United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2007_register executive 2010-09-22 article Part II Proposed Rules D09002ee1c80cc63d D09002ee1c80cc77e United States Department of Transportation originator org United States Government Agency or Subagency United States Federal Motor Carrier Safety Administration originator org United States Government Agency or Subagency The Federal Motor Carrier Safety Administration (FMCSA) proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured on or after the date 2 years following the effective date of a final rule. On-board hours-of-service recording devices meeting FMCSA's current requirements and voluntarily installed in CMVs manufactured before the implementation date of a final rule may continue to be used for the remainder of the service life of those CMVs. Under the proposal, motor carriers that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards. If FMCSA determined, based on HOS records reviewed during each of two compliance reviews conducted within a 2- year period, that a motor carrier had a 10 percent or greater violation rate ("pattern violation") for any regulation in proposed Appendix C to Part 385, FMCSA would issue the carrier an EOBR remedial directive. The motor carrier would be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency's current requirements under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. We also propose changes to the safety fitness standard that would require this group of carriers to install, use, and maintain EOBRs in order to meet the new standard. Finally, FMCSA would encourage industrywide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs: Revising the Agency's compliance review procedures to permit examination of a random sample of drivers' records of duty status; providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied; and other potential incentives made possible by the inherent safety and driver health benefits of EOBR technology. 72 FR 2340 https://www.govinfo.gov/app/details/FR-2007-01-18/07-56 07-56 fr18ja07-31 4910-EX-P Docket No. FMCSA-2004-18940 https://www.govinfo.gov/app/details/FR-2007-01-18/07-56 https://www.govinfo.gov/content/pkg/FR-2007-01-18/html/07-56.htm https://www.govinfo.gov/content/pkg/FR-2007-01-18/pdf/07-56.pdf Grant Programs-Transportation Highway Safety Motor Carriers Motor Vehicle Safety Reporting and Recordkeeping Requirements Administrative Practice and Procedure Reporting and Recordkeeping Highways and Roads Motor Vehicle Equipment 55 p. 2340 2394 72 FR 2340 Title 49 Part 350 49 CFR Part 350 Title 49 Part 385 49 CFR Part 385 Title 49 Part 395 49 CFR Part 395 Title 49 Part 396 49 CFR Part 396 Electronic On-Board Recorders for Hours-of-Service Compliance; Federal Register Vol. 72, Issue PRORULE 07-56 II DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 2007-04-18 Docket No. FMCSA-2004-18940 4910-EX-P 07-56 Notice of proposed rulemaking (NPRM); request for comments.

The Federal Motor Carrier Safety Administration (FMCSA) proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured on or after the date 2 years following the effective date of a final rule. On-board hours-of-service recording devices meeting FMCSA's current requirements and voluntarily installed in CMVs manufactured before the implementation date of a final rule may continue to be used for the remainder of the service life of those CMVs. Under the proposal, motor carriers that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards. If FMCSA determined, based on HOS records reviewed during each of two compliance reviews conducted within a 2- year period, that a motor carrier had a 10 percent or greater violation rate ("pattern violation") for any regulation in proposed Appendix C to Part 385, FMCSA would issue the carrier an EOBR remedial directive. The motor carrier would be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency's current requirements under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. We also propose changes to the safety fitness standard that would require this group of carriers to install, use, and maintain EOBRs in order to meet the new standard. Finally, FMCSA would encourage industrywide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs: Revising the Agency's compliance review procedures to permit examination of a random sample of drivers' records of duty status; providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied; and other potential incentives made possible by the inherent safety and driver health benefits of EOBR technology.

Comments must be received by April 18, 2007. Ms. Deborah M. Freund, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, (202) 366-4009, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590-0001. Grant Programs-Transportation Highway Safety Motor Carriers Motor Vehicle Safety Reporting and Recordkeeping Requirements Administrative Practice and Procedure Reporting and Recordkeeping Highways and Roads Motor Vehicle Equipment Motor vehicle safety standards: Parts and accessories necessary for safe operation Electronic on-board recorders; hours-of-service compliance, http://dms.dot.gov http://www.fmcsadot.gov/Safety-Security/hazmat/fot/index.htm http://www.fmsca.dot.gov/safety-security/safety-initiatives/csa2010listening.htm http://www.regulations.gov Vol. 72, no. 11 Office of the Federal Register, National Archives and Records Administration 2007-01-18 continuing daily deposited born digital 265 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2007-01-18 P0b002ee180955062 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr18ja07 https://www.govinfo.gov/app/details/FR-2007-01-18 https://www.govinfo.gov/content/pkg/FR-2007-01-18/pdf/FR-2007-01-18.pdf https://www.govinfo.gov/content/pkg/FR-2007-01-18/xml/FR-2007-01-18.xml fdlp 2167 2420 DGPO 2010-09-22 2024-06-05 FR-2007-01-18 machine generated eng FR FR-2007-01-18 72 11