[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62496-62497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25916]
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DEPARTMENT OF TRANSPORTATION
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.
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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].
SUPPLEMENTARY INFORMATION:
I. Background
MCSAC
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).
EOBRs
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]
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