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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
described in the system of records notice DOT/ALL14 FDMS, which can be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr.
Bill Mahorney, Chief, Enforcement Division, FMCSA, 2024930001, bill.mahorney@dot.gov. If you have questions about viewing or submitting material to the docket, contact Docket Operations at 202 3669826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials.
A. Submitting Comments If you submit a comment, please include the docket number for this notice FMCSA20200118, indicate the specific section of this document to which each 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 the Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to http www.regulations.gov and put the docket number, FMCSA20200118
in the Keyword box, and click Search. When the new screen appears, click on Comment Now!
button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 812 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments.
Confidential Business Information:
Confidential Business Information CBI
is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act 5
U.S.C. 552, CBI is exempt from public disclosure. If your comments responsive to this notice contain commercial or
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financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket for this guidance publication. Please mark each page of your submission that constitutes CBI as PROPIN to indicate it contains proprietary information. Submissions containing CBI should be sent to Mr.
Brian Dahlin, Chief, Regulatory Analysis Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590. Any comments FMCSA receives that are not specifically designated as CBI will be placed in the public docket for this guidance publication.
FMCSA will consider all comments and material received during the comment period and may make changes based on your comments.
B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http www.regulations.gov and insert the docket number, FMCSA2020
0118 in the Keyword box and click Search. Next, click Open Docket Folder button and choose the document listed to review. If you do not have access to the internet, you may view the docket online by visiting Docket Operations in Room W12140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00
a.m. and 5:00 p.m. ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call 202 3669317 or 202 366
9826 before visiting Docket Operations.
II. Background The Federal Motor Carrier Safety Regulations require most drivers of commercial motor vehicles CMVs to document their hours of service HOS
on records of duty status RODS, identifying one of four duty status options: 1 On-duty not driving, 2
driving, 3 sleeper berth, and 4 offduty 49 CFR 395.8. Drivers are required to document their duty status on their RODS irrespective of the method used to record the drivers HOS
i.e., whether paper logs or electronic logging devices ELDs.
The minimum performance and design standards for ELDs in the Agencys December 16, 2015, final rule, Electronic Logging Devices and Hours of Service Supporting Documents 80

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FR 78292, require manufacturers to include two special driving categories:
Authorized personal use personal conveyance and yard moves. These categories may be used by drivers at the motor carriers discretion 49 CFR
395.28. FMCSA stated in its Supplemental Notice of Proposed Rulemaking that the intent of the yard move category was to capture time where the CMV may be in motion but a driver is not necessarily in a driving duty status 79 FR 17656, 17668, March 28, 2014. Some commenters asked that the term yard move be defined. Commenters generally viewed yard moves as an on-duty not driving activity occurring on private property.
The Agency declined to define the term yard move in its final rule, noting that yard moves relate broadly to the HOS rules, not just to CMV
operations using ELDs. The final rule, however, provides that ELDs will record yard moves as on-duty not driving time 49 CFR part 395, subpart B, appendix A, section 4.4.1.1b.
FMCSA published revised regulatory guidance concerning operating a CMV
as a personal conveyance on June 7, 2018 83 FR 26377. On February 28, 2020, FMCSA updated its guidance on yard moves in the U.S. Department of Transportations guidance portal 85 FR
12663, March 3, 2020.
The Federal Highway Administration, FMCSAs predecessor agency, issued guidance on yard moves in a compilation of regulatory guidance published on April 4, 1997 49 CFR
395.2, Question 9, 62 FR 16370, 16422.
The 1997 guidance stated that a driver who jockeys CMVs in the yard private property on weekends should record that time as on-duty driving time. The 1997 guidance is no longer in effect.
FMCSAs revised 2020 guidance provides that the time jockeying CMVs in the yard is not driving time. The driver should record that time as onduty not driving time.
The 2020 updated guidance is consistent with the principle in the ELD
rule that time spent performing yard moves should be recorded as on-duty not driving time. Because yard moves occur on private property within the confines of a yard and not on a public road, this time does not constitute driving time within the meaning of 49
CFR 395.2. The updated guidance is available on the Agencys website in the guidance portal at https
www.fmcsa.dot.gov/guidance as FMCSAHOS395.2Q09 and reads as follows:
Question 9: A driver drives on streets and highways during the week and jockeys commercial motor vehicles in
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