift. 
The response variable will be the number of safety outcomes (e.g., 
crashes) that occurred during the subsequent shift. The driving time 
will be treated as an exposure variable to normalize crash risk with 
respect to driving time.
    Finally, the study will estimate the cost per year associated with 
detention time, including lost productivity, disruptions to the supply 
chain, and any increases in fatal, injury, and property-damage-only 
crashes.
    FMCSA published the 60-day Federal Register notice on August 24, 
2023, and the comment period closed on October 24, 2023 (88 FR 58060). 
A total of 171 comments were received from the public. These comments 
revolved around 11 issues, with many comments covering more than one 
issue, to varying degrees: (1) the relationship between detention time 
and driver compensation; (2) organizational issues at the shipper/
receiver, carrier, and/or broker; (3) the relationship between 
detention time and pick-up/delivery appointment times; (4) examples of 
detention time characteristics as experienced by commenters; (5) the 
relationship between detention time and HOS regulations; (6) the impact 
of detention time on logistics and the economy; (7) the impact of 
detention time on driver welfare; (8) the impact of detention time on 
driver and roadway user safety; (9) suggestions and support for 
detention time-related regulations; (10) considerations for defining 
and quantifying detention time and collecting necessary data; and (11) 
general support for the study. Responses to these issues are provided 
below. Many comments touched on multiple issues; however, the responses 
below are organized based on the primary feedback provided.

The Relationship between Detention Time and Driver Compensation

    Two-thirds of the comments described a relationship between 
detention time and driver compensation. The comments included 
descriptions of current pay structures, including driver pay modality 
(i.e., pay by mile, load, or hour) and detention-specific compensation 
(e.g., pay per detainment, maximum pay, proportion of detainment-
related pay received by driver, etc.). The comments reflected 
hypotheses that current pay structures impact detention frequency and 
severity and that detention frequency and severity, in turn, also 
affect driver compensation. Several comments also included proposed 
compensation approaches to address detention frequency and severity and 
the resulting financial impacts on drivers.

[[Page 12415]]

    FMCSA believes it is important to understand the relationship 
between driver compensation and detention time. An assessment of driver 
compensation and safety and other driver-related factors (including 
detention time) is the focus of a separate study sponsored by FMCSA and 
conducted by the Transportation Research Board. The study outlined in 
this notice is focused on the relationship between driver detention 
time, safety, and operations. FMCSA believes these studies will 
complement each other and provide vital information on detention time.

Organizational Issues at The Shipper/Receiver, Carrier, and/or Broker

    A total of 78 comments described organizational issues at the 
shipper/receiver, carrier, and/or broker level and their impacts on 
detention time. These comments included inefficiencies at shippers/
receivers that increase detention time (e.g., understaffed shipper/
receiver facilities leading to backups in loading/unloading; difficult 
driver check-in procedures adding to time spent at a facility; products 
being processed at loading, which extends the loading time; shippers/
receivers not honoring appointment times; lack of room in storage 
facilities for products to be unloaded; appointment times scheduled for 
facility shift changes or breaks; and overloading the truck). Comments 
also described poor communication and unequal power dynamics between 
shippers/receivers, drivers, and carriers/brokers regarding expected 
loading/unloading times and detention times. Several comments described 
difficulties obtaining verified documentation of detention time due to 
complicated paperwork and concern for adding waiting time to have 
paperwork completed. A few comments touched on leased warehouses and 
the potential impact on detention time.
    These comments illustrate the need to collect data on loading/
unloading time, active dwell time, and detention time. The study 
outlined in this notice will collect this data through multiple 
methods: driver self-report, TMS data (such as shipper/receiver, order 
pick-up/delivery locations, appointment time, billed amount for 
detention time, etc.), and telematics/ELD data (such as latitude and 
longitude and duty status). In addition, analyses in the study will 
consider carrier fleet size, operation type, geographic location, time 
of year, facility type, and other key features to determine their 
impacts on detention time and safety. Some comments proposed solutions 
to reduce detention time, but the study will only collect data on 
detention time as it occurs, without attempting to determine the 
effectiveness of alternative methods of reducing detention time.

The Relationship Between Detention Time and Pick-Up/Delivery 
Appointment Times

    A total of 27 comments touched on the relationship between 
detention time and pick-up/delivery appointment times. The comments 
included discussions of appointment times not being honored at pick-up/
delivery locations, unrealistic scheduled appointment times, and the 
impact of detention time on the remaining pick-up/delivery appointment 
times scheduled for the day or week. The study will collect data on 
appointment times (if applicable) through the carriers' TMS. The data 
will be analyzed to assess whether detention time varies for pick-ups/
deliveries with and without appointment times.

Shared Examples of Detention Time Characteristics as Experienced by 
Commenters

    A total of 49 comments provided detailed examples of detention time 
as experienced by commenters, some describing typical situations, with 
others describing atypical but significant situations, including 
reports of detention time lasting 24 hours. The study will capture 
detention time reports from up to 2,500 drivers over a year of driving. 
The detention time data will be assessed to understand the full 
spectrum of detention time experienced by the participating carriers 
and drivers.

The Relationship Between Detention Time and Hours-of-Service 
Regulations

    A total of 41 comments described the relationship between detention 
time and HOS regulations. At a high level, HOS regulations provide 
legal boundaries on daily and weekly driving and working hours. The 
comments described the difficulty in capturing detention time using 
standard HOS regulation duty statuses. When waiting at shippers/
receivers, drivers often need to remain vigilant for their opportunity 
to load/unload, and they might use this time to perform non-driving 
work, which means they are not truly ``off duty.'' However, remaining 
``on duty'' for detention time can use a significant portion of 
drivers' regulated workday hours, limiting their opportunities to work 
or drive after they leave the shipper/receiver. After experiencing 
detention time, drivers also feel impacted by HOS limits when needing 
to drive to a safe resting location. Comments included discussion of 
falsifying logs after detention time. The study will capture 
information on drive time, work time, and HOS-related violations 
through ELD data and driver self-reports via prompted electronic 
questions. Additionally, the study will collect data on all activity 
while the vehicle is at a delivery/pickup location to account for 
drivers who go off-duty while detained. These data will provide a 
better understanding of the relationship detention time has with HOS 
regulations.

Impact of Detention Time on Logistics and the Economy

    Ten comments discussed the impact of detention time on logistics 
and the economy. Previous studies have estimated the impacts of 
detention time on industry earnings and society as a whole. The 
comments explained that detention time causes supply chain issues, 
impacts efficiency, and reduces time available to make additional pick-
ups and deliveries, and can reduce the quality of goods, leading to 
products being rejected by the receiver upon delivery. Additionally, 
drivers often use fuel while waiting to load/unload. The study outlined 
in this notice will investigate the costs of driver detention time in 
terms of lost productivity and disruptions to the supply chain.

The Impact of Detention Time on Driver Welfare

    There were 66 comments that discussed the impact of detention time 
on driver welfare. Drivers who experience detention time may find 
themselves unexpectedly needing to complete their route at night. 
Commenters reported not being allowed to rest while waiting to load/
unload and not being allowed to rest at the shipper/receiver after 
detention time, forcing them to return to the roadway to find safe 
parking. Commenters mentioned that drivers are often not granted access 
to essential facilities, such as restrooms or vending machines 
(possibly as a coronavirus disease mitigation strategy), and yet they 
also cannot leave the shipper/receiver without risking their place in 
line. For all these reasons, detention time can increase fatigue and 
cause stress, frustration, and anger. Several comments discussed the 
Fair Labor Standards Act (FLSA), which regulates minimum wage and 
overtime pay for private and government employees. Drivers are exempt 
from FLSA laws. The impact of detention time on driver welfare, while 
outside the scope of the current study, is an important topic and may 
be examined in a follow-up study.

[[Page 12416]]

The Impact of Detention Time on Driver and Roadway User Safety

    A total of 73 comments discussed the impact of detention time on 
driver and roadway user safety. After experiencing detention time, 
drivers may be inclined to drive aggressively and/or over the speed 
limits to stay within their HOS regulatory limits, arrive at the next 
appointment on time, or return home. The comments described how 
detention time can lead to fatigued driving, driving during hours 
outside a driver's regular schedule (such as at night), unpredictable 
sleep schedules, and road rage.
    The study will capture information on safety-related events through 
insurance claims data, Federal crash data, telematics data, and driver 
self-reports via prompted electronic questions. The study will link the 
safety-related event data to detention time data and assess whether 
driver detention influences the likelihood of crashes and fatigue.

Suggestions and Support for Detention Time-Related Regulations

    A total of 41 comments provided suggestions and/or support for 
detention time-related regulations, including potential regulations 
addressing driver pay, use of appointment times versus open pick-up/
delivery windows, shipper/receiver facility maintenance and upgrades to 
improve efficiency, the use of leased warehouses, standardization of 
detention time documentation on pick-up/delivery-related paperwork, the 
FLSA, reasonable wait times, fines for shippers/receivers who go beyond 
a federally established wait time limit, and the creation of a Federal 
and/or publicly-accessible database that documents shipper/receiver 
detention time behavior. FMCSA believes the study outlined in this 
notice is essential to obtaining a full and updated understanding of 
detention time, which will help identify solutions to the problem.

Considerations for Defining and Quantifying Detention Time and 
Collecting Necessary Data

    Five comments raised concerns regarding how to define detention 
time, accurately quantify detention time according to a standard 
definition, and collect the necessary data to conduct the study 
analyses. The definition of detention time has varied across industry, 
government, and research; however, it generally includes components 
regarding the time the driver has been at the shipper/receiver, the 
duty status of the driver, and loading/unloading progress. The comments 
emphasized that the study needs to collect accurate data. The current 
study will collect detention time data through multiple methods: driver 
self-report, TMS data (such as shipper/receiver, order pick-up/delivery 
locations, appointment times, scheduled and planned arrival and 
departure times, billed amounts for detention time, etc.), and 
telematics/ELD data (such as latitude and longitude). The study will 
use GPS data and geofenced shipper/receiver facility data to obtain 
arrival and departure information.
    One comment suggested broadening the sample universe to include 
more than one telematics service in FMCSA's carrier eligibility 
requirements. The comment also suggested expanding the sample universe 
to include carriers who do not use telematics services or ELDs. To 
collect the necessary data and answer the study research questions, 
carriers must use a telematics and ELD service. Since the 60-day 
Federal Register notice, FMCSA has partnered with one of the leading 
TMS, ELD, and telematics providers used by many small carriers. While 
the Agency may focus recruitment on clients of this service provider, 
the study documents have been revised to allow carriers using a 
different provider to participate if they meet the criteria and can 
integrate their platforms with the new technology provider.
    Another comment emphasized the need to protect personal information 
shared by carriers and drivers in the study. Protecting participant 
data is of the utmost importance to FMCSA. The Agency will take all the 
necessary precautions to ensure the confidentiality of participant 
data. As part of this process, all drivers and carriers will be 
assigned anonymous identification numbers to link all datasets. 
Further, FMCSA will scrub all datasets of any information that could 
potentially identify participants. Identifying driver and carrier 
information will not be shared with the Agency.
    One comment suggested the burden estimate was too low. However, the 
data management and cleaning tasks the commenter felt had not been 
accounted for will not be the responsibility of participating carriers. 
FMCSA will perform the additional data linking and cleaning tasks not 
included in the burden estimate. However, the Agency has removed the 
data collection task that asked carriers' operation teams to respond to 
questions each time an order is booked, scheduled, or dispatched. 
Information that would have been collected by these questions was 
determined to be redundant to information collected via the automated 
data collection system, and using the automated data collection system 
to collect this information will reduce the burden on participating 
carriers.

Support for the Study

    Thirteen comments specifically mentioned support for the study. The 
comments expressed the importance of collecting accurate and 
representative data, highlighting how updated detention time 
assessments could be utilized to address the frequency and severity of 
detention time. FMCSA believes this is an important study that will 
provide a critical and updated understanding of detention time across 
various segments of the industry.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-03256 Filed 2-15-24; 8:45 am]
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