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DOT/FMCSA RIN: 2126-AB20 Publication ID: Fall 2011 
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 the HMTAA within 60 days after the issuance of the writ and a final rule no later than 6 months after the issuance of the NPRM. The court granted the petition for writ of mandamus on September 30, 2010, ordering FMCSA to issue an NPRM on the supporting document regulations by December 30, 2010. At the request of the agency, the DC Circuit extended the deadline to January 31, 2011. 
Agency: Department of Transportation(DOT)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Yes  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:
Action Source Description Date
NPRM  Judicial    01/31/2011 

Statement of Need: This rulemaking would improve safety on the Nation's highways by increasing compliance with the Hours of Service regulations. This rulemaking would require the use of Electronic On-Board Recorders by an expanded population, and would 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.

Action Date FR Cite
NPRM  02/01/2011  76 FR 5537   
NPRM Comment Period End  02/28/2011    
NPRM Comment Period Extended  03/10/2011  76 FR 13121   
Extended NPRM Comment Period End  05/23/2011    
Next Action Undetermined  To Be Determined    
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: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
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

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