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DOT/FMCSA

RIN: 2126-AB20

Publication ID: Fall 2013

Title: Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21)
Abstract: This SNPRM would establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. This rulemaking supplements the Agency’s February 1, 2011, Notice of Proposed Rulemaking (NPRM) and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit in its 2011 decision vacating the Agency’s April 5, 2010, final rule concerning ELDs as well as subsequent statutory developments. The proposed requirements for ELDs would improve compliance with the HOS rules.
Agency: Department of Transportation(DOT)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
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) Pub. L 103.311 49 USC 31137(a)

Legal Deadline:

Action	Source	Description	Date
NPRM	Judicial	NPRM published.	01/31/2011

Statement of Need: The Federal Motor Carrier Safety Administration (FMCSA) proposes amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) to establish: (1) minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. This rulemaking supplements the Agency's February 1, 2011, Notice of Proposed Rulemaking (NPRM) and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit in its 2011 decision vacating the Agency's April 5, 2010, final rule concerning ELDs as well as subsequent statutory developments. The proposed requirements for ELDs would improve compliance with the HOS rules.

Summary of the Legal Basis: Section 113 of the Hazardous Materials Transportation Authorization Act of 1994, Public Law 103-311, 108 Stat. 1673, 16776-1677, August 26, 1994, (HMTAA) requires the Secretary to prescribe regulations to improve compliance by CMV drivers and motor carriers with HOS requirements and the effectiveness and efficiency of Federal and State enforcement officers reviewing such compliance. Specifically, the Act addresses requirements for supporting documents. Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of MAP-21 (Pub. L. 112-141, 126 Stat. 405, 786-788 (July 6, 2012)), mandated that the Secretary adopt regulations requiring that CMVs involved in interstate commerce, operated by drivers who are required to keep RODS, be equipped with ELDs.

Alternatives: FMCSA is considering several alternatives to the proposal, including alternate populations.

Anticipated Costs and Benefits: FMCSA has not yet fully assessed the costs and benefits that might be associated with this SNPRM. The 2011 NPRM estimated total costs and benefits. At a 7 percent discount, the total estimated cost over 10 years was $1,984 million, and the total estimated benefit over 10 years was $2,699 million.

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

Timetable:

Action	Date	FR Cite
NPRM	02/01/2011	76 FR 5537
NPRM Comment Period End	02/28/2011
Comment Period Extended	03/10/2011	76 FR 13121
Extended Comment Period End	05/23/2011
Supplemental NPRM	12/00/2013

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: www.regulations.gov	Public Comment URL: www.regulations.gov
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 Email: deborah.freund@dot.gov