[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Pages 62496-62497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25916]



Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee Series of Public 
Subcommittee Meetings

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

ACTION: Notice of meeting.


SUMMARY: The FMCSA's Motor Carrier Safety Advisory Committee (MCSAC) 
will hold working group and subcommittee meetings on Monday-Thursday, 
October 24-27, 2011. The meetings will be open to the public for their 
duration. During the first two days, Monday-Tuesday, October 24-25, 
2011, a working group of the subcommittee will discuss with FMCSA 
technical specifications related to wireless communications protocols 
that may be needed to ensure successful and secure transmission of data 
from electronic on-board recorders (EOBRs) to enforcement officials. 
The next two days, Wednesday-Thursday, October 26-27, 2011, will be 
devoted to a meeting of the full MCSAC EOBR subcommittee. The working 
group and subcommittee will discuss technical issues the full MCSAC 
should consider in providing input to the Agency as it develops 
functional specifications for EOBRs used in lieu of handwritten records 
of duty status (RODS).
    Time and Dates: The meetings will be held Monday-Thursday, October 
24-27, 2011, from 8:30 am to 5 pm, E.T. at the Sheraton Crystal City, 
1800 Jefferson Davis Highway, Arlington, VA, 22202, in meeting rooms 
Crystal V and VI.
    Matters To Be Considered: The subcommittee will continue its review 
of the functional specifications for EOBRs published by FMCSA as part 
of its final rule concerning EOBRs on April 5, 2010 (75 FR 17208), but 
subsequently vacated by the United States Court of Appeals for the 
Seventh Circuit (Seventh Circuit), and will provide suggestions to 
address stakeholder concerns about new specifications.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Adviser 
to the Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, (202) 385-2395, [email protected].


I. Background


    Section 4144 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 
109-59, 119 Stat. 1144, August 10, 2005) required the Secretary of 
Transportation to establish a Motor Carrier Safety Advisory Committee. 
The committee provides advice and recommendations to the FMCSA 
Administrator on motor carrier safety programs and regulations and 
operates in accordance with the Federal Advisory Committee Act (5 
U.S.C. App 2).


    On April 5, 2010, FMCSA issued a final rule that required the use 
of EOBRs by motor carriers with significant hours-of-service 
violations, as determined through an on-site enforcement intervention 
(75 FR 17208). The rule also set forth new technical requirements or 
functional specifications for EOBRs used in lieu of handwritten RODS. 
The compliance date for the rule was June 4, 2012.
    The Owner-Operator Independent Drivers Association (OOIDA) filed a 
petition for judicial review of the EOBR final rule with the Seventh 
Circuit. On August 26, 2011, the Seventh Circuit vacated the final rule 
because the Agency failed to consider a statutory mandate to ``ensure 
that [EOBRs] are not used to harass vehicle operators'' (49 U.S.C. 
31137(a)). [Owner-Operator Indep. Drivers Ass'n., et al. v. Fed. Motor 
Carrier Safety Admin., No. 10-2340 (7th Cir. 2011).]
    The Agency will not appeal the court's decision and will issue a 
final rule at a later date to remove all regulatory text from the Code 
of Federal Regulations related to the vacated April 5, 2010, final 
rule. However, the MCSAC subcommittee will continue its review of the 
technical specifications

[[Page 62497]]

pertaining to EOBRs published on April 5, 2010 (75 FR 17208).

MCSAC Subcommittee (EOBR Technical Issues)

    During the MCSAC's June 20-22, 2011, public meeting, FMCSA tasked 
the group to review the functional specifications included in the April 
5, 2010, final rule and provide suggestions to address stakeholder 
concerns about the technical requirements for EOBRs. A copy of the task 
statement and all MCSAC materials related to the assignment are posted 
at http://mcsac.fmcsa.dot.gov. The Agency assigned this task to the 
MCSAC after making a preliminary determination that additional 
information would be needed to ensure that roadside inspection 
officials are able to obtain and/or retrieve EOBR data in order to 
assess drivers' compliance with the HOS regulations. After the 2010 
final rule was published, stakeholders in the CMV safety enforcement 
and EOBR supplier communities urged that certain requirements of the 
rule be revisited. Some communications methods that were presumed to be 
viable when the rule was developed appear less appropriate now as 
technology and government information technology security standards 
have evolved.
    The MCSAC established a subcommittee to explore these complex 
issues. The subcommittee's meetings were announced in the Federal 
Register and open to all interested parties [(76 FR 38268), June 29, 
2011)]. Following its October 27, 2011 session, the subcommittee will 
submit its report to the full MCSAC. The MCSAC will review and discuss 
the subcommittee's report at MCSAC's December 2011 public meeting and 
submit to the Agency its recommendations concerning functional 
specifications. The Agency will consider the MCSAC report in any future 
rulemaking to re-establish functional specifications for EOBRs.

II. Meeting Participation

    The meetings will be open to the public for their duration. Public 
comments may be heard beginning at 4:30 pm on each meeting day.
    You may submit written comments identified by Docket ID Number 
FMCSA-2006-26367 by Friday, October 14, 2011, for the October 24-27 
meeting using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday 
through Friday except Federal holidays.
    Fax: 202-493-2251.
    Do not submit the same comment by more than one method. To allow 
effective public participation before the comment period deadline, 
FMCSA encourages use of the Web site listed above (Federal eRulemaking 
Portal: http://www.regulations.gov).

III. Services for Individuals With Disabilities

    For assistance with services for individuals with disabilities or 
to request special assistance, please send your request to the address 
listed in the FOR FURTHER INFORMATION CONTACT section of this notice, 
or e-mail your request to [email protected] by Friday, October 14.

    Issued on: September 30, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-25916 Filed 10-6-11; 8:45 am]