Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers, 4305-4307 [2010-1573]
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations
2. Section 723.250 is amended by
adding the definitions below in
alphabetical order to paragraph (b) and
by adding a new paragraph (d)(6) to read
as follows:
■
§ 723.250
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Polymers.
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(b)
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*
Fluorotelomers means the products of
telomerization, which is the reaction of
a telogen (such as pentafluoroethyl
iodide) with an ethylenic compound
(such as tetrafluoroethylene) to form
low molecular weight polymeric
compounds, which contain an array of
saturated carbon atoms covalently
bonded to each other (C-C bonds) and to
fluorine atoms (C-F bonds). This array is
predominantly a straight chain, and
depending on the telogen used produces
a compound having an even number of
carbon atoms. However, the carbon
chain length of the fluorotelomer varies
widely. The perfluoroalkyl groups
formed by this process are usually, but
do not have to be, connected to the
polymer through a functionalized
ethylene group as indicated by the
following structural diagram: (RfCH2CH2-Anything).
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Perfluoroalkyl carboxylate (PFAC)
means a group of saturated carbon
atoms covalently bonded to each other
in a linear, branched, or cyclic array and
covalently bonded to a carbonyl moiety
and where all carbon-hydrogen (C-H)
bonds have been replaced with carbonfluorine (C-F) bonds. The carbonyl
moiety is also covalently bonded to a
hetero atom, typically, but not
necessarily oxygen (O) or nitrogen (N).
Perfluoroalkyl sulfonate (PFAS)
means a group of saturated carbon
atoms covalently bonded to each other
in a linear, branched, or cyclic array and
covalently bonded to a sulfonyl moiety
and where all carbon - hydrogen (C-H)
bonds have been replaced with carbon
- fluorine (C-F) bonds. The sulfonyl
moiety is also covalently bonded to a
hetero atom, typically, but not
necessarily oxygen (O) or nitrogen (N).
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(d)
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(6) Polymers which contain certain
perfluoroalkyl moieties consisting of a
CF3- or longer chain length. Except as
provided in paragraph (d)(6)(i), after
February 26, 2010, a polymer cannot be
manufactured under this section if the
polymer contains as an integral part of
its composition, except as impurities,
one or more of the following
perfluoroalkyl moieties consisting of a
CF3- or longer chain length:
Perfluoroalkyl sulfonates (PFAS),
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perfluoroalkyl carboxylates (PFAC),
fluorotelomers, or perfluoroalkyl
moieties that are covalently bound to
either a carbon or sulfur atom where the
carbon or sulfur atom is an integral part
of the polymer molecule.
(i) Any polymer that has been
manufactured previously in full
compliance with the requirements of
this section prior to February 26, 2010
may no longer be manufactured under
this section after January 27, 2012.
(ii) [Reserved]
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[FR Doc. 2010–1477 Filed 1–26–2010; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Regulatory Guidance Concerning the
Applicability of the Federal Motor
Carrier Safety Regulations to Texting
by Commercial Motor Vehicle Drivers
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
SUMMARY: The FMCSA announces
regulatory guidance concerning texting
while driving a commercial motor
vehicle (CMV). The guidance is
applicable to all interstate drivers of
CMVs subject to the Federal Motor
Carrier Safety Regulations (FMCSRs).
DATES: Effective Date: This regulatory
guidance is effective on January 27,
2010.
FOR FURTHER INFORMATION CONTACT:
Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of
Bus and Truck Standards and
Operations, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590.
E-mail: MCPSD@dot.gov. Phone (202)
366–4325.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Safety Act of 1984
(Pub. L. 98–554, Title II, 98 Stat. 2832,
October 30, 1984) (the 1984 Act)
provides authority to regulate drivers,
motor carriers, and vehicle equipment.
It requires the Secretary of
Transportation to prescribe regulations
which ensure that: (1) CMVs are
maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of CMVs do not
impair their ability to operate the
Frm 00051
Fmt 4700
vehicles safely; (3) the physical
condition of operators of CMVs is
adequate to enable them to operate the
vehicles safely; and (4) the operation of
CMVs does not have a deleterious effect
on the physical condition of the
operators. (49 U.S.C. 31136(a)). Section
211 of the 1984 Act also grants the
Secretary broad power in carrying out
motor carrier safety statutes and
regulations to ‘‘prescribe recordkeeping
and reporting requirements’’ and to
‘‘perform other acts the Secretary
considers appropriate.’’ (49 U.S.C.
31133(a)(8) and (10), respectively).
The Administrator of FMCSA has
been delegated authority under 49 CFR
1.73(g) to carry out the functions vested
in the Secretary of Transportation by 49
U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle
programs and safety regulation.
Background
49 CFR Chapter III
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This document provides regulatory
guidance concerning the applicability of
49 CFR 390.17, ‘‘Additional equipment
and accessories,’’ to CMV operators
engaged in ‘‘texting’’ on an electronic
device while driving a CMV in interstate
commerce.
Currently, 49 CFR 390.17 states,
‘‘Nothing in this subchapter shall be
construed to prohibit the use of
additional equipment and accessories,
not inconsistent with or prohibited by
this subchapter, provided such
equipment and accessories do not
decrease the safety of operation of the
commercial motor vehicles on which
they are used.’’ [Emphasis added]. As
used in § 390.17, ‘‘this subchapter’’
means Subchapter B [49 CFR parts 350–
399] of Chapter III of Subtitle B of Title
49, Code of Federal Regulations (CFRs).
CMVs are defined in 49 CFR 390.5 as
‘‘any self-propelled or towed motor
vehicle used on a highway in interstate
commerce to transport passengers or
property when the vehicle—
(1) Has a gross vehicle weight rating
or gross combination weight rating, or
gross vehicle weight or gross
combination weight, of 4,536 kg (10,001
pounds) or more, whichever is greater;
or
(2) Is designed or used to transport
more than 8 passengers (including the
driver) for compensation; or
(3) Is designed or used to transport
more than 15 passengers, including the
driver, and is not used to transport
passengers for compensation; or
(4) Is used in transporting material
found by the Secretary of Transportation
to be hazardous under 49 U.S.C. 5103
and transported in a quantity requiring
placarding under regulations prescribed
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hsrobinson on DSK69SOYB1PROD with RULES
by the Secretary under 49 CFR, subtitle
B, chapter I, subchapter C.’’
Section 390.17 is therefore applicable
to drivers of CMVs, as defined by
§ 390.5, when the CMV is being used by
a motor carrier operation subject to the
FMCSRs. The general applicability of
Parts 390 through 399 [49 CFR Parts 390
through 399] of the FMCSRs is
prescribed by § 390.3.
Basis for This Notice
FMCSA recently completed its ‘‘Driver
Distraction in Commercial Vehicle
Operations’’ study and released the final
report on October 1, 2009.1 The purpose
of the study was to investigate the
prevalence of driver distraction in CMV
safety-critical events (e.g., crashes, nearcrashes, lane departures) recorded in a
naturalistic data set that included over
200 truck drivers and 3 million miles of
data. The dataset was obtained by
placing monitoring instruments on
vehicles and recording the behavior of
drivers conducting real-world revenue
operations.
Odds ratios (OR) were calculated to
identify tasks that were high risk. For a
given task, an odds ratio of ‘‘1.0’’
indicated the task or activity was
equally likely to result in a safetycritical event as a non-event or baseline
driving scenario. An odds ratio greater
than ‘‘1.0’’ indicated a safety-critical
event was more likely to occur, and
odds ratios of less than ‘‘1.0’’ indicated
a safety-critical event was less likely to
occur. The most risky behavior
identified by the research was ‘‘text
message on cell phone,’’ 2 with an odds
ratio of 23.2. This means that the odds
of being involved in a safety-critical
event is 23.2 times greater for drivers
who are texting while driving than for
those who do not. Texting drivers took
their eyes off the forward roadway for
an average of 4.6 seconds during the 6second interval immediately preceding
a safety-critical event. At 55 mph (or
80.7 feet per second), this equates to a
driver traveling 371 feet, the
approximate length of a football field,
including the end zones, without
looking at the roadway. At 65 mph (or
95.3 feet per second), the driver would
have traveled approximately 439 feet
without looking at the roadway. This
clearly creates a significant risk to the
safe operation of the CMV.
Because of the safety risks associated
with texting, FMCSA will address the
1 This report is available at FMCSA’s Research
Web page at: https://www.fmcsa.dot.gov/factsresearch/art-research.aspx?
2 Although the final report does not elaborate on
text messaging, the drivers were engaged in the
review of, or preparation and transmission of, typed
messages via wireless phones.
VerDate Nov<24>2008
16:37 Jan 26, 2010
Jkt 220001
problem of texting in an expedited,
stand-alone rulemaking to be completed
in 2010. In addition to studies
documenting the safety risks associated
with texting while driving, the feedback
the Department received during its
Distracted Driving Summit, held
September 30–October 1, 2009, in
Washington, DC, from four United
States Senators, several State legislators,
safety advocacy groups, senior law
enforcement officials, the
telecommunications industry, and the
transportation industry suggest there is
widespread support for a ban against
texting while driving. However, until
the Agency has the opportunity to
complete a notice-and-comment
rulemaking proceeding to adopt an
explicit prohibition against texting, the
regulatory guidance below informs
motor carriers and drivers about the
applicability of the existing regulations
to the use of electronic devices for
texting.
Other Electronic Devices
FMCSA acknowledges the concerns of
motor carriers that have invested
significant resources in electronic
dispatching tools and fleet management
systems; this regulatory guidance
should not be construed to prohibit the
use of such technology. The regulatory
guidance below should also not be
construed to prohibit the use of cell
phones for purposes other than text
messaging.
The Agency will address the use of
other electronic devices while driving in
a notice-and-comment rulemaking
proceeding rather than through
regulatory guidance.
It is worth noting, however, that while
fleet management systems and
electronic dispatching tools are used by
many of the Nation’s largest trucking
fleets, the Department believes safetyconscious fleet managers would neither
allow nor require their drivers to type or
read messages while driving. To the
extent that there are fleets that require
drivers to type and read messages while
they are driving, the Agency will
consider appropriate regulatory action
to address the safety problem.
Compliance With State and Local Laws,
Ordinances and Regulations
In addition to announcing regulatory
guidance on CMV drivers’ use of
electronic devices to engage in texting
while driving, FMCSA reminds motor
carriers and drivers subject to the
FMCSRs that the Federal regulations
require compliance with the laws,
ordinances, and regulations of the
jurisdiction in which the CMV is being
operated. Section 392.2, ‘‘Applicable
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operating rules,’’ requires that ‘‘Every
commercial motor vehicle must be
operated in accordance with the laws,
ordinances, and regulations of the
jurisdiction in which it is being
operated. However, if a regulation of the
Federal Motor Carrier Safety
Administration imposes a higher
standard of care than that law,
ordinance or regulation, the Federal
Motor Carrier Safety Administration
regulation must be complied with.’’
Thus, in the States and localities having
laws, ordinances, and regulations
related to ‘‘texting’’ while driving, nontexting cell phone use, or any other
similar traffic offenses, a violation of the
State or local provision is also a
violation of § 392.2 for those CMV
drivers to whom it applies.
Summary
Based on the clear consensus that
emerged from the Distracted Driving
Summit, FMCSA’s top priority is to
initiate a rulemaking to address the
safety risks associated with texting by
prohibiting all truck and bus drivers
from texting while they are operating on
public roads. The regulatory guidance
issued today clarifies the applicability
of the Agency’s current safety
regulations and serves as an interim
measure to deter texting while driving.
Regulatory Guidance
Part 390—Federal Motor Carrier Safety
Regulations; General
Sections Interpreted
Section 390.17 Additional
equipment and accessories:
Question 1: Do the Federal Motor
Carrier Safety Regulations prohibit
‘‘texting’’ while driving a commercial
motor vehicle in interstate commerce?
Guidance: Yes. Although the current
safety regulations do not include an
explicit prohibition against texting
while driving by truck and bus drivers,
the general restriction against the use of
additional equipment and accessories
that decrease the safety of operation of
commercial motor vehicles applies to
the use of electronic devices for texting.
Handheld or other wireless electronic
devices that are brought into a CMV are
considered ‘‘additional equipment and
accessories’’ within the context of
§ 390.17. ‘‘Texting’’ is the review of, or
preparation and transmission of, typed
messages through any such device or
the engagement in any form of
electronic data retrieval or electronic
data communication through any such
device. Texting on electronic devices
while driving decreases the safety of
operation of the commercial vehicles on
which the devices are used because the
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations
activity involves a combination of
visual, cognitive and manual distraction
from the driving task. Research has
shown that during 6-second intervals
immediately preceding safety-critical
events (e.g., crashes, near crashes, lane
departure), texting drivers took their
eyes off the forward roadway an average
of 4.6 seconds. Therefore, the use of
electronic devices for texting by CMV
operators while driving on public roads
in interstate commerce decreases safety
and is prohibited by 49 CFR 390.17.
Issued on: January 22, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010–1573 Filed 1–22–10; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XU01
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Closure
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS closes the commercial
run-around gillnet fishery for king
mackerel in the exclusive economic
zone (EEZ) in the southern Florida west
coast subzone. This closure is necessary
to protect the Gulf king mackerel
resource.
DATES: The closure is effective 6 a.m.,
local time, January 23, 2010, through 6
a.m., local time, January 18, 2011.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Susan.Gerhart@noaa.gov.
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
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SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:37 Jan 26, 2010
Jkt 220001
cobia, little tunny, and, in the Gulf of
Mexico only, dolphin and bluefish) is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Based on the Councils’ recommended
total allowable catch and the allocation
ratios in the FMP, on April 30, 2001 (66
FR 17368, March 30, 2001), NMFS
implemented a commercial quota of
2.25 million lb (1.02 million kg) for the
eastern zone (Florida) of the Gulf
migratory group of king mackerel. That
quota is further divided into separate
quotas for the Florida east coast subzone
and the northern and southern Florida
west coast subzones. On April 27, 2000,
NMFS implemented the final rule (65
FR 16336, March 28, 2000) that divided
the Florida west coast subzone of the
eastern zone into northern and southern
subzones, and established their separate
quotas. The quota implemented for the
southern Florida west coast subzone is
1,040,625 lb (472,020 kg). That quota is
further divided into two equal quotas of
520,312 lb (236,010 kg) for vessels in
each of two groups fishing with runaround gillnets and hook-and-line gear
(50 CFR 622.42(c)(1)(i)(A)(2)(i)).
The southern subzone is that part of
the Florida west coast subzone, which
from November 1 through March 31,
extends south and west from 26°19.8’ N.
lat. (a line directly west from the Lee/
Collier County, FL, boundary) to
25°20.4’ N. lat. (a line directly east from
the Monroe/Miami-Dade County, FL,
boundary), i.e., the area off Collier and
Monroe Counties. From April 1 through
October 31, the southern subzone is that
part of the Florida west coast subzone
which is between 26°19.8’ N. lat. (a line
directly west from the Lee/Collier
County, FL, boundary) and 25°48’ N. lat.
(a line directly west from the Collier/
Monroe County, FL, boundary), i.e., the
area off Collier County (50 CFR
622.42(c)(1)(i)(A)(3)).
Under 50 CFR 622.43(a)(3), NMFS is
required to close any segment of the
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Sfmt 9990
4307
king mackerel commercial fishery when
its quota has been reached, or is
projected to be reached, by filing a
notification at the Office of the Federal
Register. NMFS has determined that the
commercial quota of 520,312 lb (236,010
kg) for Gulf group king mackerel for
vessels using run-around gillnet gear in
the southern Florida west coast subzone
will be reached on January 23, 2010.
Accordingly, the commercial fishery for
king mackerel for such vessels in the
southern Florida west coast subzone is
closed at 6 a.m., local time, January 23,
2010, through 6 a.m., local time, January
18, 2011, the beginning of the next
fishing season, i.e., the day after the
2011 Martin Luther King Jr. Federal
holiday.
Classification
This action responds to the best
available information recently obtained
from the fisheries. The Assistant
Administrator for Fisheries, NOAA,
finds that the need to immediately
implement this action to close the
fishery constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
the public interest. Such procedures
would be unnecessary because the rule
itself already has been subject to notice
and comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the fishery since
the capacity of the fishing fleet allows
for rapid harvest of the quota. Prior
notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established quota.
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 21, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–1574 Filed 1–22–10; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Rules and Regulations]
[Pages 4305-4307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1573]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Chapter III
Regulatory Guidance Concerning the Applicability of the Federal
Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle
Drivers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
-----------------------------------------------------------------------
SUMMARY: The FMCSA announces regulatory guidance concerning texting
while driving a commercial motor vehicle (CMV). The guidance is
applicable to all interstate drivers of CMVs subject to the Federal
Motor Carrier Safety Regulations (FMCSRs).
DATES: Effective Date: This regulatory guidance is effective on January
27, 2010.
FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590.
E-mail: MCPSD@dot.gov. Phone (202) 366-4325.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984) (the 1984 Act) provides authority to
regulate drivers, motor carriers, and vehicle equipment. It requires
the Secretary of Transportation to prescribe regulations which ensure
that: (1) CMVs are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of CMVs do not impair
their ability to operate the vehicles safely; (3) the physical
condition of operators of CMVs is adequate to enable them to operate
the vehicles safely; and (4) the operation of CMVs does not have a
deleterious effect on the physical condition of the operators. (49
U.S.C. 31136(a)). Section 211 of the 1984 Act also grants the Secretary
broad power in carrying out motor carrier safety statutes and
regulations to ``prescribe recordkeeping and reporting requirements''
and to ``perform other acts the Secretary considers appropriate.'' (49
U.S.C. 31133(a)(8) and (10), respectively).
The Administrator of FMCSA has been delegated authority under 49
CFR 1.73(g) to carry out the functions vested in the Secretary of
Transportation by 49 U.S.C. chapter 311, subchapters I and III,
relating to commercial motor vehicle programs and safety regulation.
Background
This document provides regulatory guidance concerning the
applicability of 49 CFR 390.17, ``Additional equipment and
accessories,'' to CMV operators engaged in ``texting'' on an electronic
device while driving a CMV in interstate commerce.
Currently, 49 CFR 390.17 states, ``Nothing in this subchapter shall
be construed to prohibit the use of additional equipment and
accessories, not inconsistent with or prohibited by this subchapter,
provided such equipment and accessories do not decrease the safety of
operation of the commercial motor vehicles on which they are used.''
[Emphasis added]. As used in Sec. 390.17, ``this subchapter'' means
Subchapter B [49 CFR parts 350-399] of Chapter III of Subtitle B of
Title 49, Code of Federal Regulations (CFRs).
CMVs are defined in 49 CFR 390.5 as ``any self-propelled or towed
motor vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle--
(1) Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 4,536
kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers
(including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation; or
(4) Is used in transporting material found by the Secretary of
Transportation to be hazardous under 49 U.S.C. 5103 and transported in
a quantity requiring placarding under regulations prescribed
[[Page 4306]]
by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.''
Section 390.17 is therefore applicable to drivers of CMVs, as
defined by Sec. 390.5, when the CMV is being used by a motor carrier
operation subject to the FMCSRs. The general applicability of Parts 390
through 399 [49 CFR Parts 390 through 399] of the FMCSRs is prescribed
by Sec. 390.3.
Basis for This Notice
FMCSA recently completed its ``Driver Distraction in Commercial
Vehicle Operations'' study and released the final report on October 1,
2009.\1\ The purpose of the study was to investigate the prevalence of
driver distraction in CMV safety-critical events (e.g., crashes, near-
crashes, lane departures) recorded in a naturalistic data set that
included over 200 truck drivers and 3 million miles of data. The
dataset was obtained by placing monitoring instruments on vehicles and
recording the behavior of drivers conducting real-world revenue
operations.
---------------------------------------------------------------------------
\1\ This report is available at FMCSA's Research Web page at:
https://www.fmcsa.dot.gov/facts-research/art-research.aspx?
---------------------------------------------------------------------------
Odds ratios (OR) were calculated to identify tasks that were high
risk. For a given task, an odds ratio of ``1.0'' indicated the task or
activity was equally likely to result in a safety-critical event as a
non-event or baseline driving scenario. An odds ratio greater than
``1.0'' indicated a safety-critical event was more likely to occur, and
odds ratios of less than ``1.0'' indicated a safety-critical event was
less likely to occur. The most risky behavior identified by the
research was ``text message on cell phone,'' \2\ with an odds ratio of
23.2. This means that the odds of being involved in a safety-critical
event is 23.2 times greater for drivers who are texting while driving
than for those who do not. Texting drivers took their eyes off the
forward roadway for an average of 4.6 seconds during the 6-second
interval immediately preceding a safety-critical event. At 55 mph (or
80.7 feet per second), this equates to a driver traveling 371 feet, the
approximate length of a football field, including the end zones,
without looking at the roadway. At 65 mph (or 95.3 feet per second),
the driver would have traveled approximately 439 feet without looking
at the roadway. This clearly creates a significant risk to the safe
operation of the CMV.
---------------------------------------------------------------------------
\2\ Although the final report does not elaborate on text
messaging, the drivers were engaged in the review of, or preparation
and transmission of, typed messages via wireless phones.
---------------------------------------------------------------------------
Because of the safety risks associated with texting, FMCSA will
address the problem of texting in an expedited, stand-alone rulemaking
to be completed in 2010. In addition to studies documenting the safety
risks associated with texting while driving, the feedback the
Department received during its Distracted Driving Summit, held
September 30-October 1, 2009, in Washington, DC, from four United
States Senators, several State legislators, safety advocacy groups,
senior law enforcement officials, the telecommunications industry, and
the transportation industry suggest there is widespread support for a
ban against texting while driving. However, until the Agency has the
opportunity to complete a notice-and-comment rulemaking proceeding to
adopt an explicit prohibition against texting, the regulatory guidance
below informs motor carriers and drivers about the applicability of the
existing regulations to the use of electronic devices for texting.
Other Electronic Devices
FMCSA acknowledges the concerns of motor carriers that have
invested significant resources in electronic dispatching tools and
fleet management systems; this regulatory guidance should not be
construed to prohibit the use of such technology. The regulatory
guidance below should also not be construed to prohibit the use of cell
phones for purposes other than text messaging.
The Agency will address the use of other electronic devices while
driving in a notice-and-comment rulemaking proceeding rather than
through regulatory guidance.
It is worth noting, however, that while fleet management systems
and electronic dispatching tools are used by many of the Nation's
largest trucking fleets, the Department believes safety-conscious fleet
managers would neither allow nor require their drivers to type or read
messages while driving. To the extent that there are fleets that
require drivers to type and read messages while they are driving, the
Agency will consider appropriate regulatory action to address the
safety problem.
Compliance With State and Local Laws, Ordinances and Regulations
In addition to announcing regulatory guidance on CMV drivers' use
of electronic devices to engage in texting while driving, FMCSA reminds
motor carriers and drivers subject to the FMCSRs that the Federal
regulations require compliance with the laws, ordinances, and
regulations of the jurisdiction in which the CMV is being operated.
Section 392.2, ``Applicable operating rules,'' requires that ``Every
commercial motor vehicle must be operated in accordance with the laws,
ordinances, and regulations of the jurisdiction in which it is being
operated. However, if a regulation of the Federal Motor Carrier Safety
Administration imposes a higher standard of care than that law,
ordinance or regulation, the Federal Motor Carrier Safety
Administration regulation must be complied with.'' Thus, in the States
and localities having laws, ordinances, and regulations related to
``texting'' while driving, non-texting cell phone use, or any other
similar traffic offenses, a violation of the State or local provision
is also a violation of Sec. 392.2 for those CMV drivers to whom it
applies.
Summary
Based on the clear consensus that emerged from the Distracted
Driving Summit, FMCSA's top priority is to initiate a rulemaking to
address the safety risks associated with texting by prohibiting all
truck and bus drivers from texting while they are operating on public
roads. The regulatory guidance issued today clarifies the applicability
of the Agency's current safety regulations and serves as an interim
measure to deter texting while driving.
Regulatory Guidance
Part 390--Federal Motor Carrier Safety Regulations; General
Sections Interpreted
Section 390.17 Additional equipment and accessories:
Question 1: Do the Federal Motor Carrier Safety Regulations
prohibit ``texting'' while driving a commercial motor vehicle in
interstate commerce?
Guidance: Yes. Although the current safety regulations do not
include an explicit prohibition against texting while driving by truck
and bus drivers, the general restriction against the use of additional
equipment and accessories that decrease the safety of operation of
commercial motor vehicles applies to the use of electronic devices for
texting. Handheld or other wireless electronic devices that are brought
into a CMV are considered ``additional equipment and accessories''
within the context of Sec. 390.17. ``Texting'' is the review of, or
preparation and transmission of, typed messages through any such device
or the engagement in any form of electronic data retrieval or
electronic data communication through any such device. Texting on
electronic devices while driving decreases the safety of operation of
the commercial vehicles on which the devices are used because the
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activity involves a combination of visual, cognitive and manual
distraction from the driving task. Research has shown that during 6-
second intervals immediately preceding safety-critical events (e.g.,
crashes, near crashes, lane departure), texting drivers took their eyes
off the forward roadway an average of 4.6 seconds. Therefore, the use
of electronic devices for texting by CMV operators while driving on
public roads in interstate commerce decreases safety and is prohibited
by 49 CFR 390.17.
Issued on: January 22, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-1573 Filed 1-22-10; 4:15 pm]
BILLING CODE 4910-EX-P
