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Statement of Need: Growth in long-haul, regional, overnight, local, for-hire and private carriage operations has kept pace with the growth of the U.S. economy. The scientific knowledge about sleep, sleep disorders, circadian physiology, fatigue, and performance decrements has also grown. The agency intends to incorporate as much of the scientific knowledge as possible into the regulations.

Summary of the Legal Basis: Section 408 of the ICC Termination Act of 1995 (Pub. L. 104-88, December 29, 1995) requires the Federal Highway Administration (functions transferred to the Federal Motor Carrier Safety Administration under Pub. L. 106-159) to issue a final rule dealing with a variety of fatigue-related issues pertaining to commercial motor vehicle safety (including 8 hours of continuous sleep after 10 hours of driving, loading and unloading operations, automated and tamper-proof recording devices, rest and recovery cycles, fatigue and stress in longer combination vehicles, fitness for duty, and other appropriate regulatory and enforcement countermeasures for reducing fatigue-related incidents and increasing driver alertness). The FY 2001 Department of Transportation Appropriations Act, Pub. L. 106-346, included language prohibiting the Department from adopting a final rule before October 1, 2001.

Alternatives: FMCSA received more than 53,000 comments on the NPRM. The agency is committed to fully exploring all issues and concerns of stakeholders; eight public hearings were held in May, June and July 2000; and three additional roundtables were held in September and October 2000. The roundtables drew broad public participation and elicited in-depth discussion and exchange of supporting data on critical issues, including issues surrounding the economic analyses and assumptions used by the agency. This will help FMCSA identify any necessary changes to the proposal that would address stakeholders' divergent concerns and support the development of a successful rule.

Anticipated Costs and Benefits: FMCSA has placed a Preliminary Regulatory Evaluation of the NPRM in the docket.

Risks: Driver reports of being fatigued to the point of incapacity are not uncommon, and it is reasonable to expect fatigue to be a factor in future crashes if the regulations are not corrected. FMCSA has established a goal to reduce by 50 percent over ten years the number of fatalities from crashes involving any commercial motor vehicle.