Hours of Service of Drivers; Availability of Supplemental Documents, 35975-35976 [E8-14491]

Download as PDF Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations follow the applicable procedures in § 40.187(e)—recollection under direct observation is required in this case. * * * * * § 40.207 [Amended] 32. Section 40.207 is amended by removing, in paragraph (a)(3), the reference to ‘‘40.187(b)’’ and adding in its place ‘‘40.187(b)(2), (c)(1), and (e)’’. I 33. Appendix B to Part 40 is revised to read as follows: I Appendix B to Part 40—DOT Drug Testing Semi-Annual Laboratory Report to Employers 2. Negative Results Reported (number) 3. Rejected for Testing Reported (number) By Reason (number) 4. Positive Results Reported (number) By Drug (number) 5. Adulterated Results Reported (number) By Reason (number) 6. Substituted Results Reported (number) 7. Invalid Results Reported (number) By Reason (number) 35. Appendix D to Part 40 is revised to read as follows: I Appendix D to Part 40—Report Format: Split Specimen Failure To Reconfirm Mail, fax, or submit electronically to: U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, W62– 300, 1200 New Jersey Avenue, SE., Washington, DC 20590, Fax: (202) 366–3897, Submit Electronically: http://www.dot.gov/ ost/dapc/mro_split.html. The following items are required on each report: 1. MRO name, address, phone number, and fax number. 2. Collection site name, address, and phone number. 3. Date of collection. 4. Specimen I.D. number. 5. Laboratory accession number. 6. Primary specimen laboratory name, address, and phone number. 7. Date result reported or certified by primary laboratory. 8. Split specimen laboratory name, address, and phone number. 9. Date split specimen result reported or certified by split specimen laboratory. 10. Primary specimen results (e.g., name of drug, adulterant) in the primary specimen. 11. Reason for split specimen failure-toreconfirm result (e.g., drug or adulterant not present, specimen invalid, split not collected, insufficient volume). 12. Actions taken by the MRO (e.g., notified employer of failure to reconfirm and requirement for recollection). 13. Additional information explaining the reason for cancellation. 14. Name of individual submitting the report (if not the MRO). I 34. Appendix C to Part 40 is added to read as follows: Appendix F to Part 40 [Amended] Appendix C to Part 40—DOT Drug Testing Semi-Annual Laboratory Report to DOT jlentini on PROD1PC65 with RULES The following items are required on each report: Reporting Period: (inclusive dates) Laboratory Identification: (name and address) Employer Identification: (name; may include Billing Code or ID code) C/TPA Identification: (where applicable; name and address) 1. Specimen Results Reported (total number) By Type of Test (a) Pre-employment (number) (b) Post-Accident (number) (c) Random (number) (d) Reasonable Suspicion/Cause (number) (e) Return-to-Duty (number) (f) Follow-up (number) (g) Type of Test Not Noted on CCF (number) 2. Specimens Reported (a) Negative (number) (b) Negative and Dilute (number) 3. Specimens Reported as Rejected for Testing (total number) By Reason (a) Fatal flaw (number) (b) Uncorrected Flaw (number) 4. Specimens Reported as Positive (total number) By Drug (a) Marijuana Metabolite (number) (b) Cocaine Metabolite (number) (c) Opiates (number) (1) Codeine (number) (2) Morphine (number) (3) 6-AM (number) (d) Phencyclidine (number) (e) Amphetamines (number) (1) Amphetamine (number) (2) Methamphetamine (number) 5. Adulterated (number) 6. Substituted (number) 7. Invalid Result (number) I Mail, fax, or e-mail to: U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance, W62–300, 1200 New Jersey Avenue, SE., Washington, DC 20590, Fax: (202) 366–3897, E-mail: ODAPCWebMail@dot.gov. The following items are required on each report: Reporting Period: (inclusive dates) Laboratory Identification: (name and address) 1. DOT Specimen Results Reported (number) VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 36. Appendix F to Part 40 is amended by removing the references to § 40.187(a)–(f) and adding in its place § 40.187(a) through (e). [FR Doc. E8–14218 Filed 6–24–08; 8:45 am] BILLING CODE 4910–9X–P PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 35975 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 Documents Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of availability of supplemental documents. AGENCY: SUMMARY: This notice advises the public that FMCSA is placing in the public docket four additional documents concerning hours of service (HOS) for commercial motor vehicle (CMV) drivers. FMCSA published an interim final rule (IFR) on this issue on December 17, 2007. The Agency now dockets the supplemental documents. ADDRESSES: You may submit comments, identified by docket number FMCSA– 2004–19608, by one of the following methods: Internet, facsimile, regular mail, or hand delivery. Please do not submit the same comments by more than one method. FMCSA encourages use of the Federal eRulemaking portal. It provides the most efficient and timely method of receiving and processing your comments. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation; 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. • Hand Delivery: Ground floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number (FMCSA–2004–19608) or Regulatory Identification Number (RIN 2126–AB14) for this action. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Refer to the Privacy Act heading at http:// www.regulations.gov for further information. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the E:\FR\FM\25JNR1.SGM 25JNR1 35976 Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations jlentini on PROD1PC65 with RULES comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476) or you may visit http:// DocketsInfo.dot.gov. Submitting Comments: • You can find electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Web site. • For notification that FMCSA received your comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments on line. • All comments received will be available for examination in the docket at the above address or on the Web site. • Comments received will be considered to the extent practicable. FMCSA will continue to put relevant information in the docket as it becomes available and interested persons should continue to examine the docket for new material. 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. VerDate Aug<31>2005 18:16 Jun 24, 2008 Jkt 214001 This notice advises of the availability of four additional documents. FMCSA remains committed to issuing a final rule in 2008 and any comments on the four documents should be submitted as soon as possible. FMCSA is placing the following four documents in the docket: • ‘‘Integrated Report: Peer Review of R. J. Hanowski et al., ‘‘Analysis of Risk as a Function of Driving Hours: Assessment of Driving Hours 1 through 11.’’’’ The separate reviews were conducted by D.A. Perrin (January 23, 2008), G. Belenky and L.J. Wu (February 6, 2008), and S.R. Hursh and J. Fanzone (February 7, 2008). This peer review was conducted at the request of FMCSA. • ‘‘Review of Hours of Service Regulatory Impact Analysis (RIA) Report,’’ conducted by Linda Ng Boyle, Ron Knipling, and Greg Belenky, and dated December 27, 2007. This peer review was conducted at the request of FMCSA. • ‘‘Hours of Service Regulatory Impact Analysis: Peer Review Results and FMCSA Responses,’’ dated May 2008. This document was prepared in response to the requested peer review of the RIA that accompanied the 2007 HOS IFR. • ‘‘Analysis of Fatigue-Related Large Truck Crashes, the Assignment of Critical Reason, and Other Variables Using the Large Truck Crash Causation Study.’’ This analysis, dated May 30, 2008, was prepared by FMCSA. Issued on: June 20, 2008. John H. Hill, Administrator. [FR Doc. E8–14491 Filed 6–24–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board 49 CFR Part 1002 [STB Ex Parte No. 542 (Sub-No. 15)] ACTION: Stay of effective date. SUMMARY: This document contains corrections to the preamble of the Board’s Final Rules, which was published in the Federal Register of Wednesday, June 18, 2008 (73 FR 34649). The Final Rules adopted the 2008 User Fee Update and revised the fee schedule to reflect increased costs associated with the January 2008 Government salary increases, and the Board’s overhead costs, and to reflect changes in Government fringe benefits. After the rules were published, an inadvertent error involving the effective dates of the rules was noticed. The effective dates of these final rules are July 18, 2008, rather than June 18, 2008. The amendments to 49 CFR 1002.1 (a) through (e), (f)(1), and (g)(6), and 49 CFR 1002.2(f), published June 18, 2008 (73 FR 34649) are stayed until July 18, 2008. DATES: FOR FURTHER INFORMATION CONTACT: David T. Groves, (202) 245–0327, or Anne Quinlan, (202) 245–0309. [TDD for the hearing impaired: 1–800–877– 8339.] On June 18, 2008, the Board issued Final Rules in the above-docketed proceeding, Regulations Governing Fees for Services Performed in Connection With Licensing Related Services—2008 Update, 73 FR 34649 (June 18, 2008). After the rules were published, an inadvertent error involving the effective dates of the rules was noticed. The effective dates of the final rules are July 18, 2008, rather than June 18, 2008. SUPPLEMENTARY INFORMATION: Decided: June 20, 2008. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Anne Quinlan, Acting Secretary. [FR Doc. E8–14346 Filed 6–24–08; 8:45 am] BILLING CODE 4915–01–P Regulations Governing Fees for Services Performed in Connection With Licensing Related Services—2008 Update AGENCY: Surface Transportation Board, DOT. PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35975-35976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14491]


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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 
Documents

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

ACTION: Notice of availability of supplemental documents.

-----------------------------------------------------------------------

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

ADDRESSES: You may submit comments, identified by docket number FMCSA-
2004-19608, by one of the following methods: Internet, facsimile, 
regular mail, or hand delivery. Please do not submit the same comments 
by more than one method. FMCSA encourages use of the Federal 
eRulemaking portal. It provides the most efficient and timely method of 
receiving and processing your comments.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation; 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery: Ground floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number (FMCSA-2004-19608) or Regulatory Identification Number 
(RIN 2126-AB14) for this action. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Refer to the Privacy Act heading at 
http://www.regulations.gov for further information.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the

[[Page 35976]]

comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19476) or you may 
visit http://DocketsInfo.dot.gov.
    Submitting Comments:
     You can find electronic submission and retrieval help and 
guidelines under the ``help'' section of the Web site.
     For notification that FMCSA received your comments, please 
include a self-addressed, stamped envelope or postcard, or print the 
acknowledgement page that appears after submitting comments on line.
     All comments received will be available for examination in 
the docket at the above address or on the Web site.
     Comments received will be considered to the extent 
practicable.
    FMCSA will continue to put relevant information in the docket as it 
becomes available and interested persons should continue to examine the 
docket for new material.

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 advises of the availability of four additional 
documents. FMCSA remains committed to issuing a final rule in 2008 and 
any comments on the four documents should be submitted as soon as 
possible.
    FMCSA is placing the following four documents in the docket:
     ``Integrated Report: Peer Review of R. J. Hanowski et al., 
``Analysis of Risk as a Function of Driving Hours: Assessment of 
Driving Hours 1 through 11.'''' The separate reviews were conducted by 
D.A. Perrin (January 23, 2008), G. Belenky and L.J. Wu (February 6, 
2008), and S.R. Hursh and J. Fanzone (February 7, 2008). This peer 
review was conducted at the request of FMCSA.
     ``Review of Hours of Service Regulatory Impact Analysis 
(RIA) Report,'' conducted by Linda Ng Boyle, Ron Knipling, and Greg 
Belenky, and dated December 27, 2007. This peer review was conducted at 
the request of FMCSA.
     ``Hours of Service Regulatory Impact Analysis: Peer Review 
Results and FMCSA Responses,'' dated May 2008. This document was 
prepared in response to the requested peer review of the RIA that 
accompanied the 2007 HOS IFR.
     ``Analysis of Fatigue-Related Large Truck Crashes, the 
Assignment of Critical Reason, and Other Variables Using the Large 
Truck Crash Causation Study.'' This analysis, dated May 30, 2008, was 
prepared by FMCSA.

    Issued on: June 20, 2008.
John H. Hill,
Administrator.
 [FR Doc. E8-14491 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-EX-P