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DOT/FMCSA

RIN: 2126-AB20

Publication ID: Fall 2010

Title: Electronic On-Board Recorders and Hours of Service Supporting Documents
Abstract: This rulemaking will consider revisions to RIN 2126-AA89 (Electronic On-Board Recorders for Hours of Service Drivers) to expand the number of motor carriers required to install and operate Electronic On-Board Recorders (EOBRs). FMCSA is consolidating this follow-up to the EOBR rule with the Hours Of Service Of Drivers: Supporting Documents rulemaking for development of a single NPRM in RIN 2126-AB20. In addressing Hours of Service Supporting Documents requirements in this new rulemaking, FMCSA will consider reducing or eliminating current paperwork burdens associated with supporting documents in favor of expanded EOBR use. On January 15, 2010, the American Trucking Associations (ATA) filed a Petition for a Writ of Mandamus in the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 10-1009). ATA petitioned the court to direct FMCSA to issue an NPRM on "supporting documents" in conformance with the requirements set forth in section 113 of mandamus on September 30, 2010, ordering FMCSA to issue an NPRM on the supporting document regulations by December 30, 2010.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 350 49 CFR 385 49 CFR 396 49 CFR 395
Legal Authority: 49 USC 31502 31136(a) PL 103.311 49 USC 31137(a)

Legal Deadline: None

Statement of Need: This rulemaking proposes to improve safety on the Nation's highways by increasing compliance with the Hours of Service regulations. This rulemaking proposes to require the use of Electronic On-Board Recorders by an expanded population, and to clarify and specify requirements related to supporting documents.

Summary of the Legal Basis: Section 31502 of title 49 of the United States Code provides that "[t]he Secretary of Transportation may prescribe requirements for: (1) Qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation." This rulemaking addresses "safety of operation and equipment" of motor carriers and "standards of equipment" of motor private carriers and, as such, is well within the authority of 49 U.S.C. 31502. The rulemaking would allow motor carriers to use EOBRs to document drivers? compliance with the HOS requirements; require some noncompliant carriers to install, use, and maintain EOBRs for this purpose; and update existing performance standards for on-board recording devices. Section 31136 of title 49 of the United States Code provides concurrent authority to regulate drivers, motor carriers, and vehicle equipment. It requires the Secretary to "prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that: (1) Commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators."

Alternatives: To be determined.

Anticipated Costs and Benefits: FMCSA has not yet fully assessed the costs and benefits that might be associated with this activity.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.

Timetable:

Action	Date	FR Cite
NPRM	12/00/2010

Additional Information: The Agency previously published an NPRM on this subject under RIN 2126-AA76, "Hours of Service of Drivers; Supporting Documents" (63 FR 19457, Apr. 20, 1998) and an SNPRM, "Hours of Service of Drivers; Supporting Documents" (69 FR 63997, Nov. 3, 2004). The Agency withdrew the SNPRM on October 25, 2007, 72 FR 60614. The previous proceeding can be found in docket No. FMCSA-1998-3706.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Related RINs: Related to 2126-AA89, Related to 2126-AA76
Agency Contact: Deborah M Freund Senior Transportation Specialist Department of Transportation Federal Motor Carrier Safety Administration MC-PSV, 1200 New Jersey Avenue, SE, Washington, DC 20590 Phone:202 366-5370 Email: deborah.freund@dot.gov