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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices the yard private property on weekends. How is the yard time to be recorded?
Guidance: On-duty not driving.
FMCSA also published guidance in the guidance portal on February 28, 2020, that distinguishes between movements of the CMV that may be considered as off-duty personal conveyance and movements that are on-duty yard moves. This guidance is available on the Agencys website in the guidance portal at https
www.fmcsa.dot.gov/hours-service/elds/
when-can-movement-cmv-during-dutyperiod-be-considered-personalconveyance and reads as follows:
FAQ 12: When can a movement of a CMV during an off-duty period be considered personal conveyance?
Answer: A move may be considered as personal conveyance if the driver is offduty and the movement is not for the motor carrier, shipper or receivers commercial benefit. Examples include moving a CMV from one parking space to another at a shipper or port, or driving to a truck stop, rest area or any other location. In these situations, the CMV movement is made in the off-duty period. However, the CMV should be moved no farther than the nearest reasonable and safe location to complete the rest period.
An on-duty yard move, such as moving the vehicle a short distance while waiting to load, would not qualify as personal conveyance.
III. Proposed Guidance Language FMCSA proposes to clarify when a driver may record time performing yard moves as on-duty not driving time by providing examples of properties that qualify as yards.
Therefore, the movement of a CMV on these properties would qualify as a yard move and be recorded as onduty not driving time.
FMCSA proposes to replace Question 9 to 49 CFR 395.2 at https
www.fmcsa.dot.gov/regulations/hoursservice/ss3952-definitions with the following revised Question 9 and seeks comments on this proposed guidance.
This guidance, if finalized, lacks the force and effect of law and is not meant to bind the public in any way. This guidance document is intended only to provide clarity to the public regarding the Agencys interpretation of its existing regulations.
Question 9: Under what circumstances may a driver classify the operation of a commercial motor vehicle CMV as a yard move and record it as on-duty not driving time?
a Guidance: A driver may record time operating a CMV for yard moves as
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on-duty not driving under 49 CFR
395.8b only if the movement of the CMV occurs in a confined area on private property or intermodal facility or briefly on public roads, as described below. Examples of properties that may qualify as yards include, but are not limited to:
1. An intermodal yard or port facility.
2. A motor carriers place of business.
3. A shippers privately-owned parking lot.
4. A public road, but only if and while public access to the road is restricted through traffic control measures such as lights, gates, flaggers or other means. For example, if a driver must operate on a public road briefly to reach different parts of a private property, the movement may be considered a yard move if public access is restricted during the move.
b Examples of properties that do not qualify as yards, include, but are not limited to:
1. A public road without the traffic control measures in paragraph a4
above.
2. Public rest areas.
IV. Expiration Date of the Proposed Regulatory Guidance In accordance with section 5203a2A and a3 of the Fixing Americas Surface Transportation FAST Act, Public Law 11494, 129
Stat. 1312, 1535 Dec. 4, 2015, 49 CFR
part 5, subpart C, and Executive Order 13891, the proposed regulatory guidance will be posted on FMCSAs website in the guidance portal, https
www.fmcsa.dot.gov/guidance, if finalized. It would be reviewed by the Agency no later than 5 years after it is finalized. The Agency would consider at that time whether the guidance should be withdrawn, reissued for another period up to 5 years, or incorporated into the safety regulations.
V. Request for Comments Refer to the ADDRESSES section above for instructions on submitting comments to the public docket concerning this regulatory guidance.
FMCSA will consider comments received by the closing date of the comment period to determine whether any further clarification of these regulatory provisions is necessary. In addition to general comments concerning the guidance, the Agency requests responses to the following questions:
1. Would defining yard moves in the Agencys regulations provide necessary clarification and therefore benefit carriers and drivers?

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2. Are there other properties or situations where drivers may be in a yard move status that should be included as examples in this guidance?
3. Would adding examples of yard moves be beneficial for this guidance e.g., moving a CMV for maintenance?
If so, please provide examples for consideration.
4. How should yard be defined for the purposes of this guidance?
James W. Deck, Deputy Administrator.
FR Doc. 202029062 Filed 123120; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Docket No. NHTSA20200011; Notice 1

Goodyear Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration NHTSA, Department of Transportation DOT.
ACTION: Receipt of petition.
AGENCY:

Goodyear Tire & Rubber Company Goodyear has determined that certain Eagle F1 Asymmetric 5 tires do not fully comply with Federal Motor Vehicle Safety Standard FMVSS No.
139, New Pneumatic Radial Tires for Light Vehicles. Goodyear filed a noncompliance report dated December 10, 2019, and petitioned NHTSA on December 10, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Goodyears petition.
DATES: Send comments on or before February 3, 2021.
ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition.
Comments must refer to the docket and notice number cited in the title of this notice and may be submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M
30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M
30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10
SUMMARY:

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