[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22957-22960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09717]
[[Page 22957]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 396
[Docket No. FMCSA-2025-0115]
RIN 2126-AC89
Electronic Driver Vehicle Inspection Reports
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 clarify the requirement to complete a Daily
Vehicle Inspection Report (DVIR), based upon a public comment filed by
the National Tank Truck Carriers (NTTC). The DVIR may already be
completed electronically, however this NPRM proposes explicit language
to make this clear. This will encourage motor carriers and drivers to
utilize electronic, cost-saving methods when completing DVIRs.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0115 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0115/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-2025-0115), 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-2025-0115/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.
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-2025-0115/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
CMV Commercial motor vehicle
[[Page 22958]]
DOT Department of Transportation
DVIR Driver Vehicle Inspection Report
E-SIGN The Electronic Signatures in Global and National Commerce Act
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
GPEA Government Paperwork Elimination Act
OMB Office of Management and Budget
PIA Privacy Impact Analysis
PTA Privacy Threshold Analysis
NPRM Notice of proposed rulemaking
NTTC National Tank Truck Carriers
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984), as amended, (the 1984 Act) provides
broad authority to regulate drivers, motor carriers, and vehicle
equipment. Section 211 of the 1984 Act 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)). The FMCSA Administrator has been delegated
authority under 49 CFR 1.87(f) to carry out the functions vested in the
Secretary of Transportation by 49 U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle (CMV) programs and safety
regulation.
Two Federal statutes govern the Agency's implementation of
electronic document and signature requirements. The Government
Paperwork Elimination Act (GPEA) (Pub. L. 105-277, Title XVII (Secs.
1701-1710), 112 Stat. 2681-749, 44 U.S.C. 3504 note) was enacted on
October 21, 1998, to improve customer service and governmental
efficiency through the use of information technology. The Electronic
Signatures in Global and National Commerce Act (E-SIGN) (Pub. L. 106-
229, 114 Stat. 464, 15 U.S.C. 7001-7031) was signed into law on June
30, 2000. E-SIGN was designed to promote the use of electronic contract
formation, signatures, and recordkeeping in private commerce by
establishing legal equivalence between traditional paper-based methods
and electronic methods. The GPEA defines an electronic signature as a
method of signing an electronic communication that: (a) Identifies and
authenticates a particular person as the source of the electronic
communication; and (b) indicates such person's approval of the
information contained in the electronic communication (section
1710(1)). It also requires Federal agencies to provide individuals and
entities the options of: (a) Submitting information to or transacting
with the Agency electronically; and (b) using electronic records
retention when practicable. The GPEA states that electronic records and
their related electronic signatures shall not be denied legal effect,
validity, or enforceability merely because they are in electronic form
(section 1707). It also encourages agencies to use electronic signature
alternatives (section 1704).
For any transaction in or affecting interstate or foreign commerce,
E-SIGN supersedes all pre-existing requirements that paper records be
kept so long as: (a) Such records are generated in commercial,
consumer, and business transactions between private parties; and (b)
those parties consent to using electronic methods. Specifically, the
statute establishes the legal equivalence for contracts, signatures,
and other legally-required documents, whether in traditional paper or
electronic form (15 U.S.C. 7001(a)(1)).
IV. Background
FMCSA has, in recent years, sought to reduce the burdens associated
with DVIRs. In 2014, FMCSA revised 49 CFR 396.11 to remove the
requirement for DVIRs in non-passenger carrying CMVs, where the driver
found no deficiencies (79 FR 75437, Dec. 18, 2014). In 2020, FMCSA
extended this allowance to passenger-carrying CMVs (85 FR 50787, Aug.
18, 2020).
Additionally, on April 16, 2018 (83 FR 16210), FMCSA introduced
amendments permitting the use of electronic records and signatures.
This aligned, in part, with the GPEA and E-SIGN, as it only applies to
those documents that FMCSA's regulations obligate entities or
individuals to retain. The amendment also updated references to
outdated recordkeeping and reporting methods throughout chapter III of
subtitle B of title 49, Code of Federal Regulations (49 CFR parts 300
through 399) to make them technologically neutral.
On May 5, 2025, NTTC submitted a public comment to the docket for
``Ensuring Lawful Regulation; Reducing Regulation and Controlling
Regulatory Costs (DOT-OST-2025-0026).'' In the public comment, NTTC
stated that ``Federal regulations found in 49 CFR 396.11 and 396.13
require drivers to complete Daily Vehicle Inspection Reports (DVIRs),
which have become outdated and unnecessarily burdensome in modern
operations.'' NTTC went on to note that there are electronic monitoring
systems that provide the safety assurances that the DVIR is designed to
provide. They state that ``the DVIR process is widely viewed by both
drivers and carriers as a compliance-driven `paper drill' rather than a
meaningful safety measure'' and that ``[m]odernizing Sec. 396.11 to
reflect current technology and operational realities would reduce
administrative burden without compromising safety.''
V. Discussion of Proposed Rulemaking
FMCSA proposes to add language into Sec. Sec. 396.11 and 396.13 to
explicitly allow for the electronic creation, maintenance, and
signature of the DVIRs required by those sections. This language will
make it clear that DVIRs need not be on paper and will allow drivers
and their employers to incorporate any existing electronic
communication means already in use (such as texting or email), thus
reducing the burden of creating and maintaining the DVIRs.
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
This section-by-section analysis describes the proposed changes in
numerical order.
Section 396.11 is amended to add two identical sub-paragraphs in
the existing paragraphs. The new language specifically allows for
electronic creation and maintenance of DVIRs, and cross references the
existing standards for electronic records in 49 CFR 390.32.
A similar change is being made in Sec. 396.13, to make clear that
a driver is permitted to electronically sign a previously created DVIR.
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
[[Page 22959]]
costs and benefits under section 6(a)(3) of that order. Accordingly,
OMB has not reviewed it under that E.O.
This proposed rule would add clarifying language to ensure that
drivers and carriers are aware that the DVIR can be created,
maintained, and signed electronically. The DVIR may already be
completed electronically, however this NPRM proposes explicit language
to make this clear. This rulemaking would not increase costs, but it
could result in cost savings for those motor carriers that now switch
their DVIR process to a more streamlined electronic process.
FMCSA does not anticipate that this rulemaking would impact safety.
The clarification provided in this rule would not alter any
requirements for the DVIR.
FMCSA requests comment on the number of entities that would change
their DVIR creation and maintenance as a result of this rule, and any
cost savings associated with such a change.
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 by 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 some motor
carriers and drivers might now make use of cost-saving methods for
creating, maintaining, and signing DVIRs, and therefore would be
considered an E.O. 14192 deregulatory action upon issuance of a final
rule. FMCSA is unable to quantify the cost savings of this proposal.
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. 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.
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\5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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This proposed rule could impact motor carriers and drivers that
currently use a paper for their DVIR process and chose to switch to
electronic, cost-saving methods following the implementation of a final
rule. FMCSA anticipates that the majority of motor carriers who wish to
use an electronic process are already doing so, and therefore, this
rule would not impact a substantial number of small entities.
FMCSA does not have information to estimate the cost savings
associated with switching to an electronic process for DVIR creation,
maintenance, and signature. FMCSA requests comment and data to develop
estimates of cost savings per entity.
Given that this rulemaking is not expected to impact a substantial
number of small entities, the Agency is comfortable certifying as such.
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 (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 rule would not result
in such an expenditure, a written statement is not required.
[[Page 22960]]
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 burdens associated with DVIRs are already covered in an
approved Information Collection, OMB Control No. 2126-0003, Inspection,
Repair and Maintenance. Those burdens already account for the option of
creating and storing DVIRs electronically. No adjustment is needed at
this time.
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 rule 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 rule 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 Privacy Impact Analysis (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 proposed rule 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)(f)(1), (6)(q), and (6)(aa), which cover regulations pertaining to
driver/vehicle inspections, implementing record preservation
procedures, and requiring motor carriers, their officers, drivers,
agents, representatives, and employees directly in control of CMVs to
inspect, repair, and provide maintenance for every CMV used on a public
road, 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 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Accordingly, FMCSA proposes to amend 49 CFR part 396 to read as
follows:
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
1. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
2. In Sec. 396.11, add paragraphs (a)(6) and (b)(5) to read as
follows:
Sec. 396.11 Driver vehicle inspection report(s).
(a) * * *
(6) Electronic reporting. The report required by this paragraph (a)
may be created and maintained in electronic format, in accordance with
49 CFR 390.32.
(b) * * *
(5) Electronic reporting. The report required by this paragraph (b)
may be created and maintained in electronic format, in accordance with
49 CFR 390.32.
0
3. In Sec. 396.13, add paragraph (d) to read as follows:
Sec. 396.13 Driver inspection.
* * * * *
(d) The reports required by this section may be created and
maintained in electronic format, in accordance with 49 CFR 390.32.
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09717 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P