Hours of Service of Drivers; Pilot Program To Allow Commercial Drivers To Pause Their 14-Hour Driving Window, 55061-55065 [2020-19511]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 55061-55065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19511]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0098]


Hours of Service of Drivers; Pilot Program To Allow Commercial 
Drivers To Pause Their 14-Hour Driving Window

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

ACTION: Notice of proposed pilot program; request for comments.

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SUMMARY: FMCSA proposes a pilot program to allow temporary regulatory 
relief from the Agency's hours-of-service (HOS) requirement that all 
driving by drivers of property-carrying commercial motor vehicles 
(CMVs) be completed within 14 hours after coming on duty. During the 
pilot program, known as the Split Duty Period Pilot Program, 
participating CMV drivers would have the option to pause their 14-hour 
on-duty period (also called a driving window) with one off-duty period 
of no less than 30 minutes and no more than 3 hours. Participation 
would be limited to a certain number of commercial driver's license 
(CDL) holders who meet the criteria specified for participation. This 
pilot program seeks to gather statistically reliable evidence whether 
decisions concerning the timing of such flexibility can be aligned with 
employers', shippers', and receivers' scheduling preferences to 
optimize productivity while ensuring safety performance at a level 
equivalent to or greater than what would be achieved absent the 
regulatory relief.

DATES: Comments must be received on or before November 2, 2020. The 
implementation date of the Pilot Program would be announced in 
subsequent Federal Register notices.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID [FMCSA-2020-0098] using any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Send comments to Docket Operations, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Deliver comments to Docket 
Operations, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590 between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and the 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: DOT posts comments submitted to the rulemaking docket, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001, by email at [email protected], or by 
telephone at 202-366-4354. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826. Further information will be posted at the website for 
the proposed pilot program: https://www.fmcsa.dot.gov.

[[Page 55062]]


SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials. In this notice, FMCSA requests certain information, 
but comments need not be limited to those requests.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2020-0098), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online, by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov, put the 
docket number, ``FMCSA-2020-0098'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box in the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope. FMCSA will consider all comments and material received during 
the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this notice as 
being available in the docket, go to www.regulations.gov and insert the 
docket number, ``FMCSA-2020-0098'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
internet, you may view the docket online by visiting Docket Operations 
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. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Docket Operations.

II. Legal Basis

    The FMCSA has authority under 49 U.S.C. 31315(c) to conduct pilot 
programs. These programs are research studies where one or more 
exemptions are granted to allow for the testing of innovative 
alternatives to certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish in the Federal Register a detailed 
description of each pilot program, including the exemptions being 
considered, and provide such notice and an opportunity for public 
comment before the effective date of the program. The Agency is 
required to ensure that the safety measures in the pilot programs are 
designed to achieve a level of safety that is equivalent to, or greater 
than, the level of safety that would be achieved through compliance 
with the safety regulations. Pilot programs are limited to not more 
than 3 years from the starting date.
    At the conclusion of each pilot program, FMCSA must submit a report 
to Congress concerning the findings, conclusions, and recommendations, 
including suggested amendments to laws and regulations that would 
enhance motor carrier, commercial motor vehicle (CMV), and driver 
safety, and improve compliance with the FMCSRs.

III. Background

HOS Rulemaking--Pause to the 14-Hour Window

    On August 22, 2019, FMCSA published a Notice of Proposed Rulemaking 
(NPRM) concerning drivers' hours of service which proposed certain 
amendments to provide greater flexibility for drivers, without 
adversely affecting safety (84 FR 44190). As part of that rulemaking, 
FMCSA proposed that a single off-duty break of between 30 minutes and 3 
consecutive hours may be excluded from the 14-hour driving window, 
provided the driver has at least 10 consecutive hours off-duty at the 
end of the work shift. The Agency explained that a single pause of up 
to 3 hours would provide significantly more flexibility than is allowed 
under the current rules. The pause would have allowed drivers to take 
an off-duty break without fear of exhausting their available hours 
under the 14-hour clock, which would also have allowed them to get 
additional rest or avoid traffic congestion.

FMCSA Decision To Exclude the Pause From the Final Rule

    After reviewing the public comments to the NPRM, the Agency decided 
not to include the pause to the 14-hour driving window in the Final 
Rule, published on June 1, 2020 (85 FR 33396). FMCSA continues to 
believe that an opportunity for a single off-duty pause in the 14-hour 
driving window could provide flexibility for drivers without 
compromising safety, as explained in the NPRM. However, many commenters 
to the NPRM believed that drivers would be pressured by carriers, 
shippers, or receivers to use the break to cover detention time, which 
would not necessarily provide the driver an optimal environment for 
restorative rest. This suggests that the pause could have unintended 
consequences that were not adequately evaluated in the development of 
the NPRM.
    In considering the initiation of a pilot program, the Agency 
continues to believe that an off-duty break of up to 3 consecutive 
hours during a work shift may enable drivers to avoid congestion. The 
subsequent driving time would then be more productive, as drivers may 
have a greater opportunity to travel at the posted speed limits rather 
than at lower speeds through heavy traffic and congestion. It may also 
reduce the pressure to drive above the posted speed limits because of 
concerns raised by the 14-hour clock. In addition, drivers could take a 
rest break to reduce the likelihood of experiencing fatigue while 
driving. Because drivers would continue to take 10 consecutive hours 
off-duty at the end of the work shift, exercising the pause option 
during the work shift would increase the drivers' off-duty time during 
the work week. This increased productivity, resulting from an ability 
to avoid congestion, would be accomplished without altering the maximum 
amount of on-duty time that could be accumulated before driving is 
prohibited, or increasing the maximum driving time allowed during a 
work shift.
    FMCSA acknowledges that the potential benefits of increased 
flexibility could be undermined if the pause is used by carriers, 
shippers, or receivers for purposes other than the productivity and 
safety of drivers, especially to compensate for time wasted during the 
14-hour driving window due to detention periods. Under such a scenario, 
the Agency believes that the off-duty period may not provide a 
meaningful opportunity for drivers to rest. The pilot program is 
designed, among other things, to discover the extent to which 
``detention pauses''

[[Page 55063]]

occur and their effect on drivers, compared to pauses taken under other 
circumstances.
    FMCSA believes a pilot program would provide an innovative, 
collaborative approach for evaluating concerns about the use of a pause 
to the 14-hour window. Through the pilot program the Agency could 
gather data and information concerning real-world actions and decisions 
among drivers, employers, and shippers and receivers to reach a common 
understanding of how to give drivers more opportunities for rest and 
increased efficiency.
    With regard to safety impacts, the Agency notes that the additional 
break of up to 3 consecutive hours would be off-duty. This means the 
extension of the driving window would not result in drivers working 
additional hours; the maximum amount of on-duty time that could be 
accumulated before a driver would be prohibited from driving during a 
work shift would remain at 14 hours. Furthermore, drivers would still 
be required to have 10 consecutive hours off-duty at the end of their 
shift, and would continue to be subject to all of the cumulative limits 
that normally apply to them.
Applicable Regulations
    Under 49 CFR 395.3(a)(2), a driver of a property-carrying CMV may 
drive only during a period of 14 consecutive hours after coming on duty 
following 10 consecutive hours off duty. The driver may not drive after 
the end of the 14-consecutive-hour period without first taking 10 
consecutive hours off duty.
    The Split Duty Period Pilot Program would offer participating 
drivers relief from these provisions by allowing one off-duty period of 
no less than 30 minutes and not more than 3 hours which would not count 
towards the 14-hour period (also referred to in this notice as the 14-
hour on-duty window). Drivers would still be required to take 10 
consecutive hours off duty before returning to duty.
Relevant Research
    FMCSA will conduct additional research during the refinement of the 
pilot program design through a literature review of applicable studies 
regarding safety impacts of allowing a pause in duty status. The Agency 
believes that the proposal for this pilot program is supported by ``The 
Impact of Driving, Non-Driving Work, and Rest Breaks on Driving 
Performance in Commercial Motor Vehicle Operations'' (Blanco, M., 
Hanowski, R., Olson, R., Morgan, J., Soccolich, S., Wu, S.C., & Guo, F. 
(2011)). That study showed that the Safety Critical Event (SCE) rate 
increased modestly with increasing work and driving hours, up to a 14-
hour on-duty period. Blanco also found that breaks can be used to 
counteract the negative effects of time-on-task. The results from the 
break analyses indicated that significant safety benefits can be 
afforded when drivers take breaks from driving. This study data cannot 
be extrapolated to determine the potential impact of including up to a 
3-hour pause in the 14-hour on-duty period, however. After completion 
of a thorough literature review, any additional relevant information 
will be included in subsequent Federal Register notices prior to 
initiation of the pilot program.

IV. Pilot Program Requirements

    Specific requirements for pilot programs are found in subparts D 
and E of 49 CFR part 381. A pilot program is a study in which 
participants are given exemptions from one or more provisions of the 
FMCSRs for up to 3 years to gather data to evaluate alternatives or 
innovative approaches to regulations, while ensuring that an equivalent 
level of safety is maintained.
    A pilot program must include a program plan that incorporates the 
following six elements:
    (1) A scheduled duration of 3 years or less;
    (2) A specific data collection and safety analysis plan that 
identifies a method of comparing the safety performance of motor 
carriers, CMVs, and drivers operating under the terms and conditions of 
the pilot program, with the safety performance of motor carriers, CMVs, 
and drivers that comply with the regulation;
    (3) A reasonable number of participants necessary to yield 
statistically valid findings;
    (4) A monitoring plan to ensure that participants comply with the 
terms and conditions of participation in the pilot program;
    (5) Adequate safeguards to protect the health and safety of study 
participants and the general public; and
    (6) A plan to inform the States and the public about the pilot 
program and to identify approved participants to enforcement personnel 
and the general public. (49 CFR 381.500).
    At the conclusion of each pilot program, the FMCSA reports to 
Congress the findings and conclusions of the program and any 
recommendations it considers appropriate, including suggested 
amendments to laws and regulations that would enhance motor carrier, 
CMV, and driver safety and improve compliance with the FMCSRs (49 CFR 
381.520).

V. Structure of the Pilot Program

    This pilot program seeks to gather statistically reliable evidence 
on the question whether an optional off-duty period of between 30 
minutes and three hours, pausing the 14-hour window, affects safety 
performance, and what effect scheduling preferences of employers, 
shippers, and receivers have on safety outcomes. Safety performance 
would be evaluated through a review of data and information concerning 
work schedules (including driving time), rest schedules, and driver on-
road performance.
    Currently, interstate drivers of property-carrying CMVs must 
complete all driving within 14 hours after coming on duty (49 CFR 
395.3(a)(2)). The pilot program would give participating drivers a 
temporary exemption from this requirement, within parameters specified 
by the Agency. For study purposes, drivers would be allowed to pause 
their 14-hour on-duty window by no less than 30 minutes and not more 
than 3 hours.
    FMCSA would recruit CDL drivers who operate a CMV as their primary 
means of employment. The study group would include drivers from small, 
medium, and large carriers, as well as independent owner-operators. To 
ensure that the study will be able to detect statistically significant 
differences in the safety performance between drivers utilizing a 
``pause'' and drivers operating under current regulations, FMCSA is 
estimating the desired sample size in the final study design to be 
between 200 and 400 drivers over a period of up to 3 years. While the 
entire study will be limited to a maximum period of 3 years, individual 
driver participation may also be limited to a period of 6 months or 1 
year, depending on final study design.
    Participating carriers that meet the eligibility criteria, as 
described later in this notice, would be able to assist in recruiting 
study group drivers. Drivers would be enrolled in the study contingent 
upon approval from their carrier, as applicable. Owner-operators would 
need to be leased to a single carrier and obtain the carrier's approval 
in order to be eligible to participate, to facilitate granting of the 
exemption and to mitigate data collection privacy concerns. Drivers 
would need to participate in the study operating under current 
regulations for a baseline period of 30 days before receiving their 
exemption.
    The pilot program would also collect driver identification details 
and data on

[[Page 55064]]

driver schedules, sleep, safety-critical events (SCEs), subjective 
sleepiness ratings, and behavioral alertness for at least 180 days per 
driver. The Agency requests comment on the data collection period per 
driver.

VI. Management of the Pilot Program

    FMCSA has designated a project manager for the pilot program. FMCSA 
would develop the applications, agreements, and forms to be used by 
interested carriers and potential study group members. Participating 
carriers would be announced publicly.
    Eligibility requirements and procedural matters are discussed in 
Sections VII and VIII of this notice.

VII. Eligibility Criteria To Participate

A. Motor Carriers

    To qualify for participation in the pilot program, motor carriers 
must meet the following eligibility criteria:
    1. Must have proper operating authority and registration;
    2. Must have the minimum levels of financial responsibility, if 
applicable;
    3. Must not be a high or moderate risk motor carrier as defined in 
the Agency's Federal Register notice of ADD;
    4. Must not have a conditional or unsatisfactory safety rating;
    5. Must not have any enforcement actions within the past 3 years;
    6. Must not have a crash rate above the national average;
    7. Must not have a driver Out of Service (OOS) rate above the 
national average; and
    8. Must not have a vehicle OOS rate above the national average.
    In addition, unpaid civil penalties may be grounds to be 
disapproved from participating in the pilot program.
    In addition, motor carriers participating in the pilot program 
would be required to meet the following requirements:
     Grant permission for drivers to participate in the Split 
Duty Period Pilot Program;
     Agree to comply with all pilot program procedures;
     Grant permission for researchers to install a video-based 
onboard monitoring system (OBMS) and gather records of duty status 
(RODS) information for each participating driver throughout the study 
duration; and
     Grant permission for drivers participating in the study to 
operate under the 14-hour on-duty window exemption.

B. Study Group Drivers

    A motor carrier may not approve a driver for participation in the 
pilot program if during the 2-year period immediately preceding the 
date of participation, the covered driver:
    1. Had his or her license suspended, revoked, cancelled or has been 
disqualified for a conviction of one of the disqualifying offenses 
listed in to 49 CFR 383.51; or
    2. Had any conviction for a violation of State or local law 
relating to motor vehicle traffic control (other than parking 
violation) arising in connection with any traffic crash and have no 
record of a crash in which he/she was determined to be at fault.
    In addition, drivers would be required to:
     Operate a CMV as their main source of employment;
     Have a valid CDL;
     Maintain a valid medical certificate from a healthcare 
professional on the Agency's National Registry of Certified Medical 
Examiners while participating in the pilot program;
     Have the employer's approval for participation in the 
study;
     Operate a property-carrying vehicle, not a passenger-
carrying vehicle;
     Agree to the release of specific information to FMCSA for 
purposes of the pilot; and
     Agree to study procedures, including the use of 
actigraphs, RODS, and video-based OBMS.

VIII. Process To Apply To Participate

A. Motor Carriers

     Visit the pilot program website and complete an electronic 
application with screening questionnaire, which will request the 
following details, at a minimum: Name, job title, carrier information, 
company name, and carrier size. The carrier must grant permission for 
OBMS equipment to be temporarily installed in the vehicles of 
participating drivers, and for drivers to use the study-provided system 
for recording HOS during the data collection period.
     The carrier's representative must acknowledge that all 
driver data, to include OBMS video, driving data, sleep data, and 
performance data, must remain confidential and will not be shared with 
the company. The exception to this is RODS data for properly recording 
a driver's HOS.

B. Study Group Drivers

     Visit the pilot program website and complete an electronic 
application and screening questionnaire, which will request the 
following details, at a minimum: Name, contact information, Medical 
Certification expiration date, CDL status, typical operation type 
(solo, team, or slip seat), location of their home terminal, type of 
truck they regularly drive, and whether they currently use paper or 
electronic HOS logs.
     Participate in a phone call with a member of the research 
team to confirm interest and eligibility.
     Obtain carrier permission to participate (unless the 
individual is an independent owner operator).
     Provide written, informed consent after a briefing session 
on data collection techniques and methods.

IX. Data Collection Plan

    Details of the data collection plan for this pilot program are 
subject to change based on comments to the docket and further review by 
analysts. Information to be collected from each participating carrier 
and driver before the pilot program begins (during the application 
phase) are discussed in Section VIII of this notice. Participating 
drivers will drive an instrumented vehicle (instrumented by the 
research team with a study-provided OBMS) for up to 90 days. During a 
pre-study briefing, participants will receive a study-provided 
smartphone (installed with a variety of data collection applications), 
as well as a wrist actigraphy device.\1\ Participants whose vehicles 
are not already equipped with a compatible electronic logging device 
(ELD) will be provided with an approved ELD application (installed on 
study-provided equipment). At a minimum, FMCSA will gather the 
following data during the study:
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    \1\ Participants will wear wrist actigraphy devices (similar to 
commercially available smart fitness watches) throughout their time 
in the study. Actigraphy is a minimally obtrusive, validated 
approach to assessing sleep/wake patterns.
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     RODS data, to evaluate duty hours and timing, driving 
hours and timing, rest breaks, off-duty time, and restart breaks.
     OBMS data, to evaluate driving behaviors, SCEs (crashes, 
near-crashes, and other safety-related events), reaction time, fatigue, 
lane deviations, and traffic density (as discerned from viewpoints of 
the multiple cameras), road curvature, and speed variability.
     Roadside violation data (from carriers and drivers, as 
well as the Commercial Driver's License Information System (CDLIS)), 
including vehicle, duty status, hazardous materials, and cargo-related 
violations (contingent upon inspections).
     Wrist actigraphy data, to evaluate total sleep time, time 
of day sleep was taken, sleep latency, and intermittent wakefulness.

[[Page 55065]]

     Psychomotor Vigilance Test (PVT) \2\ data, to evaluate 
drivers' behavioral alertness based on reaction times.
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    \2\ For this study, drivers will be required to complete daily 
iterations of a brief PVT, a 3-minute behavioral alertness test 
which measures drivers' alertness levels by timing their reactions 
to visual stimuli.
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     Subjective sleepiness ratings, using the Karolinska 
Sleepiness Scale (KSS),\3\ to measure drivers' perceptions of their 
fatigue levels.
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    \3\ The KSS is a 9-point Likert-type scale ranging from 
``extremely alert'' to ``extremely sleepy'' and has been widely used 
in the literature as a subjective assessment of alertness.
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     Sleep logs, in which drivers will document when they are 
going to sleep, when they wake up, and whether they are using the 
sleeper berth.
     Pause logs, in which drivers will document their reason 
for pausing their 14-hour on-duty window (e.g., driver felt fatigued, 
driver encountered traffic, driver encountered detention delay) and 
their activities during their pause (e.g., sleeping, exercising, 
eating, leisure).
    Other information that may be needed will also be collected through 
the participating carrier. Every effort will be made to reduce the 
burden on the carrier in collecting and reporting this data.

X. Paperwork Reduction Act

    The pilot program will require participating motor carriers to 
collect, maintain, and report to FMCSA certain information about their 
drivers who are participating in the pilot program. This will include 
identifying information and safety performance data for use in 
analyzing the drivers' safety history. The Agency will develop forms to 
promote uniformity in the data collected by the pilot carriers.
    The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520) 
prohibits agencies from conducting information collection (IC) 
activities until they analyze the need for the collection of 
information and how the collected data will be managed. Agencies must 
also analyze whether technology could be used to reduce the burden 
imposed on those providing the data. The Agency must estimate the time 
burden required to respond to the IC requirements, such as the time 
required to complete a particular form. The Agency submits its IC 
analysis and burden estimate to the Office of Management and Budget 
(OMB) as a formal information collection request (ICR); the Agency 
cannot conduct the information collection until OMB approves the ICR.
    Because certain aspects of this pilot program--such as the content 
of forms and reports--have not been finalized, the Agency is not 
publishing possible IC burden data at this time. A separate Federal 
Register Notice will be posted taking additional comments on the ICR, 
once developed.

X. Removal From the Program

    FMCSA reserves the right to remove any motor carrier or driver from 
the pilot program for reasons related to, but not limited to, the 
failure to meet all program requirements or a determination of 
increased safety concerns. FMCSA reserves the right to terminate the 
pilot program at any time if there is evidence of increased safety risk 
by carriers and/or drivers participating in the pilot program.

XI. Request for Public Comments

    Instructions for filing comments to the public docket are included 
earlier in this notice. FMCSA seeks information in the following areas, 
but responses need not be limited to these questions:
    1. Are any additional safeguards needed to ensure that the pilot 
program provides a level of safety equivalent to that without the 14-
hour on-duty window pause exemption?
    2. Are the data collection efforts proposed for carriers and 
drivers so burdensome as to discourage participation?
    3. Should team drivers be allowed to participate in the pilot 
program? Would there be additional considerations for team drivers?
    4. What additional factors, such as gender, geographic location, 
age, operating types, or driver experience, should be considered when 
selecting participants to ensure a representative sample is achieved?
    5. Is the estimated sample size of 200-400 drivers sufficient to 
gain statistically significant findings over a period of up to 3-years? 
Is a 6 to12-month period of participation by individual drivers 
sufficient to collect data?
    6. Is a 180-day baseline period sufficient for comparison of driver 
performance between participating drivers in a control group operating 
under the current regulations against individuals operating with the 
exemption allowing the split duty option?
    7. Would there need to be considerations for carriers currently 
utilizing OBMS or other safety systems that may involve coaching? For 
example, should a participating carrier be required to halt utilization 
of coaching techniques for drivers participating in the pilot program 
to ensure bias is minimized across the sample?
    8. Should FMCSA consider metrics other than the following when 
developing the data collection plan: Crashes, safety critical events 
(e.g., speeding, lane deviation, hard braking), fatigue levels, driver 
distraction, vehicle miles traveled?
    9. What other potential data collection tools should FMCSA use for 
the pilot program in addition to video-based onboard monitoring 
systems, actigraphs, PVTs, sleep logs, and driver health/background 
information?

James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-19511 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-EX-P