[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22953-22956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09711]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2025-0114]
RIN 2126-AC88
Rescinding the Requirement for Electronic Logging Device
Operator's Manual Located in Commercial Motor Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) to rescind the in-vehicle electronic logging
device (ELD) operator's manual requirement for commercial motor
vehicles (CMVs). FMCSA currently maintains a list of the ELD vendors
who have self-certified their products including submission of the
operator's manual. Additionally, drivers are required to understand the
operation of the ELD on the vehicle. There is no readily apparent
benefit to continuing to require that the users' manual be in the CMV.
This proposal would eliminate an unintended regulatory burden on motor
carriers without compromising safety.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0114 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0114/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. Bill Mahorney, Chief, Enforcement
Division, FMCSA, (202) 493-0001, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0114), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0114/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
[[Page 22954]]
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0114/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
II. Abbreviations
ANPRM Advance notice of proposed rulemaking
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
ELD Electronic logging device
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
HOS Hours of service
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement
Act, enacted as part of MAP-21 (Pub. L. 112-141, 126 Stat. 405, 786-
788, July 6, 2012), mandated that the Secretary adopt regulations
requiring that CMVs involved in interstate commerce, operated by
drivers who are required to keep Record of Duty Status, be equipped
with ELDs. The statute, which may be found at 49 U.S.C. 31137, sets out
provisions that the regulations must address, including device
performance and design standards and certification requirements. In
adopting regulations, the Agency must consider how the need for
supporting documents might be reduced, to the extent data is captured
on an ELD, without diminishing hours of service (HOS) enforcement.
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984) (the 1984 Act), as amended, provides
authority to the Secretary of Transportation (Secretary) to regulate
drivers, motor carriers, and vehicle equipment. It requires the
Secretary to prescribe minimum safety standards for CMVs to ensure
that--(1) CMVs are maintained, equipped, loaded, and operated safely;
(2) responsibilities imposed on CMV drivers do not impair their ability
to operate the vehicles safely; (3) drivers' physical condition is
adequate to operate the vehicles safely; (4) the operation of CMVs does
not have a deleterious effect on drivers' physical condition; and (5)
CMV drivers are not coerced by a motor carrier, shipper, receiver, or
transportation intermediary to operate a CMV in violation of
regulations promulgated under 49 U.S.C. 31136 or under chapter 51 or
chapter 313 of 49 U.S.C. (49 U.S.C. 31136(a)). The 1984 Act also grants
the Secretary broad power in carrying out motor carrier safety statutes
and regulations to ``prescribe recordkeeping and reporting
requirements'' and to ``perform other acts the Secretary considers
appropriate'' (49 U.S.C. 31133(a)(8) and (10)).
In 49 CFR 1.87(f), the Secretary delegated to the FMCSA
Administrator the authority to carry out the functions vested in the
Secretary by subchapters I, III, and IV of chapter 311, title 49,
U.S.C.
IV. Background
On December 16, 2015, FMCSA published the final rule ``Electronic
Logging Devices and Hours of Service Supporting Documents'' in the
Federal Register (80 FR 78292), which set the foundation for current
ELD requirements, including technical specifications, ELD use,
supporting HOS documents, and both procedural and technical provisions
aimed at ensuring that ELDs are not used to harass CMV operators. The
rule added Sec. 395.22(h)(1), which specifies that CMVs must have a
copy of the ELD user's manual in-vehicle for those CMVs operating with
an ELD. The requirement was intended to ensure that the driver, motor
carrier, and enforcement personnel understood how the ELD operated.
V. Discussion of Proposed Rulemaking
As part of the December 16, 2015 final rule FMCSA also established
a registration process for ELD providers and a self-certification
process for the ELD products (See Sections 5.1 and 5.2., of part 395
(Technical Specifications)). The process requires an ELD provider to
provide FMCSA business information and the capabilities of the ELD they
wish to certify. FMCSA then reviews the information and lists the
provider on the FMCSA self-certified list of ELDs if no issues are
found with the information provided. The list is then available on the
FMCSA website for motor carriers to locate self-certified devices for
their operations.
One requirement for self-certification is submission of the ELD
owner's manual to FMCSA, which ensures FMCSA personnel have access to
the information necessary to operate the ELD. Drivers are already
required under Sec. 395.24(d) to be able to operate the device upon
request of an enforcement officer. FMCSA has thus determined this
requirement to be redundant, as the Agency already has access to the
manual through the certification process, other law enforcement
officers can access the manuals via online resources, and drivers are
required to
[[Page 22955]]
know how to operate their ELD. Accordingly, this rulemaking proposes to
remove the requirement for drivers to have the user's manual in-
vehicle.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
FMCSA proposes to rescind the requirement for motor carriers to
maintain an in-vehicle copy of the ELD user's manual as found in 49 CFR
395.22(h)(1). This will reduce burden on motor carriers as the drivers,
motor carriers, and FMCSA already have access to the manual and are
required to be aware of how to operate the device.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
and DOT Regulatory Policies and Procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that order. Accordingly, OMB has not reviewed it under that
E.O.
FMCSA proposes to rescind the in-vehicle ELD operator's manual
requirement for CMVs. FMCSA anticipates that this would result in cost
savings for all motor carriers that are currently required to use ELDs
and maintain a copy of the manual in the vehicle. FMCSA does not have
the information to estimate cost savings from the recission of this
requirement but anticipates that the impact of removing ELD manuals
would be de minimis. FMCSA requests data or any other information that
could assist the Agency in quantifying these costs savings. This
proposal would not impact safety. The regulations would still require
that the motor carrier ensure that drivers possess an instruction sheet
describing the data transfer mechanisms supported by the ELD and step-
by-step instructions for producing and transferring drivers' HOS
records to an authorized safety official.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \1\
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\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
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Implementation guidance for E.O. 14192 issued OMB (Memorandum M-25-
20, March 26, 2025) defines two different types of E.O. 14192 actions:
an E.O. 14192 deregulatory action, and an E.O. 14192 regulatory
action.\2\
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\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero as it would
remove the requirement to keep a copy of the ELD manual in the vehicle
and therefore would be considered an E.O. 14192 deregulatory action
upon issuance of a final rule. The cost savings of this rulemaking
could not be quantified.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \3\ is likely
to lead to the promulgation of a major rule.\4\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\3\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\4\ A major rule means any rule that the Office of Management
and Budget finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
geographic regions, Federal, State, or local government agencies; or
(c) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises
in domestic and export markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would impact all entities that are
required to use an ELD and keep a manual in the vehicle. As such, FMCSA
anticipates that it would impact a substantial number of small
entities. However, the impact of having the option of removing the ELD
manual from the vehicle is de minimis and would not result in a
significant impact on the impacted entities. Consequently, I certify
that the proposed action would not have a significant economic impact
on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman
[[Page 22956]]
(Office of the National Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Because this rulemaking would not
result in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The regulations included in this NPRM are covered by an
existing, approved collection, OMB Control No. 2126-0001, Hours of
Service (HOS) of Drivers Regulations. That information collection
details the reporting and recordkeeping costs for drivers using ELDs,
however it does not contain a specific, separate cost for keeping a
copy of the manual in the vehicle of the CMV. Most likely, this is
because it was estimated that the cost would be de minimus, as FMCSA's
electronic documents and signatures regulation (found at Sec. 390.32)
would allow for the driver to maintain an electronic copy of the
manual. In such case, relieving the driver from the requirement
entirely would be a de minimus reduction.
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this rulemaking would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rulemaking does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
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\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\7\ requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology would collect,
maintain, or disseminate information as a result of this rulemaking.
Accordingly, FMCSA has not conducted a PIA.
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\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the proposed
rulemaking might have on collecting, storing, and sharing personally
identifiable information. The PTA will be submitted to FMCSA's Privacy
Officer for review and preliminary adjudication and to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this proposed rule, if finalized, would not have a reasonably
foreseeable significant effect on the quality of the human environment.
This action would likely fall under a published categorical exclusion
and thus be excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680), Appendix 2. Specifically, paragraphs (6)(q)
and (6)(bb), which cover regulations pertaining to records preservation
and vehicle operation safety standards, respectively. The public is
invited to comment on the impact of the proposed Agency action.
L. Rulemaking Summary
In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed
rule may be found at regulations.gov, under the docket number.
List of Subjects in 49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
Accordingly, FMCSA proposes to amend 49 CFR part 395 to read as
follows:
PART 395--HOURS OF SERVICE FOR DRIVERS
0
1. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502;
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L.
106-159 (as added and transferred by sec. 4115 and amended by secs.
4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744;
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub.
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
Sec. 395.22 Motor carrier responsibilities--In general.
0
2. Amend Sec. 395.22 by:
0
a. Removing paragraph (h)(1); and
0
b. Redesignating paragraphs (h)(2) though (h)(4) as paragraphs (h)(1)
through (h)(3), respectively.
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09711 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P