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

    The Agency did not include the cost for ELD manufacturers to update
ELD equipment or software. A compliant ELD and its software will not
need to be updated because of this final rule. FMCSA is aware, however,
that some ELD manufacturers have chosen to go beyond the minimum ELD
requirements and provide additional features, such as alerts when a
driver may be close to an HOS violation. FMCSA acknowledges that the
additional features will need to be updated because of the rule, or
risk being inaccurate. ELD manufacturers providing these features have
staff that routinely provides updates and patches to their ELD
software, and transmits those updates directly to the devices on-board
vehicles. Many carriers have subscriptions with companies and will
receive the updated software as soon as practicable. While updating ELD
equipment is not a requirement or direct cost of the rule, it is an
indirect cost attributable to this rule. FMCSA received comments from
ELD manufacturers on the time required to make and distribute software
updates, and discusses those comments in this preamble. FMCSA did not
receive comments addressing the cost of software updates, and considers
updates to be part of normal business practices. Therefore, FMCSA is
not estimating the cost of updating the additional ELD features.
    The Agency did not quantify impacts resulting from any potential
decreases in congestion that may result from the final rule. Allowing
drivers to take breaks at their convenience, such as during times of
heavy traffic congestion, could allow the driver to operate at a

more consistent speed without the starting and stopping that occurs in
heavy traffic. American Transportation Research Institute technical
memorandum demonstrated that avoiding congestion could result in moving
freight the same number of miles in fewer work hours. This could reduce
fuel and vehicle costs for the motor carriers, congestion for the
public by removing large vehicles from the road during peak travel
times, and the incidence of crashes related to congestion. While these
impacts could result from any individual trip, FMCSA cannot estimate
the magnitude or likelihood of these potential impacts for many
reasons. Most notably, these impacts hinge on the availability of CMV
parking. FMCSA is aware that parking is not always available,
especially in urban areas or heavily travelled truck routes.
    Additional non-quantified cost savings include increased
flexibility and a reduction in back office administrative costs
resulting from the extension of the duty day and the air-mile radius
for those operating under the short-haul exception; the increased
options for drivers to respond to adverse driving conditions during the
course of their duty period; and increased flexibility afforded to
drivers, such as increased options with regard to on-duty and off-duty
time resulting from changes to the 30-minute break requirement, and the
sleeper berth provisions.
Summary of Benefits
    The Agency does not anticipate that this final rule will result in
any new regulatory benefits. Additionally, the Agency does not believe
that the rule will result in any reductions in safety benefits or other
regulatory benefits.
30-Minute Break
    The changes to the 30-minute break provision are estimated to be
safety-neutral because both the current rule and the final rule will
prevent CMV operators from driving for more than 8 hours without at
least a 30-minute change in duty status. The distinction is that the
final rule focuses on actual driving time rather than on-duty time,
some of which may not be spent behind the wheel. The Agency discussed
the value of off-duty breaks as compared to on-duty breaks in previous
rulemakings, but did not quantify the safety benefits attributable to
the off-duty break when the break provision was added to the HOS rules
in 2011 (76 FR 81134, Dec. 27, 2011). Further, FMCSA has determined
that the value of off-duty breaks relative to on-duty breaks should be
reconsidered.
    As discussed above and in the RIA, the Agency has carefully
considered the views of numerous commenters requesting exceptions or
removal of the 30-minute break requirement. As a result of the
feedback, and after reviewing available research, FMCSA anticipates
that an on-duty break from driving, will not adversely affect safety
relative to the previous requirements. Based on comments to the ANPRM,
the Agency took another look at the Blanco, et al. (2011), study to
determine the applicability of the study findings to the 30-minute
break requirement. This final rule focuses on achieving a break from
driving as opposed to a break after a certain amount of time on-duty.
For these reasons, the Agency believes that these changes will not have
an impact on the safety benefits of the HOS rules and did not quantify
changes in regulatory benefits for this final rule.
    Alternative 1, which would eliminate the 30-minute break
requirement, seems to be more flexible than the preferred alternative.
However, eliminating the requirement would allow drivers the
opportunity to operate a vehicle for 11 hours without stopping. In
general, FMCSA does not anticipate that drivers would alter their
schedules to such an extent, but would likely take breaks to eat, rest,
etc. However rare of an occurrence 11 continuous hours of driving may
be, FMCSA considers it to be detrimental to safety. As such,
alternative 1 may be more flexible and would result in an equivalent
level of motor carrier cost savings, but would lead to a reduction in
safety benefits relative to the preferred alternative. Therefore, FMCSA
is not finalizing alternative 1.
Sleeper Berth
    As discussed in the RIA and elsewhere in this preamble, there is an
extensive body of research suggesting that split-sleep schedules may
improve safety and productivity, compared to consolidated daytime
sleep.
    This final rule will ensure that drivers using the sleeper berth to
obtain the minimum off-duty time have at least one rest period of a
sufficient length to have restorative benefits to counter fatigue. This
final rule provides drivers with the flexibility to make decisions
regarding their rest that best fits their individual needs, while
continuing to prohibit potential overly-long periods of wakefulness and
duty hours that could lead to fatigue-related crashes.
    As discussed extensively in this preamble, the Agency reviewed the
comments received and studies provided and has determined that the
change will not result in adverse safety outcomes. The available
studies on sleeper berth use highlight the fact that the split sleeper
berth option is a viable and safe alternative to a minimally compliant,
consolidated break of 10 consecutive hours. The current rulemaking
retains a sleeper berth anchor period of sufficient length to give
drivers an opportunity for rest and when combined with the shorter rest
period, to ensure drivers will continue to have 10 hours of time during
each day when they are relieved of all responsibility for performing
work. As such, the Agency anticipates that the increased flexibility in
this final rule will not affect the safety outcomes achieved by the
current sleeper berth provision.
    Alternative 1, which would maintain an \8/2\ split option but
exclude the shorter rest period from the calculation of the 14-hour
driving window, would be more restrictive than the preferred
alternative and allow fewer options for drivers to split their 10 hours
of off-duty time. Based on the research discussed above, a \7/3\ split
option will allow for an adequate rest period and will not impact
safety relative to an \8/2\ split option. Alternative 1 would be more
restrictive, would reduce cost savings associated with the changes, and
would not provide any additional safety benefits relative to the
preferred alternative. Therefore, FMCSA did not propose alternative 1.
    Alternative 2, which would allow a \7/3\ split option but include
the shorter rest period in the calculation of the 14-hour driving
window, is more restrictive than the preferred alternative. Under this
alternative, a driver would be required to stop driving 14 hours after
coming on-duty (excluding the 7 hours spent in the sleeper berth),
regardless of the fact that another 3 off-duty hours were resting.
Based on results in the Blanco study (2011), FMCSA believes that
excluding the shorter rest period from the calculation of the 14-hour
driving window would not reduce safety relative to the preferred
alternative. The Blanco study showed that the SCE rate increased
modestly with increasing work and driving hours. 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 achieved when drivers take breaks from driving. This
was a key finding in the Blanco study and clearly shows that breaks can
ameliorate the negative impacts associated with fatigue and time on
task. As such, alternative 2 would be more restrictive, reduce cost
savings associated with the rule, and would not provide any additional
safety

benefits relative to the preferred alternative. Therefore, FMCSA did
not propose alternative 2.
Short-Haul Operations
    The IIHS conducted a study in North Carolina in 2017 and found that
interstate truck drivers operating under the short-haul exception had a
crash risk 383 percent higher than those not using the exception. They
recommended that, due to this finding, the Agency should not propose an
extension of the short-haul exception from 12 to 14 hours. FMCSA
reviewed the study and noted that while the finding was statistically
significant, it was based on a very small sample size, which prevented
the author from estimating a matched-pair odds ratio restricted to
drivers operating under a short-haul exception, and was not nationally
representative. Further, the authors noted that other related factors
unobserved in the study may have led to this result. For example, it is
possible that older or more poorly maintained trucks are used in local
operations. Regardless, because FMCSA's number one priority is safety,
the Agency investigated the safety implications of the rule using
available data.
    Congress passed the Fixing America's Surface Transportation (FAST)
Act on December 4, 2015. Among other things, it requires that drivers
of ready-mixed concrete delivery trucks be exempted from the
requirement to return to their normal work-reporting location after 12
hours of coming on-duty. Beginning on December 5, 2015, operators of
concrete mixer trucks met the requirements for the short-haul exception
if they returned to their normal work reporting location within 14
hours after coming on-duty. MCMIS contains data on crashes based on
vehicle type, allowing the Agency to isolate crashes involving concrete
mixer trucks both before and after the congressionally mandated changes
to the short-haul exception that mirror this change to extend the 12-
hour limit for all short-haul operators.
    The Agency first focused on the time of day when crashes occurred.
Assuming most concrete mixer trucks are operated on a schedule with a
workday that begins in the morning hours and ends in the evening hours,
those crashes that occur in the later part of the day would occur
towards the end of the 12- or 14-hour workday for the concrete mixer
driver. FMCSA found that the percentage of concrete mixers in crashes
at later hours of the day (5:00 p.m. to 11:59 p.m.--when drivers are
more likely to be close to their maximum hours for the day) has been
declining in recent years, falling from 7.6 percent in 2013 to 5.8
percent in 2017.
    FMCSA also examined the total number of crashes that involved
concrete mixer trucks for the 2 years before and after the
congressionally mandated change went into effect. From December 4,
2013, through December 3, 2015, there were 2,723 concrete mixers
involved in crashes, or 0.907 percent of the total large trucks
involved in crashes (2,723 concrete mixers involved in crashes/300,324
large trucks, including concrete mixers, involved in crashes). From
December 4, 2015, through December 2, 2017, there were 2,955 concrete
mixers involved in crashes, or 0.919 percent of the total large trucks
involved in crashes (2,955 concrete mixers involved in crashes/321,471
large trucks, including concrete mixers, involved in crashes). A Chi-
square test suggests that this very minor increase in the concrete
mixer share of the total is not statistically significant at the p<
0.05 level. Both analyses suggest that the implementation of the Fixing
America's Surface Transportation Act on December 4, 2015, did not
increase the share of concrete mixers involved in crashes when
extending the short-haul exception requirement from 12 to 14 hours.
    Some commenters to the NPRM did not agree with the Agency's use of
the concrete mixer analysis discussed above based on its lack of direct
correlation to the short-haul population. FMCSA did not claim that the
analysis is definitive, or that the population of concrete mixers is
representative of all short-haul operations. Instead, the analysis was
offered as the best available data with a before and after comparison
of changes like the changes proposed in the NPRM. FMCSA did not receive
comments with additional data on the impact that the proposal rule
would have on crash rates.
    FMCSA does not anticipate that extending the air-mile radius will
result in an increase in aggregate VMT. While more drivers or more
trips would now be eligible for the short-haul exception, and thus
excluded from the requirement to take a 30-minute break or prepare
daily RODS, the total costs of freight transportation would likely not
change to such an extent that the quantity of trucking services
demanded would increase. Aggregate CMV VMT is determined by many
factors, including market demand for transportation. FMCSA does not
anticipate that the changes in this final rule would lower costs or
prices to such an extent that it would stimulate demand in the freight
market, but acknowledges that freight loads may shift from one carrier
or driver to another. Because total VMT is not expected to increase,
and the changes to the short-haul exception will not extend the workday
beyond the current long-haul driving window, the Agency does not
anticipate changes in exposure or crash risk.
    Additionally, the Agency emphasizes the changes to the short-haul
exception in this final rule will not allow any additional drive time,
or allow driving after the 14th hour from the beginning of the duty
day. Drivers also will still be subject to the ``weekly'' limits of 60
and 70 hours, and the employer must maintain accurate time records
showing when the driver reports for work and is released from duty each
day. FMCSA therefore anticipates that this final rule will not affect
the crash risk of drivers operating under the short-haul exception.
    Alternative 1, which would extend the time required for drivers to
return to their work reporting location from 12 to 14 hours but
continue to maintain a 100 air-mile radius requirement, would reduce
the population of drivers eligible for the short-haul exception,
compared to the preferred alternative. As discussed above, FMCSA does
not anticipate that changing the air-mile radius from 100 to 150 air-
miles will impact safety. Alternative 1 would therefore be more
restrictive, reduce any cost savings associated with the rule, and
would not provide any additional safety benefits relative to the
preferred alternative. Thus, FMCSA did not finalize alternative 1.
Adverse Driving Conditions
    The Agency defines ``adverse driving conditions'' in Sec.  395.2 as
``snow, sleet, fog, other adverse weather conditions, a highway covered
with snow or ice, or unusual road and traffic conditions, none of which
were apparent based on information known to the person dispatching the
run at the time it was begun.'' The previous adverse driving condition
rule gave drivers 2 additional hours of driving time to help them avoid
rushing to either stay ahead of adverse driving conditions, make up for
lost time due to poor conditions, or allow drivers time to locate a
safe place to stop and wait out the adverse driving conditions. The
Agency anticipates that this final rule and the extension of the
driving window by 2 hours will enhance this goal by giving drivers
greater flexibility to use their extended driving time without worrying
about the closing driving window. While the Agency is not aware of any
research that is specific to the impact of adverse driving conditions
on crash risk, the flexibility provided in the final rule will allow
drivers to make decisions based

on current conditions without penalizing them by ``shortening'' their
driving window. Further, the Agency stresses that this change will not
increase maximum available driving time beyond that allowed by the
current rule, but may increase driving hours by allowing some drivers
to use more of their available driving time.
    The NPRM asked whether drivers would use the longer driving window
to increase their VMT. Several commenters provided responses depicting
the range of potential outcomes, but clear data detailing the impact
those outcomes might have on VMT was not provided. Ultimately, each
adverse condition presents a unique set of circumstances that drivers
and motor carriers will react to--not plan for. By their very nature,
adverse driving conditions are unpredictable, and thus motor carriers
would not be able to plan in advance for additional deliveries, trips,
or VMT. FMCSA did not estimate an increase in VMT resulting from the
changes to this provision. The Agency is unable to quantitatively
assess the impacts on safety from this final rule due to a lack of data
regarding the use of the adverse driving provision. The Agency also
lacks data on the relationship between crash risk and adverse driving
conditions, and potential reductions in crash risk that result from the
avoidance of these conditions.
Health Impacts
    The RIA for the 2011 HOS final rule estimated health benefits in
the form of decreased mortality risk based on decreases in daily
driving time, and possible increases in sleep. The changes were largely
based on limiting the use of the 34-hour restart provision. That
provision, however, was removed by operation of law when the study
required by the 2015 DOT Appropriations Act failed to find
statistically significant benefits of the 2011 limitations on the 34-
hour restart.\66\ This final rule does not affect the reinstated
original 34-hour restart provision, and thus the health benefits
estimated in the 2011 RIA will not be affected by this final rule.
---------------------------------------------------------------------------

    \66\ Sec.133 of the 2015 DOT Appropriations Act (Pub. L. 113-
235, Dec. 16, 2014, 128 Stat. 2130, 2711) suspended the 2011 restart
provisions, temporarily reinstated the pre-2011 restart rule, and
required a study of the effectiveness of the new rule. Sec. 133 of
the 2016 DOT Appropriations Act (Pub. L. 114-113, Dec. 18, 2015, 129
Stat. 2242, 2850) made it clear that the 2011 restart provisions
would have no effect unless the study required by the 2015 DOT
Appropriations Act showed that those provisions had statistically
significant benefits compared to the pre-2011 restart rule. Sec. 180
of the Further Continuing and Security Assistance Appropriations
Act, 2017 (Pub. L. 114-254, Dec. 10, 2016, 130 Stat. 1005, 1016)
replaced Sec. 133 of the 2016 DOT Appropriations Act in its entirety
to correct an error and ensure that the pre-2011 restart rule would
be reinstated by operation of law unless the study required by the
2015 DOT Appropriations Act showed that the 2011 restart rule had
statistically significant improvements related to safety and
operator fatigue compared to the pre-2011 restart rule. DOT
concluded that the study failed to find these statistically
significant improvements, and the Office of Inspector General
confirmed that conclusion in a report to Congress.
---------------------------------------------------------------------------

    As concerns this final rule, FMCSA anticipates that some drivers
will experience a decrease in stress, which could lead to increases in
health benefits. As discussed in the RIA, drivers have repeatedly
provided comments relating to stress resulting from the 14-hour limit.
The sleeper berth proposal could alter drivers' schedules relative to
the current requirements, by allowing drivers the flexibility to rest,
without penalty, when they are tired or in times of heavy traffic.
However, this final rule continues to allow for an adequate rest
period. This final rule retains the current driving time and work time,
but could allow for changes in the number of hours driven or worked on
any given day. The flexibilities in this final rule are intended to
allow drivers to shift their drive and work time under the HOS rules to
mitigate the impacts of uncertain factors (e.g., traffic, weather, and
detention times). Total hours driven or worked could increase or
decrease on a given day, but FMCSA does not anticipate that these time
shifts will negatively impact drivers' health. Instead, this final rule
will empower drivers to make informed decisions based on the current
situation, and thus the rule could lead to a decrease in stress and
subsequent health benefits.
    FMCSA also notes that the effect of specific regulatory changes on
driver health is difficult to evaluate, first, because most health
effects have multiple causes and are discernible only over extended
time periods, and, second, because a cause-and-effect relationship
between a rule and a given health outcome may be difficult to
establish. As pointed out in the 2005 HOS final rule, attempts to
create a dose-response curve for the effects of exposure to diesel
exhaust have not produced clear-cut results (70 FR 49978, 4983, August
25, 2005). Such an attempt would be even more difficult for the
incremental HOS changes promulgated today.
    FMCSA believes that the changes made by this final rule are safety-
and health-neutral. For example, the expansion of the short-haul radius
from 100 to 150 air-miles and of the workday from 12 to 14 hours simply
gives short-haul carriers the same driving limit and driving window
that other carriers have utilized for many years (without a distance
limit). The 11- and 14-hour HOS limits now applicable to both short-
and long-haul carriers are consistent with the statutory obligation to
protect driver safety and health (49 U.S.C. 31136(a)(2), (4)), as shown
by the extensive discussion in the 2005 final rule (70 FR 49978, 49982
et seq.).
    Section 12.f of DOT Order 2100.6 dated December 27, 2019 provides
additional requirements for retrospective reviews, specifically each
economically significant rule or high-impact rule, the responsible
Office of the Administrator or Office of the Secretary of
Transportation component shall publish a regulatory impact report in
the Federal Register every 5 years after the effective date of the rule
while the rule remains in effect.
    In accordance with the DOT order, FMCSA will assess the impact of
these changes to the HOS requirements within 5 years of the effective
date of the final rule.

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

    E.O. 13771, Reducing Regulation and Controlling Regulatory Costs,
was issued on January 30, 2017 (82 FR 9339, Feb. 3, 2017). E.O. 13771
requires that, for every one new regulation issued by an Agency, at
least two prior regulations be identified for elimination, and that the
cost of planned regulations be prudently managed and controlled through
a budgeting process. Final implementation guidance addressing the
requirements of E.O. 13771 was issued by the OMB on April 5, 2017.\67\
The OMB guidance defines what constitutes an E.O. 13771 regulatory
action and an E.O. 13771 deregulatory action, provides procedures for
how agencies should account for the costs and cost savings of such
actions, and outlines various other details regarding implementation of
E.O. 13771.
---------------------------------------------------------------------------

    \67\ Executive Office of the President. Office of Management and
Budget. Memorandum M-17-21. Guidance Implementing Executive Order
13771. April 5, 2017.
---------------------------------------------------------------------------

    This final rule will have total costs less than zero, and therefore
qualifies as an E.O. 13771 deregulatory action. The present value of
the cost savings of this final rule, measured on an infinite time
horizon at a 7 percent discount rate, expressed in 2016 dollars, and
discounted to 2020 (the year the final rule will go into effect and
cost savings will first be realized), is $4,105 million. On an
annualized basis, these cost savings are $287 million.

    For the purpose of E.O. 13771 accounting, the April 5, 2017, OMB
guidance requires that agencies also calculate the costs and cost
savings discounted to year 2016. In accordance with this requirement,
the present value of the cost savings of this rule, measured on an
infinite time horizon at a 7 percent discount rate, expressed in 2016
dollars, and discounted to 2016, is $3,132 million. On an annualized
basis, these cost savings are $219 million.

C. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
the Office of Information and Regulatory Affairs designated this rule
as a ``major rule,'' as defined by 5 U.S.C. 804(2).\68\
---------------------------------------------------------------------------

    \68\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs at OMB finds has
resulted in or is likely to result in (a) an annual effect on the
economy of $100 million or more; (b) a major increase in costs or
prices for consumers, individual industries, Federal agencies, State
agencies, local government agencies, or geographic regions; or (c)
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)).
---------------------------------------------------------------------------

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601, et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal
agencies to consider the impact of their regulatory actions on small
entities, analyze effective alternatives that minimize small entity
impacts, and make their analyses available for public comment. The term
``small entities'' means small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000.\69\ Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
entities. Section 605 of the RFA allows an Agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
---------------------------------------------------------------------------

    \69\ Regulatory Flexibility Act, Public Law 96-354, 94 Stat.
1164 (codified at 5 U.S.C. 601, et seq.).
---------------------------------------------------------------------------

    FMCSA developed an Initial Regulatory Flexibility Analysis (IRFA)
for the NPRM, and reviewed comments in response to the IRFA. A comment
received on the NPRM by the SBA's Office of Advocacy noted the
regulatory relief that this final rule would provide for drivers
needing additional flexibility in their schedule due to unforeseeable
driving conditions or for other reasons. The regulatory relief for
small entities afforded by this final rule was also noted in a comment
received on the NPRM from the Petroleum Marketers Association of
America. However, one commenter to the NPRM noted that the IRFA
narrowly focused on the certain industry segments, and did not consider
other industries besides Truck Transportation (NAICS Subsector 484)
that would be affected by the proposed changes to the HOS provisions.
In response to this comment, FMCSA evaluated small entities potentially
impacted by the rule in an expanded set of industries conducted at the
level of two-digit NAICS sectors.
    This rule affects drivers, motor carriers, and Federal and State
governments. Drivers are not considered small entities because they do
not meet the definition of a small entity in Section 601 of the RFA.
Specifically, drivers are considered neither a small business under
Section 601(3) of the RFA, nor are they considered a small organization
under Section 601(4) of the RFA. Federal and State governments do not
meet the definition of a small entity because they are governmental
jurisdictions with populations greater than 50,000.
    The SBA defines the size standards used to classify entities as
small. SBA establishes separate standards for each industry, as defined
by the North American Industry Classification System (NAICS). In the
NPRM, FMCSA estimated that the motor carriers that would experience
regulatory relief under the proposed rule would be in industries within
Subsector 484 (Truck Transportation). These industries include General
Freight Trucking (4841) and Specialized Freight Trucking (4842).
Subsector 484 has an SBA size standard based on annual revenue of $27.5
million.
    The SBA defines the size standards used to classify entities as
small. SBA establishes separate standards for each industry, as defined
by the NAICS.\70\ This rule could affect many different industry
sectors in addition to the Transportation and Warehousing sector (NAICS
sectors 48 and 49); for example, the Construction sector (NAICS sector
23), the Manufacturing sector (NAICS sectors 31, 32, and 33), and the
Retail Trade sector (NAICS sectors 44 and 45). Industry groups within
these sectors have size standards for qualifying as small based on the
number of employees (e.g., 500 employees), or on the amount of annual
revenue (e.g., $27.5 million in revenue). To determine the NAICS
industries potentially affected by this rule, FMCSA cross-referenced
occupational employment statistics from the BLS with NAICS industry
codes.
---------------------------------------------------------------------------

    \70\ Executive Office of the President, Office of Management and
Budget (OMB). ``North American Industry Classification System.''
2017. Available at: https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf, last accessed January 15, 2020.
---------------------------------------------------------------------------

    FMCSA examined data from the U.S. Census Bureau to determine the
number of small entities within the identified NAICS industry groups.
The Census Bureau collects and publishes data on the number of firms,
establishments, employment, annual payroll, and estimated receipts by
enterprise \71\ employment size. The most recent data available are
from the 2012 County Business Patterns and the 2012 Economic
Census.\72\ The firms and establishments are grouped by the employment
size of the enterprise, all within 4-digit NAICS industry groups. The
largest employment size group is 500+ employees per enterprise. The
table also provides the employment and receipts at establishments
within each enterprise employment size category. Because there are no
data available on the revenue per enterprise or the number of employees
per enterprise (although these data are available at the establishment
level), FMCSA identifies the number of establishments that would be
considered small based on SBA size standards.
---------------------------------------------------------------------------

    \71\ An enterprise (or ``company'') is a business organization
consisting of one or more domestic establishments that were
specified under common ownership or control. The enterprise and the
establishment are the same for single-establishment firms. Each
multi-establishment company forms one enterprise--the enterprise
employment and annual payroll are summed from the associated
establishments. An establishment is a single physical location where
business is conducted or where services or industrial operations are
performed.
    \72\ U.S. Department of Commerce, U.S. Census Bureau. Enterprise
Statistics. Table 2: Selected Enterprise Statistics by Employment
Size by Sector in the U.S.: 2012. Release date June 15, 2016.
Available at: http://www2.census.gov/econ/esp/2012/esp2012_table2.xlsx last accessed January 17, 2020.
---------------------------------------------------------------------------

    For industries with an employee-based size standard, the number of
small establishments was identified based on the employment groupings
of the enterprise. The enterprises employment size groups are as
follows: 0-4, 5-9, 10-19, 20-99, 100-499, and 500+. When a size
standard fell within a defined enterprise employment size group, the
entire group was considered small. For example, if the size standard
was 250 employees, all establishments within the 100-499 employment
size

group, as well as smaller employment size groups, were counted as
small. This results in an overestimation in the number of
establishments that are considered small, as some establishments within
the employment size group would not be small.
    For industries with a revenue-based size standard, the number of
establishments within each enterprise employment size group was divided
by the estimated receipts for those establishments. This provided the
estimated average revenue per establishment within each enterprise
employment size group. If this value was below the revenue size
standard, then all establishments within that enterprise employment
size group, and all smaller enterprise employment size groups, were
considered to be small for purposes of the analysis.
    Table 7 presents the NAICS sectors determined by FMCSA to be
affected by this final rule along with information on the number of
firms in the industry, the percent of firms determined to be small
entities based on the industry-specific size standards, and the
estimated number of small entities.

                      Table 7--Percent and Number of Small Firms in Affected NAICS Sectors
----------------------------------------------------------------------------------------------------------------
                                                                     Number of      Percent of       Number of
         NAICS sector                Meaning of NAICS sector           firms      small entities  small entities
----------------------------------------------------------------------------------------------------------------
11............................  Agriculture, Forestry, Fishing            12,486             100          12,454
                                 and Hunting.
21............................  Mining, Quarrying, and Oil and            22,306              97          21,627
                                 Gas Extraction.
23............................  Construction....................         641,808             100         641,808
31............................  Manufacturing...................          33,952              97          32,999
32............................  Manufacturing...................          54,120              93          50,121
33............................  Manufacturing...................          87,153              98          85,300
42............................  Wholesale Trade.................         145,904              79         114,828
44............................  Retail Trade....................         333,358              98         327,856
45............................  Retail Trade....................         131,034              99         130,091
48............................  Transportation and Warehousing..          53,098              99          52,697
49............................  Transportation and Warehousing..          15,720              92          14,458
51............................  Information.....................          39,642              96          38,229
53............................  Real Estate and Rental and                 4,197             100           4,197
                                 Leasing.
54............................  Professional, Scientific, and            583,762             100         583,762
                                 Technical Services.
55............................  Management of Companies and               26,819             100          26,819
                                 Enterprises.
56............................  Administrative and Support and           326,379             100         326,379
                                 Waste Management and
                                 Remediation Services.
61............................  Educational Services............          34,654             100          34,654
62............................  Health Care and Social                   402,594             100         402,576
                                 Assistance.
71............................  Arts, Entertainment, and Related          92,857             100          92,857
                                 Industries.
72............................  Arts, Entertainment, and Related         446,097             100         446,097
                                 Industries.
81............................  Public Administration...........         366,008             100         366,008
----------------------------------------------------------------------------------------------------------------
\1\ Values in the table are rounded to the nearest whole percent for display purposes. The ``Number of Small
  Entities'' in Column (C) is the product of unrounded values.

    FMCSA does not have exact estimates on the per-motor carrier impact
of this proposal. The RIA for this final rule estimates cost savings
associated with the proposed changes to the 30-minute break
requirement. For illustrative purposes, FMCSA developed a per-driver
annual cost savings estimate. As shown below, a firm with one driver
could expect a cost savings of approximately $127 in 2021, the first
full year of the analysis.

   Table 8--Weighted Annual Per-Driver Cost Savings of the Proposed Changes to the 30-Minute Break Requirement
----------------------------------------------------------------------------------------------------------------
                                    Hours saved                    Annual hours     Annual per      Percent of
          Driver group               per shift      Shifts per       saved per      driver cost     total hours
                                       \(a)\        year \(b)\     driver \(c)\    savings \(d)\       \(e)\
----------------------------------------------------------------------------------------------------------------
Group 1.........................            0.25             120              30          $99.98              19
Group 2.........................            0.50              80              40         $133.30              81
Group 3.........................            0.00              60               0               0               0
                                 -------------------------------------------------------------------------------
    Weighted Annual Per-Driver    ..............  ..............  ..............  ..............         $127.04
     Cost Savings...............
----------------------------------------------------------------------------------------------------------------
\(a)\ See Table 4 in the RIA
\(b)\ See Table 5 in the RIA
\(c)\ Hours Saved per Shift x Annual Hours Saved per Driver
\(d)\ Annual Hours Saved per Driver x $3.33 Motor Carrier Profit Margin
\(e)\ See Table 6 in the RIA, Total Hours Saved per Year, by Group / Total Hours Saved per Year for All Groups

    The RFA does not define a threshold for determining whether a
specific regulation results in a significant impact. However, the SBA,
in guidance to government agencies, provides some objective measures of
significance that the agencies can consider using.\73\ One measure that
could be used to illustrate a significant impact is labor costs,
specifically, if the cost of the regulation exceeds 1 percent of the
average annual revenues of small entities in the sector. Given the
average annual per-entity impact of $127.04, a small entity would

need to have average annual revenues of less than $12,704 to experience
an impact greater than 1 percent of average annual revenue, which is an
average annual revenue that is smaller than would be required for a
firm to support one employee. Therefore, this rule does not have a
significant impact on the entities affected.
---------------------------------------------------------------------------

    \73\ U.S. Small Business Administration, Office of Advocacy. ``A
Guide for Government Agencies. How to Comply with the Regulatory
Flexibility Act.'' 2017. Available at: https://www.sba.gov/sites/default/files/advocacy/How-to-Comply-with-the-RFA-WEB.pdf, last
accessed on January 16, 2020.
---------------------------------------------------------------------------

    Accordingly, I hereby certify that the action does not have a
significant economic impact on a substantial number of small entities.

E. Assistance for Small Entities

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

F. Unfunded Mandates Reform Act of 1995

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

G. Paperwork Reduction Act

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule
will not modify the existing approved collection of information (OMB
Control Number 2126-0001, HOS of Drivers Regulations, approved July 29,
2019/, through July 31, 2022).

H. E.O. 13132 (Federalism)

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

I. Privacy

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

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

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

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

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

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

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

M. Environment (Clean Air Act, NEPA)

    FMCSA completed an environmental assessment (EA) pursuant to the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.), 40 CFR parts 1500-1508, Council on Environmental Quality
Regulations for Implementing NEPA, as amended, FMCSA Order 5610.1,
National Environmental Policy Act Implementing Procedures and Policy
for Considering Environmental Impacts, March 1, 2004, and DOT Order
5610.1C, Procedures for Considering Environmental Impacts, as amended
on July 13, 1982 and July 30, 1985. The EA is in the docket for this
rulemaking. As discussed in the EA, FMCSA also analyzed this rule under
the Clean Air Act, as amended, section 176(c), (42 U.S.C. 7401 et seq.)
and implementing regulations promulgated by the Environmental
Protection Agency. FMCSA concludes that the issuance of the rule would
not significantly affect the quality of the human environment.
Therefore, an environmental impact statement process is unnecessary.

List of Subjects

49 CFR Part 385

    Administrative practice and procedures, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
    Accordingly, FMCSA amends 49 CFR parts 385 and 395.

PART 385--SAFETY FITNESS PROCEDURES

0
1. The authority citation for part 385 continues to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151 and 31502;
Sec. 350, Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR 1.87.

0
2. Amend appendix B to part 385, section VII as follows:
0
a. Redesignate existing references to Sec. Sec.  395.1(h)(1)(i),
395.1(h)(1)(ii), 395.1(h)(1)(iii), and 395.1(h)(1)(iv) as Sec. Sec.
395.1(h)(1)(i)(A), 395.1(h)(1)(i)(B), 395.1(h)(1)(i)(C), and
395.1(h)(1)(i)(D), respectively; and
0
b. Revise the text for Sec.  395.3(a)(3)(ii).
    The revision reads as follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *

VII. List of Acute and Critical Regulations

* * * * *
    Sec.  395.3(a)(3)(ii) Requiring or permitting a property-
carrying commercial motor vehicle driver to drive if more than 8
hours of driving time have passed without a consecutive interruption
in driving status of at least 30 minutes, either off-duty, sleeper
berth or on-duty not driving (critical).

PART 395--HOURS OF SERVICE OF DRIVERS

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

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

0
4. Amend Sec.  395.1 by revising paragraphs (b)(1), (e)(1), (g)(1), and
(h) to read as follows:

Sec.  395.1  Scope of rules in this part.

* * * * *
    (b) * * *
    (1) Adverse driving conditions. Except as provided in paragraph
(h)(3) of this section, a driver who encounters adverse driving
conditions, as defined in Sec.  395.2, and cannot, because of those
conditions, safely complete the run within the maximum driving time or
duty time during which driving is permitted under Sec.  395.3(a) or
Sec.  395.5(a) may drive and be permitted or required to drive a
commercial motor vehicle for not more than two additional hours beyond
the maximum allowable hours permitted under Sec.  395.3(a) or Sec.
395.5(a) to complete that run or to reach a place offering safety for
the occupants of the commercial motor vehicle and security for the
commercial motor vehicle and its cargo.
* * * * *
    (e) * * *
    (1) 150 air-mile radius driver. A driver is exempt from the
requirements of Sec. Sec.  395.8 and 395.11 if:
    (i) The driver operates within a 150 air-mile radius (172.6 statute
miles) of the normal work reporting location;
    (ii) The driver, except a driver-salesperson, returns to the work
reporting location and is released from work within 14 consecutive
hours;
    (iii)(A) A property-carrying commercial motor vehicle driver has at
least 10 consecutive hours off-duty separating each 14 hours on-duty;
    (B) A passenger-carrying commercial motor vehicle driver has at
least 8 consecutive hours off-duty separating each 14 hours on-duty;
and
    (iv) The motor carrier that employs the driver maintains and
retains for a period of 6 months accurate and true time records
showing:
    (A) The time the driver reports for duty each day;
    (B) The total number of hours the driver is on-duty each day;
    (C) The time the driver is released from duty each day; and
    (D) The total time for the preceding 7 days in accordance with
Sec.  395.8(j)(2) for drivers used for the first time or
intermittently.
* * * * *
    (g) * * *
    (1) Property-carrying commercial motor vehicle--(i) General. A
driver who operates a property-carrying commercial motor vehicle
equipped with a sleeper berth, as defined in Sec.  395.2, and uses the
sleeper berth to obtain the off-duty time required by Sec.  395.3(a)(1)
must accumulate:
    (A) At least 10 consecutive hours off-duty;
    (B) At least 10 consecutive hours of sleeper berth time;
    (C) A combination of consecutive sleeper berth and off-duty time
amounting to at least 10 hours;
    (D) A combination of sleeper berth time of at least 7 consecutive
hours and up to 3 hours riding in the passenger seat of the vehicle
while the vehicle is moving on the highway, either immediately before
or after the sleeper berth time, amounting to at least 10 consecutive
hours; or
    (E) The equivalent of at least 10 consecutive hours off-duty
calculated under paragraphs (g)(1)(ii) and (iii) of this section.
    (ii) Sleeper berth. A driver may accumulate the equivalent of at
least 10 consecutive hours off-duty by taking not more than two periods
of either sleeper berth time or a combination of off-duty time and
sleeper berth time if:
    (A) Neither rest period is shorter than 2 consecutive hours;
    (B) One rest period is at least 7 consecutive hours in the sleeper
berth;
    (C) The total of the two periods is at least 10 hours; and
    (D) Driving time in the period immediately before and after each
rest period, when added together:
    (1) Does not exceed 11 hours under Sec.  395.3(a)(3); and
    (2) Does not violate the 14-hour duty-period limit under Sec.
395.3(a)(2).
    (iii) Calculation--(A) In general. The driving time limit and the
14-hour duty-period limit must be re-calculated from the end of the
first of the two periods

used to comply with paragraph (g)(1)(i)(E) of this section.
    (B) 14-hour period. The 14-hour driving window for purposes of
Sec.  395.3(a)(2) does not include qualifying rest periods under
paragraph (g)(1)(ii) of this section.
* * * * *
    (h) State of Alaska--(1) Property-carrying commercial motor
vehicle--(i) In general. The provisions of Sec.  395.3(a) and (b) do
not apply to any driver who is driving a commercial motor vehicle in
the State of Alaska. A driver who is driving a property-carrying
commercial motor vehicle in the State of Alaska must not drive or be
required or permitted to drive:
    (A) More than 15 hours following 10 consecutive hours off-duty;
    (B) After being on-duty for 20 hours or more following 10
consecutive hours off-duty;
    (C) After having been on-duty for 70 hours in any period of 7
consecutive days, if the motor carrier for which the driver drives does
not operate every day in the week; or
    (D) After having been on-duty for 80 hours in any period of 8
consecutive days, if the motor carrier for which the driver drives
operates every day in the week.
    (ii) Off-duty periods. Before driving, a driver who operates a
property-carrying commercial motor vehicle equipped with a sleeper
berth, as defined in Sec.  395.2, and uses the sleeper berth to obtain
the required off-duty time in the State of Alaska, must accumulate:
    (A) At least 10 consecutive hours off-duty;
    (B) At least 10 consecutive hours of sleeper berth time;
    (C) A combination of consecutive sleeper berth and off-duty time
amounting to at least 10 hours;
    (D) A combination of consecutive sleeper berth time and up to 3
hours riding in the passenger seat of the vehicle while the vehicle is
moving on a highway, either immediately before or after a period of at
least 7, but less than 10, consecutive hours in the sleeper berth; or
    (E) The equivalent of at least 10 consecutive hours off-duty
calculated under paragraph (h)(1)(iii) of this section.
    (iii) Sleeper berth. A driver who uses a sleeper berth to comply
with the hours of service regulations may accumulate the equivalent of
at least 10 consecutive hours off-duty by taking not more than two
periods of either sleeper berth time or a combination of off-duty time
and sleeper berth time if:
    (A) Neither rest period is shorter than 2 consecutive hours;
    (B) One rest period is at least 7 consecutive hours in the sleeper
berth;
    (C) The total of the two periods is at least 10 hours; and
    (D) Driving time in the period immediately before and after each
rest period, when added together:
    (1) Does not exceed 15 hours; and
    (2) Does not violate the 20-hour duty period under paragraph
(h)(1)(i)(B) of this section.
    (iv) Calculation--(A) In general. The driving time limit and the
20-hour duty-period limit must be re-calculated from the end of the
first of the two periods used to comply with paragraph (h)(1)(ii)(E) of
this section.
    (B) 20-hour period. The 20-hour duty period under paragraph
(h)(1)(i)(B) does not include off-duty or sleeper berth time.
    (2) Passenger-carrying commercial motor vehicle. The provisions of
Sec.  395.5 do not apply to any driver who is driving a passenger-
carrying commercial motor vehicle in the State of Alaska. A driver who
is driving a passenger-carrying commercial motor vehicle in the State
of Alaska must not drive or be required or permitted to drive--
    (i) More than 15 hours following 8 consecutive hours off-duty;
    (ii) After being on-duty for 20 hours or more following 8
consecutive hours off-duty;
    (iii) After having been on-duty for 70 hours in any period of 7
consecutive days, if the motor carrier for which the driver drives does
not operate every day in the week; or
    (iv) After having been on-duty for 80 hours in any period of 8
consecutive days, if the motor carrier for which the driver drives
operates every day in the week.
    (3) Adverse driving conditions. (i) A driver who is driving a
commercial motor vehicle in the State of Alaska and who encounters
adverse driving conditions (as defined in Sec.  395.2) may drive and be
permitted or required to drive a commercial motor vehicle for the
period of time needed to complete the run.
    (ii) After a property-carrying commercial motor vehicle driver
completes the run, that driver must be off-duty for at least 10
consecutive hours before he/she drives again; and
    (iii) After a passenger-carrying commercial motor vehicle driver
completes the run, that driver must be off-duty for at least 8
consecutive hours before he/she drives again.
* * * * *

0
5. Amend Sec.  395.2 by revising the definition of ``Adverse driving
conditions'' and paragraph (4)(iii) in the definition of ``On-duty
time'' to read as follows:

Sec.  395.2  Definitions.

* * * * *
    Adverse driving conditions means snow, ice, sleet, fog, or other
adverse weather conditions or unusual road or traffic conditions that
were not known, or could not reasonably be known, to a driver
immediately prior to beginning the duty day or immediately before
beginning driving after a qualifying rest break or sleeper berth
period, or to a motor carrier immediately prior to dispatching the
driver.
* * * * *
    On-duty time * * *
    (4) * * *
    (iii) Up to 3 hours riding in the passenger seat of a property-
carrying vehicle moving on the highway immediately before or after a
period of at least 7 consecutive hours in the sleeper berth;
* * * * *

0
6. Amend Sec.  395.3 by revising paragraphs (a)(2) and (3) to read as
follows:

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

    (a) * * *
    (2) 14-hour period. A driver may not drive after a period of 14
consecutive hours after coming on-duty following 10 consecutive hours
off-duty.
    (3) Driving time and interruptions of driving periods--(i) Driving
time. A driver may drive a total of 11 hours during the period
specified in paragraph (a)(2) of this section.
    (ii) Interruption of driving time. Except for drivers who qualify
for either of the short-haul exceptions in Sec.  395.1(e)(1) or (2),
driving is not permitted if more than 8 hours of driving time have
passed without at least a consecutive 30-minute interruption in driving
status. A consecutive 30-minute interruption of driving status may be
satisfied either by off-duty, sleeper berth or on-duty not driving time
or by a combination of off-duty, sleeper berth and on-duty not driving
time.
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-11469 Filed 5-26-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Proposed Rules]
[Pages 63970-63973]
[FR Doc No: 2022-22275]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0141; Project Identifier MCAI-2021-01052-T]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that would have applied to all MHI RJ Aviation ULC Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. This action revises the NPRM
by proposing to require an inspection for correct installation of the
flexible lamp assembly; trimming and reidentifying a bracket; and for
certain airplanes, an inspection for damage of

the wire harness assembly; and applicable corrective actions. The FAA
is proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions would impose an
additional burden over those in the NPRM, the FAA is requesting
comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by December 5, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0141; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, this SNPRM, the mandatory continuing
airworthiness information (MCAI), any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this SNPRM, contact
MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; North
America toll-free telephone<PHONE_NUMBER> or direct-dial telephone 450-
990-7272; fax<PHONE_NUMBER>; email mhirj.com">[email protected]mhirj.com; website mhirj.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0141; Project Identifier
MCAI-2021-01052-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this SNPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this SNPRM contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this SNPRM, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this SNPRM. Submissions containing CBI should
be sent to Gabriel Kim, Aerospace Engineer, Avionics and Electrical
Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet
Series 100 & 440). The NPRM published in the Federal Register on
February 25, 2022 (87 FR 10752). The NPRM was prompted by AD CF-2021-
32, dated September 17, 2021, issued by Transport Canada Civil Aviation
(TCCA), which is the aviation authority for Canada (referred to after
this as the MCAI). The MCAI states that an oxygen-fed ground fire event
was potentially caused by electrical arcing from a faulty surround
light wire on the third crew member's (observer) oxygen mask. An
investigation determined that the oxygen supply hose connecting to the
rear of the observer oxygen mask box assembly could be subject to
chafing damage.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0141.
    In the NPRM, the FAA proposed to require an inspection for
discrepancies of the observer's oxygen mask stowage box and storage
compartment, oxygen hose connections and routing, and the associated
electrical harness, and corrective actions if necessary; and modifying
the oxygen mask flexible lamp harness, mounting plate, and compartment
panel, including rerouting the electrical harness and applying
protective sealant.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, an operator reported a fouling
condition between the power feed wires for the stowage box light strip
and an existing aluminum bracket in the mask stowage compartment of the
entrance monument. MHI RJ determined that additional actions were
needed to further address the unsafe condition. TCCA subsequently
issued AD CF-2021-32R1, dated July 25, 2022, to require an additional
inspection for correct installation of the flexible lamp assembly;
trimming and reidentifying a bracket; and for certain airplanes, an
inspection for damage of the wire harness assembly; and applicable
corrective actions to address the fouling condition. The FAA is
proposing this AD to address possible damage to the observer oxygen
mask supply hoses and a potential for an oxygen-fed fire in the
vicinity of the observer oxygen mask storage compartment.

Comments

    The FAA received comments from MHI RJ Aviation and Air Wisconsin.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Incorporate Revised Service Information

    MHI RJ Aviation and Air Wisconsin requested that the FAA
incorporate new

service information into this proposed AD. MHI RJ noted that when an
operator performed the actions specified in the proposed AD, it
resulted in an unforeseen new potential fouling condition with the
existing bracket. MHI RJ stated that it had asked operators to not
complete the actions until revised service information, including
instructions to ensure clearance between the bracket and harness, was
available. Air Wisconsin requested that the proposed AD be revised to
include the new service information and additional work.
    The FAA agrees and has revised this proposed AD to refer to Service
Bulletin 601R-35-022, Revision B, dated April 21, 2022, as the
appropriate source of service information to accomplish the required
actions. This service information includes additional work to address
the potential fouling condition.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 601R-35-022, Revision B,
dated April 21, 2022. This service information specifies procedures for
doing a general visual inspection for discrepancies, including elbow
fitting clocking (rotation), sealing tape installed in a certain
location, wire damage (e.g., cuts, nicks, kinks, insulation damage) of
the observer's oxygen mask stowage box and storage compartment, the
observer's mask oxygen hose connections, the hose routing, and the
associated electrical harness, and applicable corrective actions; and
modifying the oxygen mask flexible lamp harness, mounting plate, and
compartment panel, including rerouting the electrical harness and
applying protective sealant. Corrective actions include re-positioning
the elbow fitting, removing sealing tape, and repairing wiring. This
service information also specifies procedures for an inspection for
correct installation of the flexible lamp assembly; trimming and
reidentifying a bracket; and for certain airplanes, an inspection for
damage of the wire harness assembly; and applicable corrective actions.
Corrective actions include correcting flexible lamp assembly
installations and repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this SNPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 407 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 9 work-hours x $85 per hour =    Up to $115.............  Up to $880.............  Up to $358,160.
 Up to $765.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2022-0141; Project Identifier MCAI-2021-01052-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Model CL-600-2B19 (Regional Jet
Series 100 & 440) airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report of an oxygen-fed ground fire
event potentially caused by electrical arcing from a faulty surround
light wire on the third crew member's (observer) oxygen mask. An
investigation determined that the oxygen supply hose connecting to
the rear of the observer oxygen mask box assembly could be subject
to chafing damage. This AD was also prompted by the determination
that additional inspections and a bracket trim are needed to address
the unsafe condition. The FAA is issuing this AD to address possible
damage to the observer oxygen mask supply hoses and a potential for
an oxygen-fed fire in the vicinity of the observer oxygen mask
storage compartment.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Within 4,000 flight hours or 24 months, whichever occurs first
after the effective date of this AD, do the actions in paragraphs
(g)(1) and (2) of this AD:
    (1) For airplanes on which the actions specified in MHI RJ
Service Bulletin 601R-35-022, dated June 1, 2021; or MHI RJ Service
Bulletin 601R-35-022, Revision A, dated October 12, 2021; have not
been accomplished: Do the actions specified in paragraphs (g)(1)(i)
and (ii) of this AD.
    (i) Do a general visual inspection for discrepancies of the
observer's oxygen mask stowage box and stowage compartment, the
observer's mask oxygen hose connections, the hose routing, and the
associated electrical harness; reroute the electrical harness and
apply protective sealant in accordance with Part A. Section 2.B. of
the Accomplishment Instructions of MHI RJ Service Bulletin 601R-35-
022, Revision B, dated April 21, 2022. If any discrepancies are
found, before further flight, do all applicable corrective actions,
in accordance with paragraph 2.B. of the Accomplishment Instructions
of MHI RJ Service Bulletin 601R-35-022, Revision B, dated April 21,
2022.
    (ii) Modify the oxygen mask flexible lamp harness, mounting
plate, and compartment panel, including rerouting the electrical
harness; apply protective sealant; inspect the flexible lamp
assembly for correct installation; and trim and reidentify the
bracket; in accordance with Part A. Section 2.B. of the
Accomplishment Instructions of MHI RJ Service Bulletin 601R-35-022,
Revision B, dated April 21, 2022. Do all applicable flexible lamp
assembly installation corrections before further flight in
accordance with Part A. Section 2.B. of the Accomplishment
Instructions of MHI RJ Service Bulletin 601R-35-022, Revision B,
dated April 21, 2022.
    (2) For airplanes on which the actions specified in MHI RJ
Service Bulletin 601R-35-022, dated June 1, 2021; or MHI RJ Service
Bulletin 601R-35-022, Revision A, dated October 12, 2021; have been
accomplished: Inspect the flexible lamp assembly for correct
installation; inspect the wire harness assembly for damage; and trim
and reidentify the bracket in accordance with Part B. Section 2.E.
of the Accomplishment Instructions of MHI RJ Service Bulletin 601R-
35-022, Revision B, dated April 21, 2022. Do all applicable flexible
lamp assembly installation corrections and damage repair before
further flight in accordance with Part B. Section 2.E. of the
Accomplishment Instructions of MHI RJ Service Bulletin 601R-35-022,
Revision B, dated April 21, 2022.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to TCCA AD CF-2021-32R1, dated July 25, 2022, for
related information. This TCCA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-0141.
    (2) For more information about this AD, contact Gabriel Kim,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) MHI RJ Aviation Service Bulletin 601R-35-022, Revision B,
dated April 21, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact MHI
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone<PHONE_NUMBER> or direct-dial
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email mhirj.com">[email protected]mhirj.com;
website mhirj.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22275 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Rules and Regulations]
[Page 36067]
[FR Doc No: 2021-14536]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0419]
RIN 1625-AA00

Safety Zone; Charlevoix Venetian Festival Air Show, Lake
Charlevoix, MI, Sector Sault Ste. Marie Captain of the Port Zone;
Correction

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule; correction.

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

SUMMARY: The Coast Guard published a document in the Federal Register
on June 17, 2021, concerning a safety zone intended to restrict vessels
from certain portions of Lake Charlevoix, MI, during air show
activities on July 23, 2021. The document contained incorrect starting
and ending times in the description of the effective date.

DATES: This correction is effective July 23, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
correction, call or email LT Deaven Palenzuela, Sector Sault Ste. Marie
Waterways Management Division, U.S. Coast Guard; telephone 906-635-
3223, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The document published on June 17, 2021, at
86 FR 32219, contained incorrect starting and ending times in the DATES
section and Sec.  165.T09-0419(b) which had the safety zone beginning
at 9:45 p.m. and ending at 10 p.m. The safety zone needs to begin at
8:45 p.m. and end at 11 p.m. in order to protect personnel, vessels,
and the marine environment from potential hazards created by the air
show.

Correction

    In the Federal Register of June 17, 2021, in FR Doc. 2021-12729,
beginning on page 32219, the following corrections are made:
    1. On page 32219, in the second column, the DATES section is
corrected to read ``This rule is effective from 8:45 p.m. on July 23,
2021, through 11 p.m. on July 23, 2021.''

Sec.  165.T09-0419  [Corrected]

0
2. On page 32221, in the first column, the first sentence of Sec.
165.T09-0419(b) is corrected to read ``This section will be enforced
from 8:45 p.m. through 11 p.m. on July 23, 2021.''

    Dated: July 1, 2021.
A.R. Jones,
Captain of the Port Sault Sainte Marie, U.S. Coast Guard.
[FR Doc. 2021-14536 Filed 7-7-21; 8:45 am]
BILLING CODE 9110-04-P