2126-AB20 201410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2126 Federal Motor Carrier Safety Administration FMCSA 2100 Department of Transportation DOT Electronic Logging Devices and Hours of Service Supporting Documents (MAP-21)

This rulemaking 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.

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes Private Sector 49 CFR 350 49 CFR 385 49 CFR 396 49 CFR 395 49 USC 31502 31136(a) PL 103.311 49 USC 31137(a) Statutory NPRM 10/01/2013 MAP-21 requires FMCSA to issue a final rule by October 1, 2013, a deadline that FMCSA will not be able to meet, due to the need for notice and comment on these proposals. Judicial NPRM 01/31/2011 Notice of Proposed Rulemaking Yes

This rulemaking action would improve commercial motor vehicle (CMV) safety and reduce the overall paperwork burden for both motor carriers and drivers by increasing the use of ELDs within the motor carrier industry, which would in turn improve compliance with the applicable Hours of Service (HOS) rules.  Specifically, this rule would (1) Require new technical specifications for ELDs that address statutory requirements; (2) mandate ELDs for drivers currently using record of duty status; (3) clarify supporting document requirements so that motor carriers and drivers can comply efficiently with HOS regulations, and so that motor carriers can make the best use of ELDs and related support systems as their primary means of recording HOS information and ensure HOS compliance; and (4) adopt procedural and technical provisions aimed at ensuring that ELDs are not used to harass vehicle operators. The Agency published a Supplemental Notice of Proposed Rulemaking (SNPRM) on March 28, 2014, and the comment period ended on June 26, 2014. 

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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 (Public Law 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.

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

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FMCSA estimates costs of $1.6B and benefits of $2.0B for the rule, discounted at 7% in 2013 dollars.

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

]]> NPRM 02/01/2011 76 FR 5537 NPRM Comment Period End 02/28/2011 NPRM Comment Period Extended 03/10/2011 76 FR 13121 NPRM Comment Period Extended End 05/23/2011 SNPRM 03/28/2014 79 FR 17656 SNPRM Comment Period End 05/27/2014 SNPRM Analyzing Comments 03/00/2015 Final Rule 09/00/2015 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. Yes Businesses None No No www.regulations.gov www.regulations.gov Yes Yes 2126-AA89 Related to 2126-AA76 Related to Deborah Freund M Senior Transportation Specialist 2126 Federal Motor Carrier Safety Administration FMCSA 202 366-5370 deborah.freund@dot.gov MC-PSV, 1200 New Jersey Avenue, SE, Washington DC 20590