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Statement of Need: The goals of this hours of service (HOS) proposed rule are to improve safety while ensuring that the requirements would not have an adverse impact on driver health. The proposed rule would also provide drivers with the flexibility to obtain rest when they need it and to adjust their schedules to account for unanticipated delays. FMCSA has also attempted to make the proposed rule easy to understand (though not at the expense of safety) and readily enforceable. The impact of HOS rules on commercial motor vehicle (CMV) safety is difficult to separate from the many other factors that affect heavy-vehicle crashes. The 2008 FMCSA final rule on HOS noted that "FMCSA has consistently been cautious about inferring causal relationships between the HOS requirements and trends in overall motor carrier safety. The Agency believes that the data show no decline in highway safety since the implementation of the 2003 rule and its re-adoption in the 2005 rule and the 2007 [interim final rule]" (73 FR 69567, 69572, November 19, 2008). While that statement remains correct, the total number of crashes, though declining, is still unacceptably high. FMCSA believes that the modified HOS rules proposed, coupled with the Agency's many other safety initiatives and assisted by the actions of an increasingly safety-conscious motor carrier industry, would result in continued reductions in fatigue-related CMV crashes and fatalities. Furthermore, this proposed rule is intended to protect drivers from the serious health problems associated with excessively long work hours, without significantly compromising their ability to do their jobs and earn a living.

Summary of the Legal Basis: The HOS regulations proposed today concern the "maximum hours of service of employees of . . . a motor carrier" (49 U.S.C. 31502(b)(1)) and the "maximum hours of service of employees of . . . a motor private carrier" (49 U.S.C. 31502(b)(2)). The adoption and enforcement of such rules were specifically authorized by the Motor Carrier Act of 1935. The 1984 Act provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary of Transportation to "prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles." Although this authority is very broad, the 1984 Act also includes specific requirements: "At a minimum, the regulations shall ensure that (1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators" (49 U.S.C. 31136(a)).

Alternatives: FMCSA considered and assessed the consequences of four potential regulatory options. Option 1 is the no-action alternative, which would leave the existing rule in place. Options 2, 3, and 4 each would adopt several revisions to the rule.

Anticipated Costs and Benefits: The Agency's analysis shows an annualized cost for the various alternatives of about $1 billion, with against annual safety and health benefits estimated to range from below $300 million to more than $2 billion under different assumptions.

Risks: The level of fatigue involvement in truck crashes is uncertain.