[Federal Register Volume 90, Number 178 (Wednesday, September 17, 2025)]
[Notices]
[Pages 44872-44879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17938]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0194]
Hours of Service of Drivers; Pilot Program To Allow Commercial
Drivers To Pause Their 14-Hour Driving Window
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed pilot program; request for comments.
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SUMMARY: FMCSA proposes a pilot program allowing temporary regulatory
relief from the Agency's hours-of-service (HOS) requirement that all
driving by drivers of property-carrying commercial motor vehicles
(CMVs) be completed within 14 hours after coming on duty. During the
proposed pilot program, known as the ``Split Duty Period Pilot
Program,'' participating CMV drivers would have the option to extend
their 14-hour ``driving window'' by taking one off-duty, sleeper berth,
or on-duty/not driving period (taken at the location of a pick-up or
delivery of cargo), including what is sometimes called ``detention
time'', of no less than 30 minutes and no more than 3 hours.
Participation would be limited to approximately 256 commercial driver's
license (CDL) holders who meet the eligibility criteria specified for
participation. Because the program would be applicable only to the
rules for drivers of property-carrying CMVs, drivers of passenger-
carrying CMVs would not be eligible for participation. This pilot
program would examine whether such flexibility achieves a level of
safety that is equivalent to, or greater than, the level of safety that
would be achieved through compliance with the current regulations.
FMCSA believes that the exemption covered by the proposed pilot program
provides the flexibility to take extra rest, avoid driving during
traffic congestion, and mitigate the impacts of unreasonable
``detention times,'' thereby improving the working conditions of
America's truck drivers.
DATES: Comments must be received on or before November 17, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0194 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0194/document. Follow the online
instructions for submitting comments.
[[Page 44873]]
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Dr. Samuel R. White, Applied Research
Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
[email protected]; (202) 875-1029. If you have questions on viewing
or submitting material to the docket, call Dockets Operations at (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
notice (FMCSA-2025-0194), indicate the specific section of this
document to which your 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 FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0194/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the NPRM. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at [email protected]. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0194/document and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31315(c) to conduct pilot
programs. These programs are research studies where one or more
temporary exemptions are granted to a person or class of persons
subject to certain Federal Motor Carrier Safety Regulations (FMCSRs),
to allow for the testing of innovative alternatives to those
regulations (49 U.S.C. 31315(c)(1); see also 49 CFR 381.400). FMCSA
must publish in the Federal Register a detailed description of each
pilot program, including the exemptions being considered, and provide
such notice and an opportunity for public comment before the effective
date of the program. The Agency is required to ensure that the safety
measures in its pilot programs are designed to achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be achieved through compliance with the current regulations.
Pilot programs are limited to not more than 3 years from the start date
(49 U.S.C. 31315(c)(2)). The requirements in 49 CFR part 395--Hours of
Service of Drivers, are eligible for pilot program exemptions. (49 CFR
381.400(f)(8)).
At the conclusion of each pilot program, FMCSA must submit a report
to Congress concerning the findings, conclusions, and recommendations,
including suggested amendments to laws and regulations that would
enhance motor carrier, CMV, and driver safety, and improve compliance
with the FMCSRs (49 U.S.C. 31315(c)(5)).
III. Background
HOS Rulemaking--Pause to the 14-Hour Window
On August 22, 2019, FMCSA published a notice of proposed rulemaking
(NPRM) concerning drivers' HOS which proposed certain amendments to
provide greater flexibility for drivers, without adversely affecting
safety (84 FR 44190). As part of that rulemaking, FMCSA proposed that a
single off-duty period of between 30 minutes and 3 consecutive hours
could be excluded from the 14-hour ``driving window,'' provided the
driver complies with the existing requirement to take 10 consecutive
hours off-duty before beginning driving. The Agency explained that a
single pause of up to 3 hours would provide significantly more
flexibility than is allowed under the current rules. The pause would
have allowed drivers to take an off-duty break without concerns of
exhausting their available hours under the 14-hour ``driving window.''
This would also have allowed them to get additional rest or avoid
traffic congestion.
[[Page 44874]]
FMCSA Decision To Exclude the Pause From the Final Rule
After reviewing the public comments to the NPRM, the Agency decided
not to include the pause to the 14-hour ``driving window'' in the final
rule (85 FR 33396, June 1, 2020). Although FMCSA explained that it
continued to believe that an opportunity for a single off-duty pause in
the 14-hour ``driving window'' could provide flexibility for drivers
without compromising safety, many commenters believed that drivers
would be pressured by carriers, shippers, or receivers to use the break
for reasons other than accommodating their own rest or schedule. These
comments suggested that the pause could have unintended consequences
that were not adequately evaluated in the development of the NPRM.
Previous FMCSA Proposal To Conduct a Split Duty Period Pilot Program
To further evaluate the outcomes of a split duty period, the Agency
later proposed a pilot program which would have examined the level of
safety of extending the 14-hour ``driving window'' after a 30-minute to
3-hour off-duty period (85 FR 55061, Sept. 3, 2020). Due to changes in
programmatic priorities over time, FMCSA ultimately did not initiate
the pilot program. Since then, drivers have continued to encounter
various scenarios in which they might have benefited from the
flexibility to extend the 14-hour ``driving window,'' including
encountering unreasonably long periods of ``detention time'' when
waiting to load or unload. The previously proposed pilot program,
however, would not have allowed on-duty time of any type to count
toward a ``pause,'' even if that program had been completed.
FMCSA's Proposal To Conduct a New Split Duty Period Pilot Program
The pilot program FMCSA is currently proposing is designed, among
other purposes, to allow drivers to use up to 3 hours of off duty,
sleeper berth, or on-duty/not driving time (provided it is taken at the
location of cargo delivery or pickup) to extend their 14-hour ``driving
window.'' The goal of this pilot program's exemption is to safely and
flexibly give drivers more control over their work schedule.
FMCSA acknowledges, as noted by comments received in response to
the 2019 HOS NPRM, that the potential benefits of increased flexibility
could be undermined if the pause is used by carriers, shippers, or
receivers for purposes other than the productivity and safety of
drivers, e.g., to justify existing or further delays in loading or
unloading. During the proposed pilot program, FMCSA plans to track the
type of duty status participating drivers use to extend their 14-hour
``driving window,'' which will assist the Agency in estimating the
extent to which ``detention time'' occurs, as well as its potential
effects on driver fatigue and safety performance metrics, compared to
pauses taken under other circumstances. During the proposed pilot
program, FMCSA would also actively monitor and watch for any indication
that shippers, receivers, or employing motor carriers are
inappropriately influencing or misusing a driver's ability to determine
how and when to utilize the flexibility provided by the exemption. In
addition to potentially providing relief from ``detention time,'' the
Agency believes that a pause (off-duty, sleeper berth, or on-duty/not
driving time [provided it is taken at the location of a cargo delivery
or pickup]) of up to 3 consecutive hours during a work shift may enable
drivers to avoid congestion. The subsequent driving time would then be
more productive, as drivers may have a greater opportunity to travel at
the posted speed limits rather than at lower speeds through heavy
traffic and congestion. It may also reduce the pressure to drive above
the posted speed limits because of concerns related to the 14-hour
``driving window.'' In addition, drivers would have greater flexibility
to take a rest break (off-duty or sleeper berth time) to reduce the
likelihood of experiencing fatigue while driving. Drivers would
continue to take 10 consecutive hours off-duty at the end of the duty
period, meaning that they could in fact get more overall hours of rest
under the proposed pilot program than without it, despite the potential
to extend the 14-hour ``driving window'' on individual days. In
addition, this exemption would have no direct impact on any applicable
requirements covered by Sec. 395.3(a)(3) or (b), except that a pause
taken in accordance with the exemption may serve as the
``interruption'' required by Sec. 395.3(a)(3)(ii), provided that it
has a duration of at least 30 minutes and otherwise complies with the
requirements of that paragraph.
With regard to safety impacts, the Agency notes that the proposed
pilot program would not affect current limits on on-duty and/or driving
hours. Any on-duty/not driving time (taken at the location of a cargo
delivery or pickup) used to extend the driver's 14-hour ``driving
window'' under this pilot program's exemption would continue to count
against the 60/70-hour on-duty time limits in a 7 or 8-day period
(respectively). However, any off duty or sleeper berth time used to
extend the driver's 14-hour ``driving window'' under this pilot
program's exemption would not count against the 60/70-hour rule. In
addition, drivers would still be required to have 10 consecutive hours
off-duty or in the sleeper berth at the end of their shift and continue
to be limited under the 60/70-hour rule.
Applicable Regulations
Under 49 CFR 395.3(a)(2), a driver of a property-carrying CMV may
drive only during a period of 14 consecutive hours after coming on duty
following 10 consecutive hours off duty. The driver may not drive after
the end of the 14-consecutive-hour period without first taking 10
consecutive hours off duty or in the sleeper berth (including the
option to take the ``equivalent of at least 10 consecutive hours off-
duty'' as referenced in Sec. 395.1(g)(1)(i)(E)).
Relevant Research
FMCSA will conduct additional research during the refinement of the
pilot program design. The Agency believes that the proposal for this
pilot program is supported by ``The Impact of Driving, Non-Driving
Work, and Rest Breaks on Driving Performance in Commercial Motor
Vehicle Operations.'' \1\ That study showed that the safety critical
event (SCE) rate increased modestly with increasing work and driving
hours, up to a 14-hour ``window'', but also that breaks can be used to
counteract the negative effects of time-on-task. The results from the
break analyses indicated that significant safety benefits can be
afforded when drivers take breaks from driving. However, this study
data cannot be extrapolated to determine the potential impact of
including up to a 3-hour pause in the 14-hour ``driving window.'' After
completion of a thorough review and refinement, any additional relevant
information will be included in subsequent Federal Register notices
(such as those related to an information collection request (ICR) prior
to initiation of the pilot program.
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\1\ Blanco, M., Hanowski, R., Olson, R., Morgan, J., Soccolich,
S., Wu, S.C., & Guo, F. (2011).
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IV. Pilot Program Requirements
Specific requirements for pilot programs are found in 49 U.S.C.
31315(c) and subparts D and E of 49 CFR part 381. A pilot program is a
study in which participants are given exemptions from one or more
provisions of the FMCSRs for up to 3 years to
[[Page 44875]]
gather data to evaluate alternatives or innovative approaches to
regulations, while ensuring that an equivalent level of safety is
maintained.
A pilot program must include the following elements in each pilot
program plan:
(A) A scheduled life of each pilot program of not more than 3
years.
(B) A specific data collection and safety analysis plan that
identifies a method for comparison.
(C) A reasonable number of participants necessary to yield
statistically valid findings.
(D) An oversight plan to ensure that participants comply with the
terms and conditions of participation.
(E) Adequate countermeasures to protect the health and safety of
study participants and the general public.
(F) A plan to inform State partners and the public about the pilot
program and to identify approved participants to safety compliance and
enforcement personnel and to the public.
At the conclusion of each pilot program, FMCSA reports to Congress
the findings and conclusions of the program and any recommendations it
considers appropriate, including suggested amendments to laws and
regulations that would enhance motor carrier, CMV, and driver safety
and improve compliance with the FMCSRs (Sec. 381.520, see also 49
U.S.C. 31315(c)(5)).
Scheduled Life of Pilot Program
The pilot program will take approximately 34 months (up to 36
months) to complete in its entirety.
Specific Data Collection and Safety Analysis Plan
As detailed in this notice, the data collection portion of the
pilot program will be 4 months per participating driver. Of that time,
for each driver, 1 month will involve the collection of data while the
driver operates under ``baseline'' conditions (i.e., according to the
current regulations). The remaining 3 months of the data collection
period will consist of operations under the exemption.
Details of the data collection plan for this pilot program are
subject to change based on comments to the notice and further review by
analysts. Proposed information to be collected from each participating
motor carrier and driver before the pilot program begins (i.e., during
the application phase) are discussed in Section VIII of this notice.
Following a pre-study briefing, participants would receive a smartphone
provided by FMCSA's research services contractor installed with data
collection apps necessary for the research (e.g., fatigue measurement
apps, survey apps, etc.). These devices would not include any
additional automated data collection applications that collect and
record information without the driver's consent. Drivers would also
receive a wrist actigraphy device (i.e., ``smartwatch''). FMCSA
proposes the collection of the following information:
Records of duty status prepared using an electronic
logging device, to evaluate participants' use of the split duty period
exemption/optional pause.
Roadside inspection data and crash records.
Wrist actigraphy data, to evaluate total sleep time, time
of day sleep was taken, and sleep quality, e.g., sleep latency and
intermittent wakefulness.
Psychomotor Vigilance Test (PVT) data, to evaluate
drivers' behavioral alertness/effects of fatigue, based on reaction
times. For this study, drivers would be required to complete daily
iterations of a brief PVT, a 3-minute behavioral alertness test which
measures drivers' alertness levels by timing their reactions to visual
stimuli.
Subjective sleepiness ratings, using the Karolinska
Sleepiness Scale (KSS),\2\ to measure drivers' perceptions of their
fatigue levels.
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\2\ The KSS is a nine-point Likert-type scale ranging from
``extremely alert'' to ``extremely sleepy'' and has been widely used
in the literature as a subjective assessment of alertness.
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Survey data (e.g., driver pre-and-post study surveys to
provide contextual information).
Other information necessary to complete the analyses may
be collected through the participating motor carrier. Every effort will
be made to reduce the burden on the motor carrier in collecting and
reporting this data.
The ``method of comparison'' for the ``safety analysis plan'' will
vary depending on the data, but may include t-tests, x\2\ tests, other
inferential/descriptive statistics, and/or qualitative analyses to
include case narratives (e.g., for crash events). To make effective
comparisons between drivers operating in compliance with the current
regulations and drivers operating under the conditions of the
exemption, the study has been structured as a within subjects research
design, which will compare data for the same drivers operating under
both conditions.
Reasonable Number of Participants Necessary To Yield Statistically
Valid Findings
FMCSA is not aware of any past research which might inform
estimates of effect size for the pilot program described in this
notice. Therefore, preliminary statistical power analyses were
performed in an effort to estimate ranges of required sample sizes
given practically significant effect sizes. For example, given an
effect size dz of 0.25, [alpha] error probability = 0.05,
and statistical power of (1-[beta]) = 0.95, for a t-test examining the
difference between dependent means (as is the case for a within-
subjects research design), we estimate the total required sample size
to be 175.
To control for an unknown effect size (i.e., dz) which
may be smaller than estimated in the previous paragraph, we explored
how increasing the sample size could be balanced against slightly
decreased statistical power (e.g., 0.80) to increase the chances of
detecting smaller effects using the same type of statistical tests.
Based on those additional analyses, we selected an increased target
sample size of 256 drivers. This number is advantageous in that it
provides a moderately improved probability of detecting ``small''
effect sizes relative to a sample size of 175, while providing
adaptability to changes in research needs that might arise going
forward (e.g., a change to a mixed design vs the present plan to
utilize a within subjects design).
Oversight Plan To Ensure That Participants Comply With the Terms and
Conditions of Participation
Eligibility criteria for participation in the proposed pilot
program are covered in section VII of this notice.
To ensure that drivers and motor carriers continue to meet these
criteria, that the use of the exemption is according to the terms and
conditions covered in this notice, and that drivers and motor carriers
continue to provide the agreed-upon data, the following oversight plan,
or a variation of it, will be used:
(1) Carriers' SMS data, including out-of-service rates and other
performance parameters, will be reviewed on a monthly basis during the
data collection portion of the pilot program.
(2) Carriers' crash records, including any crashes involving
participating drivers, will be reviewed at frequency of not less than
every two days during the data collection portion of the pilot program.
(3) Carriers' Motor Carrier Management Information System data,
including licensing and insurance data, will be reviewed at a frequency
of not less than every three days during the data collection portion of
the pilot program.
[[Page 44876]]
(4) Incoming data, including, for example, actigraph records and
records of duty status prepared using an electronic logging device,
will be reviewed daily to weekly, depending on the element being
reviewed.
Adequate Countermeasures To Protect the Health and Safety of Study
Participants and the General Public
FMCSA believes that the same measures which would be used to verify
motor carrier/driver compliance with the terms and conditions of the
pilot program represent adequate countermeasures to protect the health
and safety of study participants and the general public.
In addition, FMCSA would reserve the right to remove any motor
carrier or driver from the pilot program for reasons related to, but
not limited to, the failure to meet all program requirements or a
determination of increased safety concerns. (see 49 U.S.C.
31315(c)(3)). FMCSA would additionally reserve the right to terminate
the pilot program at any time such as if there is evidence of increased
safety risk resulting from the use of the exemption to extend the 14-
hour ``driving window.'' (see 49 U.S.C. 31315(c)(4)).
Plan To Inform State Partners and the Public About the Pilot Program
and To Identify Approved Participants to Safety Compliance and
Enforcement Personnel and to the Public
FMCSA plans to inform State partners about the program through a
variety of means, including email announcement, announcement on the
FMCSA website, and discussion of the program at events frequently
attended by representatives of State partner agencies.
FMCSA will identify approved participants to safety compliance and
enforcement personnel via document provided to each participant that
must be carried by the driver during the data collection portion of the
pilot program which identifies them as an approved participant. In
addition, FMCSA will provide a list of participating motor carriers and
drivers to State and Federal enforcement officials via FMCSA's Query
Central system. Query Central is a non-public system accessible to
State and Federal enforcement officials. Separately, FMCSA would
provide a list of participating motor carriers (but not participating
drivers) on its public website.
V. Structure of the Pilot Program
The proposed pilot program would test whether and how pausing the
14-hour ``driving window'' by an amount equal to the length of a single
off-duty, sleeper berth, or on-duty/not driving period (taken at the
location of a pick-up or delivery of cargo) of between 30 minutes and 3
hours, affects safety performance, sleepiness, and metrics related to
driver fatigue. To make this comparison, FMCSA would collect data from
drivers participating in a repeated measures study, including a 1-month
period during which drivers would operate in compliance with the
current regulatory requirements, and a separate 3-month period during
which the same drivers would be issued an exemption from current HOS
regulations to allow them to pause their 14-hour ``driving window,'' as
previously described.
FMCSA proposes collecting data from approximately 256 CDL drivers
operating in various locations in the United States for small, medium,
and large motor carriers, as well as independent owner-operators, who
would have applied and been accepted for participation in the pilot
program.
Based on preliminary statistical power analyses, FMCSA believes
that this sample is of a sufficient size to detect statistical
differences having moderately small effect sizes between drivers
utilizing the optional ``pause'' and drivers operating under current
regulations. The Agency notes, however, that some of the variables
proposed for data collection represent infrequent events--e.g.,
crashes. It is anticipated that such cases will contribute to
meaningful qualitative, if not quantitative, analyses.
Subject to the outcomes of recruitment efforts, voluntary
withdrawal of participants from the pilot program, and other types of
attrition, FMCSA may need to recruit more than 256 drivers to collect a
full 4 months of data from 256 individuals. In addition, the same
factors may result in data collection activities for the study lasting
longer than 4 months overall, despite the collection of only 4 months
of data from individual drivers. In conducting statistical analyses,
FMCSA will take measures to ensure that covarying factors, e.g.,
seasonal variations in crash rates, are accounted for to the extent
practicable.
Safety performance would be evaluated through a review of
inspection records (e.g., HOS and unsafe driving violations) and crash
data. Depending on feedback received in response to this notice, FMCSA
may request voluntary transfer of external-facing camera footage to
gather information about crashes and other SCEs, as well as telematics
data, to gather information about driving events (e.g., harsh braking).
Subjective assessments of sleepiness/fatigue will be performed
regularly. Sleep quality and duration will be estimated through
actigraph data. The effects of driver fatigue will be measured through
regular administration of the psychomotor vigilance task.
Participating carriers meeting the eligibility criteria, as
described later in this notice, would be permitted to refer their
drivers for participation. Drivers would be enrolled in the pilot
program contingent upon approval from the employing motor carrier, as
applicable. Owner operators who independently operate a motor carrier
would self-certify accordingly.
VI. Management of the Pilot Program
FMCSA has designated a project manager for the pilot program. FMCSA
would develop the applications, agreements, and forms to be used by
interested carriers and potential study group members. Participating
carriers would be announced publicly.
Eligibility requirements and procedural matters are discussed in
Sections VII and VIII of this notice.
VII. Eligibility Criteria To Participate
A. Motor Carriers
The Agency proposes that in order to qualify for participation in
the pilot program, motor carriers would have to meet the following
eligibility criteria:
1. Must have proper operating authority and registration;
2. Must have the minimum levels of financial responsibility, if
applicable;
3. Must not be a high or moderate risk carrier, as defined in the
Agency's Federal Register notice titled ``Notification of Changes to
the Definition of a High-Risk Motor Carrier and Associated
Investigation Procedures'' (81 FR 11875); \3\
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\3\ Available at https://www.federalregister.gov/documents/2016/03/07/2016-04972/notification-of-changes-to-the-definition-of-a-high-risk-motor-carrier-and-associated-investigation.
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4. Must not have a Conditional or Unsatisfactory safety rating;
5. Must not have any enforcement actions within the past 3 years;
\4\
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\4\ Enforcement actions include, for example, federal out of
service orders and/or monetary penalties issued by FMCSA to a motor
carrier or driver for non-compliance.
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6. Must not have a driver out of service (OOS) rate above 5.97%;
\5\ and,
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\5\ Lowest annual average national driver out-of-service rate
for past 5 calendar years (2021-2025) per FMCSA's Analysis &
Information website at time of this notice.
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7. Must not have a vehicle OOS rate above the 21.41%.\6\
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\6\ Lowest annual average national vehicle out-of-service rate
for past 5 calendar years (2021-2025) per FMCSA's Analysis &
Information website at time of this notice.
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[[Page 44877]]
In addition, unpaid civil penalties may be grounds to be
disapproved from participating in the pilot program.
Motor carriers participating in the pilot program would also be
required to meet the following requirements:
Grant permission for drivers to participate in the Split
Duty Period Pilot Program.
Agree to comply with all pilot program procedures, which
will be established and made available in written form to carrier-
applicants prior to initiation of the pilot program.
Grant permission for researchers to gather records of duty
status prepared using an electronic logging device for each
participating driver throughout the study duration. Records of duty
status provided for this pilot program will be:
[cir] Transferred by the motor carrier directly to third-party
researchers contracted by FMCSA.
[cir] Stored securely and used by the researchers contracted by
FMCSA only for the purposes of research for this pilot program as
described in this Federal Register notice and as approved by an
Institutional Review Board.
[cir] Described in the results section of a research report
resulting from this pilot program only in an aggregate or anonymized
manner.
Records of duty status provided to the researchers for this pilot
program will not be:
[cir] Transferred to FMCSA.
[cir] Possessed by FMCSA.
[cir] Reviewed by FMCSA.
[cir] Used by FMCSA for enforcement actions against a motor carrier
or driver for noncompliance.
Grant permission for drivers participating in the study to
operate under the split duty period exemption.
B. Drivers
The Agency proposes the following eligibility criteria for drivers
participating in the Split Duty Period Pilot Program. A driver would
not be eligible for participation in the pilot program if, during the
2-year period immediately preceding the date of participation, the
driver had his or her license suspended, revoked, cancelled, or has
been disqualified for a conviction of one of the disqualifying offenses
listed in Sec. 383.51.
In addition, drivers would be required to:
Possess a valid CDL;
Maintain a valid medical certificate from a healthcare
professional on the Agency's National Registry of Certified Medical
Examiners while participating in the pilot program;
Be employed by a motor carrier approved for participation
in the pilot program or certify as an owner-operator;
Agree to comply with the study procedures, including the
use of a wearable actigraph, the completion of tests/surveys related to
fatigue/sleepiness, and the preparation of records of duty status using
an electronic logging device. Records of duty status, actigraph data,
and data collected using test/survey instruments will be transferred to
third-party researchers contracted by FMCSA to perform the research
services for the pilot program. The researchers will not transfer any
of this data or information to FMCSA. It will not be used by FMCSA for
the purposes of enforcement actions against a participating motor
carrier or driver. It will only be used by the researchers for the
research purposes described in this Federal Register notice, including
to verify and characterize drivers' use of the optional pause, the
effects of the pause on fatigue and driving behavior, and participants'
adherence to the parameters of the pilot program. If this pilot program
results in a research report, this data will only be presented in an
aggregated or anonymized fashion such that an individual driver's data
or identity could be determined from the information appearing in the
report.
VIII. Process To Apply To Participate
A. Motor Carriers
Visit the pilot program website and complete an electronic
application with screening questionnaire, which will request the
following details, at a minimum: name, job title, carrier information,
company name, and carrier size.
The carrier's representative must acknowledge that all
driver data, to include driving/performance data (except data/records
the driver must furnish the motor carrier per the FMCSRs), sleep data,
and fatigue data remain confidential and will not be shared with the
company.
B. Study Group Drivers
Visit the pilot program website and complete an electronic
application including the following details, at a minimum: name,
contact information, Medical Certification expiration date, CDL status,
typical operation type (solo, team, etc.), duty reporting location, and
whether they currently prepare records of duty status using an
electronic logging device.
Participate in a phone call with a member of the research
team to confirm interest and eligibility.
Identify their current employer to ensure the motor
carrier is approved for participation in the pilot program (unless the
individual is an independent owner operator).
Provide written, informed consent after a briefing session
on data collection techniques and methods.
IX. Equivalent Level of Safety
FMCSA is unaware of any directly relevant past research regarding
the use of split duty periods among commercial motor vehicle drivers in
the same or similar context to the proposed pilot program--this is one
of the reasons FMCSA believes the pilot program should be conducted.
However, for practical purposes, the Agency presents the following
straightforward arguments supporting its belief that the exemption
covered by the pilot program will achieve, at minimum, an equivalent
level of safety.
(1) Effect on Overall Duty Cycle: Although participating drivers
would be permitted to pause a given 14-hour ``driving window'' by up to
3 hours, most use cases the Agency explored in developing this pilot
proposal resulted in very similar duty cycle outcomes over time. For
example, consider the following two cycles of duty statuses repeated
over time:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
A (Baseline) B (Exemption)
----------------------------------------------------------------------------------------------------------------
Off Duty.............................. 10 Hours................ Off Duty................ 10 Hours.
Driving............................... 8 Hours................. Driving................. 8 Hours.
On Duty............................... 6 Hours................. On Duty................. 6 Hours.
Driving................. 3 Hours.
----------------------------------------------------------------------------------------------------------------
When carried out over the course of a 5-day period, both drivers
reach the 70-hour/8-day limit at exactly the same time on the same day,
even though the driver in example ``B'' may exclude 3 hours of ``on-
duty'' time from the calculation of each of their 14-hour ``driving
windows.'' The primary difference between the two examples, for
practical purposes, is that the driver in example ``B'' has much more
flexibility in choosing how to allocate those 70 hours than the driver
in example ``A.''
(2) Effects of a 17-Hour Window: The Agency already permits
property-carrying drivers to intermittently utilize a 16-hour ``driving
window'' under Sec. 395.1(o), which places no restriction on
eligibility for this extension based on type of duty status used, nor
does it require an additional interruption in driving time to utilize.
In contrast, while the proposed ``pause'' could result in an up to 17-
hour ``driving window,'' it effectively incorporates both a requirement
to interrupt driving and a restriction of duty status types during the
``pause'' to only non-driving duty statuses. Moreover, the proposed
pause would not result in a longer overall
[[Page 44878]]
``duty window'' than the maximum recommended by literature FMCSA has
previously cited in support of the 14-hour ``driving window.''
(3) Allowing On-Duty Time To Serve as a Pause: The Agency already
permits drivers to use on-duty/not driving time to serve as the
required 30-minute interruption of driving time required by Sec.
395.3(a)(3)(ii). Further, in the case of the 30-minute interruption,
there is no restriction placed on the nature of any on-duty/not driving
time. In contrast, the proposed pilot program would only permit on-duty
time which takes place at the location where cargo will be picked up or
delivered, reflecting the intent that the option be used primarily for
``detention time'', not performing other work for the motor carrier.
(4) Rotation of the Circadian Rhythm/Sleep Cycle: The Agency's
current HOS rules already allow for rotation of the circadian rhythm,
including in common use cases. For example, consider a driver whose
goal is to use all available driving time each day while minimizing
time spent not driving. This driver would cycle through the following
duty statuses:
------------------------------------------------------------------------
------------------------------------------------------------------------
Maximizing Driving Under Current HOS Rules
------------------------------------------------------------------------
Off Duty.................................. 10 Hours.
Driving................................... 8 Hours.
Off Duty.................................. 0.5 Hours.
Driving................................... 3 Hours.
------------------------------------------------------------------------
This corresponds to a 21.5-hour cycle and a backward rotation of
the driver's wake time by 2.5 hours after each period of 10 consecutive
hours off duty. In contrast, a driver using the maximum pause under the
pilot program after each period of 10 consecutive hours off duty will
have slightly more rotation--3 hours--but the directionality is forward
rather than backward. Forward rotation, in which the wake time gets
later each day, is generally recognized as safer/less disruptive than
backward rotation.
Besides these commonsense arguments demonstrating the high
likelihood that an equivalent level of safety would be achieved, FMCSA
would further support safe operations by reserving the right to remove
any motor carrier or driver from the pilot program for reasons related,
but not limited to, failure to meet all program requirements or a
determination of increased safety concerns (see 49 U.S.C. 31315(c)(3)).
FMCSA would reserve the right to terminate the pilot program at any
time if, for example, there is evidence of increased safety risk by
carriers and/or drivers participating in the pilot program (see 49
U.S.C. 31315(c)(4)).
In addition, data collected would be monitored by the research
team. The contracted research team would be required to inform FMCSA
within 24 hours after learning that a participating driver is involved
in an ``accident'' as defined in Sec. 390.5T. Should there be any
adverse outcomes identified, FMCSA may end the pilot program early or
remove a participating carrier as a measure to maintain an equivalent
level of safety.
X. Paperwork Reduction Act
The pilot program would require participating motor carriers to
collect, maintain, and report to FMCSA certain information about their
drivers who are participating in the pilot program. This would include
identifying information and safety performance data for use in
analyzing the drivers' safety history. The Agency will develop forms to
promote uniformity in the data collected by the pilot carriers.
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) prohibits
agencies from conducting information collection (IC) activities until
they analyze the need for the collection of information and how the
collected data will be managed. Agencies must also analyze whether
technology could be used to reduce the burden imposed on those
providing the data. The Agency must estimate the time burden required
to respond to the IC requirements, such as the time required to
complete a particular form. The Agency submits its IC analysis and
burden estimate to the Office of Management and Budget (OMB) as a
formal ICR; the Agency cannot conduct the IC until OMB approves the
ICR.
Because certain aspects of this pilot program--such as the content
of forms and reports--have not been finalized, the Agency is not
publishing possible IC burden data at this time. A separate Federal
Register notice will be published to solicit additional comments on the
ICR.
XI. Removal From the Program
FMCSA would reserve the right to remove any motor carrier or driver
from the pilot program for reasons related to, but not limited to, the
failure to meet all program requirements or a determination of
increased safety concerns (see 49 U.S.C. 31315(c)(3)). FMCSA would
additionally reserve the right to terminate the pilot program at any
time such as if there is evidence of increased safety risk resulting
from the use of the exemption to extend the 14-hour ``driving window''
(see 49 U.S.C. 31315(c)(4)).
XII. Request for Public Comments
FMCSA seeks information in the following areas, but responses need
not be limited to these questions:
1. Are any additional safeguards needed to ensure that the pilot
program provides a level of safety equivalent to that without the 14-
hour ``driving window'' pause exemption?
2. What safeguards should be considered to ensure that employing
motor carriers, shippers, and receivers do not abuse the exemption by
coercing or forcing participating drivers to use it at/during times not
chosen by the driver?
3. What measures should FMCSA take to disincentivize abuse of the
exemption by shippers and receivers (e.g., through coercion, imposing
of additional delays on participating drivers while waiting to load/
unload, etc.)?
4. Are the types of data (e.g., actigraph data, psychomotor
vigilance task data, records of duty status prepared using an
electronic logging device, etc.) proposed for collection so burdensome
to provide as a participant as to discourage participation?
5. Should team drivers be allowed to participate in the pilot
program? Should there be additional considerations for team drivers?
6. What additional factors, such as driver sex, geographic
location, age, operating types, or driver experience, should be
considered when selecting participants to ensure a representative
sample is achieved?
7. Is the estimated sample size of 256 drivers sufficient to
establish reasonable statistical power? Is 1 month of baseline data and
3 months of data while operating under the exemption sufficient to
capture and differences in safety performance or fatigue between the
two conditions?
8. Should FMCSA consider additional metrics for measuring safety
performance and/or fatigue beyond those already proposed in this
notice?
9. What other potential data collection tools should FMCSA use for
the pilot program in addition to actigraphs, record of duty status
prepared using an electronic logging device, and phone apps assessing
fatigue?
10. Do the potential safety controls offered by requiring all
participating drivers to provide data for the ``baseline'' 1-month
period prior to providing data for the 3-month ``exemption'' period
outweigh the potential drawbacks to validity of such a design (e.g.,
order effects)?
[[Page 44879]]
11. Should FMCSA consider requesting that participating carriers
grant voluntary permission for the collection of existing outward
facing camera data for the purposes of capturing crash and SCE video
footage (provided their decision does not affect their eligibility to
participate in the pilot program)?
12. Should FMCSA consider requesting participating carriers grant
voluntary permission for the collection of data from their existing
telematics systems (e.g., for driving events such as instances of harsh
braking) provided their decision does not affect their eligibility to
participate in the pilot program?
In addition, FMCSA encourages motor carriers and owner operators
who are interested in participating in the proposed pilot program to
express this interest via public comment.
Issued under authority delegated in 49 CFR 1.87.
Jesse Elison,
Chief Counsel.
[FR Doc. 2025-17938 Filed 9-16-25; 8:45 am]
BILLING CODE 4910-EX-P