Hours of Service of Drivers-Restart Provisions, 48077-48081 [2019-19648]

Download as PDF Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Rules and Regulations information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be * * * * * publicly available only in hard copy Nut, tree, group 14–12 ......... 0.01 form. Publicly available docket materials are available either * * * * * electronically through http:// Tropical and subtropical, www.regulations.gov or in hard copy at small fruit, edible peel, subgroup 23A .................... 0.01 the site information repositories. Vegetable, tuberous and Locations, contacts, phone numbers and corm, subgroup 1C ........... 0.02 viewing hours are: EPA Region 7 Records Center, 11201 * * * * * Renner Boulevard, Lenexa, Kansas 66219, between 8 a.m. to 4 p.m. Monday * * * * * through Friday, excluding Federal [FR Doc. 2019–19662 Filed 9–11–19; 8:45 am] holidays; and the Cedar Rapids BILLING CODE 6560–50–P Downtown Public Library, located at 450 Fifth Avenue SE, Cedar Rapids, Iowa 52401, between 9 a.m. to 8 p.m. ENVIRONMENTAL PROTECTION Monday through Thursday, between 9 AGENCY a.m. to 5 a.m. Friday and Saturday, and between 1 p.m. to 5 p.m. on Sunday. 40 CFR Part 300 FOR FURTHER INFORMATION CONTACT: [EPA–HQ–SFUND–1989–0011; FRL–9999– Amer Safadi, Remedial Project Manager, 01–Region 7] U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, National Oil and Hazardous Lenexa, Kansas 66219. Phone: (913) Substances Pollution Contingency 551–7825. Email: safadi.amer@epa.gov. Plan; National Priorities List: Deletion of the Electro-Coatings, Inc. Superfund SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: ElectroSite Coatings, Inc., Cedar Rapids, Iowa. A AGENCY: Environmental Protection Notice of Intent to Delete for this Site Agency (EPA). was published in the Federal Register ACTION: Final rule. (84 FR 33046) on July 11, 2019. The closing date for comments on the SUMMARY: The Environmental Protection Notice of Intent to Delete was August Agency (EPA) Region 7 announces the 12, 2019. One public comment was deletion of the Electro-Coatings, Inc. received. The comment indicated that Superfund Site (Site) located at 911 the EPA should report to the public the Shaver, Cedar Rapids, Iowa, from the activities conducted to cleanup the Site National Priorities List (NPL). The NPL, and what will continue to be conducted promulgated pursuant to section 105 of to protect the public health and the the Comprehensive Environmental environment, including reporting costs Response, Compensation, and Liability incurred and estimates of future costs. Act (CERCLA) of 1980, as amended, is The EPA’s response is that included in an appendix of the National Oil and the docket were reports of the activities Hazardous Substances Pollution conducted at the Site including, the Contingency Plan (NCP). The EPA and NOID, the FCOR, the latest Five-year the State of Iowa, through the Iowa review, and others. The docket also Department of Natural Resources, have included the Remedial Action report, determined that all appropriate which included the requested available response actions under CERCLA have costs. The EPA believes the deletion been completed. However, this deletion action has been conducted in does not preclude future actions under accordance with CERCLA and the NCP, Superfund. therefore the deletion of the Site from DATES: This action is effective the NPL is appropriate. A September 12, 2019. responsiveness summary was prepared ADDRESSES: and placed in both the docket, EPA– Docket: The EPA has established a HQ–SFUND–1989–0011, on docket for this action under Docket www.regulations.gov, and in the local Identification No. EPA–HQ–SFUND– repositories listed above. 1989–0011. All documents in the docket The EPA maintains the NPL as the list are listed on the http:// of sites that appear to present a www.regulations.gov website. Although significant risk to public health, welfare, listed in the index, some information is or the environment. Deletion from the not publicly available, i.e., Confidential NPL does not preclude further remedial Business Information or other action. Whenever there is a significant jbell on DSK3GLQ082PROD with RULES Commodity VerDate Sep<11>2014 16:26 Sep 11, 2019 Parts per million Jkt 247001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 48077 release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: September 3, 2019. James Gulliford, Regional Administrator, Region 7. For reasons set out in the preamble, 40 CFR part 300 is amended as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: ■ Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Appendix B to Part 300—National Priorities List 2. Table 1 of Appendix B to part 300 is amended by removing the entry ‘‘IA, Electro-Coatings, Inc., Cedar Rapids’’. ■ [FR Doc. 2019–19654 Filed 9–11–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA–2004–19608] RIN 2126–AC30 Hours of Service of Drivers—Restart Provisions Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA amends its hours-ofservice (HOS) requirements applicable to drivers of property-carrying commercial motor vehicles (CMVs) to remove provisions requiring that a 34hour restart include two periods between 1 a.m. and 5 a.m. and limiting use of a restart to once every 168 SUMMARY: E:\FR\FM\12SER1.SGM 12SER1 48078 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Rules and Regulations hours—provisions that were promulgated in December 2011. In a series of Appropriations Acts, Congress suspended these provisions, pending completion of a naturalistic study comparing the effects of the restart provisions in effect under the 2011 rule versus provisions in effect prior to the 2011 rule’s compliance date. The 2017 naturalistic study found no statistically significant benefits from the restart rule. Pursuant to a 2017 Appropriations Act, the 2011 restart rules are therefore void by operation of law. Although not in effect, the provisions remain in the Code of Federal Regulations (CFR), which could cause confusion for some stakeholders. This final rule is effective September 12, 2019. DATES: Mr. Richard Clemente, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, by telephone at (202) 366– 4325, or email at MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows: FOR FURTHER INFORMATION CONTACT: I. Abbreviations and Acronyms II. Legal Basis for the Rulemaking III. Background IV. International Impacts V. Section-by-Section Analysis VI. Regulatory Analyses A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs) C. Congressional Review Act D. Regulatory Flexibility Act E. Assistance for Small Entities F. Unfunded Mandates Reform Act of 1995 G. Paperwork Reduction Act H. E.O. 13132 (Federalism) I. E.O. 12988 (Civil Justice Reform) J. E.O. 13045 (Protection of Children) K. E.O. 12630 (Taking of Private Property) L. Privacy M. E.O. 12372 (Intergovernmental Review) N. E.O. 13211 (Energy Supply, Distribution, or Use) O. E.O. 13783 (Promoting Energy Independence and Economic Growth) P. E.O. 13175 (Indian Tribal Governments) Q. National Technology Transfer and Advancement Act (Technical Standards) R. Environment (NEPA) S. Fixing America’s Surface Transportation Act (FAST Act) jbell on DSK3GLQ082PROD with RULES I. Abbreviations and Acronyms APA Administrative Procedure Act CFR Code of Federal Regulations CMV Commercial motor vehicle DOT Department of Transportation E.O. Executive Order FMCSA Federal Motor Carrier Safety Administration VerDate Sep<11>2014 16:26 Sep 11, 2019 Jkt 247001 FMCSRs Federal Motor Carrier Safety Regulations FR Federal Register HOS Hours of service NEPA National Environmental Policy Act OMB Office of Management and Budget § Section U.S.C. United States Code II. Legal Basis for the Rulemaking This rulemaking is based on authority derived from the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act), as well as a series of appropriations acts that ultimately invalidated certain HOS provisions. The 1935 Act, as amended, provides that ‘‘The Secretary of Transportation may prescribe requirements for—(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation’’ (49 U.S.C. 31502(b)(1), (2)). The HOS regulations concern the ‘‘maximum hours of service of employees’’ of both motor carriers and motor private carriers, as authorized by the 1935 Act. The 1984 Act, as amended, provides broad concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary of Transportation to ‘‘prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles.’’ (49 U.S.C. 31136(a)). The 1984 Act also requires that: ‘‘At a minimum, the regulations shall ensure that—(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely. . .; (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and (5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section . . .’’ (49 U.S.C. 31136(a)(1)– (5)). This final rule is a non-discretionary ministerial act to conform certain sections of the Agency’s HOS rules governing the restart of a driver’s 60- or 70-hour limit to a prior version of those PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 limits restored by operation of law, as discussed below. Thus, there is no practical impact in any area identified under 49 U.S.C. 31136(a). In 2014, Congress suspended two provisions of the 2011 restart rule (the requirement for 2 off-duty periods from 1:00 to 5:00 a.m. and the limitation of the restart to once a week) and prohibited the use of appropriated funds to enforce them unless and until a naturalistic study required by the statute, and described in detail, found that the 2011 restart rule provided greater net operational, safety, health and fatigue benefits than the pre-2011 restart rule. In the meantime, the pre2011 restart rule was restored to full effect (Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113–235, Div. K, Title I, sec. 133, 128 Stat. 2130, 2711–2713 (Dec. 16, 2014)). The statute required both the Secretary of Transportation (whose authority in this area has been delegated to FMCSA) and the Inspector General (IG) to review and report to Congress the results of the study. Congress then extended the suspension and funding prohibition through fiscal year 2016 (Consolidated Appropriations Act, 2016, Pub. L. 114–113, Div. L, Title I, sec. 133, 129 Stat. 2242, 2850 (Dec. 18, 2015)). This Act also expanded the factors that would need to be evaluated, requiring FMCSA and the IG to determine whether the naturalistic study showed that drivers operating under the 2011 restart rule achieved ‘‘statistically significant improvement in all outcomes related to safety, operator fatigue, driver health and longevity, and work schedules, in comparison to commercial motor vehicle drivers who operated under’’ the pre-2011 restart rule. Id. This provision then was further amended to make clear that, if the study did not demonstrate such statistically significant improvements, ‘‘the 34-hour restart rule in operational effect on June 30, 2013 [i.e., the pre-2011 rule] shall be restored to full force and effect on the date that the Secretary submits the final report to the Committees on Appropriations of the House of Representatives and the Senate, and funds appropriated or otherwise made available by this Act or any other Act shall be available to implement, administer, or enforce the rule’’ (Further Continuing and Security Assistance Appropriations Act, 2017, Pub. L. 114– 254, Div. A, sec. 180, 130 Stat. 1005, 1016–1017 (Dec. 10, 2016)). In January 2017, the final report required by the 2015 Appropriations Act was submitted for review to the IG, as required by statute. After reviewing the IG’s findings, FMCSA’s Deputy E:\FR\FM\12SER1.SGM 12SER1 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Rules and Regulations Administrator reported to the Senate and House Appropriations Committees that drivers using the 2011 restart rule experienced safety outcomes not significantly different from those using the pre-2011 restart rule.1 On March 2, 2017, the IG confirmed this conclusion to Congress. Because the 2011 restart rule generated no statistically significant improvements in safety, it became void by operation of law and the pre-2011 restart rule was restored to full force and effect. Today’s rule adopts the pre-2011 version of 49 CFR 395.3(c), conforming the language of the regulation to the statutory requirement.2 The Administrative Procedure Act (APA) specifically provides exceptions to its notice and comment rulemaking procedures when an agency finds there is good cause to dispense with them and incorporates ‘‘the finding and a brief statement of reasons therefor in the rules issued.’’ (5 U.S.C. 553(b)(B)). Generally, good cause exists when an agency determines that notice and public comment procedures are impractical, unnecessary, or contrary to the public interest (id.). Here, FMCSA finds that it is unnecessary to provide notice and public comment procedures because, as explained above, this final rule is a non-discretionary ministerial act to implement a statutory requirement. Therefore, in accordance with the APA, good cause exists for not providing notice and comment rulemaking procedures on this final rule. Additionally, the APA allows agencies to make rules effective immediately with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication at least 30 days prior to the effective date. For the reasons given above, FMCSA finds good cause to make this rule effective immediately. jbell on DSK3GLQ082PROD with RULES III. Background Among the provisions included as part of the 2011 HOS rule were restrictions on the use of the 34-hour restart provision, limiting its use to once every 168 hours and requiring that a restart include two periods between the hours of 1 a.m. and 5 a.m. These restrictions proved problematic for many drivers and carriers, adversely 1 Commercial Motor Vehicle Driver Restart Study Report to Congress; Pursuant to Section 133 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113–235), March 2017, See https://www.fmcsa.dot.gov/mission/ policy/commercial-motor-vehicle-driver-restartstudy-report-congress. A copy has been placed in the docket. 2 Because the study failed to establish a statistically significant improvement in the initial factors required by Congress, evaluation of the additional factors added by Congress became moot. VerDate Sep<11>2014 16:26 Sep 11, 2019 Jkt 247001 affecting their operations and generating significant controversy. As noted above, Congress suspended these restrictions, subject to a study of the effectiveness of the new rule. Specifically, Congress required the Secretary to initiate a ‘‘naturalistic study of the operational, safety, health and fatigue impacts of the restart provisions’’; the law addressed the methodology of the study in detail and made clear that the 2011 HOS restart provisions would have no effect unless the study showed that those provisions had a greater net benefit compared to the pre-2011 HOS restart rule.3 Subsequent legislation made clear that the study would need to show a statistically significant improvement in multiple factors enumerated in the legislation. The effectiveness study 4 and the March 2017 report to Congress 5 confirmed the finding that no statistically significant benefits accrued from the 2011 HOS restart rule. See discussion under II Legal Basis for this Rulemaking, above. Thus, the limitation on use of the restart option to once every 168 hours and the requirement that a restart include the two periods from 1 a.m. to 5 a.m. are no longer in effect; however, the fact that they still appear in the Code of Federal Regulations (CFR) causes confusion for stakeholders. Today’s rule makes technical amendments to § 395.3, removing the two phrases in paragraph (c)(1) and (2) relating to the 1 a.m. to 5 a.m. requirement and removing paragraph (d) relating to the 168-hour limitation, consistent with the HOS rules concerning the 34-hour restart option currently in effect. Because the changes in this rule are ministerial, they will have no adverse effect on safety. IV. International Impacts The FMCSRs, and any exceptions to the FMCSRs, apply only within the 3 Shortly after the initial suspension, FMCSA issued a notice of the suspension of enforcement of these restrictions and announced that the restart provisions in place on June 30, 2013 (the day before the applicable compliance date under the 2011 rule), would govern (79 FR 76241 (December 22, 2014)). Today’s rule would align the applicable provisions in 49 CFR 395.3 with the provisions in effect at that time, consistent with the governing legislation. After reviewing the IG’s findings, FMCSA’s Deputy Administrator reported to the Senate and House Appropriations Committees that drivers using the 2011 restart rule did not experience a ‘‘greater net benefit’’ in safety outcomes compared to those using the pre-2011 restart rule. 4 Dinges, et al., Commercial Motor Vehicle (CMV) Driver Restart Study: Final Report, FMCSA–RRR– 15–011, Dec. 2015, See https://www.fmcsa.dot.gov/ safety/research-and-analysis/cmv-driver-restartstudy-final-report. A copy has been placed in the docket. 5 See footnote 1, above. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 48079 United States (and, in some cases, United States territories). Motor carriers and drivers are subject to the laws and regulations of the countries in which they operate, unless an international agreement states otherwise. Drivers and carriers should be aware of the regulatory differences among nations. V. Section-by-Section Analysis Section 395.3 Maximum Driving Time for Property-Carrying Vehicles This action removes from § 395.3(c) both instances of the phrase ‘‘that includes two periods from 1 a.m. to 5 a.m.’’ and restores the rule text of paragraph (c) to the Oct. 1, 2011, text. The change is ministerial and technical only and has no legal effect. In addition, paragraph (d) is removed completely. It currently provides that ‘‘a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such offduty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.’’ The change also is ministerial and technical only and has no legal effect. VI. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures FMCSA performed an analysis of the impacts of this final rule and determined it is not a significant regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, October 4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), Improving Regulation and Regulatory Review. Accordingly, the Office of Management and Budget (OMB) has not reviewed it under these Orders. It is also not significant within the meaning of DOT regulatory policies and procedures (DOT Order 2100.6 dated Dec. 20, 2018). This rule conforms 49 CFR 395.3 to statutory requirements and current practice by removing provisions that are not in effect, thus, not enforced, and does not result in costs or benefits to any regulated entity. E:\FR\FM\12SER1.SGM 12SER1 48080 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Rules and Regulations B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs) This rule has been designated as a deregulatory action under Executive Order (E.O.) 13771 by the Office of Information and Regulatory Affairs because it updates obsolete regulatory text. C. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.), the Office of Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). D. Regulatory Flexibility Act Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601–612), FMCSA is not required to complete a regulatory flexibility analysis because, as discussed earlier in the Legal Basis for the Rulemaking section, this action is not subject to notice and public comment under section 553(b) of the APA. jbell on DSK3GLQ082PROD with RULES E. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act, FMCSA wants to assist small entities in understanding this rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Richard Clemente, listed in the FOR FURTHER INFORMATION CONTACT section of this rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration’s Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1–888–REG– FAIR (1–888–734–3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. F. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In VerDate Sep<11>2014 16:26 Sep 11, 2019 Jkt 247001 particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector, of $165 million (which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2018 levels) or more in any 1 year. Because this rule will not result in such an expenditure, a written statement is not required. G. Paperwork Reduction Act This rule does not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Nor does this rule modify the existing approved collection of information (OMB Control Number 2126–0001, HOS of Drivers Regulations, approved Jun. 13, 2016, through Jun. 30, 2019). H. E.O. 13132 (Federalism) A rule has implications for federalism under section 1(a) of E.O. 13132 if it has ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA determined that this rule does not have substantial direct costs on or for States, nor does it limit the policymaking discretion of States. Nothing in this rule preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. I. E.O. 12988 (Civil Justice Reform) This rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. J. E.O. 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. The Agency determined this rule is not economically significant and does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 K. E.O. 12630 (Taking of Private Property) FMCSA reviewed this rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it does not effect a taking of private property or otherwise have taking implications. L. Privacy Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108–447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a), requires the Agency to conduct a Privacy Impact Assessment of a regulation that will affect the privacy of individuals. The assessment considers impacts of the rule on the privacy of information in an identifiable form and related matters. The FMCSA Privacy Officer has evaluated the risks and effects the rulemaking might have on collecting, storing, and sharing personally identifiable information and has evaluated protections and alternative information handling processes in developing the rule to mitigate potential privacy risks. FMCSA determined that this rule does not require the collection of individual personally identifiable information. The DOT Privacy Office has determined that this rulemaking does not create privacy risk. The E-Government Act of 2002, Public Law 107–347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a Privacy Impact Assessment for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology will collect, maintain, or disseminate information because of this rule. M. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. N. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ likely to have a significant adverse effect on the supply, E:\FR\FM\12SER1.SGM 12SER1 Federal Register / Vol. 84, No. 177 / Thursday, September 12, 2019 / Rules and Regulations distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. O. E.O. 13783 (Promoting Energy Independence and Economic Growth) E.O. 13783 directs executive departments and agencies to review existing regulations that potentially burden the development or use of domestically produced energy resources, and to appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources. In accordance with E.O. 13783, DOT prepared and submitted a report to the Director of OMB that provides specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency action that burden domestic energy production. This rule has not been identified by DOT under E.O. 13783 as potentially alleviating unnecessary burdens on domestic energy production. jbell on DSK3GLQ082PROD with RULES P. E.O. 13175 (Indian Tribal Governments) This rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Q. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (note following 15 U.S.C. 272) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards will be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, FMCSA did not consider the use of voluntary consensus standards. R. Environment (NEPA) FMCSA analyzed this rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et VerDate Sep<11>2014 16:26 Sep 11, 2019 Jkt 247001 seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, Mar. 1, 2004), Appendix 2, paragraph 6.b. This Categorical Exclusion addresses minor corrections such as those found in this rulemaking; therefore, preparation of an environmental assessment or environmental impact statement is not necessary. The Categorical Exclusion determination is available for inspection or copying in docket FMCSA–2004–19608. S. Fixing America’s Surface Transportation Act (FAST Act) Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance notice of proposed rulemaking, unless the Agency finds good cause that an ANPRM is impracticable, unnecessary, or contrary to the public interest, or conduct a negotiated rulemaking when it engages in certain rulemakings. These requirements pertain to a proposed rulemaking likely to result in a ‘‘major rule.’’ 6 Because this rulemaking does not involve issuance of a proposed rule, and today’s final rule is not a ‘‘major rule,’’ these requirements are not applicable. List of Subjects for 49 CFR Part 395 Highway safety, Motor carriers, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends 49 CFR part 395 to read as follows. PART 395—HOURS OF SERVICE OF DRIVERS 1. The authority citation for part 395 continues to read as follows: ■ Authority: 49 U.S.C. 504, 31133, 31136, 31137, 31502; sec. 113, Pub. L. 103–311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106–159 (as added and transferred by sec. 4115 and amended by secs. 4130–4132, Pub. L. 109–59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. L. 109–59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110–432, 122 Stat. 4860–4866; sec. 32934, Pub. L. 112–141, 126 Stat. 405, 830; sec. 5206(b), Pub. L. 114–94, 129 Stat. 1312, 1537; and 49 CFR 1.87. 2. In § 395.3, revise paragraph (c) and remove paragraph (d) to read as follows: ■ 6 In enacting this provision, Congress did not define ‘‘major rule.’’ See section 5202 of the FAST Act, Public Law 114–94, 129 Stat. 1312, 1534–1535 (December 4, 2015). However, Congress used the term in enacting another statute addressing Agency rulemaking, popularly referred to as the Congressional Review Act, which includes a definition of the term ‘‘major rule.’’ See 5 U.S.C. 804(2). The Agency relies on this definition in evaluating the application of 49 U.S.C. 31136(g). PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 48081 § 395.3 Maximum driving time for property-carrying vehicles. * * * * * (c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. (2) Any period of 8 consecutive days may end with the beginning of an offduty period of 34 or more consecutive hours. Issued under authority delegated in 49 CFR 1.87. Dated: September 5, 2019. Raymond P. Martinez, Administrator. [FR Doc. 2019–19648 Filed 9–11–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180209147–8509–02] RIN 0648–XX010 Fisheries of the Northeastern United States; Small-Mesh Multispecies Fishery; Inseason Adjustment to the Northern Red Hake Possession Limit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: This action reduces the commercial per-trip possession limit for northern red hake for the remainder of the 2019 fishing year. Regulations governing the small-mesh multispecies fishery require this action because the northern red hake fishery is projected to reach 37.9 percent of its total allowable landing limit for the year. This action is intended to prevent this limit from being exceeded. This announcement also informs the public of the reduced northern red hake possession limit. DATES: Effective September 9, 2019, through April 30, 2020. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: Regulations governing the red hake fishery are found at 50 CFR part 648. The small-mesh multispecies fishery is managed primarily through a series of exemptions from the Northeast Multispecies Fisheries Management Plan. The regulations describing the SUMMARY: E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Pages 48077-48081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19648]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2004-19608]
RIN 2126-AC30


Hours of Service of Drivers--Restart Provisions

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its hours-of-service (HOS) requirements 
applicable to drivers of property-carrying commercial motor vehicles 
(CMVs) to remove provisions requiring that a 34-hour restart include 
two periods between 1 a.m. and 5 a.m. and limiting use of a restart to 
once every 168

[[Page 48078]]

hours--provisions that were promulgated in December 2011. In a series 
of Appropriations Acts, Congress suspended these provisions, pending 
completion of a naturalistic study comparing the effects of the restart 
provisions in effect under the 2011 rule versus provisions in effect 
prior to the 2011 rule's compliance date. The 2017 naturalistic study 
found no statistically significant benefits from the restart rule. 
Pursuant to a 2017 Appropriations Act, the 2011 restart rules are 
therefore void by operation of law. Although not in effect, the 
provisions remain in the Code of Federal Regulations (CFR), which could 
cause confusion for some stakeholders.

DATES: This final rule is effective September 12, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Federal Motor 
Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590-0001, by telephone at (202) 366-4325, or email at 
[email protected].

SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows:

I. Abbreviations and Acronyms
II. Legal Basis for the Rulemaking
III. Background
IV. International Impacts
V. Section-by-Section Analysis
VI. Regulatory Analyses
    A. Executive Order (E.O.) 12866 (Regulatory Planning and 
Review), E.O. 13563 (Improving Regulation and Regulatory Review), 
and DOT Regulatory Policies and Procedures
    B. E.O. 13771 (Reducing Regulation and Controlling Regulatory 
Costs)
    C. Congressional Review Act
    D. Regulatory Flexibility Act
    E. Assistance for Small Entities
    F. Unfunded Mandates Reform Act of 1995
    G. Paperwork Reduction Act
    H. E.O. 13132 (Federalism)
    I. E.O. 12988 (Civil Justice Reform)
    J. E.O. 13045 (Protection of Children)
    K. E.O. 12630 (Taking of Private Property)
    L. Privacy
    M. E.O. 12372 (Intergovernmental Review)
    N. E.O. 13211 (Energy Supply, Distribution, or Use)
    O. E.O. 13783 (Promoting Energy Independence and Economic 
Growth)
    P. E.O. 13175 (Indian Tribal Governments)
    Q. National Technology Transfer and Advancement Act (Technical 
Standards)
    R. Environment (NEPA)
    S. Fixing America's Surface Transportation Act (FAST Act)

I. Abbreviations and Acronyms

APA Administrative Procedure Act
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
HOS Hours of service
NEPA National Environmental Policy Act
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Legal Basis for the Rulemaking

    This rulemaking is based on authority derived from the Motor 
Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 
(1984 Act), as well as a series of appropriations acts that ultimately 
invalidated certain HOS provisions.
    The 1935 Act, as amended, provides that ``The Secretary of 
Transportation may prescribe requirements for--(1) qualifications and 
maximum hours of service of employees of, and safety of operation and 
equipment of, a motor carrier; and (2) qualifications and maximum hours 
of service of employees of, and standards of equipment of, a motor 
private carrier, when needed to promote safety of operation'' (49 
U.S.C. 31502(b)(1), (2)). The HOS regulations concern the ``maximum 
hours of service of employees'' of both motor carriers and motor 
private carriers, as authorized by the 1935 Act.
    The 1984 Act, as amended, provides broad concurrent authority to 
regulate drivers, motor carriers, and vehicle equipment. It requires 
the Secretary of Transportation to ``prescribe regulations on 
commercial motor vehicle safety. The regulations shall prescribe 
minimum safety standards for commercial motor vehicles.'' (49 U.S.C. 
31136(a)). The 1984 Act also requires that: ``At a minimum, the 
regulations shall ensure that--(1) commercial motor vehicles are 
maintained, equipped, loaded, and operated safely; (2) the 
responsibilities imposed on operators of commercial motor vehicles do 
not impair their ability to operate the vehicles safely; (3) the 
physical condition of operators of commercial motor vehicles is 
adequate to enable them to operate the vehicles safely. . .; (4) the 
operation of commercial motor vehicles does not have a deleterious 
effect on the physical condition of the operators; and (5) an operator 
of a commercial motor vehicle is not coerced by a motor carrier, 
shipper, receiver, or transportation intermediary to operate a 
commercial motor vehicle in violation of a regulation promulgated under 
this section . . .'' (49 U.S.C. 31136(a)(1)-(5)).
    This final rule is a non-discretionary ministerial act to conform 
certain sections of the Agency's HOS rules governing the restart of a 
driver's 60- or 70-hour limit to a prior version of those limits 
restored by operation of law, as discussed below. Thus, there is no 
practical impact in any area identified under 49 U.S.C. 31136(a).
    In 2014, Congress suspended two provisions of the 2011 restart rule 
(the requirement for 2 off-duty periods from 1:00 to 5:00 a.m. and the 
limitation of the restart to once a week) and prohibited the use of 
appropriated funds to enforce them unless and until a naturalistic 
study required by the statute, and described in detail, found that the 
2011 restart rule provided greater net operational, safety, health and 
fatigue benefits than the pre-2011 restart rule. In the meantime, the 
pre-2011 restart rule was restored to full effect (Consolidated and 
Further Continuing Appropriations Act, 2015, Pub. L. 113-235, Div. K, 
Title I, sec. 133, 128 Stat. 2130, 2711-2713 (Dec. 16, 2014)). The 
statute required both the Secretary of Transportation (whose authority 
in this area has been delegated to FMCSA) and the Inspector General 
(IG) to review and report to Congress the results of the study. 
Congress then extended the suspension and funding prohibition through 
fiscal year 2016 (Consolidated Appropriations Act, 2016, Pub. L. 114-
113, Div. L, Title I, sec. 133, 129 Stat. 2242, 2850 (Dec. 18, 2015)). 
This Act also expanded the factors that would need to be evaluated, 
requiring FMCSA and the IG to determine whether the naturalistic study 
showed that drivers operating under the 2011 restart rule achieved 
``statistically significant improvement in all outcomes related to 
safety, operator fatigue, driver health and longevity, and work 
schedules, in comparison to commercial motor vehicle drivers who 
operated under'' the pre-2011 restart rule. Id.
    This provision then was further amended to make clear that, if the 
study did not demonstrate such statistically significant improvements, 
``the 34-hour restart rule in operational effect on June 30, 2013 
[i.e., the pre-2011 rule] shall be restored to full force and effect on 
the date that the Secretary submits the final report to the Committees 
on Appropriations of the House of Representatives and the Senate, and 
funds appropriated or otherwise made available by this Act or any other 
Act shall be available to implement, administer, or enforce the rule'' 
(Further Continuing and Security Assistance Appropriations Act, 2017, 
Pub. L. 114-254, Div. A, sec. 180, 130 Stat. 1005, 1016-1017 (Dec. 10, 
2016)).
    In January 2017, the final report required by the 2015 
Appropriations Act was submitted for review to the IG, as required by 
statute. After reviewing the IG's findings, FMCSA's Deputy

[[Page 48079]]

Administrator reported to the Senate and House Appropriations 
Committees that drivers using the 2011 restart rule experienced safety 
outcomes not significantly different from those using the pre-2011 
restart rule.\1\ On March 2, 2017, the IG confirmed this conclusion to 
Congress. Because the 2011 restart rule generated no statistically 
significant improvements in safety, it became void by operation of law 
and the pre-2011 restart rule was restored to full force and effect. 
Today's rule adopts the pre-2011 version of 49 CFR 395.3(c), conforming 
the language of the regulation to the statutory requirement.\2\
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    \1\ Commercial Motor Vehicle Driver Restart Study Report to 
Congress; Pursuant to Section 133 of the Consolidated and Further 
Continuing Appropriations Act, 2015 (Pub. L. 113-235), March 2017, 
See https://www.fmcsa.dot.gov/mission/policy/commercial-motor-vehicle-driver-restart-study-report-congress. A copy has been placed 
in the docket.
    \2\ Because the study failed to establish a statistically 
significant improvement in the initial factors required by Congress, 
evaluation of the additional factors added by Congress became moot.
---------------------------------------------------------------------------

    The Administrative Procedure Act (APA) specifically provides 
exceptions to its notice and comment rulemaking procedures when an 
agency finds there is good cause to dispense with them and incorporates 
``the finding and a brief statement of reasons therefor in the rules 
issued.'' (5 U.S.C. 553(b)(B)). Generally, good cause exists when an 
agency determines that notice and public comment procedures are 
impractical, unnecessary, or contrary to the public interest (id.). 
Here, FMCSA finds that it is unnecessary to provide notice and public 
comment procedures because, as explained above, this final rule is a 
non-discretionary ministerial act to implement a statutory requirement. 
Therefore, in accordance with the APA, good cause exists for not 
providing notice and comment rulemaking procedures on this final rule.
    Additionally, the APA allows agencies to make rules effective 
immediately with good cause (5 U.S.C. 553(d)(3)), instead of requiring 
publication at least 30 days prior to the effective date. For the 
reasons given above, FMCSA finds good cause to make this rule effective 
immediately.

III. Background

    Among the provisions included as part of the 2011 HOS rule were 
restrictions on the use of the 34-hour restart provision, limiting its 
use to once every 168 hours and requiring that a restart include two 
periods between the hours of 1 a.m. and 5 a.m. These restrictions 
proved problematic for many drivers and carriers, adversely affecting 
their operations and generating significant controversy. As noted 
above, Congress suspended these restrictions, subject to a study of the 
effectiveness of the new rule. Specifically, Congress required the 
Secretary to initiate a ``naturalistic study of the operational, 
safety, health and fatigue impacts of the restart provisions''; the law 
addressed the methodology of the study in detail and made clear that 
the 2011 HOS restart provisions would have no effect unless the study 
showed that those provisions had a greater net benefit compared to the 
pre-2011 HOS restart rule.\3\ Subsequent legislation made clear that 
the study would need to show a statistically significant improvement in 
multiple factors enumerated in the legislation. The effectiveness study 
\4\ and the March 2017 report to Congress \5\ confirmed the finding 
that no statistically significant benefits accrued from the 2011 HOS 
restart rule. See discussion under II Legal Basis for this Rulemaking, 
above.
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    \3\ Shortly after the initial suspension, FMCSA issued a notice 
of the suspension of enforcement of these restrictions and announced 
that the restart provisions in place on June 30, 2013 (the day 
before the applicable compliance date under the 2011 rule), would 
govern (79 FR 76241 (December 22, 2014)). Today's rule would align 
the applicable provisions in 49 CFR 395.3 with the provisions in 
effect at that time, consistent with the governing legislation. 
After reviewing the IG's findings, FMCSA's Deputy Administrator 
reported to the Senate and House Appropriations Committees that 
drivers using the 2011 restart rule did not experience a ``greater 
net benefit'' in safety outcomes compared to those using the pre-
2011 restart rule.
    \4\ Dinges, et al., Commercial Motor Vehicle (CMV) Driver 
Restart Study: Final Report, FMCSA-RRR-15-011, Dec. 2015, See 
https://www.fmcsa.dot.gov/safety/research-and-analysis/cmv-driver-restart-study-final-report. A copy has been placed in the docket.
    \5\ See footnote 1, above.
---------------------------------------------------------------------------

    Thus, the limitation on use of the restart option to once every 168 
hours and the requirement that a restart include the two periods from 1 
a.m. to 5 a.m. are no longer in effect; however, the fact that they 
still appear in the Code of Federal Regulations (CFR) causes confusion 
for stakeholders. Today's rule makes technical amendments to Sec.  
395.3, removing the two phrases in paragraph (c)(1) and (2) relating to 
the 1 a.m. to 5 a.m. requirement and removing paragraph (d) relating to 
the 168-hour limitation, consistent with the HOS rules concerning the 
34-hour restart option currently in effect. Because the changes in this 
rule are ministerial, they will have no adverse effect on safety.

IV. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries in which they operate, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

V. Section-by-Section Analysis

Section 395.3 Maximum Driving Time for Property-Carrying Vehicles

    This action removes from Sec.  395.3(c) both instances of the 
phrase ``that includes two periods from 1 a.m. to 5 a.m.'' and restores 
the rule text of paragraph (c) to the Oct. 1, 2011, text. The change is 
ministerial and technical only and has no legal effect.
    In addition, paragraph (d) is removed completely. It currently 
provides that ``a driver may not take an off-duty period allowed by 
paragraph (c) of this section to restart the calculation of 60 hours in 
7 consecutive days or 70 hours in 8 consecutive days until 168 or more 
consecutive hours have passed since the beginning of the last such off-
duty period. When a driver takes more than one off-duty period of 34 or 
more consecutive hours within a period of 168 consecutive hours, he or 
she must indicate in the Remarks section of the record of duty status 
which such off-duty period is being used to restart the calculation of 
60 hours in 7 consecutive days or 70 hours in 8 consecutive days.'' The 
change also is ministerial and technical only and has no legal effect.

VI. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving 
Regulation and Regulatory Review), and DOT Regulatory Policies and 
Procedures

    FMCSA performed an analysis of the impacts of this final rule and 
determined it is not a significant regulatory action under section 3(f) 
of E.O. 12866 (58 FR 51735, October 4, 1993), Regulatory Planning and 
Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), 
Improving Regulation and Regulatory Review. Accordingly, the Office of 
Management and Budget (OMB) has not reviewed it under these Orders. It 
is also not significant within the meaning of DOT regulatory policies 
and procedures (DOT Order 2100.6 dated Dec. 20, 2018). This rule 
conforms 49 CFR 395.3 to statutory requirements and current practice by 
removing provisions that are not in effect, thus, not enforced, and 
does not result in costs or benefits to any regulated entity.

[[Page 48080]]

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    This rule has been designated as a deregulatory action under 
Executive Order (E.O.) 13771 by the Office of Information and 
Regulatory Affairs because it updates obsolete regulatory text.

C. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).

D. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), 
FMCSA is not required to complete a regulatory flexibility analysis 
because, as discussed earlier in the Legal Basis for the Rulemaking 
section, this action is not subject to notice and public comment under 
section 553(b) of the APA.

E. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act, FMCSA wants to assist small entities in 
understanding this rule so that they can better evaluate its effects on 
themselves and participate in the rulemaking initiative. If the rule 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult the FMCSA point of contact, 
Richard Clemente, listed in the For Further Information Contact section 
of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector, of $165 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2018 levels) or more in any 1 year. Because this rule will not result 
in such an expenditure, a written statement is not required.

G. Paperwork Reduction Act

    This rule does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Nor does 
this rule modify the existing approved collection of information (OMB 
Control Number 2126-0001, HOS of Drivers Regulations, approved Jun. 13, 
2016, through Jun. 30, 2019).

H. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' FMCSA determined that this rule does not have substantial 
direct costs on or for States, nor does it limit the policymaking 
discretion of States. Nothing in this rule preempts any State law or 
regulation. Therefore, this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Impact 
Statement.

I. E.O. 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, April 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this rule is not economically 
significant and does not anticipate that this regulatory action could 
in any respect present an environmental or safety risk that could 
disproportionately affect children.

K. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it does not effect a taking of 
private property or otherwise have taking implications.

L. Privacy

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, note following 5 U.S.C. 552a), requires the 
Agency to conduct a Privacy Impact Assessment of a regulation that will 
affect the privacy of individuals. The assessment considers impacts of 
the rule on the privacy of information in an identifiable form and 
related matters. The FMCSA Privacy Officer has evaluated the risks and 
effects the rulemaking might have on collecting, storing, and sharing 
personally identifiable information and has evaluated protections and 
alternative information handling processes in developing the rule to 
mitigate potential privacy risks. FMCSA determined that this rule does 
not require the collection of individual personally identifiable 
information.
    The DOT Privacy Office has determined that this rulemaking does not 
create privacy risk.
    The E-Government Act of 2002, Public Law 107-347, sec. 208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
a Privacy Impact Assessment for new or substantially changed technology 
that collects, maintains, or disseminates information in an 
identifiable form. No new or substantially changed technology will 
collect, maintain, or disseminate information because of this rule.

M. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
rulemaking.

N. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use. The Agency has determined that it is not a ``significant energy 
action'' under that order because it is not a ``significant regulatory 
action'' likely to have a significant adverse effect on the supply,

[[Page 48081]]

distribution, or use of energy. Therefore, it does not require a 
Statement of Energy Effects under E.O. 13211.

O. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    E.O. 13783 directs executive departments and agencies to review 
existing regulations that potentially burden the development or use of 
domestically produced energy resources, and to appropriately suspend, 
revise, or rescind those that unduly burden the development of domestic 
energy resources. In accordance with E.O. 13783, DOT prepared and 
submitted a report to the Director of OMB that provides specific 
recommendations that, to the extent permitted by law, could alleviate 
or eliminate aspects of agency action that burden domestic energy 
production. This rule has not been identified by DOT under E.O. 13783 
as potentially alleviating unnecessary burdens on domestic energy 
production.

P. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal government and Indian tribes.

Q. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (note 
following 15 U.S.C. 272) directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
will be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards (e.g., specifications of materials, 
performance, design, or operation; test methods; sampling procedures; 
and related management systems practices) are standards that are 
developed or adopted by voluntary consensus standards bodies. This rule 
does not use technical standards. Therefore, FMCSA did not consider the 
use of voluntary consensus standards.

R. Environment (NEPA)

    FMCSA analyzed this rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680, Mar. 1, 2004), 
Appendix 2, paragraph 6.b. This Categorical Exclusion addresses minor 
corrections such as those found in this rulemaking; therefore, 
preparation of an environmental assessment or environmental impact 
statement is not necessary. The Categorical Exclusion determination is 
available for inspection or copying in docket FMCSA-2004-19608.

S. Fixing America's Surface Transportation Act (FAST Act)

    Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance 
notice of proposed rulemaking, unless the Agency finds good cause that 
an ANPRM is impracticable, unnecessary, or contrary to the public 
interest, or conduct a negotiated rulemaking when it engages in certain 
rulemakings. These requirements pertain to a proposed rulemaking likely 
to result in a ``major rule.'' \6\ Because this rulemaking does not 
involve issuance of a proposed rule, and today's final rule is not a 
``major rule,'' these requirements are not applicable.
---------------------------------------------------------------------------

    \6\ In enacting this provision, Congress did not define ``major 
rule.'' See section 5202 of the FAST Act, Public Law 114-94, 129 
Stat. 1312, 1534-1535 (December 4, 2015). However, Congress used the 
term in enacting another statute addressing Agency rulemaking, 
popularly referred to as the Congressional Review Act, which 
includes a definition of the term ``major rule.'' See 5 U.S.C. 
804(2). The Agency relies on this definition in evaluating the 
application of 49 U.S.C. 31136(g).
---------------------------------------------------------------------------

List of Subjects for 49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, FMCSA amends 49 CFR part 395 to 
read as follows.

PART 395--HOURS OF SERVICE OF DRIVERS

0
1. The authority citation for part 395 continues to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31137, 31502; sec. 113, 
Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as 
added and transferred by sec. 4115 and amended by secs. 4130-4132, 
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. 
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; 
sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.


0
2. In Sec.  395.3, revise paragraph (c) and remove paragraph (d) to 
read as follows:


Sec.  395.3  Maximum driving time for property-carrying vehicles.

* * * * *
    (c)(1) Any period of 7 consecutive days may end with the beginning 
of an off-duty period of 34 or more consecutive hours.
    (2) Any period of 8 consecutive days may end with the beginning of 
an off-duty period of 34 or more consecutive hours.

    Issued under authority delegated in 49 CFR 1.87.

    Dated: September 5, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-19648 Filed 9-11-19; 8:45 am]
BILLING CODE 4910-EX-P