[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Proposed Rules]
[Pages 8957-8958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3451]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 385, 395, and 396

[DOT Docket No. FMCSA-2004-18940]
RIN 2126-AA89


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.

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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 
[email protected] 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 
methods:
     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 
http://dms.dot.gov.

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 
at 202-366-4009.

SUPPLEMENTARY INFORMATION: 

Background

    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.

Meeting Information

    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 protected] 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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