Department of Transportation

1 Vol. 80 Wednesday, No. 241 December 16, 2015. Part II. Department of Transportation Federal motor carrier Safety Administration 49 CFR Parts 385, 386, 390, and 395. Electronic Logging Devices and Hours of Service Supporting Documents;. Final Rule tkelley on DSK9F6TC42 PROD with RULES2. VerDate Sep<11>2014 18:38 Dec 15, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\ 16 DER2. 78292 Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations Department OF Transportation A. motor carrier Act of 1935 V. Wireless Electronic Transfer B. motor carrier Safety Act of 1984 W. Pre-2000 Model Year CMVs Federal motor carrier Safety C. Truck and Bus Safety and Regulatory X. Authenticated User and Account Administration Reform Act Management D. Hazardous Materials Transportation Y. ODND Time Authorization Act of 1994 Z.

2 Data Transfer 49 CFR Parts 385, 386, 390, and 395 E. MAP 21 AA. USB2. [Docket No. FMCSA 2010 0167] VI. Discussion of Comments Overview BB. Wireless Data Transfer Through Web A. Terminology in This Rulemaking Services RIN 2126 AB20 B. An Overview of Comments CC. Wireless Services via E-Mail VII. Discussion of Comments Related to DD. Bluetooth Electronic Logging Devices and Hours Scope and Exceptions to the Mandate EE. QR Codes and Transfer Jet of Service Supporting Documents A. Scope FF. Other Communications and B. Exceptions to the Requirement To Use Technology Options AGENCY: Federal motor carrier Safety ELDs the 8 in 30-Day Threshold GG. Data Reporting During Roadside Administration (FMCSA), DOT. C. Requests for Exemption for Driveaway- Inspections ACTION: Final rule. Towaway Operations, Dealers, and Pre- HH. Data Transfer Compliance Monitoring Model Year 2000 Vehicles II.

3 Printing SUMMARY: The Federal motor carrier D. Requests for Exceptions From the ELD JJ. Portable ELDs Safety Administration (FMCSA) amends Mandate for Certain Segments of the XI. Discussion of Comments Related to Costs CMV Industry and Benefits the Federal motor carrier Safety A. Cost and Analysis General Regulations (FMCSRs) to establish: E. Exceptions for Small Business F. Exceptions for CMVs Under 26,001 B. Costs Associated With ELDs Minimum performance and design C. Cost and Analysis Updating Existing Pounds or Carrying Between 9 and 15. standards for hours-of-service (HOS) Passengers (Including the Driver) Systems electronic logging devices (ELDs); G. ELDs Only for Unsafe Carriers or Drivers D. Paperwork Analysis requirements for the mandatory use of VIII. Discussion of Comments Related to E. Small Business these devices by drivers currently Supporting Documents F.

4 Cost of a Printer required to prepare HOS records of duty A. Definition and Number G. Tax Credits and Relief To Off-Set Costs B. Categories H. Basis for Evaluating Safety Benefits status (RODS); requirements concerning XII. Discussion of Comments Related to HOS supporting documents; and C. Data Elements Procedures, Studies, Etc. measures to address concerns about D. Supporting Document Exemption for A. Registration and Certification Self-Compliance System harassment resulting from the B. Compliance Date and Grandfather E. Supporting Document Management mandatory use of ELDs. The Period F. Requirements When ELDs Malfunction requirements for ELDs will improve C. Penalties and Enforcement and Requests for Clarification Regarding D. Enforcement Proceedings compliance with the HOS rules. State Laws E. FMCSA Should Not Provide Mexican DATES: Effective Date: February 16, IX.

5 Discussion of Comments Related to motor Carriers With ELDs 2016. Harassment F. International Issues Compliance Date: December 18, 2017. A. Background and 2011 NPRM G. Effects of ELDs on Current Business Petitions for Reconsideration: The B. General Practices deadline for submitting petitions for C. Privacy; Ownership and Use of ELD H. Leased and Rented Vehicles Data I. Business Relationships With Owner- reconsideration is January 15, 2016. D. Tracking of Vehicle Location; Real Time The incorporation by reference of Operators Transmission of Data J. carrier Liability certain publications listed in the E. Mute Function K. Safety Study regulations is approved by the Director F. Drivers' Access to Own Records L. Harassment Survey of the Office of the Federal Register as G. Drivers' Control Over RODS M. Legal Issues Constitutional Rights: of February 16, 2016.

6 H. Harassment Complaints Fourth and Fifth Amendments FOR FURTHER INFORMATION CONTACT: Mr. I. Matters Outside FMCSA's Authority N. Short Movements or Movements Under Michael Huntley, Vehicle and Roadside X. Discussion of Comments Related to the a Certain Speed and Personal Use of a Technical Specifications CMV. Operations Division, Office of Bus and A. Performance and Design Specifications Truck Standards and Operations, O. Statutory Definition of ELD. B. Specific Performance Requirements P. Roadside Enforcement Federal motor carrier Safety C. Security Q. Out of Scope Comments Administration, 1200 New Jersey D. External Operating Factors and Failure XIII. Section-by-Section Analysis Avenue SE., Washington, DC 20590 Rate of ELDs A. Part 385 Safety Fitness Procedures 0001 or by telephone at 202 366 5370. E. Automatic Duty Status B. Part 386 Rules of Practice for motor SUPPLEMENTARY INFORMATION: The F.

7 CMV Position carrier , Intermodal Equipment Provider, G. Special Driving Categories Broker, Freight Forwarder, and Agency organizes the final rule as H. Data Automatically Recorded Hazardous Materials Proceedings follows: I. Driver's Annotation/Edits of Records C. Part 390 Federal motor carrier Safety I. Abbreviations and Acronyms J. Driver's Data Transfer Initiation Input Regulations: General II. Executive Summary K. ELD Data File D. Part 395 Hours of Service of Drivers III. Public Participation L. Engine Power Up and Shut Down XIV. Regulatory Analyses IV. Overview M. Engine Synchronization Compliance A. Executive Order 12866 (Regulatory A. Today's Final Rule Monitoring Planning and Review), Executive Order B. Regulatory History N. Engine Miles 13563 (Improving Regulation and C. Provisions of Previous Rulemaking O. Records Logged Under the Unidentified Regulatory Review) and DOT Regulatory tkelley on DSK9F6TC42 PROD with RULES2.

8 Proposals That Are Not Included in Driver Profile Policies and Procedures Today's Rule P. Power-On Status Time B. Regulatory Flexibility Act D. Coordination With the Department Q. Time C. Unfunded Mandates Reform Act of 1995. of Labor R. User List D. Executive Order 12988 (Civil Justice E. MCSAC Recommendations S. ELD Vehicle Interfaces Reform). F. Table Summary T. Vehicle Miles E. Executive Order 13045 (Protection of V. Legal Basis for the Rulemaking U. Vehicle Motion Status Children). VerDate Sep<11>2014 18:38 Dec 15, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\ 16 DER2. Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations 78293. F. Executive Order 12630 (Taking of Truck Rental and Leasing Association documents that must be retained has Private Property) TRALA been lowered from 10 in the SNPRM to G.

9 Executive Order 13132 (Federalism) Truckload Carriers Association TCA 8 in today's rule. In addition, the H. Executive Order 12372 United Motorcoach Association UMA. timeframe in which a driver must (Intergovernmental Review) Vehicle Identification Number VIN. I. Executive Order 13175 (Consultation and submit RODS and supporting Coordination with Indian Tribal II. Executive Summary documents to a motor carrier has been Governments This rule improves commercial motor extended from 8 to 13 days. J. Paperwork Reduction Act vehicle (CMV) safety and reduces the 2. Technical Specifications Two of K. National Environmental Policy Act and the options for the required electronic Clean Air Act overall paperwork burden for both motor carriers and drivers by increasing data transfer included in the SNPRM. L. Executive Order 12898 (Environmental (Quick Response (QR) codes and Justice) the use of ELDs within the motor carrier M.))

10 Executive Order 13211 (Energy Effects) industry, which will, in turn, improve TransferJet) 1 have been removed. N. National Technology Transfer and compliance with the applicable HOS Electronic data transfer must be made Advancement Act rules. Specifically, this rule: (1) by either (1) wireless Web services and O. E-Government Act of 2002 Requires new technical specifications email or (2) Bluetooth and USB for ELDs that address statutory Furthermore, to facilitate roadside I. Abbreviations and Acronyms inspections, and ensure authorized requirements; (2) mandates ELDs for American Bus Association ABA drivers currently using RODS; (3) safety officials are always able to access American Moving & Storage Association this data, including cases of limited AMSA. clarifies supporting document requirements so that motor carriers and connectivity an ELD must provide either American Pyrotechnics Association APA a display or printout.