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B-332465 1 (2020-09-03)

handle is hein.gao/gaobaebur0001 and id is 1 raw text is: GU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332465 September 3, 2020 The Honorable Roger Wicker Chairman The Honorable Maria Cantwell Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Peter A. DeFazio Chairman The Honorable Sam Graves Ranking Member Committee on Transportation and Infrastructure House of Representatives Subject: Department of Transportation, Federal Motor Carrier Safety Administration: Hours of Service of Drivers Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report1 on a major rule promulgated by the Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) entitled Hours of Service of Drivers (RIN: 2126-AC19). We received the rule on May 20, 2020. It was published in the Federal Register as a final rule on June 1, 2020. 85 Fed. Reg. 33396. The stated effective date of the rule is September 29, 2020. According to FMCSA, this final rule revises the hours of service regulations to provide greater flexibility for drivers subject to those rules without adversely affecting safety. FMCSA states the rule extends the maximum duty period allowed under the short-haul exception in 49 C.F.R. § 395.1(e)(1) from 12 to 14 hours, and extends the maximum radius in which the short-haul exception applies from 100 to 150 air-miles. According to FMCSA, the rule also modifies the definition of adverse driving conditions so that the adverse driving conditions exception may be applied based on the driver's and dispatcher's knowledge of the conditions after being dispatched, and extends the driving window during which the current exception for extended driving time may be used by up to 2 hours for truck and bus operations under 49 C.F.R § 395.3(a)(2) and 49 C.F.R. § 395.5(a)(2), respectively. Additionally, according to FMCSA, the rule makes the 30-minute break requirement for drivers of property-carrying commercial motor vehicles in 49 C.F.R. § 395.3(a)(3)(ii) applicable only when a driver has driven (instead of having been on-duty) for a period of 8 hours without at least a 30-minute non-driving interruption. Finally, FMCSA states that the rule modifies the sleeper berth requirements to allow drivers to take their required 10 hours off-duty in two periods, provided one off-duty period 1 We are issuing this report after the deadline described in 5 U.S.C. § 801 (a)(2), as we initially included this final rule as a non-major rule in our database for purposes of the Congressional Review Act.

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