Hours of Service of Drivers of Commercial Motor Vehicles: Proposed Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance, 60269-60271 [2017-27315]
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Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
Federal Highway Administration
[FHWA Docket No. FHWA–2016–0020]
Productive and Timely Expenditure of
Funds
Federal Highway
Administration (FHWA), U.S.
Department of Transportation.
ACTION: Notice.
AGENCY:
This notice announces the
FHWA website, ‘‘FAST Act Section
1421—Programmatic Approaches to
Project Delivery,’’ where information
and guidance on improving project
delivery is consolidated to encourage
implementation of approaches,
techniques, and best practices to
facilitate the productive, effective, and
timely expenditure of title 23, United
States Code, funds. Consistent
implementation of the information and
guidance provided on the website will
serve to assist Federal-aid recipients in
effectively using Federal funds by
avoiding unnecessary, costly project
delays and minimizing project cost
overruns.
SUMMARY:
The date of this notice is
December 19, 2017.
DATES:
Mr.
Gerald Yakowenko, FHWA Office of
Program Administration, 202–366–1562,
or via email at gerald.yakowenko@
dot.gov. For legal questions, please
contact Mr. Jomar Maldonado, FHWA
Office of the Chief Counsel, 202–366–
1373, or via email at jomar.maldonado@
dot.gov. Office hours for the FHWA are
from 8:00 a.m. to 4:30 p.m., ET, Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register’s home page at: https://
www.archives.gov and the Government
Publishing Office’s Federal Digital
System at: https://www.fdsys.gov.
sradovich on DSK3GMQ082PROD with NOTICES
Background
On August 30, 2016, at 81 FR 59717,
FHWA published a notice and request
for comments to identify any readily
available information resources on
programmatic approaches to improve
project delivery through avoidance of
unnecessary delays, and minimizing of
cost overruns in compliance with the
Section 1421 of the Fixing America’s
Surface Transportation (FAST) Act. To
comply with Section 1421, ‘‘Productive
and Timely Expenditure of Funds,’’
FHWA developed a test website where
17:47 Dec 18, 2017
Jkt 244001
sample information resources on
programmatic agreements, approaches,
techniques, and best practices were
consolidated for ease of access, and to
encourage and ensure consistent
implementation. The test website was
used for illustrative purpose to obtain
input from commenters on the content
to be included on the final website.
Project Delivery,’’ for notice and public
comment on August 30, 2016. After
considering all the comments, FHWA
has incorporated appropriate revisions
into the final FAST Act Section 1421
website. As such, the final FHWA FAST
Act Section 1421 website can be found
at: https://www.fhwa.dot.gov/
construction/contracts/section1421.cfm.
Discussion of Comments
DEPARTMENT OF TRANSPORTATION
VerDate Sep<11>2014
60269
Issued on: December 12, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway
Administration.
I. Summary
All comments received in response to
the initial notice and request for
comments have been considered in
adopting this final notice. Comments
were received from one representative
of the Maryland Department of
Transportation State Highway
Administration (MDOT SHA). The
following discussion identifies and
summarizes the comments submitted by
the commenter in response to the
August 30, 2016, notice, as well as
FHWA’s response to those comments.
II. Analysis of and Response to
Comments on the Test Website
Comment 1: A representative of
MDOT SHA recommended adding a
number of Maryland-specific
information on programmatic
agreements, procedures, and
memorandum of agreements to the
FAST Act Section 1421 website.
FHWA’s Response 1: The comments
provided by MDOT SHA were Statespecific, not national; therefore, FHWA
did not incorporate those comments
into the final FAST Act Section 1421
website. Since the August 30, 2016,
notice, FHWA has developed an
Environmental Review Toolkit website
that included information on
programmatic agreements and
approaches to accelerate project
delivery. State-specific resources could
be provided on the FHWA State Practice
Database accessed from the
Environmental Review Toolkit website,
or directly at: https://
www.environment.fhwa.dot.gov/
strmlng/es3stateprac.asp.
Comment 2: The MDOT SHA
recommended including the U.S. Fish
and Wildlife Service planning tool,
‘‘IPaC Information for Planning and
Consultation,’’ for streamlining the
environmental review process.
FHWA’s Response 2: The FHWA
agrees with the commenter and will add
the U.S. Fish and Wildlife Service
planning tool to the final FAST Act
Section 1421 website.
Final FAST Act Section 1421 Website
The FHWA established the test
FHWA website, ‘‘FAST Act Section
1421—Programmatic Approaches to
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[FR Doc. 2017–27270 Filed 12–18–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0108]
Hours of Service of Drivers of
Commercial Motor Vehicles: Proposed
Regulatory Guidance Concerning the
Use of a Commercial Motor Vehicle for
Personal Conveyance
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance;
request for comments.
AGENCY:
FMCSA is proposing to revise
the regulatory guidance concerning
driving a commercial motor vehicle
(CMV) for personal use while off-duty,
referred to as ‘‘personal conveyance.’’
This provision is available to all CMV
drivers required to record their hours of
service (HOS) who are permitted by
their employer to use the vehicle for
personal use. The Agency requests
public comments on the guidance and
its economic impact.
DATES: Comments are due by January
18, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2017–0108 using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Docket Management Facility;
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: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., ET, Monday through Friday,
except Federal Holidays.
• Fax: 1–202–493–2251.
SUMMARY:
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60270
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
If you want acknowledgment that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: DOT solicits comments
from the public to better inform its
guidance 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.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice
contact Ms. LaTonya Mimms,
Transportation Specialist, Enforcement
Division, FMCSA. Ms. Mimms may be
reached at 202–366–0991 and by email
at LaTonya.Mimms@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
sradovich on DSK3GMQ082PROD with NOTICES
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2017–0108), indicate
the specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or 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.
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
To submit your comment online, go to
https://www.regulations.gov and put the
docket number, ‘‘FMCSA–2017–0108’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
appears, click on ‘‘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 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, self-addressed postcard or
envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
notice based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number, ‘‘FMCSA–2017–
0108’’ in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘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., ET, Monday
through Friday, except Federal holidays.
II. Background
Currently, the Federal Motor Carrier
Safety Regulations (FMCSRs) require
drivers to document their HOS on
records of duty status (RODS),
identifying one of four duty status
options: On-duty (non-driving), driving,
sleeper berth, and off-duty (49 CFR
395.8). As a result, when personal
conveyance in a CMV is authorized by
the motor carrier, drivers are required to
document such use as off-duty on their
RODS, irrespective of the method used
to record the driver’s HOS (e.g., paper
logs, automatic on-board recording
device, electronic logging devices
(ELDs), etc.)
The minimum performance and
design standards for ELDs in the
Agency’s final rule on ‘‘Implementation
of Electronic Logging Devices and Hours
of Service Supporting Documents’’ (ELD
rule) include the automatic recording of
data related to the off-duty movement of
the CMV. As part of the ELD rule, ELD
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Sfmt 4703
manufacturers are required to include a
special driving category for personal
conveyance. This may be used at the
motor carrier’s discretion, based on their
operations. In addition, motor carriers
may grant drivers authority to operate a
CMV under personal conveyance
without preconfiguring the ELD with
the personal conveyance special driving
category.
The existing guidance on personal
conveyance (49 CFR 395.8, Question 26)
was issued by the Federal Highway
Administration (FHWA), FMCSA’s
predecessor agency, in a memorandum
dated November 18, 1996, and later
published in a compilation of guidance
(62 FR 16370, 16426, April 4, 1997). The
guidance reiterated the basic principle
that a driver in off-duty status must be
relieved from work and all
responsibility for performing work. It
highlighted the use of the CMV as a
personal conveyance in traveling to and
from the place of employment (e.g., the
normal work reporting location). The
1997 guidance included discussion of
CMVs used to travel ‘‘short distances’’
from a driver’s en route lodgings to
restaurants in the vicinity of such
lodgings. In addition, the 1997 guidance
explicitly excluded the use of laden
vehicles as personal conveyance and the
operation of the CMV as personal
conveyance by drivers who have been
placed out of service for HOS violations.
The guidance has remained unchanged
since 1997.
In issuing today’s proposed revision
to the guidance, the Agency focuses on
the reason the driver is operating a CMV
while off duty, without regard to
whether the CMV is or is not laden. The
previous guidance, which required the
CMV to be unladen, was written for
combination vehicles, where the driver
could readily detach the trailer and use
the unladen tractor for personal
conveyance. This interpretation had the
inadvertent effect of not allowing
drivers of single-unit work trucks that
carry loads, as well as tools of trade and
related materials, on the power unit to
document this off-duty time on the
RODS. In the absence of a trailer, these
loads, tools, and other equipment
cannot reasonably be offloaded, left
unattended, and reloaded after the
power unit has been used for personal
conveyance. This proposed revisision to
the guidance eliminates the requirement
that the CMV be unladen and thus the
disparate impact created by the previous
guidance.
FMCSA’s regulatory guidance for the
FMCSRs is currently available on the
Agency’s website at https://
www.fmcsa.dot.gov/regulations.
E:\FR\FM\19DEN1.SGM
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Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
Question 26 under section 49 CFR 395.8
currently reads as follows:
sradovich on DSK3GMQ082PROD with NOTICES
Question 26: If a driver is permitted to use
a Commercial Motor Vehicle (CMV) for
personal reasons, how must the driving time
be recorded?
Guidance: When a driver is relieved from
work and all responsibility for performing
work, time spent traveling from a driver’s
home to his/her terminal (normal work
reporting location), or from a driver’s
terminal to his/her home, may be considered
off-duty time. Similarly, time spent traveling
short distances from a driver’s en route
lodgings (such as en route terminals or
motels) to restaurants in the vicinity of such
lodgings may be considered off-duty time.
The type of conveyance used from the
terminal to the driver’s home, from the
driver’s home to the terminal, or to
restaurants in the vicinity of en route
lodgings would not alter the situation unless
the vehicle is laden. A driver may not operate
a laden CMV as a personal conveyance. The
driver who uses a motor carrier’s Commercial
Motor Vehicle (CMV) for transportation
home, and is subsequently called by the
employing carrier and is then dispatched
from home, would be on-duty from the time
the driver leaves home. A driver placed out
of service for exceeding the requirements of
the hours of service regulations may not
drive a Commercial Motor Vehicle (CMV) to
any location to obtain rest.
III. Proposed Guidance Language
FMCSA proposes to replace the above
interpretation with the following
revised Question 26 and seeks
comments on this guidance. FMCSA
also seeks public comments and
information on other appropriate uses of
a CMV while off-duty for personal
conveyance, as well as the economic
impacts of the proposal. FMCSA
proposes to update the guidance for
§ 395.8 Driver’s Record of Duty Status to
read as follows:
Question 26: Under what
circumstances may a driver operate a
commercial motor vehicle (CMV) as a
personal conveyance?
Guidance: A driver may record time
operating a CMV for personal
conveyance (i.e., for personal use or
reasons) as off-duty only when the
driver is relieved from work and all
responsibility for performing work.
(a) Examples of appropriate uses of a
CMV while off-duty for personal
conveyance include, but are not limited
to:
1. Time spent traveling from a driver’s
en route lodging (such as a motel or
truck stop) to restaurants and
entertainment facilities and back to the
lodging.
2. Commuting from the last location
where on-duty activity occurred to the
driver’s permanent residence and back
to that last on-duty location. This would
include commuting between the driver’s
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
terminal and his or her residence,
between trailer-drop lots and the
driver’s residence, and between work
sites and his or her residence.
(b) Examples of uses of a CMV that
would not qualify as personal
conveyance include, but are not limited
to, the following:
1. The movement of a CMV to
enhance the operational readiness of a
motor carrier. For example, moving the
CMV closer to its next loading or
unloading point or other motor carrierscheduled destination, regardless of
other factors.
2. After delivering a towed unit, and
the towing unit no longer meets the
definition of a CMV, the driver returns
to the point of origin under the direction
of the motor carrier in order to pick up
another towed unit.
3. Continuation of a CMV trip in
interstate commerce, even after the
vehicle is unloaded. In this scenario, onduty time does not end until the driver
reaches a location designated or
authorized by the carrier for parking or
storage of the CMV, such as a permanent
residence, authorized lodging, or home
terminal.
4. Bobtailing or operating with an
empty trailer to retrieve another load.
5. Repositioning a CMV and or trailer
at the direction of the motor carrier.
The CMV may be used for personal
conveyance even if it is laden, since the
load is not being transported for the
commercial benefit of the carrier at that
time.
IV. Expiration Date of the Proposed
Regulatory Guidance
In accordance with section
5203(a)(2)(A) and (a)(3) of the Fixing
America’s Surface Transportation
(FAST) Act, Public Law 114–94, 129
Stat. 1312, 1535 (Dec. 4, 2015), the
proposed regulatory guidance would be
posted on FMCSA’s website,
www.fmcsa.dot.gov, if finalized. It
would be reviewed by the Agency no
later than December 19, 2022. The
Agency would consider at that time
whether the guidance should be
withdrawn, reissued for another period
up to five years, or incorporated into the
safety regulations.
V. Request for Comments
Refer to the ADDRESSES section above
for instructions on submitting
comments to the public docket
concerning this regulatory guidance.
The FMCSA will consider comments
received by the closing date of the
comment period to determine whether
any further clarification of these
regulatory provisions is necessary. In
addition to general comments
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Sfmt 4703
60271
concerning the guidance, the Agency is
seeking information on the following:
1. Which carriers or drivers would
take advantage of the additional
flexibilities proposed in this guidance?
2. Are there particular segments of the
industry that would take advantage of
this change more than others?
3. Are there some carriers or segments
of the industry that would prohibit their
drivers from driving laden vehicles for
personal conveyance?
4. For what reasons would a carrier
prohibit drivers from driving a laden
vehicle for personal conveyance?
5. What benefits would the new
flexibilities provide to carriers and
drivers?
Issued on: December 13, 2017.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2017–27315 Filed 12–18–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0057]
Canadian National Railway’s Request
for Positive Train Control Safety Plan
Approval and System Certification
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of availability and
request for comments.
AGENCY:
This document provides the
public with notice that Canadian
National Railway (CN) submitted to
FRA its Positive Train Control Safety
Plan (PTCSP) Version 1.6, dated October
30, 2017, on FRA’s Secure Information
Repository site on November 9, 2017.
CN asks FRA to approve its PTCSP and
issue a Positive Train Control System
Certification for CN’s Interoperable
Electronic Train Management System
(I–ETMS).
DATES: FRA will consider comments
received by January 18, 2018 before
taking final action on the PTCSP. FRA
may consider comments received after
that date if practicable.
ADDRESSES: All comments concerning
this proceeding should identify Docket
Number FRA–2010–0057, and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
SUMMARY:
E:\FR\FM\19DEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60269-60271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27315]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0108]
Hours of Service of Drivers of Commercial Motor Vehicles:
Proposed Regulatory Guidance Concerning the Use of a Commercial Motor
Vehicle for Personal Conveyance
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA is proposing to revise the regulatory guidance
concerning driving a commercial motor vehicle (CMV) for personal use
while off-duty, referred to as ``personal conveyance.'' This provision
is available to all CMV drivers required to record their hours of
service (HOS) who are permitted by their employer to use the vehicle
for personal use. The Agency requests public comments on the guidance
and its economic impact.
DATES: Comments are due by January 18, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2017-0108 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Docket Management Facility; 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: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
[[Page 60270]]
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgement page that appears after
submitting comments on-line.
Privacy Act: DOT solicits comments from the public to better inform
its guidance 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.
FOR FURTHER INFORMATION CONTACT: For information concerning this notice
contact Ms. LaTonya Mimms, Transportation Specialist, Enforcement
Division, FMCSA. Ms. Mimms may be reached at 202-366-0991 and by email
at [email protected]. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0108), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or 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 https://www.regulations.gov and
put the docket number, ``FMCSA-2017-0108'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``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 and may change this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
insert the docket number, ``FMCSA-2017-0108'' in the ``Keyword'' box
and click ``Search.'' Next, click ``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., ET, Monday through Friday, except Federal holidays.
II. Background
Currently, the Federal Motor Carrier Safety Regulations (FMCSRs)
require drivers to document their HOS on records of duty status (RODS),
identifying one of four duty status options: On-duty (non-driving),
driving, sleeper berth, and off-duty (49 CFR 395.8). As a result, when
personal conveyance in a CMV is authorized by the motor carrier,
drivers are required to document such use as off-duty on their RODS,
irrespective of the method used to record the driver's HOS (e.g., paper
logs, automatic on-board recording device, electronic logging devices
(ELDs), etc.)
The minimum performance and design standards for ELDs in the
Agency's final rule on ``Implementation of Electronic Logging Devices
and Hours of Service Supporting Documents'' (ELD rule) include the
automatic recording of data related to the off-duty movement of the
CMV. As part of the ELD rule, ELD manufacturers are required to include
a special driving category for personal conveyance. This may be used at
the motor carrier's discretion, based on their operations. In addition,
motor carriers may grant drivers authority to operate a CMV under
personal conveyance without preconfiguring the ELD with the personal
conveyance special driving category.
The existing guidance on personal conveyance (49 CFR 395.8,
Question 26) was issued by the Federal Highway Administration (FHWA),
FMCSA's predecessor agency, in a memorandum dated November 18, 1996,
and later published in a compilation of guidance (62 FR 16370, 16426,
April 4, 1997). The guidance reiterated the basic principle that a
driver in off-duty status must be relieved from work and all
responsibility for performing work. It highlighted the use of the CMV
as a personal conveyance in traveling to and from the place of
employment (e.g., the normal work reporting location). The 1997
guidance included discussion of CMVs used to travel ``short distances''
from a driver's en route lodgings to restaurants in the vicinity of
such lodgings. In addition, the 1997 guidance explicitly excluded the
use of laden vehicles as personal conveyance and the operation of the
CMV as personal conveyance by drivers who have been placed out of
service for HOS violations. The guidance has remained unchanged since
1997.
In issuing today's proposed revision to the guidance, the Agency
focuses on the reason the driver is operating a CMV while off duty,
without regard to whether the CMV is or is not laden. The previous
guidance, which required the CMV to be unladen, was written for
combination vehicles, where the driver could readily detach the trailer
and use the unladen tractor for personal conveyance. This
interpretation had the inadvertent effect of not allowing drivers of
single-unit work trucks that carry loads, as well as tools of trade and
related materials, on the power unit to document this off-duty time on
the RODS. In the absence of a trailer, these loads, tools, and other
equipment cannot reasonably be offloaded, left unattended, and reloaded
after the power unit has been used for personal conveyance. This
proposed revisision to the guidance eliminates the requirement that the
CMV be unladen and thus the disparate impact created by the previous
guidance.
FMCSA's regulatory guidance for the FMCSRs is currently available
on the Agency's website at https://www.fmcsa.dot.gov/regulations.
[[Page 60271]]
Question 26 under section 49 CFR 395.8 currently reads as follows:
Question 26: If a driver is permitted to use a Commercial Motor
Vehicle (CMV) for personal reasons, how must the driving time be
recorded?
Guidance: When a driver is relieved from work and all
responsibility for performing work, time spent traveling from a
driver's home to his/her terminal (normal work reporting location),
or from a driver's terminal to his/her home, may be considered off-
duty time. Similarly, time spent traveling short distances from a
driver's en route lodgings (such as en route terminals or motels) to
restaurants in the vicinity of such lodgings may be considered off-
duty time. The type of conveyance used from the terminal to the
driver's home, from the driver's home to the terminal, or to
restaurants in the vicinity of en route lodgings would not alter the
situation unless the vehicle is laden. A driver may not operate a
laden CMV as a personal conveyance. The driver who uses a motor
carrier's Commercial Motor Vehicle (CMV) for transportation home,
and is subsequently called by the employing carrier and is then
dispatched from home, would be on-duty from the time the driver
leaves home. A driver placed out of service for exceeding the
requirements of the hours of service regulations may not drive a
Commercial Motor Vehicle (CMV) to any location to obtain rest.
III. Proposed Guidance Language
FMCSA proposes to replace the above interpretation with the
following revised Question 26 and seeks comments on this guidance.
FMCSA also seeks public comments and information on other appropriate
uses of a CMV while off-duty for personal conveyance, as well as the
economic impacts of the proposal. FMCSA proposes to update the guidance
for Sec. 395.8 Driver's Record of Duty Status to read as follows:
Question 26: Under what circumstances may a driver operate a
commercial motor vehicle (CMV) as a personal conveyance?
Guidance: A driver may record time operating a CMV for personal
conveyance (i.e., for personal use or reasons) as off-duty only when
the driver is relieved from work and all responsibility for performing
work.
(a) Examples of appropriate uses of a CMV while off-duty for
personal conveyance include, but are not limited to:
1. Time spent traveling from a driver's en route lodging (such as a
motel or truck stop) to restaurants and entertainment facilities and
back to the lodging.
2. Commuting from the last location where on-duty activity occurred
to the driver's permanent residence and back to that last on-duty
location. This would include commuting between the driver's terminal
and his or her residence, between trailer-drop lots and the driver's
residence, and between work sites and his or her residence.
(b) Examples of uses of a CMV that would not qualify as personal
conveyance include, but are not limited to, the following:
1. The movement of a CMV to enhance the operational readiness of a
motor carrier. For example, moving the CMV closer to its next loading
or unloading point or other motor carrier-scheduled destination,
regardless of other factors.
2. After delivering a towed unit, and the towing unit no longer
meets the definition of a CMV, the driver returns to the point of
origin under the direction of the motor carrier in order to pick up
another towed unit.
3. Continuation of a CMV trip in interstate commerce, even after
the vehicle is unloaded. In this scenario, on-duty time does not end
until the driver reaches a location designated or authorized by the
carrier for parking or storage of the CMV, such as a permanent
residence, authorized lodging, or home terminal.
4. Bobtailing or operating with an empty trailer to retrieve
another load.
5. Repositioning a CMV and or trailer at the direction of the motor
carrier.
The CMV may be used for personal conveyance even if it is laden,
since the load is not being transported for the commercial benefit of
the carrier at that time.
IV. Expiration Date of the Proposed Regulatory Guidance
In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing
America's Surface Transportation (FAST) Act, Public Law 114-94, 129
Stat. 1312, 1535 (Dec. 4, 2015), the proposed regulatory guidance would
be posted on FMCSA's website, www.fmcsa.dot.gov, if finalized. It would
be reviewed by the Agency no later than December 19, 2022. The Agency
would consider at that time whether the guidance should be withdrawn,
reissued for another period up to five years, or incorporated into the
safety regulations.
V. Request for Comments
Refer to the ADDRESSES section above for instructions on submitting
comments to the public docket concerning this regulatory guidance. The
FMCSA will consider comments received by the closing date of the
comment period to determine whether any further clarification of these
regulatory provisions is necessary. In addition to general comments
concerning the guidance, the Agency is seeking information on the
following:
1. Which carriers or drivers would take advantage of the additional
flexibilities proposed in this guidance?
2. Are there particular segments of the industry that would take
advantage of this change more than others?
3. Are there some carriers or segments of the industry that would
prohibit their drivers from driving laden vehicles for personal
conveyance?
4. For what reasons would a carrier prohibit drivers from driving a
laden vehicle for personal conveyance?
5. What benefits would the new flexibilities provide to carriers
and drivers?
Issued on: December 13, 2017.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2017-27315 Filed 12-18-17; 8:45 am]
BILLING CODE 4910-EX-P
