98-32965. Hours of Service of Drivers

[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Proposed Rules]
[Pages 68729-68730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32965]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 395

[FHWA Docket No. FHWA-97-2350; MC-96-28]
RIN 2125-AD93


Hours of Service of Drivers

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of intent to consider negotiated rulemaking process.

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SUMMARY: The FHWA is announcing its intent to explore the feasibility 
of conducting a negotiated rulemaking to revise the drivers' hours-of-
service rules and has hired two convenors for that purpose. Until that 
process is complete and a decision is made concerning negotiated 
rulemaking, the FHWA will continue to move forward with its traditional 
rulemaking process which began with the publication of an advance 
notice of proposed rulemaking in the Federal Register on November 5, 
1996 (61 FR 57252).

FOR FURTHER INFORMATION CONTACT: Neill L. Thomas or David R. Miller, 
Office of Motor Carrier Research and Standards, [phone], or 
Charles E. Medalen, Office of Chief Counsel, [phone], Federal 
Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    An electronic copy of this document may be downloaded using a 
computer, modem, and suitable communications software from the 
Government Printing Office (GPO) electronic bulletin board service 
(telephone: [phone]). Internet users may reach the Federal 
Register's home page at: http://www.nara.gov/fedreg and the GPO's

[[Page 68730]]

web page at: http://www.access.gpo.gov/nara.

Background

    In a negotiated rulemaking, an agency invites interested parties 
that are likely to be affected by a regulation to work with each other 
and the agency on a negotiating committee to develop a consensus draft 
of a proposed rule. That proposed rule would then be published by the 
agency for public comment under customary regulatory procedures.
    The FHWA believes cooperative problem solving should be given 
serious consideration. An agency must determine whether an appropriate 
advisory committee can be assembled that would fairly represent all 
affected interests and negotiate in good faith. The FHWA has, 
therefore, retained two convenors (Charles Pou, Jr. and Alana Knaster) 
to undertake the initial stage in the negotiated rulemaking process.
    The neutral convenors will interview affected interests, including 
drivers, motor carriers, safety advocacy groups, enforcement officials, 
insurers, and others. The convenors will, among other things, examine 
the potential for adequate and balanced representation of these varied 
interests on an advisory committee that would be convened to negotiate 
the regulation. The convenors will then submit a written report of 
findings and recommendations to the agency. The convenors' report will 
provide a basis for the FHWA to decide whether to proceed with 
negotiated rulemaking, and, if so, to determine the scope of the issues 
the committee would be charged with addressing. In the alternative, the 
FHWA may decide to proceed with traditional informal rulemaking. Toward 
this latter end, the agency continues to consider and evaluate various 
options for revising the hours-of-service rules.
    Any comments the FHWA may receive in reaction to this notice will 
be provided to the convenors and filed in the public docket.
    Should the FHWA decide to proceed with a negotiated rulemaking 
process, the agency would follow the procedures set forth in the 
Negotiated Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would 
include the establishment of a negotiating committee under the Federal 
Advisory Committee Act (5 U.S.C. Appendix 2), and a Federal Register 
notice setting forth full particulars about the process and public 
participation.

    Authority: 5 U.S.C. 561 et seq.; 49 U.S.C. 31136, 31502; and 49 
CFR 1.48

    Issued on: December 7, 1998.
Kenneth R. Wykle,
Federal Highway Administration Administrator.
[FR Doc. 98-32965 Filed 12-11-98; 8:45 am]
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