[Federal Register Volume 90, Number 178 (Wednesday, September 17, 2025)]
[Proposed Rules]
[Pages 44790-44798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17939]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2025-0193]
Hours of Service of Drivers; Pilot Program To Allow Commercial
Drivers To Split Sleeper Berth Time
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notification 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 regulation requiring one rest period of at
least 7 consecutive hours in the sleeper berth for drivers who elect to
split their time in the sleeper berth. Participation in the pilot
program would be limited to approximately 256 drivers of commercial
motor vehicles (CMVs) who possess a valid commercial driver's license
(CDL) and regularly utilize the sleeper berth. Both drivers who wish to
participate in the pilot and their employing motor carriers would be
required to meet specific eligibility criteria to participate. Drivers
selected for participation would provide FMCSA with data for a 4-month
period, divided into a ``baseline'' period of 1 month, during which
they would comply with the current sleeper berth regulations, and
another period of 3 months, during which they would operate under an
exemption allowing additional flexibility in how they may split their
sleeper berth time. The Agency would use the data collected to compare
drivers' safety performance and fatigue levels between the baseline and
exemption periods. The goal of the analysis would be to assess whether
additional flexibility in how sleeper berth time may be split achieves
a level of safety equivalent to that which would be achieved absent the
regulatory relief.
DATES: Comments must be received on or before November 17, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0193 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0193/document. Follow the online
instructions for submitting comments.
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 White, Applied Research
Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
[email protected]; (202)
[[Page 44791]]
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-2025-0193), 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-2025-0193/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 notice. 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 notice.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0193/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 the 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 safety regulations. Pilot
programs are limited to not more than 3 years from the starting 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(e)).
III. Background
Earlier Proposals
In December 2013, the American Trucking Associations, Inc., and the
Minnesota Trucking Association submitted a joint proposal \1\ for a
``flexible sleeper-berth pilot program.'' FMCSA's current proposal is
based, in part, on that joint proposal for a pilot program. To reduce
the potential for negative impacts on safety and ensure the collection
of high-quality data, FMCSA also considered past research on sleep.
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\1\ A copy of the proposal is available in the docket for this
notice.
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On June 6, 2017, FMCSA proposed a pilot program allowing temporary
regulatory relief from the Agency's then-current sleeper berth
regulations and permitting a variety of sleeper berth ``splits'' (82 FR
26232), as shown in the following table:
[[Page 44792]]
Table 1--Examples of Sleeper Berth ``Splits''
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Examples of Sleeper Berth ``Splits''
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Period II
(sleeper berth, Allowed under Allowed under
Type of split Period I (sleeper off duty, or current proposed pilot
berth) (hours) combination) regulations program
(hours)
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None................................... >=10 N/A Yes Yes.
``8/2''................................ >=8 >=2 Yes Yes.
``7/3''................................ >=7 >=3 Yes Yes.
``6/4''................................ >=6 >=4 No Yes.
``5/5''................................ >=5 >=5 No Yes.
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However, when developing the August 22, 2019, hours of service
(HOS) notice of proposed rulemaking (NPRM), FMCSA determined that
additional data collection on the ``7/3'' split was unnecessary, as
there existed sufficient literature and data supporting the inclusion
of this flexibility in the HOS rulemaking (84 FR 44190). Consequently,
FMCSA elected to not pursue the ``flexible sleeper berth pilot
program'' at that time, instead using the HOS NPRM to ask the public
whether data already existed on the ``6/4'' or ``5/5'' splits. No data
was provided in response to the NPRM, but the need remains for
additional flexibility in how drivers may comply with the hours-of-
service regulations. Therefore, FMCSA has decided to move forward with
a revised version of the previously proposed pilot program to collect
data on the safety impacts of allowing drivers to utilize ``6/4'' and
``5/5'' splits.
Applicable Regulations
As described in 49 CFR 395.1(g)(1), a driver who operates a
property-carrying CMV who uses the sleeper berth to obtain the off-duty
time required by Sec. 395.3(a)(1) must accumulate at least 10 hours of
off-duty time before starting a work shift.\2\ The 10 hours may either
be accumulated consecutively, or alternatively, split into 1
consecutive period of at least 7 hours in the sleeper berth and a
second period of at least 2 consecutive hours of time in the sleeper
berth, off duty time, or any combination thereof, provided that the
total of the periods is at least 10 hours. In practice, this allows
drivers to utilize any split of sleeper berth time including and
between a ``7/3'' split and an ``8/2'' split.
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\2\ A ``sleeper berth'' is a sleeping compartment installed on a
CMV that complies with the specifications in Sec. 393.76.
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In comparison, the Flexible Sleeper Berth Pilot Program would
reduce the minimum length of the required sleeper berth period from 7
hours to 5 hours. In practice, this would allow participating drivers
to utilize additional splits, including, for example, a ``6/4'' split
or a ``5/5'' split.
Previous Research
In 2010, the Agency held three listening sessions intended to
solicit comments and information on potential HOS regulations (see 75
FR 285 (Jan. 5, 2010), 75 FR 2467 (Jan. 15, 2010), and 75 FR 9376 (Mar.
10, 2010)). Many drivers said they would like some regulatory
flexibility (i.e., an exemption from consolidated sleeper berth time)
to be able to sleep when they get tired or as a countermeasure to
traffic congestion. Although the Agency's 2011 final rule (76 FR 81134
(Dec. 27, 2011)) did not include a provision allowing sleeper berth
time to be taken non-consecutively (``split''), FMCSA determined that
the issue should be explored in greater depth to determine whether
additional flexibility achieves an equivalent or improved level of
safety relative to compliance with the current regulations.
The Agency conducted a literature review on the topic of split
sleep in 2015, the results of which suggested that sleep split into
multiple segments is restorative,\3\ and when implemented
strategically, does not negatively impact performance.4 5
Further, split sleep does not negatively affect daytime
``neurobehavioral performance'' when compared to a consolidated sleep
period of the same total duration. Table 2 provides a list of selected
studies that support the safety benefits of split sleep for
transportation operators.
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\3\ See: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_9.pdf.
\4\ See: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_2.pdf.
\5\ Also noted by the authors of the 2013 proposal, which is
included in the docket for this notice.
[[Page 44793]]
Table 2--Selected Studies Supporting the Benefits of Split Sleep for
Transportation Operators
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Reference Description
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Thomas G. Raslear, Judith Gertler, and Study analyzes results from
Amanda DiFiore (2013): ``Work schedules, five surveys administered
sleep, fatigue, and accidents in the U.S. between 2006 and 2011 and
railroad industry,'' Fatigue: provides a comprehensive
Biomedicine, Health & Behavior, 1:1-2, 99- description of fatigue in
115.\6\ U.S. railroad workers
employed in safety-
sensitive positions.
Gianluca Ficca, John Axelsson, Daniel J. Literature review explores
Mollicone, Vincenzo Muto, Michael V. daytime split-sleep
Vitiello (2010): ``Naps, cognition and schedules and their effects
performance,'' Sleep Medicine Reviews 14, on recovery (compared with
249-258.\7\ consolidated sleep
schedules) and the benefits
of naps in terms of
wakefulness performance and
cognition.
Daniel J. Mollicone, Hans P.A. Van Dongen, Laboratory study of 93
David F. Dinges (2007): ``Optimizing adults investigates
sleep/wake schedules in space: Sleep physiological sleep
during chronic nocturnal sleep obtained in a range of
restriction with and without diurnal restricted sleep schedules.
naps,'' Acta Astronautica 60, 354--
361.\8\
Daniel J. Mollicone, Hans P.A. Van Dongen, Laboratory study of 90
Ph.D., Naomi L. Rogers, Ph.D., and David adults examined feasibility
F. Dinges, Ph.D. (2008): ``Response of split-sleep schedules
Surface Mapping of Neurobehavioral for astronauts with mission-
Performance: Testing the Feasibility of critical space operations
Split Sleep Schedules for Space involving restricted
Operations,'' Acta Astronautica 63 (7- nighttime sleep.
10): 833-840.\9\
J. Horne (2011): ``Obesity and short Analysis critically examines
sleep: unlikely bedfellows?,'' Obesity the link between habitual
Reviews, 12: e84-e94.\10\ short sleep and obesity,
using a previously
collected data set.
L. Di Milia, G. Kecklund (2013): ``The Study estimates the
distribution of sleepiness, sleep and prevalence of chronic
work hours during a long-distance morning sleepiness and sleep
trip: A comparison between night- and non- restriction in a sample of
night workers,'' Accident Analysis and 649 drivers.
Prevention, 53:17-22.\11\
Gregory Belenky, M.D., Steven R. Hursh, Study reviews the literature
Ph.D., James Fitzpatrick, Hans P. A. Van to examine the recuperative
Dongen, Ph.D. (2008): ``Split Sleeper value of split versus
Berth Use and Driver Performance: A consolidated sleep for
Review of the Literature and Application performance and applies a
of a Mathematical Model Predicting mathematical model to
Performance from Sleep/Wake History and evaluate the effects on
Circadian Phase,'' American Trucking performance of 288 sleeper
Associations.\12\ berth provision compliant
and non-compliant
schedules.
Gregory Belenky, M.D., Melinda L. Jackson, In-residence laboratory
Ph.D., Lindsey Tompkins, Brieann study of 53 healthy
Satterfield, Amy Bender (2012): participants provides
``Investigation of the Effects of Split between-group comparisons
Sleep Schedules on Commercial Vehicle of nighttime, split, or
Driver Safety and Health,'' FMCSA.\13\ daytime sleep across a 5-
day simulated workweek.
------------------------------------------------------------------------
FMCSA sponsored an in-residence laboratory study \14\ titled
``Investigation of the Effects of Split Sleep Schedules on Commercial
Vehicle Driver Safety and Health.'' The study was conducted from
January 2010 through May 2011. Three sleep conditions were examined:
consolidated nighttime sleep, split sleep (utilizing a ``5/5'' split
analogous to the ``5/5'' split referenced in this notice), and
consolidated daytime sleep. With respect to objectively measured sleep,
during the 5-day simulated workweek, participants in the nighttime
condition slept the most (8.4 hours 13.4 minutes),
participants in the daytime condition slept the least (6.4 hours 15.3 minutes), and participants in the split-sleep condition
fell somewhere in between (7.16 hours 14.2 minutes).
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\6\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_1.pdf.
\7\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_2.pdf.
\8\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_3.pdf.
\9\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_5.pdf.
\10\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_4.pdf.
\11\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_6.pdf.
\12\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_7.pdf.
\13\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_9.pdf.
\14\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_4.pdf.
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The study found that consolidated daytime sleep resulted in less
total sleep time, increased subjective ratings of self-assessed
sleepiness, and increases in blood glucose and testosterone at the end
of the workweek (which are indicative of ``metabolic perturbation'')
relative to the start. However, neither cognitive task performance nor
driving performance in a driving simulator task were affected by a
participant's sleep condition. The findings suggest that, with respect
to total sleep time, consolidated sleep is better than split sleep if
the consolidated sleep opportunity takes place at night, but that split
sleep is better than consolidated sleep if the consolidated sleep
opportunity takes place during the day. This laboratory study and the
studies referenced in Table 2 (as well as others) provide the
scientific basis for the present pilot program.
Previous sleep studies that have shown detrimental effects caused
by split sleep are described in Table 3.
[[Page 44794]]
Table 3--Selected Studies Showing Negative Impacts of Split Sleep for
Transportation Operators
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Reference Description
------------------------------------------------------------------------
NTSB (1995). Factors that affect Fatigue Study determined that split-
in Heavy Truck Accidents. Volume I: shift sleeper berth use
Analysis. Safety Study NTSB Number: SS-95/ increased the risk of
01, NTIS Number: PB95-917001, Washington, fatality and that duration
DC.\15\ of last sleep as well as
continuous sleep were the
most important predictors
of fatigue-related
accidents.
Hertz, R.P., ``Tractor-Trailer Driver Study found that CMV driver
Fatality: The Role of Nonconsecutive Rest fatality was significantly
in a Sleeper Berth,'' Insurance Institute associated with split
for Highway Safety, October 1987. Revised sleeper berth use and that
Feb. 1988. http://www.fmcsa.dot.gov/rules- the quality and quantity of
regulations/administration/rulemakings/ sleep obtained in the
final/05-16498-HOS-Final-Rule-8-25- sleeper berth was less than
05.htm.\16\ that obtained when sleeping
at home.
Dingus, et al., ``Impact of Sleeper Berth Concluded that sleeping in a
Usage on Driver Fatigue,'' NHTSA, 2002. moving vehicle impaired the
https://www.regulations.gov/document/ quality of rest.\18\
FMCSA-2004-19608-1994.\17\
Pilcher, JJ and Huffcutt, Al. ``Effects of Found that a single, longer
sleep deprivation on performance: a meta- sleeping period was more
analysis.'' Pubmed.gov, May 1996. https:// refreshing than splitting
www.ncbi.nlm.nih.gov/pubmed/8776790.\19\ sleep into multiple shorter
periods and that fatigue
and micro sleeps were more
likely when an individual
experienced disturbed
sleep.
------------------------------------------------------------------------
The studies shown in Table 3 have findings that may be outdated due
to advances in methods of conducting studies as well as advances in the
understanding of fatigue, fatigue management, and how different sleep
patterns affect performance and fatigue. More recent studies provide
evidence that the circadian rhythm affects fatigue more than splitting
sleep does, and that splitting sleep may be more beneficial than
sleeping in a single rest period during daylight hours. A literature
review performed by Belenky, et al., in 2008 \9\ provided further
evidence supporting the proposed pilot program, notwithstanding the
findings shown in Table 3, and addressed the majority of the
publications cited in Table 3 with respect to the question of
revisiting the subject of split sleep.
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\15\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_12.pdf.
\16\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_8.pdf.
\17\ Available: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_11.pdf.
\18\ Note that the referenced study is applicable to team
driving scenarios.
\19\ Available at: https://downloads.regulations.gov/FMCSA-2016-0260-0313/attachment_10.pdf.
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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 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 docket 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 study-
provided smartphone installed with data collection applications
necessary for the research (e.g., fatigue measurement apps, survey
apps, etc.). These would not include any automated data collection
applications that collect and record information without the driver's
consent. Drivers would also receive a wearable wrist actigraphy device
(e.g., a ``smartwatch'').\20\ At a minimum, FMCSA would gather the
following data during the study:
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\20\ Participants will wear wrist actigraphy devices throughout
their participation in the study. Actigraphy is a minimally
obtrusive, validated approach to assessing sleep/wake patterns.
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Records of duty status prepared using an electronic
logging device, to evaluate participants' use of the split duty period
exemption.
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.
[[Page 44795]]
Subjective sleepiness ratings, using the Karolinska
Sleepiness Scale (KSS),\21\ to measure drivers' perceptions of their
fatigue levels.
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\21\ 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, [chi]\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.
FMCSA acknowledges the potential for employing motor carriers,
shippers, and receivers to pressure participating drivers to use the
exemption in a manner which benefits their business needs but not the
driver's own schedule, restfulness, and safe driving behavior. This is
not FMCSA's intended outcome for the proposed pilot program, nor the
intended usage of the exemption covered by the proposed pilot program.
During the proposed pilot program, FMCSA would 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.
Reasonable Number of Participants Necessary To Yield Statistically
Valid Findings
FMCSA is not aware of any past research which could be used to
guide estimates of effect sizes for fatigue/self-reported sleepiness/
actigraphy data as it pertains to the proposed pilot program's flexible
sleeper berth split options. Therefore, preliminary power analyses were
performed to estimate ranges of required sample sizes given rough
benchmarks for practically significant effect sizes. Because FMCSA is
proposing to use a within-subjects research design, the analyses began
with a power analysis for a t-test examining the difference between
dependent means, using a rough benchmark for a moderate effect size,
dz of 0.25, [alpha] error probability = 0.05, and
statistical power of (1-[beta]) = 0.95. This yielded a sample size
estimate of 175 participants.
Because the true effect sizes are unknown and may be smaller than
estimated in the previous paragraph, further analyses focused on
accepting slightly decreased statistical power (e.g., 0.80) while
increasing sample size to increase the chances of detecting smaller
effects using the same type of t-test. Based on those additional
analyses, FMCSA 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.
(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 split time in
the sleeper berth (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 a 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 will provide
a list of participating motor carriers (but not participating drivers)
on its public website.
FMCSA plans to identify participating motor carriers to the public
via a page on the FMCSA website, updated periodically as necessary to
reflect changes in participation status.
V. Proposed Structure of the Pilot Program
The purpose of this pilot program would be to examine whether
providing additional regulatory flexibility related to the sleeper
berth provision achieves an equivalent level of safety relative to
current regulations.
[[Page 44796]]
At present, a driver may accumulate the equivalent of at least 10
consecutive hours off-duty by taking not more than two periods of
either sleeper berth time or a combination of off-duty time and sleeper
berth time if:
(A) Neither rest period is shorter than 2 consecutive hours;
(B) One rest period is at least 7 consecutive hours in the sleeper
berth;
(C) The total of the two periods is at least 10 hours; and
(D) Driving time in the period immediately before and after each
rest period, when added together:
(1) Does not exceed 11 hours under Sec. 395.3(a)(3); and
(2) Does not violate the 14-hour duty-period limit under Sec.
395.3(a)(2).
The pilot program would be conducted in the form of a research
study in which drivers selected for participation would provide FMCSA
with data for a 4-month period, divided into a ``baseline'' period of 1
month, during which the drivers would comply with the current sleeper
berth regulations, and another period of 3 months, during which they
would operate under an exemption from current sleeper berth
regulations. Participating drivers would be exempt from the
requirements of Sec. 395.1(g)(1)(ii)(B) and instead would be required
to take one rest period of at least 5 consecutive hours in the sleeper
berth. This change would result in drivers having the option to select
alternative split formats for sleeper berth time, including ``5/5'' and
``6/4'' splits.
This pilot program would recruit motor carriers and CDL drivers who
operate a CMV equipped with a sleeper berth and who regularly use the
sleeper berth provision. The sample would incorporate drivers from
small, medium, and large carriers, including owner-operators. FMCSA
plans to collect data from approximately 256 participants. The pilot
program would involve the collection of various safety performance and
fatigue-related data from participating drivers (see subsection titled
``Specific Data Collection and Safety Analysis Plan'' in Section IV of
this notice).
VI. Management of the Pilot Program
FMCSA has designated a program manager for the pilot program. FMCSA
will develop the applications, agreements, and forms to be used by
interested carriers and potential study group members. Participating
carriers will be publicly announced.
Proposed eligibility requirements and procedural matters are
discussed in Sections VII and VIII of this notice.
VII. Proposed Eligibility Criteria To Participate
A. Motor Carriers
The Agency proposes that participation in the pilot program is
contingent upon a motor carrier meeting 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 (Mar. 7, 2016));
4. Must not have a conditional or unsatisfactory safety rating;
5. Must not have any enforcement actions within the past 3 years;
\22\
---------------------------------------------------------------------------
\22\ 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.
---------------------------------------------------------------------------
6. Must not have a driver out of service (OOS) rate above 5.97%;
\23\ and,
---------------------------------------------------------------------------
\23\ 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.
---------------------------------------------------------------------------
7. Must not have a vehicle OOS rate above the 21.41%.\24\
---------------------------------------------------------------------------
\24\ 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.
---------------------------------------------------------------------------
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 be required
to meet the following requirements:
Grant permission for drivers to participate in the
Flexible Sleeper Berth Pilot Program.
Agree to comply with all pilot program procedures, which
will be established and made available in written form to motor 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, which will allow
the researchers to determine whether drivers are utilizing the flexible
sleeper berth exemption and how. 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 flexible sleeper berth exemption.
B. Drivers
The Agency proposes the following eligibility criteria for a driver
to participate in the Flexible Sleeper Berth 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:
For the purposes of the study, operate the same CMV
(equipped with a sleeper berth) as operated for their main source of
employment and regularly use the sleeper berth;
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 who has been approved for
participation in the pilot program and/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
[[Page 44797]]
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. FMCSA
would also reserve the right to exclude from participation any driver
who the Agency believes has a safety history incompatible with the
interests of the pilot program.
VIII. Proposed 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 any/all
driver data collected, including driving data (except data covered by
part 395 of the FMCSRs), sleep/fatigue data, and performance data, must
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 (e.g., solo, team, etc.), duty reporting
location, whether they regularly drive a truck equipped with a sleeper
berth, whether they regularly use their sleeper berth, and whether they
currently prepare RODS using an electronic logging device (ELD).
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 an approved motor carrier (unless the individual is an owner
operator).
Provide written, informed consent after a briefing session
on data collection techniques and methods.
IX. Equivalent Level of Safety
FMCSA has evaluated the research cited in this notice and
determined that lab studies and other research indicate there is
evidence that allowing drivers to utilize a ``6/4'' or ``5/5'' sleeper
berth split for their 10-hour rest requirement is not likely to result
in adverse safety outcomes relative to compliance with current
regulations. Furthermore, FMCSA will implement strict guidelines
detailing who may participate in the pilot and what participants must
do during the pilot to ensure adequate monitoring of performance
throughout the study.
FMCSA will further support efforts to ensure an equivalent level of
safety by reserving the right to remove any participant who is not
adequately completing data collection tasks and uploading their data in
a timely manner or who demonstrates increased crash risk/increased
fatigue levels such that FMCSA determines the driver could present a
safety hazard to the motoring public.
Additionally, data collected will be monitored by the research
team. The contracted research team will be required to inform FMCSA
within 24 hours after learning that a participating driver is involved
in a recordable crash. 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 will 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 OMB as a formal information collection request
(ICR); the Agency cannot conduct the information collection 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
posting possible IC burden data at this time. Once developed, a
separate Federal Register notice will be published to solicit 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, 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)).
XII. Request for Public Comments
Instructions for filing comments to the public docket are included
earlier in this notice. FMCSA seeks information in the following areas,
but responses need not be limited to these questions:
1. Are any additional requirements for participating carriers and
drivers needed to ensure that the pilot program provides a level of
safety equivalent to that without the exemption for additional sleeper
berth flexibility?
2. What safeguards should be considered to ensure that employing
motor carriers, shippers, and receivers do not abuse the split sleeper
berth provision (including the additional options covered by the
proposed pilot program) 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
flexible sleeper berth exemption by shippers and receivers (e.g.,
through coercion, imposing of additional delays on participating
drivers while waiting to load/unload, etc.)?
4. Would the proposed data collection efforts for carriers and
drivers discourage participation?
5. Should FMCSA consider collecting additional data/metrics other
than those listed in this notice?
6. Is the proposed 4 months' participation/data collection for an
individual driver sufficient?
7. Is a 1-month baseline period sufficient for comparison of
drivers operating under the current regulations vs operating under the
exemption?
8. Is the estimated sample size of 256 drivers sufficient to
establish reasonable statistical power?
9. What additional factors, such as driver sex, geographic
location, age, operating types, or driver experience, should be
considered when selecting
[[Page 44798]]
participants to ensure a representative sample is achieved?
10. Should FMCSA consider requesting participating carriers grant
voluntary permission for the collection of data from their existing
outward facing cameras (for the purposes of capturing crash and safety
critical event video footage), provided their decision does not affect
their eligibility to participate in the pilot program?
11. 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. 2025-17939 Filed 9-16-25; 8:45 am]
BILLING CODE 4910-EX-P