Agency Information Collection Activities; Approval of a New Information Collection Request: Impact of Driver Detention Time on Safety and Operations, 12413-12416 [2024-03256]
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Notices
charge) before signing the lease
purchase agreement? Did you have a
clear picture of your responsibility in
the case of a major mechanical
breakdown of the CMV?
5. Were you able to negotiate the
terms? Were you provided any
information about other financing
alternatives? Did other drivers have a
different set of options and if so, why?
6. Were you informed of how the
motor carrier works with independent
contractors vs. company drivers and
lease-purchase drivers when business is
slow? Are you treated similarly or is
there a difference between the
assignment of loads, etc.?
7. Please elaborate on any additional
restrictions placed on your use of the
CMV or additional financial agreements
imposed outside of the written lease
agreement. Did they encompass takehome pay, driver access to loads, etc.?
8. Please elaborate on any additional
financial products associated with your
work as a CMV lessee (e.g., training
debt, maintenance debt, earned wage
access, contact from debt collectors,
etc.). For instance, if you took out
maintenance debt, were you required to
use the title of your CMV as security?
9. Were you able to successfully
complete the terms of your leasepurchase agreement? If you did not
complete your lease, why? How much
did you owe at the completion of your
lease? Were any charges assessed related
solely to your lease payment or were
there other charges, such as repayment
of a maintenance bill or loan? If there
were other charges, please explain.
10. If you owe a balance on your
lease-purchase agreement, are you being
contacted by the motor carrier, thirdparty debt collectors, or finance
companies? Are there processes,
policies, and procedures for taking and
handling disputes about the debt? Has
information about your debt been
furnished to credit reporting companies
or employment screening companies?
Have you been threatened with a
lawsuit to collect these debts? Do
collection efforts cease when a driver
files for bankruptcy or obtains
bankruptcy discharge?
11. How did your expectations about
the benefits of the lease compare to the
reality of working under that lease?
What have the effects of your leasepurchase agreement been on your
finances, employment experience,
professional mobility, workplace health
and safety, and family’s well-being?
Lessors of CMVs
1. If you are or were a lessor of CMVs,
what best practices do, or did you
implement or recommend to ensure that
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all leases of CMVs you provide are fair
and just? Do you underwrite leases? If
so, how? How do you determine the
value of a CMV and the expected
depreciation? If your lessees are pleased
with the terms you provide, please
expound on those terms.
2. If you lease CMVs to drivers but do
not own the CMV (e.g., the CMV is
being financed by your company and
then you lease it to a driver), how do
you determine how much to charge the
driver under the lease agreement and
how do you ensure the driver can
ultimately own the vehicle if there is a
lease-purchase agreement?
3. Do you have any specific
agreements available to drayage drivers
at ports relating to the Clean Truck
Program or any similar program to
decrease emissions from port
operations? Do you have any data that
would show the impact of truck leasing
agreements on the net compensation of
CMV drivers, including port drayage
drivers?
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–03205 Filed 2–15–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0172]
Agency Information Collection
Activities; Approval of a New
Information Collection Request: Impact
of Driver Detention Time on Safety and
Operations
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval.
This notice invites comments on a
proposed information collection titled
Impact of Driver Detention Time on
Safety and Operations. This research
study will collect data on commercial
motor vehicle (CMV) driver detention
time representative of the major
segments of the motor carrier industry,
analyze that data to determine the
frequency and severity of detention
time, and assess the utility of existing
SUMMARY:
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intelligent transportation systems (ITS)
solutions to measure detention time.
Approximately 80 carriers and 2,500
CMV drivers will provide data in the
study. The study will provide a better
understanding of the impact of driver
detention time on driver safety and
CMV operations and inform strategies
that may be used to mitigate driver
detention time. The number of public
comments received in response to the
60-day FR notice was 171.
DATES: Comments on this notice must be
received on or before March 18, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
Dan
Britton, Mathematical Statistician,
Office of Research and Registration,
DOT, FMCSA, 6th Floor, West Building,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001; 202–366–
9980; dan.britton@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Impact of Driver Detention Time
on Safety and Operations.
OMB Control Number: 2126–00XX.
Type of Request: New ICR.
Respondents: CMV carriers and
drivers.
Estimated Number of Respondents: 80
CMV carriers and 2,500 CMV drivers.
Estimated Time per Response: 30
seconds (for drivers and CMV carrier
operation team).
Expiration Date: This is a new ICR.
Frequency of Response: Once per
delivery/pick-up.
Estimated Total Annual Burden:
7,869.17 hours.
FOR FURTHER INFORMATION CONTACT:
Background
‘‘Detention time’’ refers to the extra
time CMV operators wait at shipping
and receiving facilities due to delays not
associated with the loading and
unloading of cargo. Drivers are often not
paid for this extra time. Although there
is currently no standard definition of
detention time, the CMV industry, the
U.S. Government, and academic
researchers in the United States have
previously used dwell time—the total
amount of time spent at a facility—
exceeding 2 hours to define when
detention time occurs.
Detention time in the CMV industry is
a longstanding issue and consistently
ranks as one of the top problems for a
large portion of CMV operators on an
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Notices
ongoing basis. Further, detention time
often results in lost revenue for many
drivers and carriers. Reducing detention
time may reduce costs for carriers,
increase pay for drivers, and improve
CMV drivers’ ability to make deliveries
on time or arrive at a destination as
planned without violating hours of
service (HOS) requirements. Finally,
drivers who experience less detention
time may be more likely to drive safely
to reach their destinations within the
HOS limits and less likely to operate
beyond HOS limits and improperly log
their driving and duty time to make
deliveries on time.
An important first step in addressing
detention time is understanding the
factors that contribute to the issue.
FMCSA completed a study in 2014 on
the impact of detention time on CMV
safety. Although this study provided
valuable initial insights, it had several
limitations, including a small sample of
mostly large carriers, a rudimentary
estimation of detention time, the
inability to identify time spent loading/
unloading, and data that did not cover
an entire 12-month period. Therefore,
FMCSA needs additional data from a
broader sample of carriers to understand
the safety and operational impact of
detention time, to better understand
why detention time occurs, and to
identify potential mitigation strategies
the CMV industry may use to reduce
detention time while improving
operational efficiencies and safety.
The purpose of obtaining data in this
study is to evaluate the impact of driver
detention time on safety and CMV
operations. Specifically, there are three
primary objectives for the data
collection in this study: (1) assess the
frequency and severity of driver
detention time using data that represent
the major segments of the motor carrier
industry; (2) assess the utility of existing
ITS solutions to measure detention time;
and (3) prepare a final report that
summarizes the findings, answers the
research questions, and offers strategies
to reduce detention time. Completing
these research objectives will provide
insight into any relationship between
driver detention time and CMV safety.
Additionally, the findings from this
study can contribute to a more complete
understanding of these issues and
facilitate private sector decisions that
lead to reductions in detention time and
improvements in safety and supply
chain efficiency.
The study includes data collection via
electronic logging devices (ELDs),
transportation management systems
(TMS), vehicle telematic systems, safety
records, and answers to questions
delivered through the carriers’
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dispatching systems. The ELD, TMS,
telematics, and safety data are already
collected by carriers. The only
additional data that will be collected
will be the answers to questions
submitted through the carriers’
dispatching systems. This information
will allow FMCSA to identify the
severity and frequency of detention
time, the factors that contribute to
detention time, and the administrative,
operational, and safety outcomes of
detention time. After agreeing to
participate in the study, carriers will
collect and provide 12 months of data.
The carriers will be selected so that
the sample is representative of the
nation. Carriers will be selected from
those who use an ELD, TMS, and
telematics device or app that is
integrated with the research team’s data
collection system for delivery/pickup
details, telematics and vehicle tracking
metrics, and ELD data. However, the
study may include other carriers that
express interest in participating if they
use an ELD, TMS, and telematics device
that can be integrated with the research
team’s system to collect data. These data
are critical to answer the research
questions. The final sample from this
source will include up to 80 carriers
with up to 2,500 total vehicles. This
sample will include a variety of carrier
operations, including long haul/short
haul, private/company fleets and forhire fleets, port servicing (primarily
chassis), owner-operators, hourly and
mileage-based operators, truckload/lessthan-truckload, and dedicated local
delivery. These carriers will range in
size from single-vehicle owner-operators
to carriers with hundreds of trucks, with
a likely average fleet size of
approximately 30 vehicles. Multiple
analyses will be performed, including
assessing the relationships between
detention time and characteristics of
carriers, facility locations, and driver
schedules (appointment times, time of
day, day of week, month, and season).
Measures of detention time will include
the number of detained stops per shift
and the duration of each detention.
Regression models will be used to
compare these variables for significant
differences in associated detention time.
Another analysis will examine the
relationship between detention time and
safety outcomes during the shifts
following the detention time. The
relationships between detention time
and safety outcomes will be evaluated
by generalized linear models such as
Poisson or negative binomial regression
models. The independent variables will
be the characteristics of detention time,
such as detention time per shift. The
response variable will be the number of
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safety outcomes (e.g., crashes) that
occurred during the subsequent shift.
The driving time will be treated as an
exposure variable to normalize crash
risk with respect to driving time.
Finally, the study will estimate the
cost per year associated with detention
time, including lost productivity,
disruptions to the supply chain, and any
increases in fatal, injury, and propertydamage-only crashes.
FMCSA published the 60-day Federal
Register notice on August 24, 2023, and
the comment period closed on October
24, 2023 (88 FR 58060). A total of 171
comments were received from the
public. These comments revolved
around 11 issues, with many comments
covering more than one issue, to varying
degrees: (1) the relationship between
detention time and driver
compensation; (2) organizational issues
at the shipper/receiver, carrier, and/or
broker; (3) the relationship between
detention time and pick-up/delivery
appointment times; (4) examples of
detention time characteristics as
experienced by commenters; (5) the
relationship between detention time and
HOS regulations; (6) the impact of
detention time on logistics and the
economy; (7) the impact of detention
time on driver welfare; (8) the impact of
detention time on driver and roadway
user safety; (9) suggestions and support
for detention time-related regulations;
(10) considerations for defining and
quantifying detention time and
collecting necessary data; and (11)
general support for the study. Responses
to these issues are provided below.
Many comments touched on multiple
issues; however, the responses below
are organized based on the primary
feedback provided.
The Relationship between Detention
Time and Driver Compensation
Two-thirds of the comments
described a relationship between
detention time and driver
compensation. The comments included
descriptions of current pay structures,
including driver pay modality (i.e., pay
by mile, load, or hour) and detentionspecific compensation (e.g., pay per
detainment, maximum pay, proportion
of detainment-related pay received by
driver, etc.). The comments reflected
hypotheses that current pay structures
impact detention frequency and severity
and that detention frequency and
severity, in turn, also affect driver
compensation. Several comments also
included proposed compensation
approaches to address detention
frequency and severity and the resulting
financial impacts on drivers.
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FMCSA believes it is important to
understand the relationship between
driver compensation and detention
time. An assessment of driver
compensation and safety and other
driver-related factors (including
detention time) is the focus of a separate
study sponsored by FMCSA and
conducted by the Transportation
Research Board. The study outlined in
this notice is focused on the
relationship between driver detention
time, safety, and operations. FMCSA
believes these studies will complement
each other and provide vital information
on detention time.
Organizational Issues at The Shipper/
Receiver, Carrier, and/or Broker
A total of 78 comments described
organizational issues at the shipper/
receiver, carrier, and/or broker level and
their impacts on detention time. These
comments included inefficiencies at
shippers/receivers that increase
detention time (e.g., understaffed
shipper/receiver facilities leading to
backups in loading/unloading; difficult
driver check-in procedures adding to
time spent at a facility; products being
processed at loading, which extends the
loading time; shippers/receivers not
honoring appointment times; lack of
room in storage facilities for products to
be unloaded; appointment times
scheduled for facility shift changes or
breaks; and overloading the truck).
Comments also described poor
communication and unequal power
dynamics between shippers/receivers,
drivers, and carriers/brokers regarding
expected loading/unloading times and
detention times. Several comments
described difficulties obtaining verified
documentation of detention time due to
complicated paperwork and concern for
adding waiting time to have paperwork
completed. A few comments touched on
leased warehouses and the potential
impact on detention time.
These comments illustrate the need to
collect data on loading/unloading time,
active dwell time, and detention time.
The study outlined in this notice will
collect this data through multiple
methods: driver self-report, TMS data
(such as shipper/receiver, order pickup/delivery locations, appointment
time, billed amount for detention time,
etc.), and telematics/ELD data (such as
latitude and longitude and duty status).
In addition, analyses in the study will
consider carrier fleet size, operation
type, geographic location, time of year,
facility type, and other key features to
determine their impacts on detention
time and safety. Some comments
proposed solutions to reduce detention
time, but the study will only collect data
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on detention time as it occurs, without
attempting to determine the
effectiveness of alternative methods of
reducing detention time.
The Relationship Between Detention
Time and Pick-Up/Delivery
Appointment Times
A total of 27 comments touched on
the relationship between detention time
and pick-up/delivery appointment
times. The comments included
discussions of appointment times not
being honored at pick-up/delivery
locations, unrealistic scheduled
appointment times, and the impact of
detention time on the remaining pickup/delivery appointment times
scheduled for the day or week. The
study will collect data on appointment
times (if applicable) through the
carriers’ TMS. The data will be analyzed
to assess whether detention time varies
for pick-ups/deliveries with and
without appointment times.
Shared Examples of Detention Time
Characteristics as Experienced by
Commenters
A total of 49 comments provided
detailed examples of detention time as
experienced by commenters, some
describing typical situations, with
others describing atypical but
significant situations, including reports
of detention time lasting 24 hours. The
study will capture detention time
reports from up to 2,500 drivers over a
year of driving. The detention time data
will be assessed to understand the full
spectrum of detention time experienced
by the participating carriers and drivers.
The Relationship Between Detention
Time and Hours-of-Service Regulations
A total of 41 comments described the
relationship between detention time and
HOS regulations. At a high level, HOS
regulations provide legal boundaries on
daily and weekly driving and working
hours. The comments described the
difficulty in capturing detention time
using standard HOS regulation duty
statuses. When waiting at shippers/
receivers, drivers often need to remain
vigilant for their opportunity to load/
unload, and they might use this time to
perform non-driving work, which means
they are not truly ‘‘off duty.’’ However,
remaining ‘‘on duty’’ for detention time
can use a significant portion of drivers’
regulated workday hours, limiting their
opportunities to work or drive after they
leave the shipper/receiver. After
experiencing detention time, drivers
also feel impacted by HOS limits when
needing to drive to a safe resting
location. Comments included
discussion of falsifying logs after
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12415
detention time. The study will capture
information on drive time, work time,
and HOS-related violations through ELD
data and driver self-reports via
prompted electronic questions.
Additionally, the study will collect data
on all activity while the vehicle is at a
delivery/pickup location to account for
drivers who go off-duty while detained.
These data will provide a better
understanding of the relationship
detention time has with HOS
regulations.
Impact of Detention Time on Logistics
and the Economy
Ten comments discussed the impact
of detention time on logistics and the
economy. Previous studies have
estimated the impacts of detention time
on industry earnings and society as a
whole. The comments explained that
detention time causes supply chain
issues, impacts efficiency, and reduces
time available to make additional pickups and deliveries, and can reduce the
quality of goods, leading to products
being rejected by the receiver upon
delivery. Additionally, drivers often use
fuel while waiting to load/unload. The
study outlined in this notice will
investigate the costs of driver detention
time in terms of lost productivity and
disruptions to the supply chain.
The Impact of Detention Time on Driver
Welfare
There were 66 comments that
discussed the impact of detention time
on driver welfare. Drivers who
experience detention time may find
themselves unexpectedly needing to
complete their route at night.
Commenters reported not being allowed
to rest while waiting to load/unload and
not being allowed to rest at the shipper/
receiver after detention time, forcing
them to return to the roadway to find
safe parking. Commenters mentioned
that drivers are often not granted access
to essential facilities, such as restrooms
or vending machines (possibly as a
coronavirus disease mitigation strategy),
and yet they also cannot leave the
shipper/receiver without risking their
place in line. For all these reasons,
detention time can increase fatigue and
cause stress, frustration, and anger.
Several comments discussed the Fair
Labor Standards Act (FLSA), which
regulates minimum wage and overtime
pay for private and government
employees. Drivers are exempt from
FLSA laws. The impact of detention
time on driver welfare, while outside
the scope of the current study, is an
important topic and may be examined
in a follow-up study.
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The Impact of Detention Time on Driver
and Roadway User Safety
A total of 73 comments discussed the
impact of detention time on driver and
roadway user safety. After experiencing
detention time, drivers may be inclined
to drive aggressively and/or over the
speed limits to stay within their HOS
regulatory limits, arrive at the next
appointment on time, or return home.
The comments described how detention
time can lead to fatigued driving,
driving during hours outside a driver’s
regular schedule (such as at night),
unpredictable sleep schedules, and road
rage.
The study will capture information on
safety-related events through insurance
claims data, Federal crash data,
telematics data, and driver self-reports
via prompted electronic questions. The
study will link the safety-related event
data to detention time data and assess
whether driver detention influences the
likelihood of crashes and fatigue.
Suggestions and Support for Detention
Time-Related Regulations
A total of 41 comments provided
suggestions and/or support for detention
time-related regulations, including
potential regulations addressing driver
pay, use of appointment times versus
open pick-up/delivery windows,
shipper/receiver facility maintenance
and upgrades to improve efficiency, the
use of leased warehouses,
standardization of detention time
documentation on pick-up/deliveryrelated paperwork, the FLSA,
reasonable wait times, fines for
shippers/receivers who go beyond a
federally established wait time limit,
and the creation of a Federal and/or
publicly-accessible database that
documents shipper/receiver detention
time behavior. FMCSA believes the
study outlined in this notice is essential
to obtaining a full and updated
understanding of detention time, which
will help identify solutions to the
problem.
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Considerations for Defining and
Quantifying Detention Time and
Collecting Necessary Data
Five comments raised concerns
regarding how to define detention time,
accurately quantify detention time
according to a standard definition, and
collect the necessary data to conduct the
study analyses. The definition of
detention time has varied across
industry, government, and research;
however, it generally includes
components regarding the time the
driver has been at the shipper/receiver,
the duty status of the driver, and
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loading/unloading progress. The
comments emphasized that the study
needs to collect accurate data. The
current study will collect detention time
data through multiple methods: driver
self-report, TMS data (such as shipper/
receiver, order pick-up/delivery
locations, appointment times, scheduled
and planned arrival and departure
times, billed amounts for detention
time, etc.), and telematics/ELD data
(such as latitude and longitude). The
study will use GPS data and geofenced
shipper/receiver facility data to obtain
arrival and departure information.
One comment suggested broadening
the sample universe to include more
than one telematics service in FMCSA’s
carrier eligibility requirements. The
comment also suggested expanding the
sample universe to include carriers who
do not use telematics services or ELDs.
To collect the necessary data and
answer the study research questions,
carriers must use a telematics and ELD
service. Since the 60-day Federal
Register notice, FMCSA has partnered
with one of the leading TMS, ELD, and
telematics providers used by many
small carriers. While the Agency may
focus recruitment on clients of this
service provider, the study documents
have been revised to allow carriers
using a different provider to participate
if they meet the criteria and can
integrate their platforms with the new
technology provider.
Another comment emphasized the
need to protect personal information
shared by carriers and drivers in the
study. Protecting participant data is of
the utmost importance to FMCSA. The
Agency will take all the necessary
precautions to ensure the confidentiality
of participant data. As part of this
process, all drivers and carriers will be
assigned anonymous identification
numbers to link all datasets. Further,
FMCSA will scrub all datasets of any
information that could potentially
identify participants. Identifying driver
and carrier information will not be
shared with the Agency.
One comment suggested the burden
estimate was too low. However, the data
management and cleaning tasks the
commenter felt had not been accounted
for will not be the responsibility of
participating carriers. FMCSA will
perform the additional data linking and
cleaning tasks not included in the
burden estimate. However, the Agency
has removed the data collection task
that asked carriers’ operation teams to
respond to questions each time an order
is booked, scheduled, or dispatched.
Information that would have been
collected by these questions was
determined to be redundant to
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information collected via the automated
data collection system, and using the
automated data collection system to
collect this information will reduce the
burden on participating carriers.
Support for the Study
Thirteen comments specifically
mentioned support for the study. The
comments expressed the importance of
collecting accurate and representative
data, highlighting how updated
detention time assessments could be
utilized to address the frequency and
severity of detention time. FMCSA
believes this is an important study that
will provide a critical and updated
understanding of detention time across
various segments of the industry.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2024–03256 Filed 2–15–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0265]
Agency Information Collection
Activities; Revision of an Approved
Information Collection: Application for
Certificate of Registration for Foreign
Motor Carriers and Foreign Motor
Private Carriers
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. FMCSA requests approval to
renew the ICR titled, ‘‘Application for
Certificate of Registration for Foreign
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Notices]
[Pages 12413-12416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03256]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0172]
Agency Information Collection Activities; Approval of a New
Information Collection Request: Impact of Driver Detention Time on
Safety and Operations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval.
This notice invites comments on a proposed information collection
titled Impact of Driver Detention Time on Safety and Operations. This
research study will collect data on commercial motor vehicle (CMV)
driver detention time representative of the major segments of the motor
carrier industry, analyze that data to determine the frequency and
severity of detention time, and assess the utility of existing
intelligent transportation systems (ITS) solutions to measure detention
time. Approximately 80 carriers and 2,500 CMV drivers will provide data
in the study. The study will provide a better understanding of the
impact of driver detention time on driver safety and CMV operations and
inform strategies that may be used to mitigate driver detention time.
The number of public comments received in response to the 60-day FR
notice was 171.
DATES: Comments on this notice must be received on or before March 18,
2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Dan Britton, Mathematical
Statistician, Office of Research and Registration, DOT, FMCSA, 6th
Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001; 202-366-9980; [email protected].
SUPPLEMENTARY INFORMATION:
Title: Impact of Driver Detention Time on Safety and Operations.
OMB Control Number: 2126-00XX.
Type of Request: New ICR.
Respondents: CMV carriers and drivers.
Estimated Number of Respondents: 80 CMV carriers and 2,500 CMV
drivers.
Estimated Time per Response: 30 seconds (for drivers and CMV
carrier operation team).
Expiration Date: This is a new ICR.
Frequency of Response: Once per delivery/pick-up.
Estimated Total Annual Burden: 7,869.17 hours.
Background
``Detention time'' refers to the extra time CMV operators wait at
shipping and receiving facilities due to delays not associated with the
loading and unloading of cargo. Drivers are often not paid for this
extra time. Although there is currently no standard definition of
detention time, the CMV industry, the U.S. Government, and academic
researchers in the United States have previously used dwell time--the
total amount of time spent at a facility--exceeding 2 hours to define
when detention time occurs.
Detention time in the CMV industry is a longstanding issue and
consistently ranks as one of the top problems for a large portion of
CMV operators on an
[[Page 12414]]
ongoing basis. Further, detention time often results in lost revenue
for many drivers and carriers. Reducing detention time may reduce costs
for carriers, increase pay for drivers, and improve CMV drivers'
ability to make deliveries on time or arrive at a destination as
planned without violating hours of service (HOS) requirements. Finally,
drivers who experience less detention time may be more likely to drive
safely to reach their destinations within the HOS limits and less
likely to operate beyond HOS limits and improperly log their driving
and duty time to make deliveries on time.
An important first step in addressing detention time is
understanding the factors that contribute to the issue. FMCSA completed
a study in 2014 on the impact of detention time on CMV safety. Although
this study provided valuable initial insights, it had several
limitations, including a small sample of mostly large carriers, a
rudimentary estimation of detention time, the inability to identify
time spent loading/unloading, and data that did not cover an entire 12-
month period. Therefore, FMCSA needs additional data from a broader
sample of carriers to understand the safety and operational impact of
detention time, to better understand why detention time occurs, and to
identify potential mitigation strategies the CMV industry may use to
reduce detention time while improving operational efficiencies and
safety.
The purpose of obtaining data in this study is to evaluate the
impact of driver detention time on safety and CMV operations.
Specifically, there are three primary objectives for the data
collection in this study: (1) assess the frequency and severity of
driver detention time using data that represent the major segments of
the motor carrier industry; (2) assess the utility of existing ITS
solutions to measure detention time; and (3) prepare a final report
that summarizes the findings, answers the research questions, and
offers strategies to reduce detention time. Completing these research
objectives will provide insight into any relationship between driver
detention time and CMV safety. Additionally, the findings from this
study can contribute to a more complete understanding of these issues
and facilitate private sector decisions that lead to reductions in
detention time and improvements in safety and supply chain efficiency.
The study includes data collection via electronic logging devices
(ELDs), transportation management systems (TMS), vehicle telematic
systems, safety records, and answers to questions delivered through the
carriers' dispatching systems. The ELD, TMS, telematics, and safety
data are already collected by carriers. The only additional data that
will be collected will be the answers to questions submitted through
the carriers' dispatching systems. This information will allow FMCSA to
identify the severity and frequency of detention time, the factors that
contribute to detention time, and the administrative, operational, and
safety outcomes of detention time. After agreeing to participate in the
study, carriers will collect and provide 12 months of data.
The carriers will be selected so that the sample is representative
of the nation. Carriers will be selected from those who use an ELD,
TMS, and telematics device or app that is integrated with the research
team's data collection system for delivery/pickup details, telematics
and vehicle tracking metrics, and ELD data. However, the study may
include other carriers that express interest in participating if they
use an ELD, TMS, and telematics device that can be integrated with the
research team's system to collect data. These data are critical to
answer the research questions. The final sample from this source will
include up to 80 carriers with up to 2,500 total vehicles. This sample
will include a variety of carrier operations, including long haul/short
haul, private/company fleets and for-hire fleets, port servicing
(primarily chassis), owner-operators, hourly and mileage-based
operators, truckload/less-than-truckload, and dedicated local delivery.
These carriers will range in size from single-vehicle owner-operators
to carriers with hundreds of trucks, with a likely average fleet size
of approximately 30 vehicles. Multiple analyses will be performed,
including assessing the relationships between detention time and
characteristics of carriers, facility locations, and driver schedules
(appointment times, time of day, day of week, month, and season).
Measures of detention time will include the number of detained stops
per shift and the duration of each detention. Regression models will be
used to compare these variables for significant differences in
associated detention time.
Another analysis will examine the relationship between detention
time and safety outcomes during the shifts following the detention
time. The relationships between detention time and safety outcomes will
be evaluated by generalized linear models such as Poisson or negative
binomial regression models. The independent variables will be the
characteristics of detention time, such as detention time per shift.
The response variable will be the number of safety outcomes (e.g.,
crashes) that occurred during the subsequent shift. The driving time
will be treated as an exposure variable to normalize crash risk with
respect to driving time.
Finally, the study will estimate the cost per year associated with
detention time, including lost productivity, disruptions to the supply
chain, and any increases in fatal, injury, and property-damage-only
crashes.
FMCSA published the 60-day Federal Register notice on August 24,
2023, and the comment period closed on October 24, 2023 (88 FR 58060).
A total of 171 comments were received from the public. These comments
revolved around 11 issues, with many comments covering more than one
issue, to varying degrees: (1) the relationship between detention time
and driver compensation; (2) organizational issues at the shipper/
receiver, carrier, and/or broker; (3) the relationship between
detention time and pick-up/delivery appointment times; (4) examples of
detention time characteristics as experienced by commenters; (5) the
relationship between detention time and HOS regulations; (6) the impact
of detention time on logistics and the economy; (7) the impact of
detention time on driver welfare; (8) the impact of detention time on
driver and roadway user safety; (9) suggestions and support for
detention time-related regulations; (10) considerations for defining
and quantifying detention time and collecting necessary data; and (11)
general support for the study. Responses to these issues are provided
below. Many comments touched on multiple issues; however, the responses
below are organized based on the primary feedback provided.
The Relationship between Detention Time and Driver Compensation
Two-thirds of the comments described a relationship between
detention time and driver compensation. The comments included
descriptions of current pay structures, including driver pay modality
(i.e., pay by mile, load, or hour) and detention-specific compensation
(e.g., pay per detainment, maximum pay, proportion of detainment-
related pay received by driver, etc.). The comments reflected
hypotheses that current pay structures impact detention frequency and
severity and that detention frequency and severity, in turn, also
affect driver compensation. Several comments also included proposed
compensation approaches to address detention frequency and severity and
the resulting financial impacts on drivers.
[[Page 12415]]
FMCSA believes it is important to understand the relationship
between driver compensation and detention time. An assessment of driver
compensation and safety and other driver-related factors (including
detention time) is the focus of a separate study sponsored by FMCSA and
conducted by the Transportation Research Board. The study outlined in
this notice is focused on the relationship between driver detention
time, safety, and operations. FMCSA believes these studies will
complement each other and provide vital information on detention time.
Organizational Issues at The Shipper/Receiver, Carrier, and/or Broker
A total of 78 comments described organizational issues at the
shipper/receiver, carrier, and/or broker level and their impacts on
detention time. These comments included inefficiencies at shippers/
receivers that increase detention time (e.g., understaffed shipper/
receiver facilities leading to backups in loading/unloading; difficult
driver check-in procedures adding to time spent at a facility; products
being processed at loading, which extends the loading time; shippers/
receivers not honoring appointment times; lack of room in storage
facilities for products to be unloaded; appointment times scheduled for
facility shift changes or breaks; and overloading the truck). Comments
also described poor communication and unequal power dynamics between
shippers/receivers, drivers, and carriers/brokers regarding expected
loading/unloading times and detention times. Several comments described
difficulties obtaining verified documentation of detention time due to
complicated paperwork and concern for adding waiting time to have
paperwork completed. A few comments touched on leased warehouses and
the potential impact on detention time.
These comments illustrate the need to collect data on loading/
unloading time, active dwell time, and detention time. The study
outlined in this notice will collect this data through multiple
methods: driver self-report, TMS data (such as shipper/receiver, order
pick-up/delivery locations, appointment time, billed amount for
detention time, etc.), and telematics/ELD data (such as latitude and
longitude and duty status). In addition, analyses in the study will
consider carrier fleet size, operation type, geographic location, time
of year, facility type, and other key features to determine their
impacts on detention time and safety. Some comments proposed solutions
to reduce detention time, but the study will only collect data on
detention time as it occurs, without attempting to determine the
effectiveness of alternative methods of reducing detention time.
The Relationship Between Detention Time and Pick-Up/Delivery
Appointment Times
A total of 27 comments touched on the relationship between
detention time and pick-up/delivery appointment times. The comments
included discussions of appointment times not being honored at pick-up/
delivery locations, unrealistic scheduled appointment times, and the
impact of detention time on the remaining pick-up/delivery appointment
times scheduled for the day or week. The study will collect data on
appointment times (if applicable) through the carriers' TMS. The data
will be analyzed to assess whether detention time varies for pick-ups/
deliveries with and without appointment times.
Shared Examples of Detention Time Characteristics as Experienced by
Commenters
A total of 49 comments provided detailed examples of detention time
as experienced by commenters, some describing typical situations, with
others describing atypical but significant situations, including
reports of detention time lasting 24 hours. The study will capture
detention time reports from up to 2,500 drivers over a year of driving.
The detention time data will be assessed to understand the full
spectrum of detention time experienced by the participating carriers
and drivers.
The Relationship Between Detention Time and Hours-of-Service
Regulations
A total of 41 comments described the relationship between detention
time and HOS regulations. At a high level, HOS regulations provide
legal boundaries on daily and weekly driving and working hours. The
comments described the difficulty in capturing detention time using
standard HOS regulation duty statuses. When waiting at shippers/
receivers, drivers often need to remain vigilant for their opportunity
to load/unload, and they might use this time to perform non-driving
work, which means they are not truly ``off duty.'' However, remaining
``on duty'' for detention time can use a significant portion of
drivers' regulated workday hours, limiting their opportunities to work
or drive after they leave the shipper/receiver. After experiencing
detention time, drivers also feel impacted by HOS limits when needing
to drive to a safe resting location. Comments included discussion of
falsifying logs after detention time. The study will capture
information on drive time, work time, and HOS-related violations
through ELD data and driver self-reports via prompted electronic
questions. Additionally, the study will collect data on all activity
while the vehicle is at a delivery/pickup location to account for
drivers who go off-duty while detained. These data will provide a
better understanding of the relationship detention time has with HOS
regulations.
Impact of Detention Time on Logistics and the Economy
Ten comments discussed the impact of detention time on logistics
and the economy. Previous studies have estimated the impacts of
detention time on industry earnings and society as a whole. The
comments explained that detention time causes supply chain issues,
impacts efficiency, and reduces time available to make additional pick-
ups and deliveries, and can reduce the quality of goods, leading to
products being rejected by the receiver upon delivery. Additionally,
drivers often use fuel while waiting to load/unload. The study outlined
in this notice will investigate the costs of driver detention time in
terms of lost productivity and disruptions to the supply chain.
The Impact of Detention Time on Driver Welfare
There were 66 comments that discussed the impact of detention time
on driver welfare. Drivers who experience detention time may find
themselves unexpectedly needing to complete their route at night.
Commenters reported not being allowed to rest while waiting to load/
unload and not being allowed to rest at the shipper/receiver after
detention time, forcing them to return to the roadway to find safe
parking. Commenters mentioned that drivers are often not granted access
to essential facilities, such as restrooms or vending machines
(possibly as a coronavirus disease mitigation strategy), and yet they
also cannot leave the shipper/receiver without risking their place in
line. For all these reasons, detention time can increase fatigue and
cause stress, frustration, and anger. Several comments discussed the
Fair Labor Standards Act (FLSA), which regulates minimum wage and
overtime pay for private and government employees. Drivers are exempt
from FLSA laws. The impact of detention time on driver welfare, while
outside the scope of the current study, is an important topic and may
be examined in a follow-up study.
[[Page 12416]]
The Impact of Detention Time on Driver and Roadway User Safety
A total of 73 comments discussed the impact of detention time on
driver and roadway user safety. After experiencing detention time,
drivers may be inclined to drive aggressively and/or over the speed
limits to stay within their HOS regulatory limits, arrive at the next
appointment on time, or return home. The comments described how
detention time can lead to fatigued driving, driving during hours
outside a driver's regular schedule (such as at night), unpredictable
sleep schedules, and road rage.
The study will capture information on safety-related events through
insurance claims data, Federal crash data, telematics data, and driver
self-reports via prompted electronic questions. The study will link the
safety-related event data to detention time data and assess whether
driver detention influences the likelihood of crashes and fatigue.
Suggestions and Support for Detention Time-Related Regulations
A total of 41 comments provided suggestions and/or support for
detention time-related regulations, including potential regulations
addressing driver pay, use of appointment times versus open pick-up/
delivery windows, shipper/receiver facility maintenance and upgrades to
improve efficiency, the use of leased warehouses, standardization of
detention time documentation on pick-up/delivery-related paperwork, the
FLSA, reasonable wait times, fines for shippers/receivers who go beyond
a federally established wait time limit, and the creation of a Federal
and/or publicly-accessible database that documents shipper/receiver
detention time behavior. FMCSA believes the study outlined in this
notice is essential to obtaining a full and updated understanding of
detention time, which will help identify solutions to the problem.
Considerations for Defining and Quantifying Detention Time and
Collecting Necessary Data
Five comments raised concerns regarding how to define detention
time, accurately quantify detention time according to a standard
definition, and collect the necessary data to conduct the study
analyses. The definition of detention time has varied across industry,
government, and research; however, it generally includes components
regarding the time the driver has been at the shipper/receiver, the
duty status of the driver, and loading/unloading progress. The comments
emphasized that the study needs to collect accurate data. The current
study will collect detention time data through multiple methods: driver
self-report, TMS data (such as shipper/receiver, order pick-up/delivery
locations, appointment times, scheduled and planned arrival and
departure times, billed amounts for detention time, etc.), and
telematics/ELD data (such as latitude and longitude). The study will
use GPS data and geofenced shipper/receiver facility data to obtain
arrival and departure information.
One comment suggested broadening the sample universe to include
more than one telematics service in FMCSA's carrier eligibility
requirements. The comment also suggested expanding the sample universe
to include carriers who do not use telematics services or ELDs. To
collect the necessary data and answer the study research questions,
carriers must use a telematics and ELD service. Since the 60-day
Federal Register notice, FMCSA has partnered with one of the leading
TMS, ELD, and telematics providers used by many small carriers. While
the Agency may focus recruitment on clients of this service provider,
the study documents have been revised to allow carriers using a
different provider to participate if they meet the criteria and can
integrate their platforms with the new technology provider.
Another comment emphasized the need to protect personal information
shared by carriers and drivers in the study. Protecting participant
data is of the utmost importance to FMCSA. The Agency will take all the
necessary precautions to ensure the confidentiality of participant
data. As part of this process, all drivers and carriers will be
assigned anonymous identification numbers to link all datasets.
Further, FMCSA will scrub all datasets of any information that could
potentially identify participants. Identifying driver and carrier
information will not be shared with the Agency.
One comment suggested the burden estimate was too low. However, the
data management and cleaning tasks the commenter felt had not been
accounted for will not be the responsibility of participating carriers.
FMCSA will perform the additional data linking and cleaning tasks not
included in the burden estimate. However, the Agency has removed the
data collection task that asked carriers' operation teams to respond to
questions each time an order is booked, scheduled, or dispatched.
Information that would have been collected by these questions was
determined to be redundant to information collected via the automated
data collection system, and using the automated data collection system
to collect this information will reduce the burden on participating
carriers.
Support for the Study
Thirteen comments specifically mentioned support for the study. The
comments expressed the importance of collecting accurate and
representative data, highlighting how updated detention time
assessments could be utilized to address the frequency and severity of
detention time. FMCSA believes this is an important study that will
provide a critical and updated understanding of detention time across
various segments of the industry.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-03256 Filed 2-15-24; 8:45 am]
BILLING CODE 4910-EX-P
