[Federal Register Volume 72, Number 49 (Wednesday, March 14, 2007)]
[Proposed Rules]
[Pages 11817-11819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1209]


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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 Sessions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of public listening sessions.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces public listening sessions to

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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 sessions 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 sessions will be held on March 27, 2007, from 9:30 
a.m. to 4:30 p.m., and on April 2, 2007, from 9:30 a.m. to 4:30 p.m. 
Individuals who wish to make a formal presentation at either of the 
meetings 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 23, 
2007, for the March 27 meeting, and no later than 5 p.m., e.t., on 
March 29th for the April 2 meeting to ensure that sufficient time is 
allotted for the presentation and to identify any audio-visual 
equipment needed for the presentation.

ADDRESSES: The March 27, 2007, meeting will be held at the Crowne Plaza 
West Hotel, 2532 West Peoria Avenue, Phoenix, Arizona 85029. The April 
2, 2007, meeting will be held at the Harold Washington Library, 400 
South State Street, Chicago, Illinois 60605-1203. 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 20590-001.
     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 
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 Sessions

    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.
    Participants in the listening session will be given the opportunity 
to submit questions that they would like to hear discussed by others in 
attendance. FMCSA encourages participants who have prepared statements 
to submit them to the public docket rather than using time at a 
listening session to read them aloud. 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

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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

    Individuals who are unable to attend the meetings may submit 
written comments to the docket identified at the beginning of this 
notice.

    Issued on: March 7, 2007.
John H. Hill,
Administrator.
[FR Doc. 07-1209 Filed 3-9-07; 4:00 pm]
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