Hours of Service of Drivers; Pilot Program To Allow Commercial Drivers To Split Sleeper Berth Time, 26232-26237 [2017-11642]
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72 FR 8417; 72 FR 21313; 72 FR 32703;
72 FR 36099; 72 FR 39879; 72 FR 40360;
72 FR 40362; 72 FR 52419; 72 FR 54971;
74 FR 26461; 74 FR 26464; 74 FR 34394;
74 FR 34630; 74 FR 37295; 74 FR 41971;
74 FR 43217; 74 FR 48343; 74 FR 49069;
74 FR 57551; 76 FR 18824; 76 FR 29024;
76 FR 34136; 76 FR 37168; 76 FR 37173;
76 FR 53708; 76 FR 54530; 76 FR 55463;
76 FR 55465; 76 FR 62143; 76 FR 66123;
76 FR 67246; 78 FR 27281; 78 FR 34143;
78 FR 41188; 78 FR 41975; 78 FR 47818;
78 FR 52602; 78 FR 56986; 78 FR 57679;
78 FR 63307; 78 FR 77782; 78 FR 78477;
79 FR 24298; 79 FR 53708; 80 FR
63869):
Martin R. Anaya (NM)
Kevan M. Burke (PA)
Thomas F. Caithamer (IL)
Juan Carranco (TX)
Westcott Clarke (MA)
James J. Doan (PA)
Kenneth J. Fisk (MI)
James E. Fix (SC)
James E. Goodman (AL)
James P. Greene (NY)
Bradley O. Hart (UT)
Randy L. Huelster (OK)
Jesus J. Huerta (NV)
Roger D. Kloss (IL)
Michael A. Lawson (KY)
Steven R. Lechtenberg (NE)
Joseph L. Mast (OR)
David Matos (NY)
Jesse R. McClary, Sr. (MO)
Roy L. Morgan (IL)
Earl R. Neugerbauer (CO)
Steven D. O’Donnell (NJ)
Robert M. Pickett II (MI)
Gerald J. Shamla (MN)
Steven C. Sheeder (IA)
Halman Smith (DE)
Jerry W. Stanfill (AR)
Brian C. Tate (OH)
Scott C. Teich (MN)
Bruce E. Thulin (NE)
Virgil E. Walker (TX)
The drivers were included in one of
the following docket Nos: FMCSA–
2003–15268; FMCSA–2005–20560;
FMCSA–2005–21711; FMCSA–2006–
26653; FMCSA–2007–27515; FMCSA–
2007–27897; FMCSA–2009–0121;
FMCSA–2009–0154; FMCSA–2009–
0206; FMCSA–2011–0057; FMCSA–
2011–0124; FMCSA–2011–0189;
FMCSA–2013–0028; FMCSA–2013–
0029; FMCSA–2013–0030; FMCSA–
2013–0165. Their exemptions are
effective as of November 6, 2015, and
will expire on November 6, 2017.
As of November 25, 2015, and in
accordance with 49 U.S.C. 31136(e) and
31315, Dennis E. White (PA), has
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (78 FR 62935; 78 FR
76395; 80 FR 63869):
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The driver was included in docket
No. FMCSA–2013–0166. His exemption
is effective as of November 25, 2015,
and will expire on November 25, 2017.
As of November 26, 2015, and in
accordance with 49 U.S.C. 31136(e) and
31315, Albert M. Divella (NV), has
satisfied the conditions for obtaining a
renewed exemption from the vision
requirements (78 FR 62935; 78 FR
76395; 80 FR 63869).
The driver was included in docket
No. FMCSA–2013–0166. His exemption
is effective as of November 26, 2015,
and will expire on November 26, 2017.
As of November 28, 2015, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 17 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (69 FR 33997; 69
FR 61292; 70 FR 48797; 70 FR 61493;
71 FR 55820; 72 FR 39879; 72 FR 52421;
72 FR 54971; 72 FR 58362; 72 FR 67344;
73 FR 65009; 74 FR 41971; 74 FR 49069;
74 FR 57553; 76 FR 4413; 76 FR 62143;
76 FR 70212; 80 FR 63869):
Robert W. Bequeaith (IA)
Lloyd K. Brown (WY)
Kecia D. Clark-Welch (NC)
Charles A. DeKnikker, Sr. (NV)
Clarence N. Florey, Jr. (PA)
Loren H. Geiken (SD)
John N. Guilford (AL)
John E. Halcomb (GA)
Michael A. Hershberger (OH)
Patrick J. Hogan, Jr. (DE)
Raul Martinez (FL)
Robert A. Miller (KY)
Amilton T. Monteiro (MA)
David G. Oakley (SC)
John S. Olsen (PA)
Thomas J. Prusik (NJ)
Brent L. Seaux (LA)
The drivers were included in one of
the following docket Nos: FMCSA–
2004–17984; FMCSA–2005–21711;
FMCSA–2007–27897; FMCSA–2007–
29019. Their exemptions are effective as
of November 28, 2015, and will expire
on November 28, 2017.
As of November 30, 2015, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 14 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (64 FR 27027; 64
FR 40404; 64 FR 51568; 64 FR 66962;
66 FR 63289; 67 FR 68719; 68 FR 2629;
68 FR 52811; 68 FR 61860; 68 FR 64944;
70 FR 48797; 70 FR 61165; 70 FR 61493;
70 FR 67776; 72 FR 64273; 74 FR 62632;
76 FR 70215; 78 FR 64280; 80 FR
63869):
Thomas E. Adams (IN)
Terry J. Aldridge (MS)
Lennie D. Baker, Jr. (NC)
Jerry D. Bridges (TX)
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William J. Corder (NC)
Gary R. Gutschow (WI)
James J. Hewitt (WI)
Rodney M. Mimbs (GA)
Walter F. Moniowczak (MI)
James R. Murphy (NY)
Chris A. Ritenour (MI)
Ronald L. Roy (IL)
Thomas E. Walsh (CA)
Kevin P. Weinhold (MA)
The drivers were included in one of
the following docket Nos: FMCSA–
1999–5578; FMCSA–1999–5748;
FMCSA–2002–12844; FMCSA–2003–
15892; FMCSA–2005–21711. Their
exemptions are effective as of November
30, 2015, and will expire on November
30, 2017.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: May 12, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–11648 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0260]
Hours of Service of Drivers; Pilot
Program To Allow Commercial Drivers
To Split Sleeper Berth Time
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
AGENCY:
FMCSA proposes a pilot
program to allow temporary regulatory
relief from the Agency’s sleeper berth
regulation, for a limited number of
commercial drivers who have a valid
commercial driver’s license (CDL), and
who regularly use a sleeper berth to
accumulate their required 10 hours of
non-duty work status. During the pilot
program, participating drivers would
have the option to split their sleeper
berth time within parameters specified
by FMCSA. Driver metrics would be
collected for the duration of the study,
and participants’ safety performance
SUMMARY:
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and fatigue levels would be analyzed.
This pilot program seeks to produce
statistically reliable evidence on the
question whether split sleeper berth
time affects driver safety performance
and fatigue levels.
The Agency proposes criteria for
participating drivers and carriers,
outlines procedural steps and a data
collection plan, and requests comments
on these elements.
DATES: Comments must be received on
or before August 7, 2017. The
implementation date of the Pilot
Program will be announced in
subsequent Federal Register notices.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2016–0260 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590 between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submission must
include the Agency name and the
docket number. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the Public
Participation heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
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can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT:
Nicole Michel, Research Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by email at Nicole.michel@
dot.gov, or by telephone at 202–366–
4354. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826. Further information will be
posted at the Web site for the proposed
pilot program:
www.sleeperberthstudy.com.
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
SUPPLEMENTARY INFORMATION:
II. Legal Basis
On June 9, 1998, the President signed
the Transportation Equity Act for the
21st Century (TEA–21) (Pub. L. 105–
178, 112 Stat. 107). Section 4007 of
TEA–21 amended 49 U.S.C. 31315 and
31136(e) to authorize the Secretary of
Transportation (Secretary) to grant
waivers and exemptions from some of
the Federal Motor Carrier Safety
Regulations (FMCSRs). The duration of
a waiver is limited to 3 months, and the
Secretary may grant the waiver without
requesting public comment. By contrast,
an exemption may be granted for up to
5 years,1 and may be renewed. The
Secretary must provide the public with
an opportunity to comment on each
exemption prior to granting or denying
the request.
Section 4007 also authorizes the
Secretary to conduct pilot programs,
which are research studies where one or
more exemptions are granted to allow
for the testing of innovative alternatives
to certain FMCSRs. FMCSA must
publish in the Federal Register a
detailed description of each pilot
program, including the exemptions
being considered, and provide notice
and an opportunity for public comment
before the effective date of the program.
The Agency is required to ensure that
the safety measures in the pilot
programs are designed to achieve a level
of safety that is equivalent to, or greater
than, the level of safety that would be
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials. In this notice, FMCSA
requests certain information, but
comments need not be limited to those
requests.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2016–0260), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online, by
fax, mail, or hand delivery, but please
use only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so the Agency can
contact you if it has questions regarding
your submission.
To submit your comment online, go to
www.regulations.gov, put the docket
number, ‘‘FMCSA–2016–0260’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
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Viewing Comments and Documents
To view comments, as well as
documents mentioned in this notice as
being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2016–0260’’
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
1 Changed from 2 years to 5 years by § 5206(a)(3)
of the Fixing America’s Surface Transportation
(FAST) Act, effective October 1, 2015.
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achieved through compliance with the
safety regulations. Pilot programs are
limited to 3 years from the starting date.
At the conclusion of each pilot
program, FMCSA must report to
Congress its findings, conclusions, and
recommendations, including suggested
amendments to laws and regulations
that would enhance motor carrier,
commercial motor vehicle (CMV), and
driver safety, and improve compliance
with the FMCSRs.
Section 4007 was implemented as an
interim final rule (IFR) that created 49
CFR part 381 (63 FR 67600, Dec. 8,
1998). On August 20, 2004 (69 FR
51589), FMCSA adopted the IFR as a
final rule (69 FR 51589). Part 381
established procedures to request
waivers, apply for exemptions, and to
propose pilot programs. It also required
publishing notice of proposed pilot
programs in the Federal Register to
afford the public an opportunity for
comment.
III. Background
Earlier Proposals
In early 2013, FMCSA informally
expressed an interest in conducting a
pilot program to study variations in the
types of ‘‘splits’’ of the required off-duty
periods that were allowed when using a
sleeper berth. In June 2013, the National
Association of Small Trucking
Companies advised that it supported
such a study and its members would be
willing to participate. In December
2013, the American Trucking
Associations, Inc. and the Minnesota
Trucking Association submitted a joint
proposal for a split sleeper-berth pilot
program. FMCSA has developed today’s
proposal based in part on these prior
expressions of support and interest.
FMCSA also took into account new
sleep studies and findings when
developing the proposal to ensure valid
results, without detrimental safety
impacts throughout the program, were
reasonably expected.
Applicable Regulations
As described in 49 CFR 395.1(g)(1), a
driver who operates a property-carrying
CMV equipped with a sleeper berth 2
and who uses the sleeper berth
provision must take at least 8
consecutive hours in the sleeper berth,
plus a separate period of 2 consecutive
hours either in the sleeper berth, off
duty, or any combination of the two,
before returning to on-duty status.
The Flexible Sleeper Berth Pilot
Program offers participating drivers
relief from the requirement for 8
consecutive hours in the sleeper berth.
Previous Research
During listening sessions for the
Agency’s 2010 notice of proposed
hours-of-service rulemaking, many
drivers said they would like some
regulatory flexibility (i.e., an exemption
from consolidated sleeper berth time) to
be able to sleep when they get tired or
as a countermeasure to traffic
congestion. Although the Agency’s 2011
final rule did not include a split sleeper
berth option, FMCSA determined that
the issue should be explored in greater
depth. Subsequently, FMCSA reviewed
the literature and completed its own
laboratory study on the safety impacts of
split sleep.
The majority of sleep studies to date
demonstrate that well-timed split sleep
has either a positive or no effect on
subsequent neurobehavioral
performance. This supports the theory
that the restorative effects of sleep on
performance may be maintained when
splitting total sleep time into multiple
segments. Further, split sleep does not
negatively affect daytime
neurobehavioral performance when
compared to a consolidated sleep period
of the same total duration. Table 1
provides a list of selected studies that
support the safety benefits of split sleep
for transportation operators.
TABLE 1—SELECTED STUDIES SUPPORTING THE BENEFITS OF SPLIT SLEEP FOR TRANSPORTATION OPERATORS
Description
Thomas G. Raslear , Judith Gertler, and Amanda DiFiore (2013):
‘‘Work schedules, sleep, fatigue, and accidents in the U.S. railroad
industry,’’ Fatigue: Biomedicine, Health & Behavior, 1:1–2, 99–115.
Gianluca Ficca, John Axelsson, Daniel J. Mollicone, Vincenzo Muto,
Michael V. Vitiello (2010): ‘‘Naps, cognition and performance,’’ Sleep
Medicine Reviews 14, 249–258.
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Reference
Study analyzes results from five surveys administered between 2006
and 2011 and provides a comprehensive description of fatigue in
U.S. railroad workers employed in safety-sensitive positions.
Literature review explores daytime split-sleep schedules and their effects on recovery (compared with consolidated sleep schedules) and
the benefits of naps in terms of wakefulness performance and cognition.
Laboratory study of 93 adults investigates physiological sleep obtained
in a range of restricted sleep schedules.
Daniel J. Mollicone, Hans P.A. Van Dongen, David F. Dinges (2007):
‘‘Optimizing sleep/wake schedules in space: Sleep during chronic
nocturnal sleep restriction with and without diurnal naps,’’ Acta
Astronautica 60, 354–361.
Daniel J. Mollicone, Hans P.A. Van Dongen, Ph.D., Naomi L. Rogers,
Ph.D., and David F. Dinges, Ph.D. (2008): ‘‘Response Surface Mapping of Neurobehavioral Performance: Testing the Feasibility of Split
Sleep Schedules for Space Operations,’’ Acta Astronautica, 63(7–
10): 833–840.
J. Horne (2011): ‘‘Obesity and short sleep: unlikely bedfellows?,’’ Obesity Reviews, 12: e84–e94.
L. Di Milia, G. Kecklund (2013): ‘‘The distribution of sleepiness, sleep
and work hours during a long distance morning trip: A comparison
between night- and non-night workers,’’ Accident Analysis and Prevention, 53:17–22.
Gregory Belenky, M.D., Steven R. Hursh, Ph.D., James Fitzpatrick,
Hans P. A. Van Dongen, Ph.D. (2008): ‘‘Split Sleeper Berth Use and
Driver Performance: A Review of the Literature and Application of a
Mathematical Model Predicting Performance from Sleep/Wake History and Circadian Phase,’’ American Trucking Associations.
Laboratory study of 90 adults examined feasibility of split-sleep schedules for astronauts with mission-critical space operations involving
restricted nighttime sleep.
Analysis critically examines the link between habitual short sleep and
obesity, using a previously collected data set.
Study estimates the prevalence of chronic sleepiness and sleep restriction in a sample of 649 drivers.
Study reviews the literature to examine the recuperative value of split
versus consolidated sleep for performance and applies a mathematical model to evaluate the effects on performance of 288 sleeper
berth provision compliant and non-compliant schedules.
2 A ‘‘sleeper berth’’ is a sleeping compartment
installed on a CMV that complies with the
specifications in 49 CFR 393.76.
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TABLE 1—SELECTED STUDIES SUPPORTING THE BENEFITS OF SPLIT SLEEP FOR TRANSPORTATION OPERATORS—
Continued
Reference
Description
Gregory Belenky, M.D., Melinda L. Jackson, Ph.D., Lindsey Tompkins,
Brieann Satterfield, Amy Bender (2012): ‘‘Investigation of the Effects
of Split Sleep Schedules on Commercial Vehicle Driver Safety and
Health,’’ FMCSA.
In-residence laboratory study of 53 healthy participants provides between-group comparisons of nighttime, split, or daytime sleep across
a 5-day simulated workweek.
FMCSA sponsored an in-residence
laboratory study entitled ‘‘Investigation
of the Effects of Split Sleep Schedules
on Commercial Vehicle Driver Safety
and Health.’’ The study was conducted
from January 2010 through May 2011. A
copy of the report is filed in the docket
identified at the beginning of this
notice. Three sleep conditions were
examined: Consolidated nighttime
sleep, split sleep, and consolidated
daytime sleep. With respect to
objectively measured sleep, during the
5-day simulated workweek, participants
in the nighttime condition slept the
most (8.4 hours ± 13.4 minutes),
participants in the daytime condition
slept the least (6.4 hours ± 15.3
minutes), and participants in the splitsleep condition fell somewhere in
between (7.16 hours ± 14.2 minutes).
The study found that consolidated
daytime sleep resulted in less total sleep
time, increased sleepiness, and an
increase in blood glucose and
testosterone at the end of the workweek.
However, performance was not
significantly affected by sleep
opportunity placement. The findings
suggest that, with respect to total sleep
time, consolidated sleep is better than
split sleep if the consolidated sleep
opportunity is placed at night, but that
split sleep is better than consolidated
sleep if the consolidated sleep
opportunity is placed during the day.
This laboratory study and the studies
referenced in Table 1 (as well as others)
provide the scientific basis for the
present study.
Previous sleep studies that have
shown detrimental effects caused by
split sleep are described in Table 2.
TABLE 2—SELECTED STUDIES SHOWING NEGATIVE IMPACTS OF SPLIT SLEEP FOR TRANSPORTATION OPERATORS
Description
NTSB (1995). Factors that affect Fatigue in Heavy Truck Accidents.
Volume I: Analysis. Safety Study NTSB Number: SS–95/01, NTIS
Number: PB95–917001, Washington, DC.
Hertz, R.P., ‘‘Tractor-Trailer Driver Fatality: The Role of Nonconsecutive Rest in a Sleeper Berth,’’ Insurance Institute for Highway Safety,
October 1987. Revised February 1988. https://www.fmcsa.dot.gov/
rules-regulations/administration/rulemakings/final/05-16498-HOSFinal-Rule-8-25-05.htm.
Dingus, et al, ‘‘Impact of Sleeper Berth Usage on Driver Fatigue,’’
NHTSA, 2002. FMCSA–2004–19608–1994.
Pilcher, JJ and Huffcutt, Al. ‘‘Effects of sleep deprivation on performance:
a
meta-analysis.’’
Pubmed.gov,
May1996.
https://
www.ncbi.nlm.nih.gov/pubmed/8776790.
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Reference
Study determined that split-shift sleeper berth use increased the risk of
fatality and that duration of last sleep as well as continuous sleep
were the most important predictors of fatigue-related accidents.
Study found that CMV driver fatality was significantly associated with
split sleeper berth use and that the quality and quantity of sleep obtained in the sleeper berth was less than that obtained when sleeping at home.
Most of these studies shown in Table
2 have findings that are potentially
outdated due to advances in methods of
conducting studies as well as advances
in the understanding of fatigue, fatigue
management, and how different sleep
patterns affect performance and fatigue.
More recent studies provide
overwhelming documentation that the
circadian rhythm affects fatigue far more
than splitting sleep does, and that
splitting sleep may be more beneficial
than sleeping in a single day time
period only. A literature review
published by Belenky, et al in 2008
provides a strong case for conducting
this pilot program, despite the earlier
findings shown in Table 2. This
literature review furthermore addresses
3 Note that study is only relevant to driver’s who
participate in team driving scenarios, since this is
the only situation where the vehicle can be moving
while a driver is in the sleeper berth.
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Concluded that sleeping in a moving vehicle impaired the quality of
rest.3
Found that a single, longer sleeping period was more refreshing that
splitting sleep into multiple shorter periods and that fatigue and micro
sleeps were more likely when an individual experienced disturbed
sleep.
the majority of publications mentioned
in Table 2 with respect to why the
subject of split sleep should be
revisited.
IV. Pilot Program Requirements
Specific requirements for pilot
programs are found in Subparts D and
E of 49 CFR part 381. A pilot program
is a study in which participants are
given exemptions from one or more
provisions of the Federal Motor Carrier
Safety Regulations (FMCSRs) for up to
3 years to gather data to evaluate
alternatives or innovative approaches to
regulations, while ensuring that an
equivalent level of safety is maintained.
A pilot program must include a
program plan that incorporates the
following six elements:
(1) A scheduled duration of three
years or less;
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(2) A specific data collection and
safety analysis plan that identifies a
method of comparing the safety
performance for motor carriers, CMVs,
and drivers operating under the terms
and conditions of the pilot program,
with the safety performance of motor
carriers, CMVs, and drivers that comply
with the regulation;
(3) A reasonable number of
participants necessary to yield
statistically valid findings;
(4) A monitoring plan to ensure that
participants comply with the terms and
conditions of participation in the pilot
program;
(5) Adequate safeguards to protect the
health and safety of study participants
and the general public; and
(6) A plan to inform the States and the
public about the pilot program and to
identify approved participants to
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enforcement personnel and the general
public. (49 CFR 381.500)
At the conclusion of each pilot
program, the FMCSA will report to
Congress the findings and conclusions
of the program and any
recommendations it considers
appropriate, including suggested
amendments to laws and regulations
that would enhance motor carrier, CMV,
and driver safety and improve
compliance with the FMCSRs. (49 CFR
381.520)
mstockstill on DSK30JT082PROD with NOTICES
V. Structure of the Pilot Program
The purpose of this pilot program is
to examine whether regulatory
flexibility related to the sleeper berth
provision could be used to improve
driver rest and alertness. Currently, any
interstate driver who (1) operates a
property-carrying CMV equipped with a
sleeper berth, and (2) uses the sleeper
berth provision, must take at least 8
consecutive hours in the sleeper berth,
plus a separate 2 consecutive hours
either in the sleeper berth, off duty, or
any combination of the two, before
returning to on-duty status. The pilot
program would give participating
drivers a temporary exemption from this
requirement for consolidated sleeper
berth time, within parameters specified
by the Agency. For study purposes,
drivers would be allowed to split their
sleep into no more than two sleeper
berth segments. Current regulations
allow drivers to use one 10 hour period,
or splits of 9 and 1 hours or 8 and 2
hours. Drivers operating under the
exemption for this study would be
allowed to use any combination of split
sleeper periods, totaling 10 hours, with
neither period being less than 3 hours,4
allowing for the driver to use splits of
3 and 7 hours, 4 and 6 hours, or two 5
hour periods. Following study
enrollment, drivers would be able to use
split or consolidated sleep schedules as
they choose (within study parameters),
but they must still meet the daily
minimum rest requirements.
This pilot program would recruit CDL
drivers who operate a CMV equipped
with a sleeper berth and who regularly
use the sleeper berth provision. The
study group would include drivers from
small, medium, and large carriers, as
well as team drivers and owneroperators. To ensure statistical
significance, approximately 200 study
group participants are desired. Each
participating driver would be
recommended, but not required, to
4 Note that if a driver has one period which is less
than 3 hours, they are in compliance with current
rules and therefore not driving under the
exemption.
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20:52 Jun 05, 2017
Jkt 241001
complete the Driver Education Module
(Module 3) and Driver Sleep Disorders
and Management Module (module 8) of
the NAFMP before data collection starts
to ensure participants are aware of the
risks of driving fatigued and have tools
available to manage their fatigue
throughout the study. Drivers will be
asked whether or not they chose to
complete these modules, or whether
they had completed them prior to study
application.
Participating carriers that meet the
eligibility criteria, as described later in
this notice, may assist in recruiting
study group drivers. Drivers will be
enrolled in the study contingent upon
approval from their carrier, as
applicable (owner-operators will not
need to meet this requirement).
The pilot program would also collect
driver identification details and data on
sleep, safety-critical events (SCEs),
subjective sleepiness ratings, and
behavioral alertness for up to a 90-day
period per driver.
VI. Management of the Pilot Program
FMCSA has designated a project
manager for the pilot program.
Participating carriers would be publicly
announced. FMCSA would develop the
applications, agreements, and forms to
be used by interested carriers and
potential study group members.
Eligibility requirements and
procedural matters are discussed in
Sections VII and VIII of this notice.
VII. Eligibility Criteria To Participate
A. Motor Carriers
Motor carriers who have drivers
participating in the pilot program must
meet the following requirements:
• Grant permission for drivers to
participate in the Flexible Sleeper Berth
Pilot Program.
• Agree to comply with all pilot
program procedures, which will be
established and made available in
written form to carrier-applicants prior
to initiation of the pilot program.
• Grant permission for researchers to
install an onboard monitoring system
(OBMS) and/or electronic logging
device (ELD) in each participating
driver’s vehicle throughout the study
duration.
• Grant permission for drivers
participating in the study to operate
under the flexible sleeper berth
exemption, as well as an exemption
allowing participating drivers to
maintain two hours of service logs (the
study-provided ELD system will be the
only way to properly track flexible
sleeper berth hours of service).
PO 00000
Frm 00195
Fmt 4703
Sfmt 4703
B. Study Group Drivers
In order to participate in the Flexible
Sleeper Berth Pilot Program, drivers
must meet the following eligibility
requirements:
• Be at least 21 years of age when the
pilot begins.
• Operate a CMV equipped with a
sleeper berth and regularly use the
sleeper berth.
• Have a valid CDL.
• Be medically fit for duty (have a
medical certificate that is valid
throughout the period of participation).
• Have carrier approval for
participation in the study (unless driver
is an owner-operator).
• May not be a slip-seat driver who
shares use of the same truck or trucktractor with another driver(s) during
separate periods such as shifts, days, or
weeks.
• May not drive outside of the United
States.
• Agree to the release of specific
information 5 to FMCSA for purposes of
the pilot.
• Agree to study procedures,6
including the use of ELDs and camerabased OBMSs.
VIII. Process To Apply To Participate
A. Motor Carriers
• Visit the pilot program Web site
(www.sleeperberthstudy.com) and
complete an electronic application with
screening questionnaire, which will
request the following details, at a
minimum: Name, carrier information,
company name, job title, carrier size,
and whether the carrier’s drivers have
previously completed the NAFMP
(specifically modules 3 and 8). The
carrier must grant permission for OBMS
and/or ELD equipment to be temporarily
installed in the vehicles of participating
drivers, and for drivers to use the studyprovided ELD system for recording HOS
during the period of data collection (up
to 90 days).
• The carrier’s representative must
acknowledge that driver data to include
OBMS video, driving data, sleep data,
performance data, and caffeine data
must remain confidential and will not
be shared with the company. The
exception to this is ELD data for
properly recording a driver’s HOS.
5 Information will be specified by the time drivers
apply to participate. Collection of specified
information must be approved prior to initiation of
pilot program.
6 Procedures will be specified by the time drivers
apply to participate. Specific procedures must be
established and approved prior to initiation of the
pilot program.
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
mstockstill on DSK30JT082PROD with NOTICES
B. Study Group Drivers
• Visit the pilot program Web site
(www.sleeperberthstudy.com) and
complete an electronic application and
screening questionnaire, which will
request the following details, at a
minimum: Name, contact information,
MEC expiration date, CDL status, typical
operation type (solo, team, or slip seat),
location of their home terminal, whether
they regularly drive a truck equipped
with a sleeper berth, whether they
regularly use their sleeper berth,
whether they have previously
completed modules 3 and 8 of the
NAFMP, and whether they currently use
paper or electronic HOS logs.
• Participate in a phone call with a
member of the research team to confirm
interest and eligibility.
• Obtain carrier permission to
participate (unless the individual is an
independent owner operator).
• Provide written, informed consent
after a briefing session on data
collection techniques and methods.
VIII. Data Collection Plan
Details of the data collection plan for
this pilot program are subject to change
based on comments to the docket and
further review by analysts. Factors to be
collected from each participating carrier
and driver before the pilot program
begins are discussed in Section VII of
this notice. Participating drivers will
drive an instrumented vehicle
(instrumented by the research team with
a study-provided OBMS and custom
ELD) for up to 90 days. During a prestudy briefing, participants will receive
a study-provided smartphone (installed
with a variety of data collection
applications), as well as a wrist
actigraphy device.7 Participants whose
vehicles are not already equipped with
a compatible ELD will be provided with
an approved ELD application (installed
on the study-provided smartphone). At
a minimum, FMCSA will gather the
following data during the study:
• ELD data, to evaluate duty hours
and timing, driving hours and timing,
rest breaks, off-duty time, and restart
breaks.
• OBMS data, to evaluate driving
behaviors, SCEs (crashes, near-crashes,
and other safety-related events), reaction
time, fatigue, lane deviations, and traffic
density (as discerned from viewpoints
of the multiple cameras), road
curvature, and speed variability.
• Roadside violation data (from
carriers and drivers, as well as the
7 Participants will wear wrist actigraphy devices
(similar to commercially available smart fitness
watches) throughout their time in the study.
Actigraphy is a minimally obtrusive, validated
approach to assessing sleep/wake patterns.
VerDate Sep<11>2014
20:52 Jun 05, 2017
Jkt 241001
Commercial Driver’s License
Information System (CDLIS)), including
vehicle, duty status, hazardous
materials, and cargo-related violations
(contingent upon inspections).
• Wrist actigraphy data, to evaluate
total sleep time, time of day sleep was
taken, sleep latency, and intermittent
wakefulness.
• Psychomotor Vigilance Test (PVT) 8
data, to evaluate drivers’ behavioral
alertness based on reaction times.
• Subjective sleepiness ratings, using
the Karolinska Sleepiness Scale,9 to
measure drivers’ perceptions of their
fatigue levels.
• Sleep logs, in which drivers will
document when they are going to sleep,
when they wake up, and whether they
are using the sleeper berth. For splitsleep days, drivers will record how and
why they chose to split their sleep.
Other information that may be needed
will also be collected through the
participating carrier. Every effort will be
made to reduce the burden on the
carrier in collecting and reporting this
data.
IX. Paperwork Reduction Act
The pilot program will require
participating motor carriers to collect,
maintain, and report to FMCSA certain
information about their drivers who are
participating in the pilot program. This
will include identifying information and
safety performance data for use in
analyzing the drivers’ safety history.
The Agency will develop forms to
promote uniformity in the data collected
by the pilot carriers.
The Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501–3520)
prohibits agencies from conducting
information collection (IC) activities
until they analyze the need for the
collection of information and how the
collected data will be managed.
Agencies must also analyze whether
technology could be used to reduce the
burden imposed on those providing the
data. The Agency must estimate the
time burden required to respond to the
IC requirements, such as the time
required to complete a particular form.
The Agency submits its IC analysis and
burden estimate to the Office of
Management and Budget (OMB) as a
formal information collection request
(ICR); the Agency cannot conduct the
8 For this study, drivers will be required to
complete daily iterations of a brief PVT, a 3-minute
behavioral alertness test which measures drivers’
alertness levels by timing their reactions to visual
stimuli.
9 The KSS is a 9-point Likert-type scale ranging
from ‘‘extremely alert’’ to ‘‘extremely sleepy’’ and
has been widely used in the literature as a
subjective assessment of alertness.
PO 00000
Frm 00196
Fmt 4703
Sfmt 4703
26237
information collection until OMB
approves the ICR.
Because certain aspects of this pilot
program—such as the content of forms
and reports—have not been finalized,
the Agency is not posting possible IC
burden data at this time. When the pilot
program is implemented, this
information will be posted and
additional comments will be taken.
X. Removal From the Program
FMCSA reserves the right to remove
any motor carrier or driver from the
pilot program for reasons related, but
not limited to, failure to meet all
program requirements.
XI. Request for Public Comments
Instructions for filing comments to the
public docket are included earlier in
this notice. FMCSA seeks information in
the following areas, but responses need
not be limited to these questions:
1. Are any additional safeguards
needed to ensure that the pilot program
provides a level of safety equivalent to
that without the consolidated sleeper
berth time exemption?
2. Should completion of modules 3
and 8 of the NAFMP be required for
study participation (instead of
recommended)?
3. Are the data collection efforts
proposed for carriers and drivers so
burdensome as to discourage
participation?
4. How should data collection efforts
differ for team drivers?
Issued on: May 31, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017–11642 Filed 6–5–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. DOT–MARAD–2017–0100]
Request for Comments on the Renewal
of a Previously Approved Information
Collection: War Risk Insurance,
Applications and Related Information
Maritime Administration,
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Request (ICR) abstracted
below is being forwarded to the Office
of Management and Budget (OMB) for
review and comments. The Secretary of
the U.S. Department of Transportation
SUMMARY:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26232-26237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11642]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0260]
Hours of Service of Drivers; Pilot Program To Allow Commercial
Drivers To Split Sleeper Berth Time
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA proposes a pilot program to allow temporary regulatory
relief from the Agency's sleeper berth regulation, for a limited number
of commercial drivers who have a valid commercial driver's license
(CDL), and who regularly use a sleeper berth to accumulate their
required 10 hours of non-duty work status. During the pilot program,
participating drivers would have the option to split their sleeper
berth time within parameters specified by FMCSA. Driver metrics would
be collected for the duration of the study, and participants' safety
performance
[[Page 26233]]
and fatigue levels would be analyzed. This pilot program seeks to
produce statistically reliable evidence on the question whether split
sleeper berth time affects driver safety performance and fatigue
levels.
The Agency proposes criteria for participating drivers and
carriers, outlines procedural steps and a data collection plan, and
requests comments on these elements.
DATES: Comments must be received on or before August 7, 2017. The
implementation date of the Pilot Program will be announced in
subsequent Federal Register notices.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0260 using any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC 20590 between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submission must include the Agency name and the
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001, by email at Nicole.michel@dot.gov, or
by telephone at 202-366-4354. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826. Further information will be posted at the Web site for
the proposed pilot program: www.sleeperberthstudy.com.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. In this notice, FMCSA requests certain information,
but comments need not be limited to those requests.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0260), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online, by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number, ``FMCSA-2016-0260'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice as
being available in the docket, go to www.regulations.gov and insert the
docket number, ``FMCSA-2016-0260'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
On June 9, 1998, the President signed the Transportation Equity Act
for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107). Section
4007 of TEA-21 amended 49 U.S.C. 31315 and 31136(e) to authorize the
Secretary of Transportation (Secretary) to grant waivers and exemptions
from some of the Federal Motor Carrier Safety Regulations (FMCSRs). The
duration of a waiver is limited to 3 months, and the Secretary may
grant the waiver without requesting public comment. By contrast, an
exemption may be granted for up to 5 years,\1\ and may be renewed. The
Secretary must provide the public with an opportunity to comment on
each exemption prior to granting or denying the request.
---------------------------------------------------------------------------
\1\ Changed from 2 years to 5 years by Sec. 5206(a)(3) of the
Fixing America's Surface Transportation (FAST) Act, effective
October 1, 2015.
---------------------------------------------------------------------------
Section 4007 also authorizes the Secretary to conduct pilot
programs, which are research studies where one or more exemptions are
granted to allow for the testing of innovative alternatives to certain
FMCSRs. FMCSA must publish in the Federal Register a detailed
description of each pilot program, including the exemptions being
considered, and provide notice and an opportunity for public comment
before the effective date of the program. The Agency is required to
ensure that the safety measures in the pilot programs are designed to
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would be
[[Page 26234]]
achieved through compliance with the safety regulations. Pilot programs
are limited to 3 years from the starting date.
At the conclusion of each pilot program, FMCSA must report to
Congress its findings, conclusions, and recommendations, including
suggested amendments to laws and regulations that would enhance motor
carrier, commercial motor vehicle (CMV), and driver safety, and improve
compliance with the FMCSRs.
Section 4007 was implemented as an interim final rule (IFR) that
created 49 CFR part 381 (63 FR 67600, Dec. 8, 1998). On August 20, 2004
(69 FR 51589), FMCSA adopted the IFR as a final rule (69 FR 51589).
Part 381 established procedures to request waivers, apply for
exemptions, and to propose pilot programs. It also required publishing
notice of proposed pilot programs in the Federal Register to afford the
public an opportunity for comment.
III. Background
Earlier Proposals
In early 2013, FMCSA informally expressed an interest in conducting
a pilot program to study variations in the types of ``splits'' of the
required off-duty periods that were allowed when using a sleeper berth.
In June 2013, the National Association of Small Trucking Companies
advised that it supported such a study and its members would be willing
to participate. In December 2013, the American Trucking Associations,
Inc. and the Minnesota Trucking Association submitted a joint proposal
for a split sleeper-berth pilot program. FMCSA has developed today's
proposal based in part on these prior expressions of support and
interest. FMCSA also took into account new sleep studies and findings
when developing the proposal to ensure valid results, without
detrimental safety impacts throughout the program, were reasonably
expected.
Applicable Regulations
As described in 49 CFR 395.1(g)(1), a driver who operates a
property-carrying CMV equipped with a sleeper berth \2\ and who uses
the sleeper berth provision must take at least 8 consecutive hours in
the sleeper berth, plus a separate period of 2 consecutive hours either
in the sleeper berth, off duty, or any combination of the two, before
returning to on-duty status.
---------------------------------------------------------------------------
\2\ A ``sleeper berth'' is a sleeping compartment installed on a
CMV that complies with the specifications in 49 CFR 393.76.
---------------------------------------------------------------------------
The Flexible Sleeper Berth Pilot Program offers participating
drivers relief from the requirement for 8 consecutive hours in the
sleeper berth.
Previous Research
During listening sessions for the Agency's 2010 notice of proposed
hours-of-service rulemaking, many drivers said they would like some
regulatory flexibility (i.e., an exemption from consolidated sleeper
berth time) to be able to sleep when they get tired or as a
countermeasure to traffic congestion. Although the Agency's 2011 final
rule did not include a split sleeper berth option, FMCSA determined
that the issue should be explored in greater depth. Subsequently, FMCSA
reviewed the literature and completed its own laboratory study on the
safety impacts of split sleep.
The majority of sleep studies to date demonstrate that well-timed
split sleep has either a positive or no effect on subsequent
neurobehavioral performance. This supports the theory that the
restorative effects of sleep on performance may be maintained when
splitting total sleep time into multiple segments. Further, split sleep
does not negatively affect daytime neurobehavioral performance when
compared to a consolidated sleep period of the same total duration.
Table 1 provides a list of selected studies that support the safety
benefits of split sleep for transportation operators.
Table 1--Selected Studies Supporting the Benefits of Split Sleep for
Transportation Operators
------------------------------------------------------------------------
Reference Description
------------------------------------------------------------------------
Thomas G. Raslear , Judith Gertler, and Study analyzes results from
Amanda DiFiore (2013): ``Work five surveys administered
schedules, sleep, fatigue, and between 2006 and 2011 and
accidents in the U.S. railroad provides a comprehensive
industry,'' Fatigue: Biomedicine, description of fatigue in U.S.
Health & Behavior, 1:1-2, 99-115. railroad workers employed in
safety-sensitive positions.
Gianluca Ficca, John Axelsson, Daniel Literature review explores
J. Mollicone, Vincenzo Muto, Michael daytime split-sleep schedules
V. Vitiello (2010): ``Naps, cognition and their effects on recovery
and performance,'' Sleep Medicine (compared with consolidated
Reviews 14, 249-258. sleep schedules) and the
benefits of naps in terms of
wakefulness performance and
cognition.
Daniel J. Mollicone, Hans P.A. Van Laboratory study of 93 adults
Dongen, David F. Dinges (2007): investigates physiological
``Optimizing sleep/wake schedules in sleep obtained in a range of
space: Sleep during chronic nocturnal restricted sleep schedules.
sleep restriction with and without
diurnal naps,'' Acta Astronautica 60,
354-361.
Daniel J. Mollicone, Hans P.A. Van Laboratory study of 90 adults
Dongen, Ph.D., Naomi L. Rogers, Ph.D., examined feasibility of split-
and David F. Dinges, Ph.D. (2008): sleep schedules for astronauts
``Response Surface Mapping of with mission-critical space
Neurobehavioral Performance: Testing operations involving
the Feasibility of Split Sleep restricted nighttime sleep.
Schedules for Space Operations,'' Acta
Astronautica, 63(7-10): 833-840.
J. Horne (2011): ``Obesity and short Analysis critically examines
sleep: unlikely bedfellows?,'' Obesity the link between habitual
Reviews, 12: e84-e94. short sleep and obesity, using
a previously collected data
set.
L. Di Milia, G. Kecklund (2013): ``The Study estimates the prevalence
distribution of sleepiness, sleep and of chronic sleepiness and
work hours during a long distance sleep restriction in a sample
morning trip: A comparison between of 649 drivers.
night- and non-night workers,''
Accident Analysis and Prevention,
53:17-22.
Gregory Belenky, M.D., Steven R. Hursh, Study reviews the literature to
Ph.D., James Fitzpatrick, Hans P. A. examine the recuperative value
Van Dongen, Ph.D. (2008): ``Split of split versus consolidated
Sleeper Berth Use and Driver sleep for performance and
Performance: A Review of the applies a mathematical model
Literature and Application of a to evaluate the effects on
Mathematical Model Predicting performance of 288 sleeper
Performance from Sleep/Wake History berth provision compliant and
and Circadian Phase,'' American non-compliant schedules.
Trucking Associations.
[[Page 26235]]
Gregory Belenky, M.D., Melinda L. In-residence laboratory study
Jackson, Ph.D., Lindsey Tompkins, of 53 healthy participants
Brieann Satterfield, Amy Bender provides between-group
(2012): ``Investigation of the Effects comparisons of nighttime,
of Split Sleep Schedules on Commercial split, or daytime sleep across
Vehicle Driver Safety and Health,'' a 5-day simulated workweek.
FMCSA.
------------------------------------------------------------------------
FMCSA sponsored an in-residence laboratory study entitled
``Investigation of the Effects of Split Sleep Schedules on Commercial
Vehicle Driver Safety and Health.'' The study was conducted from
January 2010 through May 2011. A copy of the report is filed in the
docket identified at the beginning of this notice. Three sleep
conditions were examined: Consolidated nighttime sleep, split sleep,
and consolidated daytime sleep. With respect to objectively measured
sleep, during the 5-day simulated workweek, participants in the
nighttime condition slept the most (8.4 hours 13.4
minutes), participants in the daytime condition slept the least (6.4
hours 15.3 minutes), and participants in the split-sleep
condition fell somewhere in between (7.16 hours 14.2
minutes). The study found that consolidated daytime sleep resulted in
less total sleep time, increased sleepiness, and an increase in blood
glucose and testosterone at the end of the workweek. However,
performance was not significantly affected by sleep opportunity
placement. The findings suggest that, with respect to total sleep time,
consolidated sleep is better than split sleep if the consolidated sleep
opportunity is placed at night, but that split sleep is better than
consolidated sleep if the consolidated sleep opportunity is placed
during the day. This laboratory study and the studies referenced in
Table 1 (as well as others) provide the scientific basis for the
present study.
Previous sleep studies that have shown detrimental effects caused
by split sleep are described in Table 2.
Table 2--Selected Studies Showing Negative Impacts of Split Sleep for
Transportation Operators
------------------------------------------------------------------------
Reference Description
------------------------------------------------------------------------
NTSB (1995). Factors that affect Study determined that split-
Fatigue in Heavy Truck Accidents. shift sleeper berth use
Volume I: Analysis. Safety Study NTSB increased the risk of fatality
Number: SS-95/01, NTIS Number: PB95- and that duration of last
917001, Washington, DC. sleep as well as continuous
sleep were the most important
predictors of fatigue-related
accidents.
Hertz, R.P., ``Tractor-Trailer Driver Study found that CMV driver
Fatality: The Role of Nonconsecutive fatality was significantly
Rest in a Sleeper Berth,'' Insurance associated with split sleeper
Institute for Highway Safety, October berth use and that the quality
1987. Revised February 1988. https:// and quantity of sleep obtained
www.fmcsa.dot.gov/rules-regulations/ in the sleeper berth was less
administration/rulemakings/final/05- than that obtained when
16498-HOS-Final-Rule-8-25-05.htm. sleeping at home.
Dingus, et al, ``Impact of Sleeper Concluded that sleeping in a
Berth Usage on Driver Fatigue,'' moving vehicle impaired the
NHTSA, 2002. FMCSA-2004-19608-1994. quality of rest.\3\
Pilcher, JJ and Huffcutt, Al. ``Effects Found that a single, longer
of sleep deprivation on performance: a sleeping period was more
meta-analysis.'' Pubmed.gov, May1996. refreshing that splitting
https://www.ncbi.nlm.nih.gov/pubmed/ sleep into multiple shorter
8776790. periods and that fatigue and
micro sleeps were more likely
when an individual experienced
disturbed sleep.
------------------------------------------------------------------------
Most of these studies shown in Table 2 have findings that are
potentially outdated due to advances in methods of conducting studies
as well as advances in the understanding of fatigue, fatigue
management, and how different sleep patterns affect performance and
fatigue. More recent studies provide overwhelming documentation that
the circadian rhythm affects fatigue far more than splitting sleep
does, and that splitting sleep may be more beneficial than sleeping in
a single day time period only. A literature review published by
Belenky, et al in 2008 provides a strong case for conducting this pilot
program, despite the earlier findings shown in Table 2. This literature
review furthermore addresses the majority of publications mentioned in
Table 2 with respect to why the subject of split sleep should be
revisited.
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\3\ Note that study is only relevant to driver's who participate
in team driving scenarios, since this is the only situation where
the vehicle can be moving while a driver is in the sleeper berth.
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IV. Pilot Program Requirements
Specific requirements for pilot programs are found in Subparts D
and E of 49 CFR part 381. A pilot program is a study in which
participants are given exemptions from one or more provisions of the
Federal Motor Carrier Safety Regulations (FMCSRs) for up to 3 years to
gather data to evaluate alternatives or innovative approaches to
regulations, while ensuring that an equivalent level of safety is
maintained.
A pilot program must include a program plan that incorporates the
following six elements:
(1) A scheduled duration of three years or less;
(2) A specific data collection and safety analysis plan that
identifies a method of comparing the safety performance for motor
carriers, CMVs, and drivers operating under the terms and conditions of
the pilot program, with the safety performance of motor carriers, CMVs,
and drivers that comply with the regulation;
(3) A reasonable number of participants necessary to yield
statistically valid findings;
(4) A monitoring plan to ensure that participants comply with the
terms and conditions of participation in the pilot program;
(5) Adequate safeguards to protect the health and safety of study
participants and the general public; and
(6) A plan to inform the States and the public about the pilot
program and to identify approved participants to
[[Page 26236]]
enforcement personnel and the general public. (49 CFR 381.500)
At the conclusion of each pilot program, the FMCSA will report to
Congress the findings and conclusions of the program and any
recommendations it considers appropriate, including suggested
amendments to laws and regulations that would enhance motor carrier,
CMV, and driver safety and improve compliance with the FMCSRs. (49 CFR
381.520)
V. Structure of the Pilot Program
The purpose of this pilot program is to examine whether regulatory
flexibility related to the sleeper berth provision could be used to
improve driver rest and alertness. Currently, any interstate driver who
(1) operates a property-carrying CMV equipped with a sleeper berth, and
(2) uses the sleeper berth provision, must take at least 8 consecutive
hours in the sleeper berth, plus a separate 2 consecutive hours either
in the sleeper berth, off duty, or any combination of the two, before
returning to on-duty status. The pilot program would give participating
drivers a temporary exemption from this requirement for consolidated
sleeper berth time, within parameters specified by the Agency. For
study purposes, drivers would be allowed to split their sleep into no
more than two sleeper berth segments. Current regulations allow drivers
to use one 10 hour period, or splits of 9 and 1 hours or 8 and 2 hours.
Drivers operating under the exemption for this study would be allowed
to use any combination of split sleeper periods, totaling 10 hours,
with neither period being less than 3 hours,\4\ allowing for the driver
to use splits of 3 and 7 hours, 4 and 6 hours, or two 5 hour periods.
Following study enrollment, drivers would be able to use split or
consolidated sleep schedules as they choose (within study parameters),
but they must still meet the daily minimum rest requirements.
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\4\ Note that if a driver has one period which is less than 3
hours, they are in compliance with current rules and therefore not
driving under the exemption.
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This pilot program would recruit CDL drivers who operate a CMV
equipped with a sleeper berth and who regularly use the sleeper berth
provision. The study group would include drivers from small, medium,
and large carriers, as well as team drivers and owner-operators. To
ensure statistical significance, approximately 200 study group
participants are desired. Each participating driver would be
recommended, but not required, to complete the Driver Education Module
(Module 3) and Driver Sleep Disorders and Management Module (module 8)
of the NAFMP before data collection starts to ensure participants are
aware of the risks of driving fatigued and have tools available to
manage their fatigue throughout the study. Drivers will be asked
whether or not they chose to complete these modules, or whether they
had completed them prior to study application.
Participating carriers that meet the eligibility criteria, as
described later in this notice, may assist in recruiting study group
drivers. Drivers will be enrolled in the study contingent upon approval
from their carrier, as applicable (owner-operators will not need to
meet this requirement).
The pilot program would also collect driver identification details
and data on sleep, safety-critical events (SCEs), subjective sleepiness
ratings, and behavioral alertness for up to a 90-day period per driver.
VI. Management of the Pilot Program
FMCSA has designated a project manager for the pilot program.
Participating carriers would be publicly announced. FMCSA would develop
the applications, agreements, and forms to be used by interested
carriers and potential study group members.
Eligibility requirements and procedural matters are discussed in
Sections VII and VIII of this notice.
VII. Eligibility Criteria To Participate
A. Motor Carriers
Motor carriers who have drivers participating in the pilot program
must meet the following requirements:
Grant permission for drivers to participate in the
Flexible Sleeper Berth Pilot Program.
Agree to comply with all pilot program procedures, which
will be established and made available in written form to carrier-
applicants prior to initiation of the pilot program.
Grant permission for researchers to install an onboard
monitoring system (OBMS) and/or electronic logging device (ELD) in each
participating driver's vehicle throughout the study duration.
Grant permission for drivers participating in the study to
operate under the flexible sleeper berth exemption, as well as an
exemption allowing participating drivers to maintain two hours of
service logs (the study-provided ELD system will be the only way to
properly track flexible sleeper berth hours of service).
B. Study Group Drivers
In order to participate in the Flexible Sleeper Berth Pilot
Program, drivers must meet the following eligibility requirements:
Be at least 21 years of age when the pilot begins.
Operate a CMV equipped with a sleeper berth and regularly
use the sleeper berth.
Have a valid CDL.
Be medically fit for duty (have a medical certificate that
is valid throughout the period of participation).
Have carrier approval for participation in the study
(unless driver is an owner-operator).
May not be a slip-seat driver who shares use of the same
truck or truck-tractor with another driver(s) during separate periods
such as shifts, days, or weeks.
May not drive outside of the United States.
Agree to the release of specific information \5\ to FMCSA
for purposes of the pilot.
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\5\ Information will be specified by the time drivers apply to
participate. Collection of specified information must be approved
prior to initiation of pilot program.
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Agree to study procedures,\6\ including the use of ELDs
and camera-based OBMSs.
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\6\ Procedures will be specified by the time drivers apply to
participate. Specific procedures must be established and approved
prior to initiation of the pilot program.
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VIII. Process To Apply To Participate
A. Motor Carriers
Visit the pilot program Web site
(www.sleeperberthstudy.com) and complete an electronic application with
screening questionnaire, which will request the following details, at a
minimum: Name, carrier information, company name, job title, carrier
size, and whether the carrier's drivers have previously completed the
NAFMP (specifically modules 3 and 8). The carrier must grant permission
for OBMS and/or ELD equipment to be temporarily installed in the
vehicles of participating drivers, and for drivers to use the study-
provided ELD system for recording HOS during the period of data
collection (up to 90 days).
The carrier's representative must acknowledge that driver
data to include OBMS video, driving data, sleep data, performance data,
and caffeine data must remain confidential and will not be shared with
the company. The exception to this is ELD data for properly recording a
driver's HOS.
[[Page 26237]]
B. Study Group Drivers
Visit the pilot program Web site
(www.sleeperberthstudy.com) and complete an electronic application and
screening questionnaire, which will request the following details, at a
minimum: Name, contact information, MEC expiration date, CDL status,
typical operation type (solo, team, or slip seat), location of their
home terminal, whether they regularly drive a truck equipped with a
sleeper berth, whether they regularly use their sleeper berth, whether
they have previously completed modules 3 and 8 of the NAFMP, and
whether they currently use paper or electronic HOS logs.
Participate in a phone call with a member of the research
team to confirm interest and eligibility.
Obtain carrier permission to participate (unless the
individual is an independent owner operator).
Provide written, informed consent after a briefing session
on data collection techniques and methods.
VIII. Data Collection Plan
Details of the data collection plan for this pilot program are
subject to change based on comments to the docket and further review by
analysts. Factors to be collected from each participating carrier and
driver before the pilot program begins are discussed in Section VII of
this notice. Participating drivers will drive an instrumented vehicle
(instrumented by the research team with a study-provided OBMS and
custom ELD) for up to 90 days. During a pre-study briefing,
participants will receive a study-provided smartphone (installed with a
variety of data collection applications), as well as a wrist actigraphy
device.\7\ Participants whose vehicles are not already equipped with a
compatible ELD will be provided with an approved ELD application
(installed on the study-provided smartphone). At a minimum, FMCSA will
gather the following data during the study:
---------------------------------------------------------------------------
\7\ Participants will wear wrist actigraphy devices (similar to
commercially available smart fitness watches) throughout their time
in the study. Actigraphy is a minimally obtrusive, validated
approach to assessing sleep/wake patterns.
---------------------------------------------------------------------------
ELD data, to evaluate duty hours and timing, driving hours
and timing, rest breaks, off-duty time, and restart breaks.
OBMS data, to evaluate driving behaviors, SCEs (crashes,
near-crashes, and other safety-related events), reaction time, fatigue,
lane deviations, and traffic density (as discerned from viewpoints of
the multiple cameras), road curvature, and speed variability.
Roadside violation data (from carriers and drivers, as
well as the Commercial Driver's License Information System (CDLIS)),
including vehicle, duty status, hazardous materials, and cargo-related
violations (contingent upon inspections).
Wrist actigraphy data, to evaluate total sleep time, time
of day sleep was taken, sleep latency, and intermittent wakefulness.
Psychomotor Vigilance Test (PVT) \8\ data, to evaluate
drivers' behavioral alertness based on reaction times.
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\8\ For this study, drivers will be required to complete daily
iterations of a brief PVT, a 3-minute behavioral alertness test
which measures drivers' alertness levels by timing their reactions
to visual stimuli.
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Subjective sleepiness ratings, using the Karolinska
Sleepiness Scale,\9\ to measure drivers' perceptions of their fatigue
levels.
---------------------------------------------------------------------------
\9\ The KSS is a 9-point Likert-type scale ranging from
``extremely alert'' to ``extremely sleepy'' and has been widely used
in the literature as a subjective assessment of alertness.
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Sleep logs, in which drivers will document when they are
going to sleep, when they wake up, and whether they are using the
sleeper berth. For split-sleep days, drivers will record how and why
they chose to split their sleep.
Other information that may be needed will also be collected through the
participating carrier. Every effort will be made to reduce the burden
on the carrier in collecting and reporting this data.
IX. Paperwork Reduction Act
The pilot program will require participating motor carriers to
collect, maintain, and report to FMCSA certain information about their
drivers who are participating in the pilot program. This will include
identifying information and safety performance data for use in
analyzing the drivers' safety history. The Agency will develop forms to
promote uniformity in the data collected by the pilot carriers.
The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520)
prohibits agencies from conducting information collection (IC)
activities until they analyze the need for the collection of
information and how the collected data will be managed. Agencies must
also analyze whether technology could be used to reduce the burden
imposed on those providing the data. The Agency must estimate the time
burden required to respond to the IC requirements, such as the time
required to complete a particular form. The Agency submits its IC
analysis and burden estimate to the Office of Management and Budget
(OMB) as a formal information collection request (ICR); the Agency
cannot conduct the information collection until OMB approves the ICR.
Because certain aspects of this pilot program--such as the content
of forms and reports--have not been finalized, the Agency is not
posting possible IC burden data at this time. When the pilot program is
implemented, this information will be posted and additional comments
will be taken.
X. Removal From the Program
FMCSA reserves the right to remove any motor carrier or driver from
the pilot program for reasons related, but not limited to, failure to
meet all program requirements.
XI. Request for Public Comments
Instructions for filing comments to the public docket are included
earlier in this notice. FMCSA seeks information in the following areas,
but responses need not be limited to these questions:
1. Are any additional safeguards needed to ensure that the pilot
program provides a level of safety equivalent to that without the
consolidated sleeper berth time exemption?
2. Should completion of modules 3 and 8 of the NAFMP be required
for study participation (instead of recommended)?
3. Are the data collection efforts proposed for carriers and
drivers so burdensome as to discourage participation?
4. How should data collection efforts differ for team drivers?
Issued on: May 31, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-11642 Filed 6-5-17; 8:45 am]
BILLING CODE 4910-EX-P