Agency Information Collection Activities; New Information Collection: Hours of Service of Drivers: Pilot Program To Allow Commercial Drivers To Pause Their 14-Hour Driving Window

Issuing agencies

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 and invites public comment. This notice invites comments on a proposed information collection titled Hours of Service of Drivers: Pilot Program to Allow Commercial Drivers to Pause Their 14- Hour Driving Window. This research study will collect data on commercial motor vehicle (CMV) drivers to examine if extending the 14- hour "driving window" with up to 3 hours of off duty, sleeper berth, or on-duty/not driving time (provided it is taken at the location of cargo delivery or pickup) improves the working conditions and quality of life of America's truck drivers and result in an equivalent or greater level of safety relative to operations under the current regulations. Approximately 256 CMV drivers will provide data in the study. The study will provide FMCSA with data to examine driver fatigue and driving performance while operating under current hours of service (HOS) regulations and while operating under split duty period (SDP) exemptions.

Full Text

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<title>Federal Register, Volume 91 Issue 192 (Tuesday, October 6, 2026)</title>
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[Federal Register Volume 91, Number 192 (Tuesday, October 6, 2026)]
[Notices]
[Pages 63640-63642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20476]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2026-2081]


Agency Information Collection Activities; New Information 
Collection: Hours of Service of Drivers: Pilot Program To Allow 
Commercial Drivers To Pause Their 14-Hour Driving Window

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 and invites public comment. This notice invites comments 
on a proposed information collection titled Hours of Service of 
Drivers: Pilot Program to Allow Commercial Drivers to Pause Their 14-
Hour Driving Window. This research study will collect data on 
commercial motor vehicle (CMV) drivers to examine if extending the 14-
hour ``driving window'' with up to 3 hours of off duty, sleeper berth, 
or on-duty/not driving time (provided it is taken at the location of 
cargo delivery or pickup) improves the working conditions and quality 
of life of America's truck drivers and result in an equivalent or 
greater level of safety relative to operations under the current 
regulations. Approximately 256 CMV drivers will provide data in the 
study. The study will provide FMCSA with data to examine driver fatigue 
and driving performance while operating under current hours of service 
(HOS) regulations and while operating under split duty period (SDP) 
exemptions.

DATES: Comments on this notice must be received on or before December 
7, 2026.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-2081 using any of the following methods:
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the online instructions for submitting comments.
    <bullet> Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 
20590-0001.
    <bullet> Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey

[[Page 63641]]

Avenue SE, W58-213, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Samuel White, Research Division, DOT, 
FMCSA, 1200 New Jersey Avenue SE, West Building, 6th Floor, Washington, 
DC 20590-0001; 202-366-3068; <a href="/cdn-cgi/l/email-protection#194a78746c7c75374e71706d7c597d766d377e766f"><span class="__cf_email__" data-cfemail="5f0c3e322a3a33710837362b3a1f3b302b71383029">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Instructions

    All submissions must include the Agency name and docket number. For 
detailed instructions on submitting comments, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any 
personal information provided. Please see the Privacy Act heading 
below.

Public Participation and Request for Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2026-2081), indicate the specific section of this 
document to which your comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so FMCSA can contact you if there are questions regarding your 
submission.
    To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2026-2081/document">https://www.regulations.gov/docket/FMCSA-2026-2081/document</a>, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.
    FMCSA will consider all comments and material received during the 
comment period.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory process. DOT posts these 
comments, including any personal information the commenter provides, to 
<a href="http://www.regulations.gov">www.regulations.gov</a> as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed 
at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edits and are 
searchable by the name of the submitter.

Background

    HOS is a high-priority topic for FMCSA. Addressing driver fatigue, 
which is a serious safety concern for our nation's truck drivers and 
those who share the road with them, is at the heart of HOS regulations. 
Previous research has shown that driver fatigue is associated with an 
increased risk of being involved in a safety-critical event and may be 
involved in over 30 percent of fatal CMV crashes. As a result, HOS 
regulations are designed to limit the number of driving hours within a 
24-hour period and across a 7- or 8-day window.
    Under 49 CFR 395.3(a)(2), a driver of a property-carrying CMV may 
drive only during a period of 14 consecutive hours after coming on duty 
following 10 consecutive hours off duty. The driver may not drive after 
the end of the 14-consecutive-hour period without first taking 10 
consecutive hours off duty or in the sleeper berth (including the 
option to take the ``equivalent of at least 10 consecutive hours off-
duty'' as referenced in Sec.  395.1(g)(1)(i)(E)).
    On August 22, 2019, FMCSA published a notice of proposed rulemaking 
(NPRM) concerning drivers' HOS which proposed certain amendments to 
provide greater flexibility for drivers, without adversely affecting 
safety (84 FR 44190). As part of that rulemaking, FMCSA proposed that a 
single off-duty period of between 30 minutes and 3 consecutive hours 
could be excluded from the 14-hour ``driving window,'' provided the 
driver complies with the existing requirement to take 10 consecutive 
hours off-duty before beginning driving. The Agency explained that a 
single pause of up to 3 hours would provide significantly more 
flexibility than was allowed under the current rules. The pause would 
have allowed drivers to take an off-duty break without concern of 
exhausting their available hours under the 14-hour ``driving window.'' 
This would also have allowed them to get additional rest or avoid 
traffic congestion.
    After reviewing the public comments to the NPRM, the Agency decided 
not to include the pause to the 14-hour ``driving window'' in the final 
rule (85 FR 33396, June 1, 2020). Although FMCSA explained that it 
continued to believe that an opportunity for a single off-duty pause in 
the 14-hour ``driving window'' would provide flexibility for drivers 
without compromising safety, many commenters believed that drivers 
would be pressured by carriers, shippers, or receivers to use the break 
for reasons other than accommodating their own rest or schedule. These 
comments suggested that the pause could have unintended consequences 
that were not adequately evaluated in the development of the NPRM.
    To further evaluate the outcomes of a split duty period, the Agency 
later proposed a pilot program which would have examined the level of 
safety of extending the 14-hour ``driving window'' after a 30-minute to 
3-hour off-duty period (85 FR 55061, Sept. 3, 2020). Due to changes in 
programmatic priorities over time, FMCSA ultimately did not initiate 
the pilot program. Since then, drivers have continued to encounter 
various scenarios in which they might have benefited from the 
flexibility to extend the 14-hour ``driving window,'' including 
encountering unreasonably long periods of ``detention time'' when 
waiting to load or unload. The previously proposed pilot program, 
however, would not have allowed on-duty time of any type to count 
toward a ``pause,'' even if that program had been completed.
    As such, this study will assess the safety and performance impacts 
of additional flexibility for CMV drivers to pause their 14-hour 
driving window. Specifically, the study will collect multiple sources 
of data to examine driver fatigue and driving performance while 
operating under current HOS regulations and while operating under SDP 
exemptions.
    The study includes data collection via pre- and post-study surveys, 
psychomotor vigilance tests, subjective sleepiness ratings, a wrist 
actigraphy device, drivers' record of duty status (RODS), and a non-
intrusive telematics device. These data will provide information on 
drivers' schedules, the use of SDP exemptions, fatigue, and driving 
performance. This information will allow FMCSA to assess whether 
additional flexibility in how drivers may pause their 14-hour driving 
window achieves a level of safety equivalent to that which would be 
achieved absent the regulatory relief. After agreeing to participate in 
the study, drivers will participate in the study for 16 weeks.
    Eligibility to participate will be based on carrier and driver 
safety records. A

[[Page 63642]]

motor carrier's participation in the pilot program shall be contingent 
upon the carrier meeting the following eligibility criteria:
    1. Must have applicable interstate operating authority and 
registration;
    2. Must have the minimum levels of financial responsibility under 
49 CFR part 387, if applicable;
    3. Must not be a high or moderate risk carrier, as defined in the 
Agency's Federal Register notice titled ``Notification of Changes to 
the Definition of a High-Risk Motor Carrier and Associated 
Investigation Procedures'' (81 FR 11875, Mar. 7, 2016);
    4. Must not have a ``Unsatisfactory'' safety rating;
    5. Must not have any FMCSA enforcement actions within the past 3 
years;
    6. Must not have a driver out of service (OOS) rate above the 
National average; and
    7. Must not have a vehicle OOS rate above the National average.
    In addition, unpaid civil penalties may be grounds for exclusion 
from participating in the pilot program.
    Further, motor carriers participating in the pilot program would be 
required to:
    <bullet> Grant permission for drivers to participate in the pilot 
program;
    <bullet> Agree to comply with all pilot program procedures;
    <bullet> Grant permission for the Virginia Tech Transportation 
Institute to gather RODS information for each participating driver 
throughout the study duration; and
    <bullet> Grant permission for drivers participating in the study to 
operate under the applicable exemption.
    A driver would not be eligible for participation in the pilot 
program if the driver is identified in FMCSA's Drug and Alcohol 
Clearinghouse, regardless of whether the driver has completed the 
return-to-duty process, or during the 2-year period immediately 
preceding the date of participation, the driver had his or her license 
suspended, revoked, cancelled, or has been disqualified for a 
conviction of one of the disqualifying offenses listed in Sec.  383.51. 
In addition, drivers would be required to:
    <bullet> Possess a valid commercial driver's license;
    <bullet> Maintain a valid medical certificate from a healthcare 
professional on the Agency's National Registry of Certified Medical 
Examiners while participating in the pilot program;
    <bullet> Be employed by a motor carrier who has been approved for 
participation in the pilot program and/or certify as an owner-operator;
    <bullet> Agree to the release of specific information to FMCSA for 
purposes of the pilot; and
    <bullet> Agree to comply with all study procedures, including the 
use of actigraphs and RODS.
    FMCSA would also reserve the right to exclude from participation 
any driver whom the Agency believes has a safety history incompatible 
with the interests of the pilot programs.
    The study will use a convenience sampling approach, where 
participating carriers and drivers volunteer to participate. This is 
expected to attract drivers who are likely to use the exemption, which 
is key to obtaining sufficient data during the exemption period and 
maximizing statistical power for analyses. However, the sample of 
drivers will be drawn from carriers who are representative of the 
overall distribution of carrier sizes in the population of interstate 
motor carriers utilizing drivers beyond a 100-mile radius. A total of 
256 CMV drivers will participate in this study.
    The ``method of comparison'' for the ``safety analysis plan'' will 
vary depending on the data, but may include t-tests, [chi]\2\ tests, 
other inferential/descriptive statistics, and/or qualitative analyses 
to include case narratives (e.g., for crash events). To make effective 
comparisons between drivers operating in compliance with the current 
regulations and drivers operating under the conditions of the 
exemption, the study has been structured as a within-subjects research 
design, which will compare data for the same drivers operating under 
both conditions.
    Title: Hours of Service of Drivers: Pilot Program to Allow 
Commercial Drivers to Pause Their 14-hour Driving Window.
    OMB Control Number: 2126-00XX.
    Type of Request: New ICR.
    Respondents: CMV drivers.
    Estimated Number of Respondents: 256 CMV drivers.
    Estimated Time per Response: Varies depending on the task, 16.68 
total hours per respondent over 16 weeks.
    Expiration Date: This is a new ICR.
    Frequency of Response: Daily.
    Estimated Total Annual Burden: 4,270.92 hours.
    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. The Agency will summarize or include your 
comments in the request for OMB's clearance of this ICR.

    Issued under the authority of 49 CFR 1.87.
Nicole S. Michel,
Acting Associate Administrator, Office of Research and Registration.
[FR Doc. 2026-20476 Filed 10-5-26; 8:45 am]
BILLING CODE 4910-EX-P


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