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Federal Register/Vol. 85, No. 105/Monday, June 1, 2020/Rules 33396 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations DEPARTMENT OF TRANSPORTATION E. ANPRM Public Listening Sessions motor vehicles (CMVs) prompted F. 2019 NPRM numerous requests for FMCSA to Federal Motor Carrier Safety VI. Stakeholder Engagement Following consider revising certain HOS Administration Publication of the NPRM provisions to provide greater flexibility. A. Summary of the Motor Carrier Safety Advisory Committee Meeting The Agency received requests from 49 CFR Parts 385 and 395 B. Summary of Comments Presented at the members of Congress and multiple [Docket No. FMCSA–2018–0248] NPRM Public Listening Sessions stakeholders seeking relief from certain C. Summary of the Written Comments to provisions. In response, FMCSA RIN 2126–AC19 the NPRM; FMCSA Responses to the published an advance notice of Written Comments proposed rulemaking (ANPRM) on Hours of Service of Drivers VII. Discussion of the Rule August 23, 2018 (83 FR 42631) and held A. Short-Haul Operations AGENCY: Federal Motor Carrier Safety five public listening sessions. The B. Adverse Driving Conditions Agency published a notice of proposed Administration (FMCSA), DOT. C. 30-Minute Break ACTION: Final rule. D. Sleeper Berth rulemaking (NPRM) on August 22, 2019 E. Split-Duty Provision (84 FR 44190) and held two additional SUMMARY: FMCSA revises the hours of F. TruckerNation Petition public listening sessions. This final rule service (HOS) regulations to provide G. Petitions for Rulemaking Submitted revises the HOS regulations to provide greater flexibility for drivers subject to After the NPRM greater flexibility for drivers subject to those rules without adversely affecting H. Compliance Date for the Rulemaking those rules without adversely affecting safety. The Agency expands the short- VIII. International Impacts safety. IX. Section-by-Section Analysis haul exception to 150 air-miles and B. Summary of Major Provisions of the allows a 14-hour work shift to take place A. Section 395.1 Scope of Rules in This Part Final Rule as part of the exception; expands the B. Section 395.3 Maximum Driving Time driving window during adverse driving This final rule will improve efficiency for Property-Carrying Vehicles without compromising safety by conditions by up to an additional 2 X. Regulatory Analyses hours; requires a 30-minute break after A. Executive Order (E.O.) 12866 providing flexibility for drivers in four 8 hours of driving time (instead of on- (Regulatory Planning and Review), E.O. areas without changing the maximum duty time) and allows an on-duty/not 13563 (Improving Regulation and allowable driving time. The rule extends driving period to qualify as the required Regulatory Review), and DOT Regulatory the maximum duty period allowed break; and modifies the sleeper berth Policies and Procedures under the short-haul exception in 49 exception to allow a driver to meet the B. E.O. 13771 (Reducing Regulation and CFR 395.1(e)(1) from 12 hours to 14 Controlling Regulatory Costs) 10-hour minimum off-duty requirement hours. It also extends the maximum C. Congressional Review Act radius in which the short-haul by spending at least 7, rather than at D. Regulatory Flexibility Act least 8 hours of that period in the berth exception applies from 100 to 150 air- E. Assistance for Small Entities miles. FMCSA modifies the definition of and a minimum off-duty period of at F. Unfunded Mandates Reform Act of 1995 least 2 hours spent inside or outside of G. Paperwork Reduction Act adverse driving conditions so that the the berth, provided the two periods total H. E.O. 13132 (Federalism) adverse driving conditions exception at least 10 hours, and that neither I. Privacy may be applied based on the driver’s (in qualifying period counts against the 14- K. E.O. 13783 (Promoting Energy addition to the dispatcher’s) knowledge hour driving window. Independence and Economic Growth) of the conditions after being dispatched, L. E.O. 13175 (Indian Tribal Governments) and extends the driving window during DATES: This final rule is effective M. National Technology Transfer and which the current exception for September 29, 2020. Petitions for Advancement Act (Technical Standards) extended driving time may be used by Reconsideration of this final rule must N. Environment (Clean Air Act, NEPA) up to 2 hours for truck and bus be submitted to the FMCSA operations under §§ 395.3(a)(2) and Administrator no later than July 1, 2020. I. Availability of Rulemaking Documents 395.5(a)(2), respectively. The Agency FOR FURTHER INFORMATION CONTACT: Mr. makes the 30-minute break requirement For access to docket FMCSA–2018– Richard Clemente, Federal Motor for drivers of property-carrying CMVs in 0248 to read background documents and Carrier Safety Administration, 1200 § 395.3(a)(3)(ii) applicable only when a comments received, go to http:// New Jersey Avenue SE, Washington, DC driver has driven (instead of having 20590–0001, (202) 366–4325, MCPSD@ www.regulations.gov at any time, or to been on-duty) for a period of 8 hours dot.gov. If you have questions about Docket Operations at U.S. Department of without at least a 30-minute non-driving viewing material in the docket, contact Transportation, Room W12–140, 1200 interruption. The break may be satisfied Docket Operations, (202) 366–9826. New Jersey Avenue SE, Washington, DC by any non-driving period of 30 SUPPLEMENTARY INFORMATION: 20590, between 9 a.m. and 5 p.m., minutes, i.e., on-duty, off-duty, or This final rule is organized as follows: Monday through Friday, except Federal sleeper berth time. FMCSA also holidays. To be sure someone is there to modifies the sleeper berth requirements I. Availability of Rulemaking Documents help you, please call (202) 366–9317 or II. Executive Summary to (1) allow drivers to take their required A. Purpose and Summary of the Regulatory (202) 366–9826 before visiting the 10 hours off-duty in two periods, Action Docket Operations provided one off-duty period (whether B. Summary of Major Provisions of the II. Executive Summary in or out of the sleeper berth) is at least Final Rule 2 hours long and the other involves at C. Costs and Benefits A. Purpose and Summary of the least 7 consecutive hours spent in the III. Abbreviations and Acronyms Regulatory Action IV. Legal Basis for the Rulemaking sleeper berth, and (2) add that neither V. Background The implementation of the Electronic period counts against the maximum 14- A. OOIDA Petition for Rulemaking Logging Device (ELD) rule (80 FR 78292, hour driving window in § 395.3(a)(2). B. TruckerNation Petition for Rulemaking December 16, 2015) and ELDs’ ability to The Agency excludes from the final C. Additional Petitions for Rulemaking increase compliance with HOS rule its proposal to allow a single off- D. 2018 ANPRM regulations for drivers of commercial duty period of up to 3 hours to be VerDate Sep<11>2014 21:51 May 29, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\01JNR3.SGM 01JNR3 jbell on DSKJLSW7X2PROD with RULES3 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Rules and Regulations 33397 excluded from the 14-hour driving There are a number of other potential driving more than 11 hours during a window, for reasons explained later in cost savings of this final rule that work shift (13 hours under the adverse the document. FMCSA considered but, due to driving conditions exception) and uncertainty about driver behavior, could driving is prohibited after an individual C. Costs and Benefits not quantify on an industry level. These accumulates 14 hours of on-duty time This final rule will result in increased non-quantified cost savings include (16 hours under the adverse driving flexibility for drivers and a quantified increased flexibility resulting from the conditions exception). Because the rule reduction in costs for motor carriers. extension of the duty day and the air- provides greater flexibility for drivers to Federal and State governments will mile radius for those operating under take breaks from the driving tasks and the short-haul exception; the increased incur one-time training costs of greater flexibility to obtain recuperative options for drivers to respond to adverse approximately $8.6 million for training sleep, the rule will not have an adverse driving conditions during the course of inspectors on the new requirements. impact on drivers’ health. their duty period; reduced need to apply The Federal Government also will incur for exceptions from the 30-minute break As discussed later in this document a one-time electronic Record of Duty requirement and for special eligibility and in the RIA for this final rule, Status (eRODS) software update cost of for the short-haul exception; and FMCSA anticipates that individual approximately $20,000. The change to increased flexibility afforded to drivers, drivers may see a change in their work the 30-minute break requirement will such as increased options with regard to hours (both driving and non-driving) or result in a reduction in opportunity on-duty and off-duty time resulting from vehicle miles traveled (VMT), but this cost, or a cost savings, for motor changes to the 30-minute break final rule will not result in an increase carriers. FMCSA estimates the 10-year requirement and the sleeper berth in freight movement or aggregate VMT. motor carrier cost attributable to the provisions. Aggregate VMT is determined by many changes to the 30-minute break None of the provisions in this final factors, including market demand for provision at ¥$2,814.3 million
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