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[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Rules and Regulations]               
[Page 65565-65566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no08-19]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385 and 395

[Docket No. FMCSA-2004-19608]
RIN 2126-AB14

 
Hours of Service of Drivers; Availability of Supplemental 
Document

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of availability of supplemental document.

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[[Page 65566]]

SUMMARY: This notice advises the public that FMCSA is placing in the 
public docket an additional document concerning hours of service (HOS) 
for commercial motor vehicle drivers. FMCSA published an interim final 
rule (IFR) on this issue on December 17, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations. Telephone (202) 366-4325 or E-mail 
MCPSD@dot.gov. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On August, 25, 2005, FMCSA published a final 
HOS rule (``2005 rule'') (70 FR 49978). On July 24, 2007, the DC 
Circuit Court vacated the 11-hour driving time and 34-hour restart 
provisions of the 2005 rule (Owner-Operator Independent Drivers 
Association, Inc. v. Federal Motor Carrier Safety Administration, 494 
F.3d 188 (DC Cir. 2007)). In response to the DC Circuit Court decision, 
FMCSA published an interim final rule (IFR) on December 17, 2007 (72 FR 
71247) that reinstated the two provisions vacated by the Court and 
sought further comments on those provisions.
    For a full background on this rulemaking, please see the preamble 
to the December 2007 HOS IFR. The docket for this rulemaking (FMCSA-
2004-19608) contains all of the background information for this 
rulemaking, including comments.
    This notice calls attention to an additional supplemental document 
that FMCSA has placed in the docket at FMCSA-2004-19608:
    Belenky, G., and Wu, L.J., ``Literature Review on Fatigue and 
Health Issues Associated with Commercial Motor Vehicle Driver Hours of 
Service: Update from 2004,'' Washington State University, 2008.
    This report summarizes the scientific and technical literature in 
two topical areas related to HOS: (1) Driver fatigue and (2) driver 
health. This review is limited to research that was published between 
2004 and 2007.

    Issued on: October 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-26198 Filed 11-3-08; 8:45 am]

BILLING CODE 4910-EX-P

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