[Federal Register: February 28, 2007 (Volume 72, Number 39)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 350, 385, 395, and 396
[DOT Docket No. FMCSA-2004-18940]
Electronic On-Board Recorders (EOBRs) for Documenting Hours of Service; Listening Session
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of public listening session.
SUMMARY: The FMCSA announces a public listening session to obtain
feedback from interested parties on the Agency's January 18, 2007,
notice of proposed rulemaking (NPRM) to establish new performance
standards for EOBRs, require the use of these devices by certain motor
carriers, and to provide incentives for the voluntary use of such
devices by the industry. The listening session will provide all
interested parties with an opportunity to share their views on the
Agency's EOBR rulemaking. All oral comments will be transcribed and
placed in the public docket identified at the beginning of this notice.
DATES: The listening session will be held on March 12, 2007, from 9:30
a.m. to 4:30 p.m. Individuals who wish to make a formal presentation
should contact Ms. Deborah Freund at 202-366-4009 or e-mail her at
firstname.lastname@example.org no later than 5 p.m., e.t., March 8, 2007.
ADDRESSES: The meeting will be held in Room 2230, Nassif Building, DOT
Headquarters, 400 Seventh Street, SW., Washington, DC 20590. You may
also submit comments to the DOT Docket Management System (DMS),
referencing Docket Number FMCSA-2004-18940, using any of the following
- Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
- Fax: 1-202-493-2251.
- Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
- Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
- Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Instructions: All submissions must include the Agency name and
docket number or Regulatory Identification Number (RIN 2126-AA89) for
this rulemaking. Note that all comments received will be posted without
change to http://dms.dot.gov including any personal information
provided. For additional information on submitting comments, see the
Supplemental Information section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
FOR FURTHER INFORMATION CONTACT: Ms Deborah M. Freund, Senior
Transportation Specialist, Vehicle and Roadside Operations Division,
FMCSA, (202) 366-4009, 400 Seventh Street, SW., Washington, DC 20590.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
Information on Services for Individuals with Disabilities: For
information on facilities or services for individuals with disabilities
or to request special assistance at the meeting, contact Deborah Freund
On January 18, 2007 (72 FR 2340), FMCSA published an NPRM to amend
the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate
new performance standards for electronic on-board recorders (EOBRs)
installed in commercial motor vehicles (CMVs) manufactured on or after
the date 2 years following the effective date of the final rule. On-
board hours-of-service recording devices meeting FMCSA's current
requirements and voluntarily installed in CMVs manufactured before the
implementation date of a final rule may continue to be used for the
remainder of the service life of those CMVs.
Under the proposal, motor carriers that have demonstrated a history
of serious noncompliance with the hours-of-service (HOS) rules would be
subject to mandatory installation of EOBRs meeting the new performance
standards. If FMCSA determined, based on HOS records reviewed during
each of two compliance reviews conducted within a 2-year period, that a
motor carrier had a 10 percent or greater violation rate ("pattern
violation") for any regulation in proposed Appendix C to part 385,
FMCSA would issue the carrier an EOBR remedial directive. The motor [[Page 8958]]
carrier would be required to install EOBRs in all of its CMVs
regardless of their date of manufacture. The motor carrier would have
to use the devices for HOS recordkeeping for a period of 2 years,
unless: (1) the carrier already had equipped its vehicles with
automatic on-board recording devices (AOBRDs) meeting the Agency's
current requirements under 49 CFR 395.15 and (2) could demonstrate to
FMCSA that its drivers understood how to use the devices.
The FMCSA also proposed changes to the safety fitness standard that
would require these carriers, i.e., those with a pattern of violations,
to install, use, and maintain EOBRs in order to meet the new standard.
Finally, the Agency would encourage industry-wide use of EOBRs by
providing the following incentives for motor carriers to voluntarily
use EOBRs in their CMVs: (1) Revise the Agency's compliance review
procedures to permit examination of a random sample of drivers' records
of duty status; (2) provide partial relief from HOS supporting
documents requirements, if certain conditions are satisfied; and (3)
offer other potential incentives made possible by the inherent safety
and driver health benefits of EOBR technology.
Purpose of the Listening Session
The FMCSA is committed to providing all interested parties an
opportunity to discuss their perspectives on the pertinent issues that
could affect any potential rulemaking changes. The Agency expects to
receive numerous comments in response to its EOBR NPRM but believes
additional information could be obtained through this listening
session. The Agency is planning to hold two additional listening
sessions on this rulemaking in the near future. A Federal Register
notice announcing the dates and locations of the meetings will be
published in advance.
Participants in the listening session will be given the opportunity
to submit questions that they would like to hear discussed by others in
attendance. Participants are discouraged from reading prepared
statements. Individuals who wish to submit written comments or
statements should submit the information to the public docket
identified at the beginning of this notice. Those who desire
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard. Comments made during the meeting will be
transcribed to preserve an accurate record of the discussion.
The meeting will be held from 9:30 a.m. to 4:30 p.m., e.t., on
Monday, March 12, 2007, in Room 2230, Nassif Building, 400 Seventh
Street, SW., Washington, DC. Because access to the DOT building is
controlled, all visitors must sign in with the security office located
at the southwest entrance of the building, present identification with
a picture on it, be escorted, and wear a visitor's badge at all times
while in the building.
Individuals who wish to make a formal presentation should contact
Ms. Deborah Freund at 202-366-4009 or e-mail her at
email@example.com no later than 5 p.m., e.t., on March 8, 2007, to
ensure that sufficient time is allotted for the presentation and to
identify any audio-visual equipment needed for the presentation.
Individuals who are unable to attend the meeting may submit written
comments to the docket identified at the beginning of this notice by
April 18, 2007, the closing date for comments to the January 18, 2007,
NPRM on EOBRs.
Issued on: February 21, 2007.
Rose A. McMurray,
Assistant Administrator, Chief Safety Officer.
[FR Doc. E7-3451 Filed 2-27-07; 8:45 am]
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