Hours of Service, 48787-48788 [2018-21087]

Download as PDF daltland on DSKBBV9HB2PROD with PROPOSALS Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules consistent with constitutional due process requirements, e.g., by providing an appropriate opportunity for postdeprivation review. FMCSA invites comments responsive to this issue, including documented incidence of actual nonpayment that occurred after problem brokers or freight forwarder were not ‘‘immediately’’ suspended. 6. FMCSA seeks comment on the appropriate cushion time for brokers or freight forwarders to respond to claims made to the guarantors, valid or otherwise. Such a grace period would seem to give firms adequate time to adjudicate claims and settlements internally, as well as price in the costs associated with any claims relating to contract noncompliance. 7. The Agency seeks comments on the how ‘‘financial failure or insolvency’’ and ‘‘publicly advertise’’ should be defined under MAP–21 Section 32918. 8. The Agency seeks input on the development of surety suspension procedures authorized pursuant to 49 U.S.C. 13906(b)(7) and (c)(8). 9. The Agency requests comments regarding whether FMCSA should require BMC–85 trust fund providers to be licensed as trust providers and how 49 CFR 387.307(c)(7) (loan or finance company) could be amended to ensure that adequate monitoring of BMC–85 providers’ ability to pay claims is taking place. 10. The Agency anticipates the need for revisions to the BMC–84 and BMC– 85 forms if rulemaking is proposed. FMCSA requests comments to identify suggested changes to the forms. 11. FMCSA seeks information on whether HHG brokers and freight forwarders should be regulated differently than general property brokers and freight forwarders in a rulemaking on broker/freight forwarder financial responsibility. 12. FMCSA solicits comments to help determine whether there is a unique market structure in the HHG broker market that might suggest the need for additional fraud protections for shippers utilizing HHG brokers. 13. FMCSA seeks information on the prevailing payment models and payment flows among HHG shippers, motor carriers and brokers. 14. While noting the MAP–21 requirements, FMCSA is seeking comment on whether the market is capable of addressing these issues. For example, if a broker/freight forwarder has a history of noncompliance with contracts, would surety/trust firms be less likely to back them or charge a higher premium/trust management fee? Is there a market failure that is VerDate Sep<11>2014 16:28 Sep 26, 2018 Jkt 244001 preventing these transactions from taking place efficiently? 15. FMCSA specifically seeks comment on how the Agency should analyze various requirements for a possible NPRM to meet the requirements of E.O. 12866 and 13771, and how the Agency could limit possible burdens on regulated entities. 16. FMCSA requests comments on any other aspects of implementing section 32918 that may be necessary and how these areas could be implemented in a way that would not divert scarce safety oversight resources. 17. FMCSA requests comment on the small business impacts of its suggested courses of action in this ANPRM. Issued under the authority of delegation in 49 CFR 1.87: September 21, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018–21052 Filed 9–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA–2018–0248] RIN 2126–AC19 Hours of Service Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of public listening sessions. AGENCY: The FMCSA announces two additional public listening sessions on potential changes to its hours-of-service (HOS) rules for truck drivers. On August 23, 2018, FMCSA published an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on four specific aspects of the HOS rules for which the Agency is considering changes: The short-haul HOS limit; the HOS exception for adverse driving conditions; the 30-minute rest break provision; and the sleeper berth rule to allow drivers to split their required time in the sleeper berth. In addition, the Agency requested public comment on petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and TruckerNation.org (TruckerNation). The Agency encourages vendors of electronic logging devices (ELDs) to participate to address potential implementation issues should changes to the HOS rules be made. The listening sessions will be held in Orlando, FL, SUMMARY: PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 48787 and in Joplin, MO, and will be webcast for the benefit of those not able to attend in person. The listening sessions will allow interested persons to present comments, views, and relevant research on topics mentioned above. All comments will be transcribed and placed in the rulemaking docket for the FMCSA’s consideration. DATES: The listening sessions will be September 28, 2018, in Joplin, MO, from 3:30–5 p.m., CDT, and on October 2, 2018, in Orlando, FL, from 9:30–11:30 a.m., EDT. The sessions will end earlier if all participants wishing to express their views have done so. ADDRESSES: The September 28, 2018, session will be held at 4 State Trucks, 4579 MO–43, Joplin, MO 64804. The October 2, 2018, session will be held at MetroPlan Orlando, 250 S Orange Ave., Suite 200, Orlando, FL 32801. You may submit comments identified by Docket Number FMCSA–2018–0248 using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online 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., Monday through Friday, except Federal holidays. • Fax: 202–493–2251. • Submissions Containing Confidential Business Information (CBI): Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey Avenue SE, Washington, DC 20590. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments, including collection of information comments for the Office of Information and Regulatory Affairs, OMB. FOR FURTHER INFORMATION CONTACT: For special accommodations for the HOS listening sessions, such as sign language interpretation, contact Ms. Shannon L. Watson, Senior Advisor to the Associate Administrator for Policy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 385–2395 or shannon.watson@dot.gov, two weeks in advance of each session to allow us to arrange for such services. For information on the listening sessions, E:\FR\FM\27SEP1.SGM 27SEP1 48788 Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules please contact Ms. Watson. For information concerning the HOS rules, contact Mr. Tom Yager, Chief, Driver and Carrier Operations Division, (202) 366–4325, mcpsd@dot.gov. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments daltland on DSKBBV9HB2PROD with PROPOSALS A. Submitting Comments If you submit a comment, please include the docket number for this ANPRM (Docket No. FMCSA–2018– 0248), indicate the specific section of this document to which each section 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 that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, put the docket number, FMCSA–2018–0248, 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 on 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 for the ANPRM. Late comments will be considered to the extent practicable. Confidential Business Information Confidential Business Information (CBI) is commercial or financial information that is customarily not made available to the public by the submitter. Under the Freedom of Information Act, CBI is eligible for protection from public disclosure. If you have CBI that is relevant or responsive to the ANPRM and associated listening sessions, it is important that you clearly designate the submitted comments as CBI. Accordingly, please mark each page of your submission as ‘‘confidential’’ or ‘‘CBI.’’ Submissions VerDate Sep<11>2014 16:28 Sep 26, 2018 Jkt 244001 designated as CBI and meeting the definition noted above will not be placed in the public docket for the ANPRM and associated listening sessions. Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey Avenue SE, Washington, DC 20590, or via email at brian.dahlin@dot.gov. Any commentary that FMCSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. FMCSA will consider all comments and material received during the comment period for the ANPRM. B. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2018–0248, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document 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. C. 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. II. Background On August 23, 2018 (83 FR 42631), FMCSA published an ANPRM concerning potential changes to its hours-of-service rules. The ANPRM indicated the Agency is considering changes in four areas of the HOS rules: the short-haul HOS limit [49 CFR 395.1(e)(1)(ii)(A)]; the HOS exception for adverse driving conditions [§ 395.1(b)(1)]; the 30-minute rest break provision [§ 395.3(a)(3)(ii)]; and the sleeper berth rule to allow drivers to split their required time in the sleeper berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In addition, the Agency requested public comment on petitions for rulemaking from the Owner-Operator Independent Drivers Association (OOIDA) and TruckerNation.org (TruckerNation). The PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 ANPRM provides an opportunity for additional discussion of each of these topics. The listening sessions will provide interested persons an opportunity to share their views on these topics with representatives of the Agency. The Agency encourages ELD vendors to participate to address potential implementation issues should changes to the HOS rules be made. III. Meeting Participation The listening sessions are open to the public. Speakers’ remarks will be limited to 2 minutes each. The public may submit material to the FMCSA staff at each session for inclusion in the public docket, FMCSA–2018–0248. The sessions will be webcast live in their entirety, providing the opportunity for remote participation via the internet. For information on participating in the live webcasts, please go to www.fmcsa.dot.gov. IV. Questions for Discussion During the Listening Sessions In preparing their comments, meeting participants should consider the questions posed in the ANPRM about the current HOS requirements. Answers to these questions should be based upon the experience of the participants and any data or information they can share with FMCSA. Issued on: September 24, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018–21087 Filed 9–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 180720681–8681–01] RIN 0648–BI38 Snapper-Grouper Fishery of the South Atlantic Region; Management Measures To End Overfishing of Golden Tilefish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to implement management measures described in Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South SUMMARY: E:\FR\FM\27SEP1.SGM 27SEP1

Agencies

[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48787-48788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21087]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2018-0248]
RIN 2126-AC19


Hours of Service

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

ACTION: Notice of public listening sessions.

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

SUMMARY: The FMCSA announces two additional public listening sessions 
on potential changes to its hours-of-service (HOS) rules for truck 
drivers. On August 23, 2018, FMCSA published an Advance Notice of 
Proposed Rulemaking (ANPRM) seeking public comment on four specific 
aspects of the HOS rules for which the Agency is considering changes: 
The short-haul HOS limit; the HOS exception for adverse driving 
conditions; the 30-minute rest break provision; and the sleeper berth 
rule to allow drivers to split their required time in the sleeper 
berth. In addition, the Agency requested public comment on petitions 
for rulemaking from the Owner-Operator Independent Drivers Association 
(OOIDA) and TruckerNation.org (TruckerNation). The Agency encourages 
vendors of electronic logging devices (ELDs) to participate to address 
potential implementation issues should changes to the HOS rules be 
made. The listening sessions will be held in Orlando, FL, and in 
Joplin, MO, and will be webcast for the benefit of those not able to 
attend in person. The listening sessions will allow interested persons 
to present comments, views, and relevant research on topics mentioned 
above. All comments will be transcribed and placed in the rulemaking 
docket for the FMCSA's consideration.

DATES: The listening sessions will be September 28, 2018, in Joplin, 
MO, from 3:30-5 p.m., CDT, and on October 2, 2018, in Orlando, FL, from 
9:30-11:30 a.m., EDT. The sessions will end earlier if all participants 
wishing to express their views have done so.

ADDRESSES: The September 28, 2018, session will be held at 4 State 
Trucks, 4579 MO-43, Joplin, MO 64804. The October 2, 2018, session will 
be held at MetroPlan Orlando, 250 S Orange Ave., Suite 200, Orlando, FL 
32801.
    You may submit comments identified by Docket Number FMCSA-2018-0248 
using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online 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., Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
     Submissions Containing Confidential Business Information 
(CBI): Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: For special accommodations for the HOS 
listening sessions, such as sign language interpretation, contact Ms. 
Shannon L. Watson, Senior Advisor to the Associate Administrator for 
Policy, Federal Motor Carrier Safety Administration, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at 
(202) 385-2395 or [email protected], two weeks in advance of each 
session to allow us to arrange for such services. For information on 
the listening sessions,

[[Page 48788]]

please contact Ms. Watson. For information concerning the HOS rules, 
contact Mr. Tom Yager, Chief, Driver and Carrier Operations Division, 
(202) 366-4325, [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
ANPRM (Docket No. FMCSA-2018-0248), indicate the specific section of 
this document to which each section 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 that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2018-0248, 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 on 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 for the ANPRM. Late comments will be considered to the 
extent practicable.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the public by the 
submitter. Under the Freedom of Information Act, CBI is eligible for 
protection from public disclosure. If you have CBI that is relevant or 
responsive to the ANPRM and associated listening sessions, it is 
important that you clearly designate the submitted comments as CBI. 
Accordingly, please mark each page of your submission as 
``confidential'' or ``CBI.'' Submissions designated as CBI and meeting 
the definition noted above will not be placed in the public docket for 
the ANPRM and associated listening sessions. Submissions containing CBI 
should be sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation 
Division, 1200 New Jersey Avenue SE, Washington, DC 20590, or via email 
at [email protected]. Any commentary that FMCSA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.
    FMCSA will consider all comments and material received during the 
comment period for the ANPRM.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2018-0248, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document 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.

C. 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.

II. Background

    On August 23, 2018 (83 FR 42631), FMCSA published an ANPRM 
concerning potential changes to its hours-of-service rules. The ANPRM 
indicated the Agency is considering changes in four areas of the HOS 
rules: the short-haul HOS limit [49 CFR 395.1(e)(1)(ii)(A)]; the HOS 
exception for adverse driving conditions [Sec.  395.1(b)(1)]; the 30-
minute rest break provision [Sec.  395.3(a)(3)(ii)]; and the sleeper 
berth rule to allow drivers to split their required time in the sleeper 
berth [Sec.  395.1(g)(1)(i)(A) and (ii)(A)]. In addition, the Agency 
requested public comment on petitions for rulemaking from the Owner-
Operator Independent Drivers Association (OOIDA) and TruckerNation.org 
(TruckerNation). The ANPRM provides an opportunity for additional 
discussion of each of these topics. The listening sessions will provide 
interested persons an opportunity to share their views on these topics 
with representatives of the Agency. The Agency encourages ELD vendors 
to participate to address potential implementation issues should 
changes to the HOS rules be made.

III. Meeting Participation

    The listening sessions are open to the public. Speakers' remarks 
will be limited to 2 minutes each. The public may submit material to 
the FMCSA staff at each session for inclusion in the public docket, 
FMCSA-2018-0248. The sessions will be webcast live in their entirety, 
providing the opportunity for remote participation via the internet. 
For information on participating in the live webcasts, please go to 
www.fmcsa.dot.gov.

IV. Questions for Discussion During the Listening Sessions

    In preparing their comments, meeting participants should consider 
the questions posed in the ANPRM about the current HOS requirements. 
Answers to these questions should be based upon the experience of the 
participants and any data or information they can share with FMCSA.

    Issued on: September 24, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-21087 Filed 9-26-18; 8:45 am]
BILLING CODE 4910-EX-P
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