[Federal Register Volume 91, Number 118 (Monday, June 22, 2026)]
[Rules and Regulations]
[Pages 37050-37053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12448]
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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: Final rule.
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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations
(FMCSR) to rescind the requirement for a copy of the electronic logging
device (ELD) operator's manual to be kept in a commercial motor vehicle
(CMV). Drivers are required to understand the operation of the ELD on
the vehicle to ensure the accuracy of their electronic records of duty
status and to present this information during inspections by
enforcement officials. There is no readily apparent benefit to
continuing to require that the user's manual be in the CMV given the
use of ELDs since December 2019. This final rule eliminates a
regulatory burden on motor carriers without compromising safety.
DATES: Effective July 22, 2026.
Petitions for reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than July 22, 2026.
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 final rule as follows:
I. Availability of Rulemaking Documents
II. Abbreviations
III. Legal Basis
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
V. International Impacts
VI. Section-by-Section Analysis
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Rulemaking Procedures
B. E.O. 14192 (Unleashing American Prosperity Through
Deregulation)
C. Congressional Review Act
D. Regulatory Flexibility Act
[[Page 37051]]
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
I. Availability of Rulemaking 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 final rule,
then click '' Document Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W58-213 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.
II. Abbreviations
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
ELD Electronic logging device
FMCSA Federal Motor Carrier Safety Administration
FMCSR 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
PII Personally identifiable information
PTA Privacy Threshold Assessment
Secretary Secretary of Transportation
U.S.C. United States Code
III. Legal Basis
Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement
Act, enacted as part of the Moving Ahead for Progress in the 21st
Century Act (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 a 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, 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, Oct. 30, 1984) (the 1984 Act), as amended, provides
authority to the Secretary of Transportation (Secretary) to regulate
drivers, motor carriers, and vehicle equipment. As codified, at 49
U.S.C. 31136, 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 49 U.S.C. chapters 51 or 313. Under 49 U.S.C. Sec.
31133(a)(8) and (10), the Secretary is granted 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.''
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. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0114, 90 FR 22953) an NPRM titled ``Rescinding the
Requirement for Electronic Logging Device Operator's Manual Located in
Commercial Motor Vehicles.'' The NPRM proposed 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).
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending on
July 29, 2025. By that date, 24 comments were received from the
American Trucking Association, Energy Marketers of America, North
American Transportation Consultants, Inc., Owner-Operator Independent
Drivers Association, Veolia North America, 11 individuals, and 8
anonymous commenters. Eighteen comments were in support of the
proposal, four opposed the proposal, and two were out of scope.
A majority of the commenters supporting the proposal indicated the
requirement to retain a user's manual in the vehicle does not provide a
safety benefit for several reasons. ELDs routinely have an electronic
version of the user's manual built into the device. Commenters also
mentioned that maintaining a user's manual in the vehicle is a burden
on motor carriers which can affect their safety measurement system
scores in terms of violations cited during inspections. The commenters
stated that its absence is usually not cited as a violation but could
be.
Those opposed to the proposal indicated that the requirement to
maintain a user's manual in the vehicle is not a major burden. The
commenters stated that drivers and law enforcement often do not know
how to access the electronic version of the user's manual, which can be
complicated further by the various types of ELDs in use.
FMCSA Response
The availability of electronic versions of ELD user's manuals makes
the requirement for a paper manual redundant. Motor carriers assume
costs, from both making copies and taking the time to ensure a paper
copy is placed in each CMV in operation for the carrier. Drivers are
already required under section 395.24(d) to demonstrate the ability to
operate the device upon request of an enforcement officer so they
should not need to use the ELD user manual unless they face a rare
request. A commenter noted ELDs routinely have an electronic version of
the user's manual built into the device. This is true for many devices,
but in the event a device does not have an electronic manual accessible
within the device, FMCSA has a copy of each user manual on file as part
of the documentation process for ELD registration. All of these manuals
are readily available to motor carriers, drivers, enforcement
personnel, and the public through FMCSA's list of approved ELD devices
on its website, https://eld.fmcsa.dot.gov. Finally, while this
regulatory change removes the requirement to carry a printed user
manual, it does not forbid motor carriers or drivers from continuing to
carry a user's manual for their ELD.
V. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries where they operate, unless an international agreement
states otherwise. Foreign-domiciled drivers and motor carriers
operating in the
[[Page 37052]]
United States must comply with all applicable U.S. Federal regulations.
Drivers and carriers should be aware of the regulatory differences
between nations.
VI. Section-by-Section Analysis
Section 395.22 is amended by removing paragraph (h)(1) and
redesignating paragraphs (h)(2) though (h)(4) as paragraphs (h)(1)
through (h)(3).
VII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Rulemaking Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT's
Rulemaking Procedures, 49 CFR part 5, subpart B. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866 and has not reviewed
it under that E.O.
FMCSA rescinds the requirement for the ELD operator's manual to be
kept in CMVs. In 2024, over 3,000 drivers were found to be in violation
of this requirement. FMCSA anticipates that this will result in cost
savings for motor carriers and drivers that are currently required to
use ELDs and maintain a copy of the manual in the vehicle. FMCSA
anticipates that the impact of removing ELD manuals will be de minimis
and that the final rule will not impact safety. The regulations will
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\ 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\ An E.O. 14192 deregulatory action is
defined as ``an action that has been finalized and has total costs less
than zero.'' This final rule is expected to have total costs of less
than zero as it will remove the requirement to keep a copy of the ELD
manual in each CMV and therefore is an E.O. 14192 deregulatory action.
The cost savings of this rulemaking could not be quantified.
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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).
\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 (Mar. 26, 2025).
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C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).'' \3\
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\3\ A major rule means any rule that OMB 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 (Small Entities)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\4\
requires Federal agencies to consider the effects of the regulatory
action on small businesses 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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\4\ 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 final rule will impact all entities that are
required to use an ELD and keep a manual in the vehicle. As such, FMCSA
anticipates that it will 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 will not result in a significant
impact on the impacted entities. Consequently, I certify that this
action will 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 final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule will 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 businesses. 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 fairness in
regulatory enforcement 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)
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 one year. Because this final rule will not result in such an
expenditure, a written statement is not required.
G. Paperwork Reduction Act
This final rule does not impact the approved information collection
covering ELDs and HOS (Hours of Service (HOS) of Drivers Regulations,
[[Page 37053]]
OIRA approval # 2126-0001). There are no new or revised information
collection requirements under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501).
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 will not have substantial
direct costs on or for States, nor will 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,\5\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This rule will not require the collection of
personally identifiable information (PII).
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\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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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,\6\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form.\7\ No new or substantially changed
technology will collect, maintain, or disseminate information as a
result of this rule. Accordingly, FMCSA has not conducted a PIA.
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\6\ Public Law 107-347, 116 Stat. 2899, (Dec. 17, 2002).
\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing PII. The PTA was adjudicated
by DOT's Chief Privacy Officer on August 28, 2025.
J. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175
(65 FR 67249, Nov. 9, 2000), 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 rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action
is categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under DOT
Order 5610.1D,\8\ Subpart B, paragraph (e) (6)(q) and (e)(6)(bb). The
categorical exclusions in paragraphs (c)(6)(q) and (c)(6)(bb) cover
regulations pertaining to records preservation and vehicle operation
safety standards, respectively.
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\8\ Available at: https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
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List of Subjects in 49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
Accordingly, FMCSA amends 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 [Amended]
0
2. Amend Sec. 395.22 by:
0
a. Removing paragraph (h)(1); and
0
b. Redesignating paragraphs (h)(2) though (4) as paragraphs (h)(1)
through (3), respectively.
Issued under authority delegated in 49 CFR 1.87.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-12448 Filed 6-18-26; 8:45 am]
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