[Federal Register: March 11, 1998 (Volume 63, Number 47)] [Notices] [Page 11948-11949] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11mr98-113] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA-98-3393] Notice of Request for Renewal of an Existing Information Collection; Federal Motor Carrier Safety Regulations, Driver's Record of Duty Status AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3051, 3506(c)(2)(A)), the FHWA is requesting public comment on its intent to ask the Office of Management and Budget (OMB) to reapprove the soon to expire information collection that documents information on commercial motor vehicle drivers hours of service. DATES: Submit on or before May 11, 1998. ADDRESSES: Signed, written comments must refer to the docket number appearing at the top of this document and must be submitted to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. All comments received will be available for examination at the above address between 10 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped envelope or postcard. FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund or Mr. David R. Miller, Office of Motor Carrier Research and Standards, (202) 366-4009, Department of Transportation, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Availability Internet users may access all comments received by the U.S. DOT Dockets, Room PL-401, by using the universal resource locator (URL): http://dms.dot.gov. It is available 24 hours each day, 365 days each year. You may download an electronic copy of this document using a modem and suitable communications software from the Federal Register electronic bulletin board service (telephone number: 202-512-1661). Internet users may reach the Federal Register's home page at: http:/ [[Page 11949]] /www.nara.gov/nara/fedreg and the Government Printing Office's database at: http://www.access.gpo.gov/su----docs. Title: Driver's Record of Duty Status. OMB Number: 2125-0016. Background: For the last 60 years, the FHWA, and its predecessor, the Interstate Commerce Commission (ICC), have required motor carriers operating in interstate commerce to require their drivers to limit the driver's hours of service. This is to ensure the drivers do not operate CMVs while fatigued and possibly cause crashes. The principal method used to track the driver's hours of service has been to record the hours worked, driven, and at rest on paper Records of Duty Status, commonly known as log books. See 49 U.S.C. 31502 and 49 CFR part 395. The record shows how long a driver has been on duty and driving, and how long the driver has had rest in a sleeper berth and time off duty. This record helps motor carriers know how much longer the driver may legally operate vehicles before the law assumes the driver is fatigued, as determined by research done in the late 1930's and regulations adopted at that time. The motor carriers would then know when the drivers must stop driving to obtain rest. The regulations require drivers to show local law enforcement officials and Federal agents the driver's true and accurate record of the drivers' duty activities, to the closest 15 minutes, within each 24-hour period. This record also helps law enforcement officials determine whether the driver may likely be operating a motor vehicle while fatigued. See 49 CFR 395.8. The ICC and the FHWA have general statutory authority to require such records. The records have never been expressly mandated by statute. In 1952, the ICC adopted rules to allow motor carriers to record some drivers' hours of service on time cards or time sheets in place of log books. This exception was available to drivers operating within a 50-mile radius of the driver's garage or terminal where the driver reports for work. See 49 CFR 395.1(e). This exception was made a separate information collection entitled ``Time Records'' and has been assigned OMB No. 2125-0196. Within the last 20 years, there was a change that allowed drivers/carriers to use their own forms rather than the format prescribed by the FHWA's predecessor motor carriers organization, the Bureau of Motor Carrier Safety. In 1980, the FHWA expanded the 50-mile radius to a 100 mile radius. In this same rulemaking, the FHWA began to require motor carriers to maintain and retain documents the carriers obtained or received, in the normal course of business, supporting the validity of the record of duty status. See 49 CFR 395.8(k)(2). In 1982, the FHWA reduced the retention period for the log book and the supporting documents from one year to 6 months. See 49 CFR 395.8(k)(2). For the first 51 years, the ICC and later the FHWA only allowed motor carriers and drivers to prepare paper log books. In 1988, the FHWA adopted rules to allow motor carriers to choose to use automatic on-board recording devices in place of the paper log book. Again, this was done at the FHWA's discretion and not by an express mandate by statute. See 49 CFR 395.15. In 1994, new information collection requirements for records of duty status were mandated by section 113 of the Hazardous Materials Transportation Authorization Act of 1994 (Pub. L. 103-311, 108 Stat. 1676). This statute requires each written or electronic document being used as a supporting document to include either the driver's name or vehicle number. This would require motor carriers to ensure the driver's name or vehicle number is also on each document used to verify driver record of duty status. The statute also requires the supporting document must be kept for at least six months. The FHWA has not yet published a proposal requiring the mandated information collection. The FHWA will publish an NPRM for the mandated information related to the driver's record of duty status documents, and will request a modification to this information collection at that time. In 1995, section 408 of the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat. 803, 958) required the FHWA to issue an ANPRM addressing the FHWA's current hours of service regulations. The FHWA published this ANPRM on November 5, 1996 (61 FR 57252). This rulemaking may substantially modify the information collection burdens contained in this information collection. The FHWA expects to publish an NPRM in this action (RIN 2125-AD93) in the winter, 1999. Respondents: Motor carriers and drivers. Estimated Total Annual Burden Per Record: 16,978,607 hours. The FHWA has separated this total into the following three subtotals: Records of Duty Status (Paper Log Books)--15,671,303 hours Automatic On-board Recording Devices--1,076,100 hours 100 Air-mile Radius Drivers--The FHWA proposes to append the 100 air-mile radius driver time record account, OMB No. 2125-0196, into the OMB No. 2125-0016 account. This would add an additional 231,204 hours. The computations on how the FHWA arrived at these numbers may be found in the docket. Interested parties are invited to send comments regarding any aspect of these information collections. The FHWA considers comments by the public on this proposed collection of information in the following four ways: (1) Evaluating whether the proposed collection of information is necessary for the proper performance of the functions of the FHWA, including whether the information will have a practical use; (2) evaluating the accuracy of the FHWA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) enhancing the quality, usefulness, and clarity of the information to be collected; and (4) minimizing the burden of collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). Authority: 49 U.S.C. 31136, 31141, and 31502 and 49 CFR 1.48. Issued on: March 4, l998. George Moore, Associate Administrator for Administration. [FR Doc. 98-6219 Filed 3-10-98; 8:45 am] BILLING CODE 4910-22-P