Hours of Service of Drivers; Availability of Supplemental Documents and Corrections to Notice of Proposed Rulemaking, 8990-8992 [2011-3267]
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<![CDATA[
8990
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules
III. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule merely updates references to
authoritative accounting standards
owing to the FASB’s GAAP Accounting
Standard Codification.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed. DoD, GSA, and NASA invite
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAR Case 2010–005), in
correspondence.
IV. Paperwork Reduction Act
The proposed rule does not contain
any information collection requirements
that require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 31 and
52
Government procurement.
Dated: February 8, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide
Acquisition Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 31 and
52 as set forth below:
1. The authority citation for 48 CFR
parts 31 and 52 continues to read as
follows:
leases be treated as purchased assets,
i.e., be capitalized, and the capitalized
value of such assets be distributed over
their useful lives as depreciation
charges or over the leased life as
amortization charges, as appropriate,
except that—
*
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*
3. Amend section 31.205–36 by
revising paragraph (a) to read as follows:
31.205–36
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
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(a) * * *
(2) * * *
(i) 52.204–10, Reporting Executive
Compensation and First-Tier Subcontract
Awards (Date) (Pub. L. 109–282) (31 U.S.C.
6101 note).
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[FR Doc. 2011–3354 Filed 2–15–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF TRANSPORTATION
RIN 2126–AB26
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Reporting Executive Compensation and
First-Tier Subcontract Awards (Date)
(a) * * *
Total compensation * * *
(2) Awards of stock, stock options, and
stock appreciation rights. Use the dollar
amount recognized for financial statement
reporting purposes with respect to the fiscal
year in accordance with the Financial
Accounting Standards Board’s Accounting
Standards Codification (FASB ASC) 718,
Compensation-Stock Compensation.
*
*
Depreciation.
*
52.204–10 Reporting Executive
Compensation and First-Tier Subcontract
Awards.
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
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(h) A ‘‘capital lease,’’ as defined in
Financial Accounting Standards Board’s
Accounting Standards Codification
(FASB ASC) 840, Leases, is subject to
the requirements of this cost principle.
(See 31.205–36 for Operating Leases.)
FASB ASC 840 requires that capital
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (Date)
Federal Motor Carrier Safety
Administration
PART 31—CONTRACT COST
PRINCIPLES AND PROCEDURES
*
*
4. Amend section 52.204–10 by
revising the date of the clause and in
paragraph (a), in the definition ‘‘Total
compensation’’, revising paragraph (2) to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
31.205–11
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
Rental costs.
(a) This section is applicable to the
cost of renting or leasing real or
personal property acquired under
‘‘operating leases’’ as defined in
Financial Accounting Standards Board’s
Accounting Standards Codification
(FASB ASC) 840, Leases. (See 31.205–11
for Capital Leases.)
*
*
*
*
*
*
*
*
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5. Amend section 52.212–5 by
revising the date of the clause and
paragraph (b)(4) to read as follows:
2. Amend section 31.205–11 by
revising the introductory text of
paragraph (h) to read as follows:
6. Amend section 52.213–4 by
revising the date of the clause and
paragraph (a)(2)(i) to read as follows:
*
*
*
*
Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(Date)
*
*
*
*
*
(b) * * *
ll (4) 52.204–10, Reporting Executive
Compensation and First-Tier Subcontract
Awards (Date) (Pub. L. 109–282) (31 U.S.C.
6101 note).
*
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49 CFR Parts 385, 386, 390, and 395
[Docket No. FMCSA–2004–19608]
Hours of Service of Drivers;
Availability of Supplemental
Documents and Corrections to Notice
of Proposed Rulemaking
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Proposed Rulemaking;
notice of availability of supplemental
documents and corrections; extension of
comment period.
AGENCY:
This document advises the
public that FMCSA has placed in the
public docket three additional
documents concerning hours of service
(HOS) for commercial motor vehicle
drivers. This notice also makes clerical
corrections to both the preamble and the
regulatory text of FMCSA’s notice of
proposed rulemaking (NPRM) on HOS
requirements, which was published in
the Federal Register on December 29,
2010. Finally, the notice extends the
public comment period for the NPRM
from February 28, 2011 to March 4,
2011.
DATES: Comments on the NPRM are due
by March 4, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 366–4325.
SUMMARY:
E:\FR\FM\16FEP1.SGM
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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules
SUPPLEMENTARY INFORMATION:
Availability of Supplemental
Documents
For a full background on this
rulemaking, please see the preamble to
the December 2010 HOS NPRM (75 FR
82170; December 29, 2010). The docket
for this rulemaking (FMCSA–2004–
19608) contains all of the background
information for this rulemaking,
including comments. As explained more
fully below, this notice calls attention to
three supplemental documents that
FMCSA has placed as electronic files in
the docket:
• FMCSA–2004–19608–6147—
Response to January 28, 2011, Request
from American Trucking Associations,
Inc. for Further Information on the
Cumulative Fatigue Function Used in
Docket Item Number FMCSA–2004–
19608–4116 Titled ‘‘2010–2011 Hours of
Service Rule Regulatory Impact
Analysis for the Proposed Hours of
Service (HOS) of Drivers Rule,
December 20, 2010’’.
• FMCSA–2004–19608–6147.1—An
Excel Spreadsheet presenting the
information requested by ATA:
Coefficient estimates, an explanation of
the coefficient names, and the formulas
for the cumulative fatigue function used
in Chapter 4 of the Regulatory
Evaluation for the HOS NPRM, and
displayed graphically in Exhibit 4–14 of
that document.
• FMCSA–2004–19608–6147.2—An
Excel Spreadsheet containing a column
of data using the formula in the HOS
Regulatory Evaluation to link the hours
worked in the previous week to fatigue
the following week.
On January 28, 2011, ATA requested
further information on ‘‘Analyses of
Fatigue-Related Large Truck Crashes,
The Assignment of Critical Reason, and
Other Variables Using the Large Truck
Crash Causation Study, May 30, 2008.’’
The study at issue estimated the impact
that cumulative hours worked have on
driver fatigue, and FMCSA used the
study to calculate some of the safety
benefits associated with the reduced
driver working hours the Agency
proposed in the NPRM. FMCSA placed
the study, which analyzed Large Truck
Crash Causation Study data, in the HOS
docket (FMCSA–2004–19608–3481).
While the study provides a detailed
description of the analysis and
methodology, it did not include the
actual coefficients estimated for the
cumulative fatigue function that linked
greater working hours in a week with
increased fatigue involvement in the
following week. ATA requested those
coefficients on January 28, 2011, so it
could recreate the safety benefit
calculations FMCSA used in the
Regulatory Impact Analysis. On
February 1, 2011, FMCSA sent ATA the
spreadsheets with a cover memo.
FMCSA has docketed both the memo
and the spreadsheets.
The coefficients for the cumulative
fatigue function from the 2008 study are
shown in Table 1.
TABLE 1—COEFFICIENTS FOR THE CUMULATIVE FATIGUE FUNCTION FROM ‘‘ANALYSES OF FATIGUE-RELATED LARGE
TRUCK CRASHES, THE ASSIGNMENT OF CRITICAL REASON, AND OTHER VARIABLES USING THE LARGE TRUCK CRASH
CAUSATION STUDY, MAY 30, 2008’’
Variable
5 ..................................
5 ..................................
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Figure
DF
Intercept ......................
Last .............................
These coefficients relate fatigue
involvement to total hours worked the
week before the crash. The formula
using these coefficients is as follows:
Prob (driver fatigue) = 1/
(1+exp(3.70411–0.03717*last), where
‘‘last’’ is the number of hours the driver
worked in the last week and ‘‘driver
fatigue’’ is the probability that the driver
was coded as fatigued at the time of the
crash.
There are two accompanying
spreadsheets. The first, docketed at
FMCSA–2004–19608–6147.1, presents
the coefficient estimates, explanation of
the coefficient names, and the formulas
for the 2008 study for figure 5, which
contains the cumulative fatigue formula.
The second spreadsheet, docketed at
FMCSA–2004–19608–6147.2, contains a
column of data using the formula from
the 2008 study to link hours worked in
the previous week to fatigue
involvement percentages the following
week. This column includes the raw
predicted values from the estimated
equation. Because FMCSA used baseline
estimates of average work and fatigue
involvement in the Regulatory Impact
Analysis docketed at FMCSA–2004–
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Term
1
1
¥3.70411
0.03717
Standard error
0.343315
0.006648
19608–4116, the fatigue-involvement
predicted values from the equation were
scaled so that the average work and
fatigue levels predicted by the equation
(for all hours) would equal the averages
used in the Regulatory Impact Analysis.
The second column of fatigue
percentages presents these scaled
values, which are only slightly different
from the raw values estimated directly
from the equation. FMCSA used a lookup table for scaling the individual hours
of work in the previous week. Look-up
tables act like step functions: a
reduction of 10.7 hours is treated as
though it is a reduction of 11 hours (it
goes to the next step), and so forth. The
use of this methodology may result in
slightly higher estimated benefits for
each option, compared to using exact
values. The differences in total benefits
for the central case, between the lookup
function and actual raw values, would
have been no more than a few percent;
they would not have affected the net
benefits of the options relative to one
another, or significantly changed their
attractiveness from a cost-benefit
standpoint.
PO 00000
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Sfmt 4702
Chi Square
statistic
116.4078
31.2692
P-value
Less than 0.000001.
Less than 0.000001.
The spreadsheet containing these
values and formulas incorporates two
worksheets, one titled ‘‘Parameters’’ and
another titled ‘‘Driving Hours Data.’’ The
formula coefficients are presented in
cells B87 through B90 of the ‘‘Driving
Hours Data’’ worksheet. The cells in A92
through C137 use the coefficients to link
work hours (contained in Column A,
cells A93–A137) to fatigue involvement
percentages in Column B (contained in
cells B93–137). Column C (cells C93–
137) presents the values scaled to our
average work (52 hours per week of
work) and fatigue involvement (13
percent).
FMCSA is extending the comment
period for all comments on the NPRM,
not just on the issues raised in this
notice, so everyone may have an
opportunity to review this formula and
its data.
Corrections to Notice of Proposed
Rulemaking
In addition, FMCSA makes the
following clerical corrections to the
HOS NPRM published in the Federal
Register on December 29, 2010 (75 FR
82170):
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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules
1. Page 82177. Correct footnote 17 to
read as follows:
17 Balkin, T., Thorne, D., Sing, H., Thomas,
M., Redmond, D., Wesensten, N., Williams,
J., Hall, S. & Belenky, G.,’’Effects of Sleep
Schedules on Commercial Vehicle Driver
Performance,’’ 2000. FMCSA–2004–19608–
2007.
2. Page 82178. Correct footnote 31 to
read as follows:
31 Fu, J.S., Calcagno, J.A., Davis, W.T.,
Boulet, J.A.M. & Wasserman, J.F., ‘‘Improving
Heavy-Duty Diesel Truck Ergonomics to
Reduce Fatigue and Improve Driver Health
and Performance,’’ FMCSA, December 2010.
3. Page 82179. Correct the third
sentence in the last paragraph of the
third column to read: ‘‘An answer would
turn on knowing the total number of
crashes in each hour and the percentage
of driving that takes place in each hour.’’
4. Page 82182, correct footnote 39 to
read as follows:
Van Dongen, H.P.A. & Belenky, G.,
‘‘Investigation into Motor Carrier Practices to
Achieve Optimal Commercial Motor Vehicle
Driver Performance: Phase I,’’ December
2010. FMCSA–2004–19608–4120.
39
5. Page 82182. Correct footnote 45 to
read as follows:
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45 Van Dongen, H.P.A., Jackson, M. &
Belenky, G., ‘‘Duration of Restart Period
Needed to Recycle with Optimal
Performance: Phase II,’’ FMCSA, December
2010. FMCSA–2004–19608–4440.
6. Page 82183. Correct the sentence
that begins on the fourth line from the
bottom of the second column to read,
‘‘Because one of the team members
drives while the other takes his or her
break, the result of the rule is that the
non-working driver has to take both
periods in the sleeper berth because it
is not possible to log the shorter time as
off duty while he or she is ‘in or upon
any commercial motor vehicle.’ ’’
7. Page 82187. Correct the sentence
that begins on the ninth line of the
second column to read, ‘‘To analyze the
safety impacts of these changes, the
Agency has developed a series of
functions that relate fatigue-coded
crashes to hours of daily driving and
hours of weekly work.’’
8. Page 82188. Remove the comma
after ‘‘benefits’’ and before ‘‘These’’ in the
thirteenth line of the first full paragraph
in the third column and add in its place
a period.
9. Page 82189. Remove the period in
‘‘Section V.’’ in line five of the paragraph
that begins after Table 8 in the second
column.
10. Page 82192. Remove ‘‘numbers’’
and add in its place ‘‘number’’ in the
eighth line of the third column.
11. Page 82193. Revise the heading of
Table 13 to read: ‘‘Table 13—First-Year
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17:26 Feb 15, 2011
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Costs to Affected Firms per Power Unit
for Option 3.’’
12. Page 82193. Revise the last
sentence of footnote 63 to read, ‘‘When
the Agency has looked at the impact on
private carriers in relation to their
revenue in the past, the percentage
impact of costs to private carriers as a
share of revenue has generally been an
order of magnitude smaller than the
impacts on for-hire trucking firms.’’
13. Page 82195. Remove the
abbreviation ‘‘EA’’ in the third line from
the bottom of the third column and add
in its place ‘‘Environmental
Assessment.’’
14. Page 82197. Correct:
a. § 395.1 by revising paragraph (b)(1).
b. § 395.1(d)(2) by removing the
period after ‘‘§§ 395.8’’ in the second
sentence and adding in its place a
comma.
c. § 395.1(g) by revising paragraphs
(g)(1)(i)(A)(4), (g)(1)(i)(B), and
(g)(1)(i)(C).
§ 395.1
Issued on: February 9, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–3267 Filed 2–15–11; 8:45 am]
BILLING CODE 4910–EX–P
Scope of rules in this part.
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(b) Driving conditions—
(1) Adverse driving conditions. Except
as provided in paragraph (h)(2) of this
section, a driver who encounters
adverse driving conditions, as defined
in § 395.2, and cannot, because of those
conditions, safely complete the run
within the maximum driving time
permitted by §§ 395.3(a) or 395.5(a) may
drive and be permitted or required to
drive a commercial motor vehicle for
not more than 2 additional hours to
complete that run or to reach a place
offering safety for the occupants of the
commercial motor vehicle and security
for the commercial motor vehicle and its
cargo. However, that driver may not
drive or be permitted to drive—
(i) For more than 12 hours in the
aggregate following 10 consecutive
hours off duty for drivers of propertycarrying commercial motor vehicles;
(ii) After the end of the 14th or 16th
hour since coming on duty following 10
consecutive hours off duty for drivers of
property-carrying commercial motor
vehicles, pursuant to § 395.3(a)(2);
(iii) For more than 12 hours in the
aggregate following 8 consecutive hours
off duty for drivers of passengercarrying commercial motor vehicles; or
(iv) After he/she has been on duty 15
hours following 8 consecutive hours off
duty for drivers of passenger-carrying
commercial motor vehicles.
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*
(g) * * *
(1) * * *
(i) * * *
(A) * * *
(4) The equivalent of at least 10
consecutive hours off duty if the driver
PO 00000
does not comply with paragraph
(g)(1)(i)(A)(1), (2), or (3) of this section;
(B) May not drive more than 10/11
hours following one of the 10-hour offduty periods specified in paragraph
(g)(1)(i)(A)(1) through (4) of this section;
however, driving is permitted only if 7
hours or less have passed since the
driver’s last off-duty or sleeper-berth
period of at least 30 minutes; and
(C) May not be on duty for more than
the 13-hour period in § 395.3(a)(4) or
drive beyond the 14- or 16-hour driving
window in § 395.3(a)(2) after coming on
duty following one of the 10-hour offduty periods specified in paragraph
(g)(1)(i)(A)(1) through (4) of this section;
and
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1152
[Docket No. EP 702]
National Trails System Act and
Railroad Rights-of-Way
AGENCY:
Surface Transportation Board,
DOT.
ACTION:
Notice of proposed rulemaking.
The Surface Transportation
Board (STB or Board) has instituted a
proceeding to clarify, update, and seek
public comments on proposed changes
to its existing regulations and
procedures regarding the use of railroad
rights-of-way for railbanking and
interim trail use under the National
Trails System Act (Trails Act).
DATES: Comments are due by April 12,
2011; replies are due by May 12, 2011.
ADDRESSES: Comments on this proposal
may be submitted either via the Board’s
e-filing format or in the traditional
paper format. Any person using e-filing
should attach a document and otherwise
comply with the instructions at the E–
FILING link on the Board’s Web site, at
https://www.stb.dot.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: Docket No. EP 702, 395 E
Street, SW., Washington, DC 20423–
0001.
Copies of written comments will be
available for viewing and self-copying at
the Board’s Public Docket Room, Room
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Proposed Rules]
[Pages 8990-8992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3267]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385, 386, 390, and 395
[Docket No. FMCSA-2004-19608]
RIN 2126-AB26
Hours of Service of Drivers; Availability of Supplemental
Documents and Corrections to Notice of Proposed Rulemaking
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Proposed Rulemaking; notice of availability of
supplemental documents and corrections; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: This document advises the public that FMCSA has placed in the
public docket three additional documents concerning hours of service
(HOS) for commercial motor vehicle drivers. This notice also makes
clerical corrections to both the preamble and the regulatory text of
FMCSA's notice of proposed rulemaking (NPRM) on HOS requirements, which
was published in the Federal Register on December 29, 2010. Finally,
the notice extends the public comment period for the NPRM from February
28, 2011 to March 4, 2011.
DATES: Comments on the NPRM are due by March 4, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590, (202) 366-4325.
[[Page 8991]]
SUPPLEMENTARY INFORMATION:
Availability of Supplemental Documents
For a full background on this rulemaking, please see the preamble
to the December 2010 HOS NPRM (75 FR 82170; December 29, 2010). The
docket for this rulemaking (FMCSA-2004-19608) contains all of the
background information for this rulemaking, including comments. As
explained more fully below, this notice calls attention to three
supplemental documents that FMCSA has placed as electronic files in the
docket:
FMCSA-2004-19608-6147--Response to January 28, 2011,
Request from American Trucking Associations, Inc. for Further
Information on the Cumulative Fatigue Function Used in Docket Item
Number FMCSA-2004-19608-4116 Titled ``2010-2011 Hours of Service Rule
Regulatory Impact Analysis for the Proposed Hours of Service (HOS) of
Drivers Rule, December 20, 2010''.
FMCSA-2004-19608-6147.1--An Excel Spreadsheet presenting
the information requested by ATA: Coefficient estimates, an explanation
of the coefficient names, and the formulas for the cumulative fatigue
function used in Chapter 4 of the Regulatory Evaluation for the HOS
NPRM, and displayed graphically in Exhibit 4-14 of that document.
FMCSA-2004-19608-6147.2--An Excel Spreadsheet containing a
column of data using the formula in the HOS Regulatory Evaluation to
link the hours worked in the previous week to fatigue the following
week.
On January 28, 2011, ATA requested further information on
``Analyses of Fatigue-Related Large Truck Crashes, The Assignment of
Critical Reason, and Other Variables Using the Large Truck Crash
Causation Study, May 30, 2008.'' The study at issue estimated the
impact that cumulative hours worked have on driver fatigue, and FMCSA
used the study to calculate some of the safety benefits associated with
the reduced driver working hours the Agency proposed in the NPRM. FMCSA
placed the study, which analyzed Large Truck Crash Causation Study
data, in the HOS docket (FMCSA-2004-19608-3481). While the study
provides a detailed description of the analysis and methodology, it did
not include the actual coefficients estimated for the cumulative
fatigue function that linked greater working hours in a week with
increased fatigue involvement in the following week. ATA requested
those coefficients on January 28, 2011, so it could recreate the safety
benefit calculations FMCSA used in the Regulatory Impact Analysis. On
February 1, 2011, FMCSA sent ATA the spreadsheets with a cover memo.
FMCSA has docketed both the memo and the spreadsheets.
The coefficients for the cumulative fatigue function from the 2008
study are shown in Table 1.
Table 1--Coefficients for the Cumulative Fatigue Function From ``Analyses of Fatigue-Related Large Truck Crashes, the Assignment of Critical Reason, and
Other Variables Using the Large Truck Crash Causation Study, May 30, 2008''
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chi Square
Figure Variable DF Term Standard error statistic P-value
--------------------------------------------------------------------------------------------------------------------------------------------------------
5................................ Intercept........... 1 -3.70411 0.343315 116.4078 Less than 0.000001.
5................................ Last................ 1 0.03717 0.006648 31.2692 Less than 0.000001.
--------------------------------------------------------------------------------------------------------------------------------------------------------
These coefficients relate fatigue involvement to total hours worked
the week before the crash. The formula using these coefficients is as
follows:
Prob (driver fatigue) = 1/(1+exp(3.70411-0.03717*last), where
``last'' is the number of hours the driver worked in the last week and
``driver fatigue'' is the probability that the driver was coded as
fatigued at the time of the crash.
There are two accompanying spreadsheets. The first, docketed at
FMCSA-2004-19608-6147.1, presents the coefficient estimates,
explanation of the coefficient names, and the formulas for the 2008
study for figure 5, which contains the cumulative fatigue formula. The
second spreadsheet, docketed at FMCSA-2004-19608-6147.2, contains a
column of data using the formula from the 2008 study to link hours
worked in the previous week to fatigue involvement percentages the
following week. This column includes the raw predicted values from the
estimated equation. Because FMCSA used baseline estimates of average
work and fatigue involvement in the Regulatory Impact Analysis docketed
at FMCSA-2004-19608-4116, the fatigue-involvement predicted values from
the equation were scaled so that the average work and fatigue levels
predicted by the equation (for all hours) would equal the averages used
in the Regulatory Impact Analysis. The second column of fatigue
percentages presents these scaled values, which are only slightly
different from the raw values estimated directly from the equation.
FMCSA used a look-up table for scaling the individual hours of work in
the previous week. Look-up tables act like step functions: a reduction
of 10.7 hours is treated as though it is a reduction of 11 hours (it
goes to the next step), and so forth. The use of this methodology may
result in slightly higher estimated benefits for each option, compared
to using exact values. The differences in total benefits for the
central case, between the lookup function and actual raw values, would
have been no more than a few percent; they would not have affected the
net benefits of the options relative to one another, or significantly
changed their attractiveness from a cost-benefit standpoint.
The spreadsheet containing these values and formulas incorporates
two worksheets, one titled ``Parameters'' and another titled ``Driving
Hours Data.'' The formula coefficients are presented in cells B87
through B90 of the ``Driving Hours Data'' worksheet. The cells in A92
through C137 use the coefficients to link work hours (contained in
Column A, cells A93-A137) to fatigue involvement percentages in Column
B (contained in cells B93-137). Column C (cells C93-137) presents the
values scaled to our average work (52 hours per week of work) and
fatigue involvement (13 percent).
FMCSA is extending the comment period for all comments on the NPRM,
not just on the issues raised in this notice, so everyone may have an
opportunity to review this formula and its data.
Corrections to Notice of Proposed Rulemaking
In addition, FMCSA makes the following clerical corrections to the
HOS NPRM published in the Federal Register on December 29, 2010 (75 FR
82170):
[[Page 8992]]
1. Page 82177. Correct footnote 17 to read as follows:
\17\ Balkin, T., Thorne, D., Sing, H., Thomas, M., Redmond, D.,
Wesensten, N., Williams, J., Hall, S. & Belenky, G.,''Effects of
Sleep Schedules on Commercial Vehicle Driver Performance,'' 2000.
FMCSA-2004-19608-2007.
2. Page 82178. Correct footnote 31 to read as follows:
\31\ Fu, J.S., Calcagno, J.A., Davis, W.T., Boulet, J.A.M. &
Wasserman, J.F., ``Improving Heavy-Duty Diesel Truck Ergonomics to
Reduce Fatigue and Improve Driver Health and Performance,'' FMCSA,
December 2010.
3. Page 82179. Correct the third sentence in the last paragraph of
the third column to read: ``An answer would turn on knowing the total
number of crashes in each hour and the percentage of driving that takes
place in each hour.''
4. Page 82182, correct footnote 39 to read as follows:
\39\ Van Dongen, H.P.A. & Belenky, G., ``Investigation into
Motor Carrier Practices to Achieve Optimal Commercial Motor Vehicle
Driver Performance: Phase I,'' December 2010. FMCSA-2004-19608-4120.
5. Page 82182. Correct footnote 45 to read as follows:
\45\ Van Dongen, H.P.A., Jackson, M. & Belenky, G., ``Duration
of Restart Period Needed to Recycle with Optimal Performance: Phase
II,'' FMCSA, December 2010. FMCSA-2004-19608-4440.
6. Page 82183. Correct the sentence that begins on the fourth line
from the bottom of the second column to read, ``Because one of the team
members drives while the other takes his or her break, the result of
the rule is that the non-working driver has to take both periods in the
sleeper berth because it is not possible to log the shorter time as off
duty while he or she is `in or upon any commercial motor vehicle.' ''
7. Page 82187. Correct the sentence that begins on the ninth line
of the second column to read, ``To analyze the safety impacts of these
changes, the Agency has developed a series of functions that relate
fatigue-coded crashes to hours of daily driving and hours of weekly
work.''
8. Page 82188. Remove the comma after ``benefits'' and before
``These'' in the thirteenth line of the first full paragraph in the
third column and add in its place a period.
9. Page 82189. Remove the period in ``Section V.'' in line five of
the paragraph that begins after Table 8 in the second column.
10. Page 82192. Remove ``numbers'' and add in its place ``number''
in the eighth line of the third column.
11. Page 82193. Revise the heading of Table 13 to read: ``Table
13--First-Year Costs to Affected Firms per Power Unit for Option 3.''
12. Page 82193. Revise the last sentence of footnote 63 to read,
``When the Agency has looked at the impact on private carriers in
relation to their revenue in the past, the percentage impact of costs
to private carriers as a share of revenue has generally been an order
of magnitude smaller than the impacts on for-hire trucking firms.''
13. Page 82195. Remove the abbreviation ``EA'' in the third line
from the bottom of the third column and add in its place
``Environmental Assessment.''
14. Page 82197. Correct:
a. Sec. 395.1 by revising paragraph (b)(1).
b. Sec. 395.1(d)(2) by removing the period after ``Sec. Sec.
395.8'' in the second sentence and adding in its place a comma.
c. Sec. 395.1(g) by revising paragraphs (g)(1)(i)(A)(4),
(g)(1)(i)(B), and (g)(1)(i)(C).
Sec. 395.1 Scope of rules in this part.
* * * * *
(b) Driving conditions--
(1) Adverse driving conditions. Except as provided in paragraph
(h)(2) of this section, a driver who encounters adverse driving
conditions, as defined in Sec. 395.2, and cannot, because of those
conditions, safely complete the run within the maximum driving time
permitted by Sec. Sec. 395.3(a) or 395.5(a) may drive and be permitted
or required to drive a commercial motor vehicle for not more than 2
additional hours to complete that run or to reach a place offering
safety for the occupants of the commercial motor vehicle and security
for the commercial motor vehicle and its cargo. However, that driver
may not drive or be permitted to drive--
(i) For more than 12 hours in the aggregate following 10
consecutive hours off duty for drivers of property-carrying commercial
motor vehicles;
(ii) After the end of the 14th or 16th hour since coming on duty
following 10 consecutive hours off duty for drivers of property-
carrying commercial motor vehicles, pursuant to Sec. 395.3(a)(2);
(iii) For more than 12 hours in the aggregate following 8
consecutive hours off duty for drivers of passenger-carrying commercial
motor vehicles; or
(iv) After he/she has been on duty 15 hours following 8 consecutive
hours off duty for drivers of passenger-carrying commercial motor
vehicles.
* * * * *
(g) * * *
(1) * * *
(i) * * *
(A) * * *
(4) The equivalent of at least 10 consecutive hours off duty if the
driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of
this section;
(B) May not drive more than 10/11 hours following one of the 10-
hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through
(4) of this section; however, driving is permitted only if 7 hours or
less have passed since the driver's last off-duty or sleeper-berth
period of at least 30 minutes; and
(C) May not be on duty for more than the 13-hour period in Sec.
395.3(a)(4) or drive beyond the 14- or 16-hour driving window in Sec.
395.3(a)(2) after coming on duty following one of the 10-hour off-duty
periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this
section; and
* * * * *
Issued on: February 9, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-3267 Filed 2-15-11; 8:45 am]
BILLING CODE 4910-EX-P
