Motor carrier safety standards: Hours of service of drivers; negotiated rulemaking,

[Federal Register: December 14, 1998 (Volume 63, Number 239)]

[Proposed Rules]

[Page 68729-68730]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14de98-35]

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.

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, (202) 366-4009, or Charles E. Medalen, Office of Chief Counsel, (202) 366-1354, 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: 202-512-1661). 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 filedin 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. 98-32965Filed12-11-98; 8:45 am]

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