Hours of Service of Drivers; Final Rule; Technical Admendment

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Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / Rules and Regulations

BILLING CODE 4910–EX–C

interstate transportation of household
goods. On August 25, 2003, FMCSA
PART 393—PARTS AND
received two petitions for
ACCESSORIES NECESSARY FOR
reconsideration of the rule. On the same
SAFE OPERATION
date, one of the petitioners, the
American Moving and Storage
■ 14. The authority citation for part 393
Association, submitted a separate
continues to read as follows:
Petition for Stay of Effective Date. The
Authority: 49 U.S.C. 322, 31136, and
reconsideration petitions address a
31502; sec. 104(b) of Pub. L. 102–240, 105
variety of issues, both substantive and
Stat. 1914, 1993 (1991); 49 CFR 1.73.
technical. The interim final rule took
effect on September 9, 2003, with
§ 393.5 [Amended]
mandatory compliance to begin March
■ 15. Amend § 393.5 in the definition of
‘‘g’’ by removing ‘‘9.823’’ and add, in its 1, 2004. As the rule’s effective date has
passed, we are delaying the compliance
place, ‘‘9.81.’’
date to gain time to consider fully the
§ 393.106 [Amended]
petitioners’ concerns.
DATES: The compliance date of the
■ 16. Amend § 393.106(a) by removing
‘‘§ 393.122 through § 393.142’’ and add, interim final rule amending 49 CFR part
375 published at 68 FR 35066 on June
in its place, ‘‘§§ 393.116 through
11, 2003, is delayed indefinitely. The
393.136.’’
Administration will publish a document
PART 396—INSPECTION, REPAIR,
in the Federal Register announcing the
AND MAINTENANCE
new compliance date.
FOR FURTHER INFORMATION CONTACT: Mr.
■ 17. The authority citation for part 396
Nathaniel Jackson, Household Goods
continues to read as follows:
Enforcement Team Leader, (MC–ECI),
Authority: 49 U.S.C. 31133, 31136, and
202–366–6406, FMCSA, 400 Seventh
31502; 49 CFR 1.73.
Street, SW., Room 8310, Washington,
DC 20590.
§ 396.9 [Amended]
SUPPLEMENTARY INFORMATION: In the
■ 18. In § 396.9, paragraphs (b) and
Motor Carrier Safety Improvement Act
(c)(2), remove ‘‘Driver Equipment
of 1999 (Pub. L. 106–159), which
Compliance Check’’ and add, in its place, established FMCSA as a separate agency
‘‘Driver Vehicle Examination Report.’’
within the U.S. Department of
Issued on: September 24, 2003.
Transportation (DOT), Congress
Warren Hoemann,
authorized FMCSA to regulate the
interstate transportation of household
Deputy Administrator.
goods. In earlier legislation, Congress
[FR Doc. 03–24736 Filed 9–29–03; 8:45 am]
abolished the Interstate Commerce
BILLING CODE 4910–EX–P
Commission and transferred the
Commission’s jurisdiction over
DEPARTMENT OF TRANSPORTATION household goods transportation to DOT
(ICC Termination Act of 1995, Pub. L.
Federal Motor Carrier Safety
104–88). Prior to FMCSA’s
Administration
establishment, the Secretary of
Transportation delegated this household
49 CFR Part 375
goods jurisdiction to the Federal
Highway Administration (FHWA).
[Docket No. FMCSA–97–2979]
In May 1998, FHWA published a
RIN 2126–AA32
notice of proposed rulemaking
requesting comments on its proposal to
Transportation of Household Goods;
amend the household goods regulations
Consumer Protection Regulations;
at 49 CFR part 375 and the credit
Delay of Compliance Date
regulations at part 377 (63 FR 27126,
May 15, 1998). The public submitted
AGENCY: Federal Motor Carrier Safety
more than 50 comments on the
Administration (FMCSA), DOT.
proposal. FMCSA modified the
ACTION: Interim final rule; delay of
substance of the proposed rule in light
compliance date.
of concerns raised by some of the
commenters, including the American
SUMMARY: The Federal Motor Carrier
Moving and Storage Association, and
Safety Administration (FMCSA) delays
published an interim final rule on June
the compliance date for the new part
11, 2003 (68 FR 35064), to become
375, Transportation of Household
effective September 9, 2003, with
Goods; Consumer Protection
Regulations, which was published as an mandatory compliance to begin March
interim final rule on June 11, 2003. That 1, 2004. We published an interim final
rule rather than a final rule to allow the
rule amends regulations governing the

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Office of Management and Budget
additional time to complete its review of
information collection requirements.
On August 25, 2003, FMCSA received
two petitions for reconsideration of the
interim final rule. The petitioners are (1)
the American Moving and Storage
Association and (2) United Van Lines,
LLC and Mayflower Transit, LLC. On
the same date, the American Moving
and Storage Association submitted a
separate Petition for Stay of Effective
Date. The reconsideration petitions
address a variety of issues, both
substantive and technical. Certain of the
substantive concerns will require the
agency’s careful analysis. The rule took
effect on September 9, 2003, but
compliance was not required until
March 1, 2004. As the rule’s effective
date has passed, we are delaying the
compliance date until further notice in
order to consider fully the petitioners’
concerns. FMCSA will publish a
document in the Federal Register
promulgating any necessary technical
corrections and/or substantive changes,
and announcing the new compliance
date for the rule.
FMCSA recognizes that interstate
household goods carriers will require
sufficient time to prepare for
compliance with this rule. Prior to the
compliance date, carriers will need to
conduct an educational process, make
document changes, and revise
operational procedures. In addition, the
compliance date must precede the
summer peak moving season, which
begins May 15, 2004. FMCSA will
ensure that the new compliance date
provides the household goods
transportation industry with this vital
lead time.
Issued on: September 23, 2003.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 03–24499 Filed 9–29–03; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
[Docket No. FMCSA–97–2350]
RIN 2126–AA23

Hours of Service of Drivers
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; technical
amendments.

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Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / Rules and Regulations
SUMMARY: This rule makes technical
amendments to the hours of service
(HOS) regulations. These technical
amendments are needed to correct
inadvertent errors and omissions, and
make minor editorial changes to
improve clarity and consistency. The
amendments do not make substantive
changes. The corrections are minor and
will not have a significant impact on a
substantial number of small entities.
DATE: The technical amendments in this
final rule are effective September 30,
2003.
FOR FURTHER INFORMATION CONTACT: Ms.
Mary Moehring, Office of Bus and Truck
Standards and Operations (MC–PSD),
U.S. Department of Transportation,
FMCSA, 400 Seventh Street, SW.,
Washington, DC 20590–0001.
Telephone (202) 366–4001.
SUPPLEMENTARY INFORMATION:
Docket: For access to the docket to
read background documents or
comments received, go to http://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit http://
dms.dot.gov.
The term ‘‘current rules,’’ as used in
this document, refers to the HOS
regulations in effect before April 28,
2003, and ‘‘final rule’’ means the HOS
regulations adopted on April 28, 2003
(68 FR 22456).

Sleeper Berth Provisions Relating to the
14-Hour Limit
Confusion has arisen among motor
carriers and enforcement officials over
the provision of the final rule on hours
of service (68 FR 22456, April 28, 2003)
relating to the use of sleeper berths to
accumulate 10 hours of off-duty time.
More specifically, the issue is how to
apply the general prohibition on driving
‘‘[f]or any period after the end of the
14th hour after coming on duty
following 10 consecutive hours off duty
* * *’’ [49 CFR 395.3(a)(2)] in the
context of the sleeper berth rule, which
allows drivers to accumulate 10 hours
off duty in two periods in the berth.

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Under the current rule, off-duty time
(including sleeper berth time) is not
counted in calculating the 15-hour limit,
thus allowing drivers to take for
example, 2 hours off-duty during their
work shift to drive up to the 17th hour
after coming on duty. The new rule
reduces the 15-hour limit to 14 hours,
but it also adds a general prohibition on
driving ‘‘[f]or any period after the end
of the 14th hour after coming on duty
following 10 consecutive hours off duty
* * *’’ [49 CFR 395.3(a)(2)].
Under the new rule, off-duty time is
included in calculating the 14th hour
since coming on duty. The only
exception is sleeper berth time. When
taken in 2 periods, each of which must
be at least 2 hours long, sleeper berth
time does not count toward the 14-hour
limit. The final rule, however,
attempted to incorporate a modified 14hour limit by providing that ‘‘The onduty time in the period immediately
before and after each rest period, when
added together, does not include any
driving time after the 14th hour’’
[§ 395.1(g)(1)(iii)].
Although counting on-duty time
toward the 14-hour limit is obviously
consistent with the general principle of
§ 395.3(a)(2), the modified sleeper-berth
provision inadvertently omitted
reference to off-duty time not spent in
a sleeper berth and sleeper berth time of
less than 2 hours, neither of which
qualifies for exclusion from the 14-hour
limit. The agency is therefore amending
§ 395.1(g)(1)(iii) to clarify that drivers
and motor carriers are required to count
on-duty time, off-duty time not spent in
a sleeper berth and sleeper berth time of
less than two hours toward the 14-hour
limit.
The final rule also overlooked the
need to spell out the underlying
principle for dealing with situations in
which a driver takes more than 2 sleeper
berth periods, all of which are more
than 2 hours long. For example, after
having been off-duty for 10 hours a
driver drives for 4 hours, takes 2 hours
in the sleeper berth, drives for another
3 hours, takes 3 more hours in the
sleeper berth, drives for 5 hours, and
then goes into the sleeper berth for 7
hours. In this case, the second and third
sleeper-berth periods (3 hours plus 7
hours, respectively) meet the
requirements of the rule (10 hours off
duty in two periods, each at least 2
hours long), while the first and second
(2 hours plus 3 hours, respectively) do
not. Although the previous sentence
suggests how this hypothetical should
be treated, the amendment to
§ 395.1(g)(1)(iii) makes it explicit: any 2
sleeper-berth periods totaling 10 hours
may be used in calculating the 10-hour

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limit, and sleeper-berth periods not
used in calculating the 10-hour limit
will be included in calculating the 14hour limit.
Section 395.1(g)(2) restates the
principle of § 395.1(g) of the current
rule. Since 1963, that rule has allowed
drivers who are off duty at a natural gas
or oil well location to accumulate the
then-required 8 hours off duty in two
off-duty periods, each at least 2 hours
long, in ‘‘other sleeping
accommodations at a natural gas or oil
well location’’ [49 CFR 195.3(a), 28 FR
2236, March 7, 1963]. State and Federal
officials have understood and enforced
that provision for 40 years. The agency
is amending the introductory phrase of
§ 395.1(g)(2) to clarify that although
drivers must now take 10 rather than 8
hours off duty, drivers at wellheads may
continue to accumulate their off-duty
time in two periods. The periods may be
taken in sleeper berths, other sleeping
accommodations, or both. This
technical amendment imposes no added
burdens, and simply clarifies the intent
of the final rule.
Finally, while §§ 395.1(g)(1)(iv),
395.1(g)(2)(iv), and 395.1(g)(3)(iv) of the
new rule provide that a combination of
consecutive sleeper berth time and offduty time totaling 10 hours satisfies the
10 hour-off-duty requirement when a
driver changes from a sleeper berth
mode of operation to a non-sleeperberth mode, it inadvertently failed to
provide the same option to drivers
continuing in the sleeper berth mode.
This amendment corrects that oversight.
In summary, the sleeper berth
provision is clarified as follows:
For purposes of determining the 14hour limit in a sleeper berth operation,
the following are included in
calculating that limit: on-duty time;
non-sleeper-berth off-duty time; sleeper
berth time of less than 2 hours; and
sleeper berth time of 2 hours or more
that is not used to accumulate 10 hours
of off-duty time.
A combination of consecutive sleeper
berth time and off-duty time totaling 8
for passenger-carrying operations or 10
hours for property-carrying and natural
gas/oil well operations may be used to
comply with either the 8-or the 10-hour
off-duty requirement in sleeper berth
operations, in addition to situations in
which a driver moves from a sleeper
berth to a non-sleeper berth operation.
Any two sleeper-berth periods (each
at least two hours long) totaling 10
hours may be used in calculating the 10hour limit, and sleeper-berth periods
not used in calculating the 10-hour limit
will be included in calculating the 14hour limit.

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Drivers of Oil Well Servicing Vehicles
Section 395.1(g) currently permits
drivers with sleeper berths who are off
duty at a natural gas or oil well location
to accumulate the required 8 hours of
off-duty time ‘‘in a sleeper berth in two
separate periods totaling 8 hours,
neither period to be less than 2 hours,
or resting while off duty in other
sleeping accommodations at a natural
gas or oil well location.’’ These ‘‘other
sleeping accommodations’’ are routinely
provided at oil and gas well sites.
In the final rule adopted on April 28,
2003 [68 FR 22456 at 22515], the agency
intended to continue to permit these
drivers to accumulate the required offduty time—extended from 8 hours to 10
hours—in 2 periods in either a sleeper
berth or other sleeping
accommodations. In fact, the new
§ 395.1(g)(2) specifically permits this
conduct. The new rule, however, also
included an additional provision
[§ 395.1(g)(2)(iv)], relating to the offduty requirements a driver must meet
when going from sleeper berth to nonsleeper berth operations. This additional
provision inadvertently omitted the
specific reference to ‘‘other sleeping
accommodations’’ for these drivers.
FMCSA is therefore restoring this
phrase to § 395.1(g)(2)(iv).
Also, § 395.1(g)(2)(iv) is being
amended to match § 395.1(g)(1)(iv),
again for the same reason. Because a
combination of consecutive sleeper
berth time, time in other sleeping
accommodations, and off-duty time
totaling 10 hours satisfies the 10 houroff-duty requirement when a driver
changes from a sleeper berth mode of
operation to a non-sleeper berth mode,
that same option should have been
provided to a driver continuing in the
sleeper berth mode. This amendment
corrects the oversight.
Finally, like the general sleeper berth
rule, the special provision for drivers of
oil-well-servicing vehicles inadvertently
omitted any reference to off-duty time
not spent in a sleeper berth and sleeper
berth time of less than 2 hours. The
agency is therefore adopting the same
language for § 395.1(g)(2)(iii) as for
§ 395.1(g)(1)(iii), and for the same
reason.
16-Hour Short-Haul Exception
Section 395.1(o) of the April 28 final
rule [68 FR 22456 at 22516] was
intended to give short-haul drivers one
16-hour on-duty limit in a 7-day period.
In describing this provision, the
Executive Summary (page 1) to the
Regulatory Impact Analysis prepared for
the rule (item # 23302 in the docket)
states ‘‘This option allows short haul

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and local drivers (drivers who sleep at
home all evenings and who have limited
range of operations) the flexibility to
work up to 16 hours up to one day per
work week.’’ Page 9–9 of the Regulatory
Impact Analysis also describes
§ 395.1(o) as ‘‘allowing one 16-hour shift
per week.’’
As published in the final rule,
however, § 395.1(o)(3) provides that the
driver may not have taken this
exemption ‘‘within the previous 7
consecutive days.’’ The previous 7 days
and the current day (when the
exemption could again be used)
constitute an 8-day cycle, not the 7-day
cycle intended by the agency. FMCSA is
correcting the erroneous reference to
‘‘the previous 7 consecutive days’’ to
‘‘the previous 6 consecutive days.’’ The
exemption will therefore be available
once a week, as originally intended.
Regulatory Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
We have determined these
amendments do not meet the criteria for
a ‘‘significant regulatory action’’ as
specified in Executive Order 12866 or
within the meaning of DOT regulatory
policies and procedures. This document
was not reviewed by the Office of
Management and Budget.
Exception to Notice and Comment
Rulemaking
The Administrative Procedure Act
(APA) allows agencies to dispense with
prior notice and an opportunity for
comment if it finds them impracticable,
unnecessary, or contrary to the public
interest [5 U.S.C. 553(b)(B)]. FMCSA
finds good cause to publish these
technical amendments without prior
notice. These amendments do not
increase the regulatory burden on the
motor carrier industry, nor do they alter
the substantive rights or obligations of
any party. They merely clarify the intent
of the final rule.
Sleeper Berth Provisions
As indicated by the preamble to the
final rule, ‘‘[t]his rule requires that
taking off-duty time, including meal
stops and other rest breaks, of less than
10 hours duration, other than sleeper
berth time, will not extend the work
day.’’ [68 FR 22504, April 28, 2003].
FMCSA inadvertently failed to
articulate clearly in § 395.1(g)(1)(iii) the
full implications of combining the
sleeper-berth provisions with the 14hour limit, and is therefore amending
the provision to clarify that off-duty
time and sleeper-berth time of less than
two hours are counted toward the 14-

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hour limit. Because these requirements
were spelled out in other portions of the
final rule, FMCSA finds prior notice and
opportunity for comment on this
clarifying amendment unnecessary.
In finalizing the general sleeper berth
provisions, FMCSA also failed to
articulate with adequate specificity how
the rule would work if a driver took not
just 2 sleeper berth periods (each at least
2 hours long), but 3 or even more such
periods. The agency is therefore
amending § 395.1(g)(1)(iii) to make
completely clear that any two sleeper
berth periods totaling 10 hours will be
counted, while any other sleeper berth
periods (even those more than 2 hours
long) will simply be treated as off-duty
time for purposes of the 14-hour limit.
The change merely states in detail a
result already required by the final rule.
Therefore, notice and comment are
unnecessary.
The so-called ‘‘oil well exception,’’
which has been in effect for 40 years,
allows drivers of trucks specially
constructed to service oil and gas wells
to cumulate the required 8 hours (now
10 hours) of off-duty time in two
periods in ‘‘other sleeping
accommodations’’ at oil and gas wells.
That exception is embodied in
§ 395.1(g)(2) of the final rule. However,
in the course of combining the ‘‘oil well
exception’’ with the more detailed
requirements of the sleeper-berth
provisions for the final rule, the clarity
of the exception was obscured. FMCSA
has therefore clarified the wording of
§ 395.1(g)(2) to recapture the original
and unchanged meaning of this
provision and to ensure that both
enforcement personnel and the
regulated community understand the
purpose and effect of this provision.
Because the changes do not alter the
meaning of the rule and impose no
additional obligations on anyone,
FMCSA has determined that these
technical amendments do not require
notice and comment.
For decades, FMCSA and State
enforcement personnel treated the
current sleeper berth rule as allowing a
driver to satisfy the requirement for 8
hours off duty by taking either two
sleeper berth periods totaling 8 hours, or
a combination of consecutive sleeper
berth time and other off-duty time
totaling 8 hours. The agency intended to
ratify this practice in the new rule, but
failed to include the necessary text in all
of the relevant places. Sections
395.1(g)(1)(iv), 395.1(g)(2)(iv), and
395.1(g)(3)(iv) were correctly drafted,
and FMCSA is therefore inserting that
language in the introductory phrase of
§§ 395.1(g)(1), 395.1(g)(2), and
395.1(g)(3) as well. Because this

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Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / Rules and Regulations
represents a corrected restatement of a
principle already incorporated into the
final rule, and long enforced by FMCSA
and State officials, the agency has
determined that notice and comment are
unnecessary.

aggregate, or by the private sector of
$100 million or more in any one year.
There are no costs associated with this
rule.

Drivers of Oil Well Servicing Vehicles
The current sleeper-berth rule allows
drivers ‘‘who are off duty at a natural
gas or oil well location’’ to rest ‘‘in a
sleeper berth in two separate periods
totaling 8 hours, neither period to be
less than 2 hours, or resting while off
duty in other sleeping accommodations
at a natural gas or oil well location.’’
[§ 395.1(g) (emphasis added)]. The final
rule was intended to retain the ‘‘other
sleeping accommodations’’ option; as
contained in § 395.1(g)(2). The agency is
correcting an inadvertent omission by
adding a reference to ‘‘other sleeping
accommodations’’ to § 395.1(g)(2)(iv).
Because this change merely applies a
principle allowed for decades by the
previous rule and explicitly endorsed by
the new rule, to drivers leaving—in
addition to those engaged in—sleeper
berth operations, the agency has
determined that notice and comment are
unnecessary.

This rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (Federalism). This rule does not
impose any new requirement that: (1)
has substantial direct effects on the
States, the relationship between the
Federal government and the States, or
the distribution of power among the
various levels of government; (2)
imposes substantial direct compliance
costs on State and local governments; or
(3) preempts State law. This rule does
not have any federalism implications.

16-Hour Exception for Short-Haul
Drivers
FMCSA decided short-haul operations
should be granted a weekly exception to
the prohibition on driving after the 14th
hour after coming on duty. Page 9–9 of
the Regulatory Impact Analysis clearly
states that the analysis concerned ‘‘the
flexibility to work up to 16 hours up to
one day per work week.’’ The final rule,
however, erroneously provided that the
16-hour exemption could not be taken
‘‘within the previous 7 consecutive
days’’ [§ 395.1(o)(3)], which created an
8-day cycle. FMCSA has therefore
determined that notice and comment are
unnecessary to correct the drafting error
and amend § 395.1(o) to allow the
exception if not taken ‘‘within the
previous 6 consecutive days.’’
Regulatory Flexibility Act of 1980 (RFA)
The RFA generally requires a
description and analysis of final rules
that will have a significant economic
impact on a substantial number of small
entities. Since this rule is not subject to
the notice and public comment
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the RFA.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires Federal agencies to
assess the regulatory actions that may
result in the expenditure by a State,
local, or tribal government, in the

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Federalism

Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in section 3 of Executive Order 12988,
Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Intergovernmental Review
Catalog of Federal Domestic
Assistance Program Number 20.217,
Motor Carrier Safety. The regulations
implementing Executive Order 12372
regarding intergovernmental
consultation on Federal programs and
activities do not apply to this action.
Collection of Information
This rule contains no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Environmental Impact
We have analyzed this action for
purposes of the National Environmental
Policy Act and have determined that
this action does not have any effect on
the quality of the environment.

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Submission to Congress and the
Comptroller General
This final rule is also exempt from
congressional review under 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
1996, since it only makes minor
technical corrections to existing
regulations.
List of Subjects in 49 CFR part 395
Highway safety, Motor carriers,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, FMCSA amends title 49 of the
Code of Federal Regulations, chapter III,
subchapter B, as set forth below.
PART 395—HOURS OF SERVICE OF
DRIVERS
1. The authority citation for Part 395
continues to read as follows:

■

Authority: 49 U.S.C. 504, 14122, 31133,
31136, and 31502; sec. 113, Pub. L. 103–311,
108 Stat. 1673, 1676; and 49 CFR 1.73.

2. Section 395.1 is amended by
revising paragraphs (g)(1), (g)(2), and
(o)(3), and revising the introductory
paragraph (g)(3) to read as follows:

■

§ 395.1

Scope of rules in this part.

*

*
*
*
*
(g) * * *
(1) General property-carrying
commercial motor vehicle. A driver who
is driving a property-carrying
commercial motor vehicle that is
equipped with a sleeper berth, as
defined in §§ 395.2 and 393.76 of this
subchapter, may accumulate the
equivalent of 10 consecutive hours of
off-duty time by taking a combination of
at least 10 consecutive hours off-duty
and sleeper berth time; or by taking two
periods of rest in the sleeper berth,
providing:
(i) Neither rest period is shorter than
two hours;
(ii) The driving time in the period
immediately before and after each rest
period, when added together, does not
exceed 11 hours;
(iii) The driver does not drive after the
14th hour after coming on duty
following 10 hours off duty, where the
14th hour is calculated:
(A) by excluding any sleeper berth
period of at least 2 hours which, when
added to a subsequent sleeper berth
period, totals at least 10 hours, and
(B) by including all on-duty time, all
off-duty time not spent in the sleeper
berth, all sleeper berth periods of less
than 2 hours, and any sleeper berth
period not described in paragraph
(g)(1)(iii)(A); and

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Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / Rules and Regulations

(iv) The driver may not return to
driving subject to the normal limits
under § 395.3 without taking at least 10
consecutive hours off duty, at least 10
consecutive hours in the sleeper berth,
or a combination of at least 10
consecutive hours off duty and sleeper
berth time.
(2) Specially trained driver of a
specially constructed oil well servicing
commercial motor vehicle at a natural
gas or oil well location. A specially
trained driver who operates a
commercial motor vehicle specially
constructed to service natural gas or oil
wells that is equipped with a sleeper
berth, as defined in §§ 395.2 and 393.76
of this subchapter, or who is off duty at
a natural gas or oil well location, may
accumulate the equivalent of 10
consecutive hours off duty by taking a
combination of at least 10 consecutive
hours of off-duty time, sleeper-berth
time, or time in other sleeping
accommodations at a natural gas or oil
well location; or by taking two periods
of rest in a sleeper berth, or other
sleeping accommodation at a natural gas
or oil well location, providing:
(i) Neither rest period is shorter than
two hours;
(ii) The driving time in the period
immediately before and after each rest
period, when added together, does not
exceed 11 hours;
(iii) The driver does not drive after the
14th hour after coming on duty
following 10 hours off duty, where the
14th hour is calculated:
(A) by excluding any sleeper berth or
other sleeping accommodation period of
at least 2 hours which, when added to
a subsequent sleeper berth or other
sleeping accommodation period, totals
at least 10 hours, and
(B) by including all on-duty time, all
off-duty time not spent in the sleeper
berth or other sleeping
accommodations, all such periods of
less than 2 hours, and any period not
described in paragraph (g)(2)(iii)(A); and
(iv) The driver may not return to
driving subject to the normal limits
under § 395.3 without taking at least 10
consecutive hours off duty, at least 10
consecutive hours in the sleeper berth
or other sleeping accommodations, or a
combination of at least 10 consecutive
hours off duty, sleeper berth time, or
time in other sleeping accommodations.
(3) Passenger-carrying commercial
motor vehicles. A driver who is driving
a passenger-carrying commercial motor
vehicle that is equipped with a sleeper
berth, as defined in §§ 395.2 and 393.76
of this subchapter, may accumulate the
equivalent of 8 consecutive hours of offduty time by taking a combination of at
least 8 consecutive hours off-duty and

VerDate jul<14>2003

16:57 Sep 29, 2003

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sleeper berth time; or by taking two
periods of rest in the sleeper berth,
providing:
*
*
*
*
*
(o) * * *
(3) The driver has not taken this
exemption within the previous 6
consecutive days, except when the
driver has begun a new 7- or 8consecutive day period with the
beginning of any off duty period of 34
or more consecutive hours as allowed
by § 395.3(c).
Issued on: September 25, 2003.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 03–24765 Filed 9–29–03; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
I.D. 092403C

Atlantic Highly Migratory Species
Fisheries; Bluefin Tuna Retention Limit
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Atlantic bluefin tuna retention
limit adjustment.
SUMMARY: This action adjusts the
Atlantic bluefin tuna (BFT) General
category daily retention limit to allow
for maximum utilization of the
proposed coastwide General category
quota. NMFS increases the daily
retention limit to three large medium or
giant BFT. This action is being taken to
provide increased fishing opportunities
in all areas without risking overharvest
of the General category quota.
DATES: Effective September 27, 2003,
through October 31, 2003.
FOR FURTHER INFORMATION CONTACT: Brad
McHale at 978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.)
and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)

PO 00000

Frm 00076

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among the various domestic fishing
categories, and General category effort
controls (including time-period
subquotas and restricted fishing days
(RFDs)) are specified annually under 50
CFR 635.23(a) and 635.27(a). The 2003
BFT Quota Specifications and General
category effort controls were proposed
on July 10, 2003 (68 FR 41103).
Adjustment of Daily Retention Limit
Under § 635.23 (a)(4), NMFS may
increase or decrease the General
category daily retention limit of large
medium and giant BFT over a range
from zero (on RFDs) to a maximum of
three per vessel to allow for maximum
utilization of the quota for BFT. Based
on a review of dealer reports, daily
landing trends, available quota, and the
availability of BFT on the fishing
grounds, NMFS has determined that an
increase of the daily retention limit for
the month of October is appropriate and
necessary to maximize use of the
proposed coastwide General Category
quota. Based on this seasons landings
rates in June through September, it is
highly unlikely that the proposed
September subquota will be filled in the
remaining fishing days. At current catch
rates and a daily retention limit of two
BFT per vessel, it is also unlikely that
the proposed October through December
subquota, will be attained in the
October through December time-period.
An adjustment to the General category
daily retention limit will allow full use
of the General category quota proposed
for the 2003 fishing year, while
preventing overharvest and ensuring
reasonable fishing opportunities in all
areas. Therefore, NMFS adjusts the
General category daily retention limit to
three large medium or giant BFT per
vessel, effective September 27 through
October 31, 2003.
The intent of this adjustment is to
allow for maximum utilization by
General category participants of the
remaining General category quota
(specified under 50 CFR 635.27(a)),
(which has been adjusted by the quota
carryover from the June through August
and September time-period subquotas),
to help achieve optimum yield in the
General category fishery, to collect a
broad range of data for stock monitoring
purposes, and to be consistent with the
objectives of the HMS FMP.
Closures or subsequent adjustments to
the daily retention limit, if any, will be
published in the Federal Register. In
addition, owners/operators may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9305 for updates
on quota monitoring and retention limit
adjustments.

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