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DOT/FMCSA | RIN: 2126-AA23 | Publication ID: Spring 2003 |
Title: Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations(Rulemaking Resulting From a Section 610 Review) | |
Abstract: This action revises the regulations for commercial motor vehicle driver rest requirements and duty-period limitations for safe highway transportation. A broad rulemaking was required by the ICC Termination Act of 1995 (ICCTA), Pub. L. 104-88. There is substantial public and congressional interest in the regulation of medium- and heavy-duty truck and bus drivers' sleep, off-duty, and working periods of time. This action is one of the 23 "high priority" rule reform nominations in the 2001 cost benefit report. | |
Agency: Department of Transportation(DOT) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: Yes | Unfunded Mandates: Private Sector |
RFA Section 610 Review: Rulemaking Resulting From a Section 610 Review | |
CFR Citation: 49 CFR 1.73 49 CFR 395 | |
Legal Authority: 49 USC 31136 49 USC 31502 PL 74-255 PL 84-939 PL 98-554 PL 103-311 PL 104-59 PL 104-88 PL 106-159 |
Legal Deadline:
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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. |
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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. |
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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. |
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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. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal, Local, State |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: Yes |
Included in the Regulatory Plan: Yes | |
Agency Contact: David Miller Regulatory Development Division Department of Transportation Federal Motor Carrier Safety Administration MC-PRR, 1200 New Jersey Avenue, SE., Washington, DC 20590 Phone:202 366-5370 Email: fmcsaregs@dot.gov |