Notice2024-03256
Agency Information Collection Activities; Approval of a New Information Collection Request: Impact of Driver Detention Time on Safety and Operations
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Published
February 16, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This notice invites comments on a proposed information collection titled Impact of Driver Detention Time on Safety and Operations. This research study will collect data on commercial motor vehicle (CMV) driver detention time representative of the major segments of the motor carrier industry, analyze that data to determine the frequency and severity of detention time, and assess the utility of existing intelligent transportation systems (ITS) solutions to measure detention time. Approximately 80 carriers and 2,500 CMV drivers will provide data in the study. The study will provide a better understanding of the impact of driver detention time on driver safety and CMV operations and inform strategies that may be used to mitigate driver detention time. The number of public comments received in response to the 60-day FR notice was 171.
Full Text
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<title>Federal Register, Volume 89 Issue 33 (Friday, February 16, 2024)</title>
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[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Notices]
[Pages 12413-12416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03256]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0172]
Agency Information Collection Activities; Approval of a New
Information Collection Request: Impact of Driver Detention Time on
Safety and Operations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval.
This notice invites comments on a proposed information collection
titled Impact of Driver Detention Time on Safety and Operations. This
research study will collect data on commercial motor vehicle (CMV)
driver detention time representative of the major segments of the motor
carrier industry, analyze that data to determine the frequency and
severity of detention time, and assess the utility of existing
intelligent transportation systems (ITS) solutions to measure detention
time. Approximately 80 carriers and 2,500 CMV drivers will provide data
in the study. The study will provide a better understanding of the
impact of driver detention time on driver safety and CMV operations and
inform strategies that may be used to mitigate driver detention time.
The number of public comments received in response to the 60-day FR
notice was 171.
DATES: Comments on this notice must be received on or before March 18,
2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Dan Britton, Mathematical
Statistician, Office of Research and Registration, DOT, FMCSA, 6th
Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001; 202-366-9980; <a href="/cdn-cgi/l/email-protection#c0a4a1aeeea2b2a9b4b4afae80a4afb4eea7afb6"><span class="__cf_email__" data-cfemail="8aeeebe4a4e8f8e3fefee5e4caeee5fea4ede5fc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Impact of Driver Detention Time on Safety and Operations.
OMB Control Number: 2126-00XX.
Type of Request: New ICR.
Respondents: CMV carriers and drivers.
Estimated Number of Respondents: 80 CMV carriers and 2,500 CMV
drivers.
Estimated Time per Response: 30 seconds (for drivers and CMV
carrier operation team).
Expiration Date: This is a new ICR.
Frequency of Response: Once per delivery/pick-up.
Estimated Total Annual Burden: 7,869.17 hours.
Background
``Detention time'' refers to the extra time CMV operators wait at
shipping and receiving facilities due to delays not associated with the
loading and unloading of cargo. Drivers are often not paid for this
extra time. Although there is currently no standard definition of
detention time, the CMV industry, the U.S. Government, and academic
researchers in the United States have previously used dwell time--the
total amount of time spent at a facility--exceeding 2 hours to define
when detention time occurs.
Detention time in the CMV industry is a longstanding issue and
consistently ranks as one of the top problems for a large portion of
CMV operators on an
[[Page 12414]]
ongoing basis. Further, detention time often results in lost revenue
for many drivers and carriers. Reducing detention time may reduce costs
for carriers, increase pay for drivers, and improve CMV drivers'
ability to make deliveries on time or arrive at a destination as
planned without violating hours of service (HOS) requirements. Finally,
drivers who experience less detention time may be more likely to drive
safely to reach their destinations within the HOS limits and less
likely to operate beyond HOS limits and improperly log their driving
and duty time to make deliveries on time.
An important first step in addressing detention time is
understanding the factors that contribute to the issue. FMCSA completed
a study in 2014 on the impact of detention time on CMV safety. Although
this study provided valuable initial insights, it had several
limitations, including a small sample of mostly large carriers, a
rudimentary estimation of detention time, the inability to identify
time spent loading/unloading, and data that did not cover an entire 12-
month period. Therefore, FMCSA needs additional data from a broader
sample of carriers to understand the safety and operational impact of
detention time, to better understand why detention time occurs, and to
identify potential mitigation strategies the CMV industry may use to
reduce detention time while improving operational efficiencies and
safety.
The purpose of obtaining data in this study is to evaluate the
impact of driver detention time on safety and CMV operations.
Specifically, there are three primary objectives for the data
collection in this study: (1) assess the frequency and severity of
driver detention time using data that represent the major segments of
the motor carrier industry; (2) assess the utility of existing ITS
solutions to measure detention time; and (3) prepare a final report
that summarizes the findings, answers the research questions, and
offers strategies to reduce detention time. Completing these research
objectives will provide insight into any relationship between driver
detention time and CMV safety. Additionally, the findings from this
study can contribute to a more complete understanding of these issues
and facilitate private sector decisions that lead to reductions in
detention time and improvements in safety and supply chain efficiency.
The study includes data collection via electronic logging devices
(ELDs), transportation management systems (TMS), vehicle telematic
systems, safety records, and answers to questions delivered through the
carriers' dispatching systems. The ELD, TMS, telematics, and safety
data are already collected by carriers. The only additional data that
will be collected will be the answers to questions submitted through
the carriers' dispatching systems. This information will allow FMCSA to
identify the severity and frequency of detention time, the factors that
contribute to detention time, and the administrative, operational, and
safety outcomes of detention time. After agreeing to participate in the
study, carriers will collect and provide 12 months of data.
The carriers will be selected so that the sample is representative
of the nation. Carriers will be selected from those who use an ELD,
TMS, and telematics device or app that is integrated with the research
team's data collection system for delivery/pickup details, telematics
and vehicle tracking metrics, and ELD data. However, the study may
include other carriers that express interest in participating if they
use an ELD, TMS, and telematics device that can be integrated with the
research team's system to collect data. These data are critical to
answer the research questions. The final sample from this source will
include up to 80 carriers with up to 2,500 total vehicles. This sample
will include a variety of carrier operations, including long haul/short
haul, private/company fleets and for-hire fleets, port servicing
(primarily chassis), owner-operators, hourly and mileage-based
operators, truckload/less-than-truckload, and dedicated local delivery.
These carriers will range in size from single-vehicle owner-operators
to carriers with hundreds of trucks, with a likely average fleet size
of approximately 30 vehicles. Multiple analyses will be performed,
including assessing the relationships between detention time and
characteristics of carriers, facility locations, and driver schedules
(appointment times, time of day, day of week, month, and season).
Measures of detention time will include the number of detained stops
per shift and the duration of each detention. Regression models will be
used to compare these variables for significant differences in
associated detention time.
Another analysis will examine the relationship between detention
time and safety outcomes during the shifts following the detention
time. The relationships between detention time and safety outcomes will
be evaluated by generalized linear models such as Poisson or negative
binomial regression models. The independent variables will be the
characteristics of detention time, such as detention time per shift.
The response variable will be the number of safety outcomes (e.g.,
crashes) that occurred during the subsequent shift. The driving time
will be treated as an exposure variable to normalize crash risk with
respect to driving time.
Finally, the study will estimate the cost per year associated with
detention time, including lost productivity, disruptions to the supply
chain, and any increases in fatal, injury, and property-damage-only
crashes.
FMCSA published the 60-day Federal Register notice on August 24,
2023, and the comment period closed on October 24, 2023 (88 FR 58060).
A total of 171 comments were received from the public. These comments
revolved around 11 issues, with many comments covering more than one
issue, to varying degrees: (1) the relationship between detention time
and driver compensation; (2) organizational issues at the shipper/
receiver, carrier, and/or broker; (3) the relationship between
detention time and pick-up/delivery appointment times; (4) examples of
detention time characteristics as experienced by commenters; (5) the
relationship between detention time and HOS regulations; (6) the impact
of detention time on logistics and the economy; (7) the impact of
detention time on driver welfare; (8) the impact of detention time on
driver and roadway user safety; (9) suggestions and support for
detention time-related regulations; (10) considerations for defining
and quantifying detention time and collecting necessary data; and (11)
general support for the study. Responses to these issues are provided
below. Many comments touched on multiple issues; however, the responses
below are organized based on the primary feedback provided.
The Relationship between Detention Time and Driver Compensation
Two-thirds of the comments described a relationship between
detention time and driver compensation. The comments included
descriptions of current pay structures, including driver pay modality
(i.e., pay by mile, load, or hour) and detention-specific compensation
(e.g., pay per detainment, maximum pay, proportion of detainment-
related pay received by driver, etc.). The comments reflected
hypotheses that current pay structures impact detention frequency and
severity and that detention frequency and severity, in turn, also
affect driver compensation. Several comments also included proposed
compensation approaches to address detention frequency and severity and
the resulting financial impacts on drivers.
[[Page 12415]]
FMCSA believes it is important to understand the relationship
between driver compensation and detention time. An assessment of driver
compensation and safety and other driver-related factors (including
detention time) is the focus of a separate study sponsored by FMCSA and
conducted by the Transportation Research Board. The study outlined in
this notice is focused on the relationship between driver detention
time, safety, and operations. FMCSA believes these studies will
complement each other and provide vital information on detention time.
Organizational Issues at The Shipper/Receiver, Carrier, and/or Broker
A total of 78 comments described organizational issues at the
shipper/receiver, carrier, and/or broker level and their impacts on
detention time. These comments included inefficiencies at shippers/
receivers that increase detention time (e.g., understaffed shipper/
receiver facilities leading to backups in loading/unloading; difficult
driver check-in procedures adding to time spent at a facility; products
being processed at loading, which extends the loading time; shippers/
receivers not honoring appointment times; lack of room in storage
facilities for products to be unloaded; appointment times scheduled for
facility shift changes or breaks; and overloading the truck). Comments
also described poor communication and unequal power dynamics between
shippers/receivers, drivers, and carriers/brokers regarding expected
loading/unloading times and detention times. Several comments described
difficulties obtaining verified documentation of detention time due to
complicated paperwork and concern for adding waiting time to have
paperwork completed. A few comments touched on leased warehouses and
the potential impact on detention time.
These comments illustrate the need to collect data on loading/
unloading time, active dwell time, and detention time. The study
outlined in this notice will collect this data through multiple
methods: driver self-report, TMS data (such as shipper/receiver, order
pick-up/delivery locations, appointment time, billed amount for
detention time, etc.), and telematics/ELD data (such as latitude and
longitude and duty status). In addition, analyses in the study will
consider carrier fleet size, operation type, geographic location, time
of year, facility type, and other key features to determine their
impacts on detention time and safety. Some comments proposed solutions
to reduce detention time, but the study will only collect data on
detention time as it occurs, without attempting to determine the
effectiveness of alternative methods of reducing detention time.
The Relationship Between Detention Time and Pick-Up/Delivery
Appointment Times
A total of 27 comments touched on the relationship between
detention time and pick-up/delivery appointment times. The comments
included discussions of appointment times not being honored at pick-up/
delivery locations, unrealistic scheduled appointment times, and the
impact of detention time on the remaining pick-up/delivery appointment
times scheduled for the day or week. The study will collect data on
appointment times (if applicable) through the carriers' TMS. The data
will be analyzed to assess whether detention time varies for pick-ups/
deliveries with and without appointment times.
Shared Examples of Detention Time Characteristics as Experienced by
Commenters
A total of 49 comments provided detailed examples of detention time
as experienced by commenters, some describing typical situations, with
others describing atypical but significant situations, including
reports of detention time lasting 24 hours. The study will capture
detention time reports from up to 2,500 drivers over a year of driving.
The detention time data will be assessed to understand the full
spectrum of detention time experienced by the participating carriers
and drivers.
The Relationship Between Detention Time and Hours-of-Service
Regulations
A total of 41 comments described the relationship between detention
time and HOS regulations. At a high level, HOS regulations provide
legal boundaries on daily and weekly driving and working hours. The
comments described the difficulty in capturing detention time using
standard HOS regulation duty statuses. When waiting at shippers/
receivers, drivers often need to remain vigilant for their opportunity
to load/unload, and they might use this time to perform non-driving
work, which means they are not truly ``off duty.'' However, remaining
``on duty'' for detention time can use a significant portion of
drivers' regulated workday hours, limiting their opportunities to work
or drive after they leave the shipper/receiver. After experiencing
detention time, drivers also feel impacted by HOS limits when needing
to drive to a safe resting location. Comments included discussion of
falsifying logs after detention time. The study will capture
information on drive time, work time, and HOS-related violations
through ELD data and driver self-reports via prompted electronic
questions. Additionally, the study will collect data on all activity
while the vehicle is at a delivery/pickup location to account for
drivers who go off-duty while detained. These data will provide a
better understanding of the relationship detention time has with HOS
regulations.
Impact of Detention Time on Logistics and the Economy
Ten comments discussed the impact of detention time on logistics
and the economy. Previous studies have estimated the impacts of
detention time on industry earnings and society as a whole. The
comments explained that detention time causes supply chain issues,
impacts efficiency, and reduces time available to make additional pick-
ups and deliveries, and can reduce the quality of goods, leading to
products being rejected by the receiver upon delivery. Additionally,
drivers often use fuel while waiting to load/unload. The study outlined
in this notice will investigate the costs of driver detention time in
terms of lost productivity and disruptions to the supply chain.
The Impact of Detention Time on Driver Welfare
There were 66 comments that discussed the impact of detention time
on driver welfare. Drivers who experience detention time may find
themselves unexpectedly needing to complete their route at night.
Commenters reported not being allowed to rest while waiting to load/
unload and not being allowed to rest at the shipper/receiver after
detention time, forcing them to return to the roadway to find safe
parking. Commenters mentioned that drivers are often not granted access
to essential facilities, such as restrooms or vending machines
(possibly as a coronavirus disease mitigation strategy), and yet they
also cannot leave the shipper/receiver without risking their place in
line. For all these reasons, detention time can increase fatigue and
cause stress, frustration, and anger. Several comments discussed the
Fair Labor Standards Act (FLSA), which regulates minimum wage and
overtime pay for private and government employees. Drivers are exempt
from FLSA laws. The impact of detention time on driver welfare, while
outside the scope of the current study, is an important topic and may
be examined in a follow-up study.
[[Page 12416]]
The Impact of Detention Time on Driver and Roadway User Safety
A total of 73 comments discussed the impact of detention time on
driver and roadway user safety. After experiencing detention time,
drivers may be inclined to drive aggressively and/or over the speed
limits to stay within their HOS regulatory limits, arrive at the next
appointment on time, or return home. The comments described how
detention time can lead to fatigued driving, driving during hours
outside a driver's regular schedule (such as at night), unpredictable
sleep schedules, and road rage.
The study will capture information on safety-related events through
insurance claims data, Federal crash data, telematics data, and driver
self-reports via prompted electronic questions. The study will link the
safety-related event data to detention time data and assess whether
driver detention influences the likelihood of crashes and fatigue.
Suggestions and Support for Detention Time-Related Regulations
A total of 41 comments provided suggestions and/or support for
detention time-related regulations, including potential regulations
addressing driver pay, use of appointment times versus open pick-up/
delivery windows, shipper/receiver facility maintenance and upgrades to
improve efficiency, the use of leased warehouses, standardization of
detention time documentation on pick-up/delivery-related paperwork, the
FLSA, reasonable wait times, fines for shippers/receivers who go beyond
a federally established wait time limit, and the creation of a Federal
and/or publicly-accessible database that documents shipper/receiver
detention time behavior. FMCSA believes the study outlined in this
notice is essential to obtaining a full and updated understanding of
detention time, which will help identify solutions to the problem.
Considerations for Defining and Quantifying Detention Time and
Collecting Necessary Data
Five comments raised concerns regarding how to define detention
time, accurately quantify detention time according to a standard
definition, and collect the necessary data to conduct the study
analyses. The definition of detention time has varied across industry,
government, and research; however, it generally includes components
regarding the time the driver has been at the shipper/receiver, the
duty status of the driver, and loading/unloading progress. The comments
emphasized that the study needs to collect accurate data. The current
study will collect detention time data through multiple methods: driver
self-report, TMS data (such as shipper/receiver, order pick-up/delivery
locations, appointment times, scheduled and planned arrival and
departure times, billed amounts for detention time, etc.), and
telematics/ELD data (such as latitude and longitude). The study will
use GPS data and geofenced shipper/receiver facility data to obtain
arrival and departure information.
One comment suggested broadening the sample universe to include
more than one telematics service in FMCSA's carrier eligibility
requirements. The comment also suggested expanding the sample universe
to include carriers who do not use telematics services or ELDs. To
collect the necessary data and answer the study research questions,
carriers must use a telematics and ELD service. Since the 60-day
Federal Register notice, FMCSA has partnered with one of the leading
TMS, ELD, and telematics providers used by many small carriers. While
the Agency may focus recruitment on clients of this service provider,
the study documents have been revised to allow carriers using a
different provider to participate if they meet the criteria and can
integrate their platforms with the new technology provider.
Another comment emphasized the need to protect personal information
shared by carriers and drivers in the study. Protecting participant
data is of the utmost importance to FMCSA. The Agency will take all the
necessary precautions to ensure the confidentiality of participant
data. As part of this process, all drivers and carriers will be
assigned anonymous identification numbers to link all datasets.
Further, FMCSA will scrub all datasets of any information that could
potentially identify participants. Identifying driver and carrier
information will not be shared with the Agency.
One comment suggested the burden estimate was too low. However, the
data management and cleaning tasks the commenter felt had not been
accounted for will not be the responsibility of participating carriers.
FMCSA will perform the additional data linking and cleaning tasks not
included in the burden estimate. However, the Agency has removed the
data collection task that asked carriers' operation teams to respond to
questions each time an order is booked, scheduled, or dispatched.
Information that would have been collected by these questions was
determined to be redundant to information collected via the automated
data collection system, and using the automated data collection system
to collect this information will reduce the burden on participating
carriers.
Support for the Study
Thirteen comments specifically mentioned support for the study. The
comments expressed the importance of collecting accurate and
representative data, highlighting how updated detention time
assessments could be utilized to address the frequency and severity of
detention time. FMCSA believes this is an important study that will
provide a critical and updated understanding of detention time across
various segments of the industry.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-03256 Filed 2-15-24; 8:45 am]
BILLING CODE 4910-EX-P
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