80_FR_18359 80 FR 18295 - Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (ELD) Registration

80 FR 18295 - Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (ELD) Registration

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range18295-18298
FR Document2015-07669

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment on the approval of a new (ICR) entitled, Electronic Logging Device Registration. This ICR will be used to enable providers to register their ELDs with FMCSA.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18295-18298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07669]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0377]


Agency Information Collection Activities; New Information 
Collection Request: Electronic Logging Device (ELD) Registration

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment on the approval of a new 
(ICR) entitled, Electronic Logging Device Registration. This ICR will 
be used to enable providers to register their ELDs with FMCSA.

DATES: Please send your comments by May 4, 2015. OMB must receive your 
comments by this date in order to act on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2014-0377. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to 
[email protected], or faxed to (202) 395-6974, or mailed to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Docket Library, Room 10102, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Routhier, Transportation 
Specialist, Technology Division, Office of Analysis, Research and 
Technology, Federal Motor Carrier Safety Administration, Department of 
Transportation, West Building 6th Floor, 1200 New Jersey Avenue SE., 
Washington, DC 20590. Telephone: 202-366-1225; email 
[email protected]. Office hours are from 9:00 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Electronic Logging Device (ELD) Registration.
    OMB Control Number: 2126-00XX.
    Type of Request: New Collection.
    Respondents: ELD providers.
    Estimated Number of Respondents: 22. FMCSA estimates that there 
will be 22 respondents, 20 U.S. and 2 foreign ELD providers, and that 
each provider will register an average of 4 devices. The total of 88 
devices (4 devices x 22 providers) exceeds the number of devices that 
FMCSA is currently aware of, but the Agency has opted to use a 
conservatively high count in order to avoid under-estimating the burden 
for this ICR.
    Estimated Time per Response: 15 minutes first year and 7.5 minutes 
in subsequent years. Each provider will take an estimated 15 minutes of 
preparation time plus 15 minutes per device to complete the initial 
registration, for a total of 75 minutes per provider in the first year 
(15 minutes of preparation time + (4 devices per provider x 15 minutes 
per device) = 75 minutes). In subsequent years, it is estimated that 
registration updates will take half the initial time, for a total of 
37.5 minutes per provider (7.5 minutes of preparation time + (4 devices 
per provider x 7.5 minutes per device) = 37.5 minutes).
    Expiration Date: N/A. This is a new ICR.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 18 hours [((22 respondents x 75 
minutes in year 1) + (22 respondents x 37.5 minutes

[[Page 18296]]

in year 2) + (22 respondents x 37.5 minutes in year 3)) = 3,300 minutes 
/ 60 minutes per hour = 55 / 3 year approval period = 18.33 hours, 
rounded to 18 hours].

Background

    On March 28, 2014, FMCSA published a supplemental notice of 
proposed rulemaking (SNPRM) entitled, ``Electronic Logging Devices and 
Hours of Service Supporting Documents,'' (79 FR 17656). Specifically, 
the SNPRM proposed: (1) New technical specifications for ELDs that 
address statutory requirements; and (2) to require the use of ELDs by 
those within the motor carrier industry who are currently subject to 
Records of Duty Status (RODS) preparation requirements. To ensure 
consistency among manufacturers and devices, functional specifications 
were published with the SNPRM. The SNPRM would require providers to 
certify their compliance with these functional specifications. 
Providers would also be required to register their compliant devices 
with FMCSA.
    The ELD providers will be asked to certify and register their 
devices with FMCSA online via an application Form MCSA-5893, 
``Electronic Logging Device (ELD) Registration and Certification.'' 
FMCSA expects 100 percent of respondents to submit their information 
electronically. Once the registration is completed, FMCSA will issue 
the provider a unique identification number that the provider will 
embed in its device(s).
    The FMCSA will maintain a list on its Web site of the current ELD 
providers and devices that have been certified (by the providers) to 
meet the technical specifications. The information will be necessary 
for fleets and drivers to easily find a compliant ELD to use in meeting 
the FMCSA regulation requiring the use of ELDs.

Comments From the Public

General Summary

    FMCSA published a notice in the Federal Register with a 60-day 
public comment period to announce this proposed ICR on October 28, 2014 
(79 FR 64248). The Agency requested comments concerning the necessity 
of the proposed information collection, the accuracy of the estimated 
burden, how the quality of collected information could be enhanced and 
ways in which the burden could be minimized without reducing the 
quality of the collected information. The Agency received 19 comments. 
Of these comments, nine were outside the scope of this notice. Some of 
these comments actually responded to elements of the ELD SNPRM, rather 
than the registration process.

Guidance on Registration Process

    Several commenters stated that there was a need for additional 
guidance for ELD registration. Garmin also wanted guidance on 
registration when an ELD sub-function may be implemented across 
multiple software and hardware components provided by one or more 
providers.
    Two commenters asked who is responsible for registration and 
supplying the certification of conformity to the ELD functional 
requirements. Verigo suggested that FMCSA clarify what supporting 
documentation would be necessary to complete the software 
certification. One commenter wrote that, according to the SNPRM, only 
device manufacturers can register.

FMCSA Response

    Registration of ELDs is the responsibility of the ELD provider. An 
ELD provider is the entity who manufactures the ELD, manufactures or 
assembles the ELD technology, certifies that the ELD complies with the 
functional specifications for ELDs set forth in the proposed subpart B 
of part 395 (including the proposed Appendix to subpart B of Part 395), 
and registers it on the FMCSA Web site.

Definition of Device and Other Systems With ELD Functionality

    A commenter wanted clarification of what FMCSA means by device. A 
commenter suggested that FMCSA allow the certification and registration 
of individual devices or subsystems (e.g., Bluetooth device, mobile 
smartphone or tablet, etc.) as meeting a subset of the technical 
specifications. These components could be combined into compliant ELD 
systems.
    A commenter asked how a software-based Transportation Management 
System would be registered.

FMCSA Response

    Electronic Logging Device (ELD) means a device or technology that 
meets the requirements of proposed subpart B of part 395 including the 
proposed Appendix to subpart B of part 395--Functional Specifications 
for All Electronic Logging Devices (ELDs). In proposed Sec.  395.2 it 
is defined as a device or technology that automatically records a 
driver's driving time and facilitates the accurate recording of the 
driver's hours of service, and that meets the requirements of subpart B 
of this part. Where the combination of sub-components is needed to meet 
this definition, the provider must register all of the components 
together as the ELD device.

Software Version Control

    Commenters asked how software version updates would be 
accommodated. Vnomics recommended that the software version that is 
displayed be the current base or main version. Vnomics also asked FMCSA 
to verify that the software version required by proposed section 
5.2.1(3) refers to the ELD software version that is part of a larger 
telematics solution.

FMCSA Response

    The ELD registration process will allow providers to update and 
maintain their device information to accommodate software version 
revisions. Providers will be able to update device information and 
software revisions on the registration site when they deem it necessary 
to do so, and will continue to certify that the updated device(s) 
continue to meet the regulation's requirements. See SNPRM Section 
5.1.2:

5.1.2. Keeping Information Current

    The ELD provider must keep the information in section 5.1.1 (b) and 
5.2.1 current through FMCSA's Web site.

Time To Register/Registration Information

    Saucon reminded the Agency that the content of the form would 
affect the estimates of the time registration would take annually. 
Saucon could not concur with the time estimate to complete the 
registration process. The commenter wrote that the time estimate 
depends on several undefined factors, including the level of detail in 
Form MCSA-5893. Saucon suggested that a simple checklist of key 
technical points that must be met by the provider might be sufficient 
for the form. Saucon also asked FMCSA to clarify that certification is 
required at the product level, and not the individual device level.
    Until all the technical specification issues in the SNPRM have been 
resolved and Form MCSA-5893 has been created to require the provision 
of substantive information demonstrating compliance, OOIDA believed 
that the ICR proceeding is premature. OOIDA believed the certification, 
with such specific information, should be updated as the rule evolves, 
otherwise a provider could remain on the approved list without 
additional verification of continued compliance.

[[Page 18297]]

    A commenter asked how devices can be registered as compliant before 
the details of compliancy are published. Saucon noted that the form was 
not available for comment.
    While the registration process itself did not impose an undue 
burden, Verigo was concerned that there was no estimate of the time 
required to complete the software certification or what would be 
required to be submitted to substantiate that certification. Verigo 
commented that the certification process is a significant undertaking 
and volunteered to provide its estimate to FMCSA.

FMCSA Response

    As proposed in the SNPRM, the registration of ELDs requires 15 
pieces of information from the providers outlined in section 5.1.1, 
Registering Online, and section 5.1.2, Online Certification. FMCSA 
conducted time trials to determine the average amount of time required 
to complete a simulated form with the 15 items required to register an 
ELD.
5.1.1 Registering Online
    (a) An ELD provider developing an ELD technology must register 
online at a secure FMCSA Web site where the ELD provider can securely 
certify that its ELD is compliant with this appendix.
    (b) Provider's registration must include the following information:
    (1) Company name of the technology provider/manufacturer.
    (2) Name of an individual authorized by the provider to verify that 
the ELD is compliant with this appendix and to certify it under section 
5.2 of this appendix.
    (3) Address of the registrant.
    (4) Email address of the registrant.
    (5) Telephone number of the registrant.
5.2.1. Online Certification
    (a) An ELD provider registered online as described in section 5.1.1 
must disclose the information in paragraph (b) of this section about 
each ELD model and version and certify that the particular ELD is 
compliant with the requirements of this appendix.
    (b) The online process will only allow a provider to complete 
certification if the provider successfully discloses all of the 
following required information:
    (1) Name of the product.
    (2) Model number of the product.
    (3) Software version of the product.
    (4) An ELD identifier, uniquely identifying the certified model and 
version of the ELD, assigned by the ELD provider in accordance with 
7.1.15.
    (5) Picture and/or screen shot of the product.
    (6) User's manual describing how to operate the ELD.
    (7) Description of the supported and certified data transfer 
mechanisms and step-by-step instructions for a driver to produce and 
transfer the ELD records to an authorized safety official.
    (8) Summary description of ELD malfunctions.
    (9) Procedure to validate an ELD authentication value as described 
in section 7.1.14.
    (10) Certifying statement describing how the product was tested to 
comply with FMCSA regulations.
    Registration will be at the model level of the ELD, not at the 
individual device level. See 5.2.1(b)(2) above.
    FMCSA will include procedures for provider registration of an ELD 
on the registration Web site. FMCSA will also provide guidance on the 
Web site to the provider that will contain the tools the provider will 
need to ensure that its ELD meets the technical specifications in part 
395. This guidance will contain all requirements and procedures related 
to RODS data compliance. However, it will be the responsibility of each 
provider to ensure that its products comply with the RODS file data 
definitions that FMCSA provides. If the regulation evolves, the changes 
to the technical specification and the certification process will be 
updated through the notice and comment process.
    In response to Verigo comments regarding the time necessary to 
determine whether the software meets the certification requirements, we 
note that the certification process is outside the scope of the current 
ICR, which is limited to the time required to fill out the 
certification information in 5.1.1 and 5.2.1 of the Appendix to 395.

ID/Authentication

    Under proposed section 5.1.3, FMCSA will provide a unique ELD 
registration ID number that the provider will embed on the device. 
Saucon asked FMCSA to provide an example of the ID number, and to 
clarify its purpose, including when the ID number needs to be provided 
and displayed. It asked if the ID number could be used as evidence 
during inspections that a device is ELD-certified and if Saucon would 
receive a certificate that it could present at inspections.

FMCSA Response

    The unique ELD registration ID format is outside the scope of this 
ICR. But, in section 7.17 of the Appendix to Subpart B of Part 395--
Functional Specifications for All Electronic Logging Devices (ELDs), 
FMCSA defined the ELD Registration ID and proposed that the 
registration ID be available on the ELD during inspections. The Agency 
does not plan to issue certificates for certified ELDs.

Updating Existing Devices

    Saucon asked how that ID number could be added to register 
existing, already installed AOBRDs that, through software updates, may 
become compliant ELDs. These AOBRDs are not easily accessible to either 
the manufacturer or the motor carrier.

FMCSA Response

    Software updates, although outside the scope of this ICR, would 
most likely be provided through the connectivity of AOBRDs via their 
cellular connection or available online to AOBRD owners. These software 
updates can include the Registration ID for the newly compliant 
devices. Existing device providers will be able to notify owners of 
existing AOBRDs if their devices are capable of being updated to meet 
ELD requirement through software updates. These devices in turn will be 
able to be registered and certified by the providers on the FMCSA ELD 
registration Web site.

FMCSA Certified ELD List

    Saucon provided a list of information that it suggested be included 
on any Web site storing information on ELD-certified providers. The 
list included the company name and contact information, a link to the 
provider's Web site, a descriptor noting in which industry the provider 
mainly works (i.e., motorcoach, trucking, etc.), and a section for 
comments on what the provider provides. Saucon also suggested that the 
provider have a username and password to access and edit the 
information on the Web site.
    During roadside inspections and Safety Audits and Compliance 
Reviews, CVSA wrote that it would be critical for inspectors to 
accurately and quickly verify compliance. Therefore, the Agency must 
consider what documentation needs to be maintained as evidence of 
certification.

FMCSA Response

    The FMCSA list of registered devices will include only the minimal 
information on the certified devices. The Agency outlined this in the 
SNPRM in Section 5.3:
5.3. Publicly Available Information
    Except for the information listed under section 5.1.1 (b)(2), (4), 
and (5) and section 5.2.1 (b)(9), FMCSA will make the information in 
sections 5.1.1 and 5.2.1 for each certified ELD publicly

[[Page 18298]]

available on a Web site to allow motor carriers to determine which 
products have been properly registered and certified as ELDs compliant 
with this appendix.
    FMCSA will not provide or require ``certification documents'' that 
would be carried with the device. The ELD Registration ID will be 
verified through eRODS only.

De-Registration

    Verigo was concerned with the ELD de-registration process and 
requested more information.

FMCSA Response

    FMCSA will provide information regarding the de-registration 
process in the Final Rule.

Self-Certification

    OOIDA commented that the information required of ELD manufacturers 
who wish to be on FMCSA's approved list of providers must be more 
substantive than a general self-certification of compliance with the 
technical specifications of the rule.

FMCSA Response

    The registration of ELDs requires 15 pieces of information from the 
providers, as outlined in proposed section 5, ELD Registration and 
Certification, Section 5.1.1, Registering Online, and section 5.1.2, 
Online Certification. Specifically, proposed section 5.2.1(b)(10) would 
require a ``Certifying statement describing how the product was tested 
to comply with FMCSA regulations.'' The Agency requires this self-
certification just as NHTSA requires self-certification of vehicle and 
parts manufacturers.
    Public Comments Invited: You are asked to comment on any of the 
following aspects of this information collection: (1) Whether the 
proposed collection is necessary for the FMCSA to perform its 
functions; (2) the accuracy of the estimated burden; (3) ways for the 
FMCSA to enhance the quality, usefulness, and clarity of the collected 
information; and (4) ways that the burden could be minimized without 
reducing the quality of the collected information.

    Issued under the authority of 49 CFR 1.87 on: March 26, 2015.
 G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology 
and Chief Information Officer.
[FR Doc. 2015-07669 Filed 4-2-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                      Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices                                           18295

                                                    sidewalls, the vehicle’s Owner’s Manual                 30120(h)) that permit manufacturers to                to the Office of Information and
                                                    which contains information pertaining                   file petitions for a determination of                 Regulatory Affairs, Office of
                                                    to the various tire sizes and tire pressure             inconsequentiality allow NHTSA to                     Management and Budget. Comments
                                                    for use on the affected vehicles, and                   exempt manufacturers only from the                    should be addressed to the attention of
                                                    BMW’s Roadside AssistanceTM program                     duties found in sections 30118 and                    the Desk Officer, Department of
                                                    which is available 24 hours/day and                     30120, respectively, to notify owners,                Transportation/Federal Motor Carrier
                                                    provides representatives who have                       purchasers, and dealers of a defect or                Safety Administration, and sent via
                                                    information on all available tire sizes                 noncompliance and to remedy the                       electronic mail to oira_submission@
                                                    and specifications for a given model and                defect or noncompliance. Therefore, any               omb.eop.gov, or faxed to (202) 395–
                                                    model year of BMW. BMW states its                       decision on this petition only applies to             6974, or mailed to the Office of
                                                    belief that all of the above listed sources             the subject vehicles that BMW no longer               Information and Regulatory Affairs,
                                                    would lead the driver to obtaining the                  controlled at the time it determined that             Office of Management and Budget,
                                                    correct recommended cold inflation                      the noncompliance existed. However,                   Docket Library, Room 10102, 725 17th
                                                    pressure when attempting to inflate the                 any decision on this petition does not                Street NW., Washington, DC 20503.
                                                    tires mounted on their vehicle.                         relieve vehicle distributors and dealers              FOR FURTHER INFORMATION CONTACT: Mr.
                                                       For the subject vehicles containing                  of the prohibitions on the sale, offer for            Brian Routhier, Transportation
                                                    both incorrect 49 CFR part 567                          sale, or introduction or delivery for                 Specialist, Technology Division, Office
                                                    certification labels and incorrect FMVSS                introduction into interstate commerce of              of Analysis, Research and Technology,
                                                    No. 110 tire information labels BMW                     the noncompliant vehicles under their                 Federal Motor Carrier Safety
                                                    states that the driver can use the                      control after BMW notified them that                  Administration, Department of
                                                    labeling on the sidewall of the installed               the subject noncompliance existed.                    Transportation, West Building 6th
                                                    tires, the vehicle’s owner’s manual, and
                                                                                                              Authority: 49 U.S.C. 30118, 30120:                  Floor, 1200 New Jersey Avenue SE.,
                                                    BMW Roadside AssistanceTM to
                                                                                                            delegations of authority at 49 CFR 1.95 and           Washington, DC 20590. Telephone:
                                                    determine the recommended cold                          501.8.                                                202–366–1225; email brian.routhier@
                                                    inflation pressure for the tires installed
                                                                                                            Jeffrey M. Giuseppe,                                  dot.gov. Office hours are from 9:00 a.m.
                                                    on their vehicle.
                                                       BMW also maintains that if a driver                                                                        to 5 p.m., Monday through Friday,
                                                                                                            Director, Office of Vehicle Safety Compliance.
                                                    were to use the cold inflation pressure                                                                       except Federal holidays.
                                                                                                            [FR Doc. 2015–07608 Filed 4–2–15; 8:45 am]
                                                    shown on the incorrect labels for the for                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                            BILLING CODE 4910–59–P
                                                    18-inch tires when inflating the 19-inch                                                                        Title: Electronic Logging Device (ELD)
                                                    tires, that pressure would be sufficient                                                                      Registration.
                                                    to support vehicle loading. Their                       DEPARTMENT OF TRANSPORTATION                            OMB Control Number: 2126–00XX.
                                                    calculations using the MY 2015 X5                                                                               Type of Request: New Collection.
                                                    xDrive35i for example show that the                     Federal Motor Carrier Safety                            Respondents: ELD providers.
                                                    determined load rating for two 19-inch                  Administration                                          Estimated Number of Respondents:
                                                    tires inflated to the pressure meant for                                                                      22. FMCSA estimates that there will be
                                                                                                            [Docket No. FMCSA–2014–0377]                          22 respondents, 20 U.S. and 2 foreign
                                                    18-inch tires is 1,572 kg. Because the
                                                    front gross axle weight rating (GAWR) is                Agency Information Collection                         ELD providers, and that each provider
                                                    1,279 kg, BMW concludes that the 19-                    Activities; New Information Collection                will register an average of 4 devices. The
                                                    inch tires would be adequately inflated.                Request: Electronic Logging Device                    total of 88 devices (4 devices × 22
                                                    BMW also included calculations to                       (ELD) Registration                                    providers) exceeds the number of
                                                    demonstrate that the information on the                                                                       devices that FMCSA is currently aware
                                                    certification labels is correct for the 18-             AGENCY: Federal Motor Carrier Safety                  of, but the Agency has opted to use a
                                                    inch tires mounted on the subject                       Administration (FMCSA), DOT.                          conservatively high count in order to
                                                    vehicles.                                               ACTION: Notice and request for                        avoid under-estimating the burden for
                                                       BMW states that BMW Customer                         comments.                                             this ICR.
                                                    Relations have not received any contact                                                                         Estimated Time per Response: 15
                                                                                                            SUMMARY:   In accordance with the                     minutes first year and 7.5 minutes in
                                                    from vehicle owners regarding this issue
                                                                                                            Paperwork Reduction Act of 1995,                      subsequent years. Each provider will
                                                    and, therefore, are unaware that any
                                                                                                            FMCSA announces its plan to submit                    take an estimated 15 minutes of
                                                    vehicle owner has encountered this
                                                                                                            the Information Collection Request (ICR)              preparation time plus 15 minutes per
                                                    issue in the field. They state that they
                                                                                                            described below to the Office of                      device to complete the initial
                                                    are also unaware of any accident or
                                                                                                            Management and Budget (OMB) for its                   registration, for a total of 75 minutes per
                                                    injuries that have occurred as a result of
                                                                                                            review and approval and invites public                provider in the first year (15 minutes of
                                                    this noncompliance.
                                                       BMW has additionally informed                        comment on the approval of a new (ICR)                preparation time + (4 devices per
                                                    NHTSA that it has corrected the subject                 entitled, Electronic Logging Device                   provider × 15 minutes per device) = 75
                                                    noncompliance.                                          Registration. This ICR will be used to                minutes). In subsequent years, it is
                                                       In summation, BMW believes that the                  enable providers to register their ELDs               estimated that registration updates will
                                                    described noncompliance of the subject                  with FMCSA.                                           take half the initial time, for a total of
                                                    vehicles is inconsequential to motor                    DATES: Please send your comments by                   37.5 minutes per provider (7.5 minutes
                                                    vehicle safety, and that its petition, to               May 4, 2015. OMB must receive your                    of preparation time + (4 devices per
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    exempt BMW from providing recall                        comments by this date in order to act on              provider x 7.5 minutes per device) =
                                                    notification of noncompliance as                        the ICR.                                              37.5 minutes).
                                                    required by 49 U.S.C. 30118 and                         ADDRESSES: All comments should                          Expiration Date: N/A. This is a new
                                                    remedying the recall noncompliance as                   reference Federal Docket Management                   ICR.
                                                    required by 49 U.S.C. 30120 should be                   System (FDMS) Docket Number                             Frequency of Response: On occasion.
                                                    granted.                                                FMCSA–2014–0377. Interested persons                     Estimated Total Annual Burden: 18
                                                       NHTSA notes that the statutory                       are invited to submit written comments                hours [((22 respondents × 75 minutes in
                                                    provisions (49 U.S.C. 30118(d) and                      on the proposed information collection                year 1) + (22 respondents × 37.5 minutes


                                               VerDate Sep<11>2014   17:49 Apr 02, 2015   Jkt 235001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703   E:\FR\FM\03APN1.SGM   03APN1


                                                    18296                             Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices

                                                    in year 2) + (22 respondents × 37.5                     Some of these comments actually                       components is needed to meet this
                                                    minutes in year 3)) = 3,300 minutes ÷ 60                responded to elements of the ELD                      definition, the provider must register all
                                                    minutes per hour = 55 ÷ 3 year approval                 SNPRM, rather than the registration                   of the components together as the ELD
                                                    period = 18.33 hours, rounded to 18                     process.                                              device.
                                                    hours].
                                                                                                            Guidance on Registration Process                      Software Version Control
                                                    Background                                                Several commenters stated that there                  Commenters asked how software
                                                       On March 28, 2014, FMCSA                             was a need for additional guidance for                version updates would be
                                                    published a supplemental notice of                      ELD registration. Garmin also wanted                  accommodated. Vnomics recommended
                                                    proposed rulemaking (SNPRM) entitled,                   guidance on registration when an ELD                  that the software version that is
                                                    ‘‘Electronic Logging Devices and Hours                  sub-function may be implemented                       displayed be the current base or main
                                                    of Service Supporting Documents,’’ (79                  across multiple software and hardware                 version. Vnomics also asked FMCSA to
                                                    FR 17656). Specifically, the SNPRM                      components provided by one or more                    verify that the software version required
                                                    proposed: (1) New technical                             providers.                                            by proposed section 5.2.1(3) refers to the
                                                    specifications for ELDs that address                      Two commenters asked who is                         ELD software version that is part of a
                                                    statutory requirements; and (2) to                      responsible for registration and                      larger telematics solution.
                                                    require the use of ELDs by those within                 supplying the certification of conformity
                                                                                                            to the ELD functional requirements.                   FMCSA Response
                                                    the motor carrier industry who are
                                                    currently subject to Records of Duty                    Verigo suggested that FMCSA clarify                      The ELD registration process will
                                                    Status (RODS) preparation                               what supporting documentation would                   allow providers to update and maintain
                                                    requirements. To ensure consistency                     be necessary to complete the software                 their device information to
                                                    among manufacturers and devices,                        certification. One commenter wrote that,              accommodate software version
                                                    functional specifications were                          according to the SNPRM, only device                   revisions. Providers will be able to
                                                    published with the SNPRM. The                           manufacturers can register.                           update device information and software
                                                    SNPRM would require providers to                                                                              revisions on the registration site when
                                                                                                            FMCSA Response                                        they deem it necessary to do so, and
                                                    certify their compliance with these
                                                    functional specifications. Providers                       Registration of ELDs is the                        will continue to certify that the updated
                                                    would also be required to register their                responsibility of the ELD provider. An                device(s) continue to meet the
                                                    compliant devices with FMCSA.                           ELD provider is the entity who                        regulation’s requirements. See SNPRM
                                                       The ELD providers will be asked to                   manufactures the ELD, manufactures or                 Section 5.1.2:
                                                    certify and register their devices with                 assembles the ELD technology, certifies
                                                                                                                                                                  5.1.2. Keeping Information Current
                                                    FMCSA online via an application Form                    that the ELD complies with the
                                                    MCSA–5893, ‘‘Electronic Logging                         functional specifications for ELDs set                   The ELD provider must keep the
                                                    Device (ELD) Registration and                           forth in the proposed subpart B of part               information in section 5.1.1 (b) and
                                                    Certification.’’ FMCSA expects 100                      395 (including the proposed Appendix                  5.2.1 current through FMCSA’s Web
                                                    percent of respondents to submit their                  to subpart B of Part 395), and registers              site.
                                                    information electronically. Once the                    it on the FMCSA Web site.                             Time To Register/Registration
                                                    registration is completed, FMCSA will                   Definition of Device and Other Systems                Information
                                                    issue the provider a unique                             With ELD Functionality                                   Saucon reminded the Agency that the
                                                    identification number that the provider                                                                       content of the form would affect the
                                                                                                              A commenter wanted clarification of
                                                    will embed in its device(s).                                                                                  estimates of the time registration would
                                                                                                            what FMCSA means by device. A
                                                       The FMCSA will maintain a list on its                                                                      take annually. Saucon could not concur
                                                                                                            commenter suggested that FMCSA allow
                                                    Web site of the current ELD providers                                                                         with the time estimate to complete the
                                                                                                            the certification and registration of
                                                    and devices that have been certified (by                                                                      registration process. The commenter
                                                                                                            individual devices or subsystems (e.g.,
                                                    the providers) to meet the technical                                                                          wrote that the time estimate depends on
                                                                                                            Bluetooth device, mobile smartphone or
                                                    specifications. The information will be                                                                       several undefined factors, including the
                                                                                                            tablet, etc.) as meeting a subset of the
                                                    necessary for fleets and drivers to easily                                                                    level of detail in Form MCSA–5893.
                                                                                                            technical specifications. These
                                                    find a compliant ELD to use in meeting                                                                        Saucon suggested that a simple
                                                                                                            components could be combined into
                                                    the FMCSA regulation requiring the use                                                                        checklist of key technical points that
                                                                                                            compliant ELD systems.
                                                    of ELDs.                                                                                                      must be met by the provider might be
                                                                                                              A commenter asked how a software-
                                                    Comments From the Public                                based Transportation Management                       sufficient for the form. Saucon also
                                                                                                            System would be registered.                           asked FMCSA to clarify that
                                                    General Summary
                                                                                                                                                                  certification is required at the product
                                                      FMCSA published a notice in the                       FMCSA Response                                        level, and not the individual device
                                                    Federal Register with a 60-day public                     Electronic Logging Device (ELD)                     level.
                                                    comment period to announce this                         means a device or technology that meets                  Until all the technical specification
                                                    proposed ICR on October 28, 2014 (79                    the requirements of proposed subpart B                issues in the SNPRM have been resolved
                                                    FR 64248). The Agency requested                         of part 395 including the proposed                    and Form MCSA–5893 has been created
                                                    comments concerning the necessity of                    Appendix to subpart B of part 395—                    to require the provision of substantive
                                                    the proposed information collection, the                Functional Specifications for All                     information demonstrating compliance,
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                                                    accuracy of the estimated burden, how                   Electronic Logging Devices (ELDs). In                 OOIDA believed that the ICR proceeding
                                                    the quality of collected information                    proposed § 395.2 it is defined as a                   is premature. OOIDA believed the
                                                    could be enhanced and ways in which                     device or technology that automatically               certification, with such specific
                                                    the burden could be minimized without                   records a driver’s driving time and                   information, should be updated as the
                                                    reducing the quality of the collected                   facilitates the accurate recording of the             rule evolves, otherwise a provider could
                                                    information. The Agency received 19                     driver’s hours of service, and that meets             remain on the approved list without
                                                    comments. Of these comments, nine                       the requirements of subpart B of this                 additional verification of continued
                                                    were outside the scope of this notice.                  part. Where the combination of sub-                   compliance.


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                                                                                      Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices                                            18297

                                                      A commenter asked how devices can                        (6) User’s manual describing how to                Registration ID and proposed that the
                                                    be registered as compliant before the                   operate the ELD.                                      registration ID be available on the ELD
                                                    details of compliancy are published.                       (7) Description of the supported and               during inspections. The Agency does
                                                    Saucon noted that the form was not                      certified data transfer mechanisms and                not plan to issue certificates for certified
                                                    available for comment.                                  step-by-step instructions for a driver to             ELDs.
                                                      While the registration process itself                 produce and transfer the ELD records to
                                                    did not impose an undue burden, Verigo                  an authorized safety official.                        Updating Existing Devices
                                                    was concerned that there was no                            (8) Summary description of ELD                       Saucon asked how that ID number
                                                    estimate of the time required to                        malfunctions.                                         could be added to register existing,
                                                    complete the software certification or                     (9) Procedure to validate an ELD                   already installed AOBRDs that, through
                                                    what would be required to be submitted                  authentication value as described in                  software updates, may become
                                                    to substantiate that certification. Verigo              section 7.1.14.                                       compliant ELDs. These AOBRDs are not
                                                    commented that the certification                           (10) Certifying statement describing               easily accessible to either the
                                                    process is a significant undertaking and                how the product was tested to comply                  manufacturer or the motor carrier.
                                                    volunteered to provide its estimate to                  with FMCSA regulations.
                                                    FMCSA.                                                     Registration will be at the model level            FMCSA Response
                                                                                                            of the ELD, not at the individual device                Software updates, although outside
                                                    FMCSA Response                                          level. See 5.2.1(b)(2) above.                         the scope of this ICR, would most likely
                                                       As proposed in the SNPRM, the                           FMCSA will include procedures for                  be provided through the connectivity of
                                                    registration of ELDs requires 15 pieces                 provider registration of an ELD on the                AOBRDs via their cellular connection or
                                                    of information from the providers                       registration Web site. FMCSA will also                available online to AOBRD owners.
                                                    outlined in section 5.1.1, Registering                  provide guidance on the Web site to the               These software updates can include the
                                                    Online, and section 5.1.2, Online                       provider that will contain the tools the              Registration ID for the newly compliant
                                                    Certification. FMCSA conducted time                     provider will need to ensure that its                 devices. Existing device providers will
                                                    trials to determine the average amount                  ELD meets the technical specifications                be able to notify owners of existing
                                                    of time required to complete a simulated                in part 395. This guidance will contain               AOBRDs if their devices are capable of
                                                    form with the 15 items required to                      all requirements and procedures related               being updated to meet ELD requirement
                                                    register an ELD.                                        to RODS data compliance. However, it                  through software updates. These devices
                                                                                                            will be the responsibility of each                    in turn will be able to be registered and
                                                    5.1.1 Registering Online
                                                                                                            provider to ensure that its products                  certified by the providers on the FMCSA
                                                       (a) An ELD provider developing an                    comply with the RODS file data                        ELD registration Web site.
                                                    ELD technology must register online at                  definitions that FMCSA provides. If the
                                                    a secure FMCSA Web site where the                       regulation evolves, the changes to the                FMCSA Certified ELD List
                                                    ELD provider can securely certify that                  technical specification and the                          Saucon provided a list of information
                                                    its ELD is compliant with this appendix.                certification process will be updated                 that it suggested be included on any
                                                       (b) Provider’s registration must                     through the notice and comment                        Web site storing information on ELD-
                                                    include the following information:                      process.                                              certified providers. The list included the
                                                       (1) Company name of the technology                      In response to Verigo comments                     company name and contact information,
                                                    provider/manufacturer.                                  regarding the time necessary to                       a link to the provider’s Web site, a
                                                       (2) Name of an individual authorized                 determine whether the software meets                  descriptor noting in which industry the
                                                    by the provider to verify that the ELD                  the certification requirements, we note               provider mainly works (i.e.,
                                                    is compliant with this appendix and to                  that the certification process is outside             motorcoach, trucking, etc.), and a
                                                    certify it under section 5.2 of this                    the scope of the current ICR, which is                section for comments on what the
                                                    appendix.                                               limited to the time required to fill out              provider provides. Saucon also
                                                       (3) Address of the registrant.
                                                       (4) Email address of the registrant.                 the certification information in 5.1.1                suggested that the provider have a
                                                       (5) Telephone number of the                          and 5.2.1 of the Appendix to 395.                     username and password to access and
                                                    registrant.                                                                                                   edit the information on the Web site.
                                                                                                            ID/Authentication
                                                                                                                                                                     During roadside inspections and
                                                    5.2.1. Online Certification                               Under proposed section 5.1.3, FMCSA                 Safety Audits and Compliance Reviews,
                                                      (a) An ELD provider registered online                 will provide a unique ELD registration                CVSA wrote that it would be critical for
                                                    as described in section 5.1.1 must                      ID number that the provider will embed                inspectors to accurately and quickly
                                                    disclose the information in paragraph                   on the device. Saucon asked FMCSA to                  verify compliance. Therefore, the
                                                    (b) of this section about each ELD model                provide an example of the ID number,                  Agency must consider what
                                                    and version and certify that the                        and to clarify its purpose, including                 documentation needs to be maintained
                                                    particular ELD is compliant with the                    when the ID number needs to be                        as evidence of certification.
                                                    requirements of this appendix.                          provided and displayed. It asked if the
                                                                                                            ID number could be used as evidence                   FMCSA Response
                                                      (b) The online process will only allow
                                                    a provider to complete certification if                 during inspections that a device is ELD-                The FMCSA list of registered devices
                                                    the provider successfully discloses all of              certified and if Saucon would receive a               will include only the minimal
                                                    the following required information:                     certificate that it could present at                  information on the certified devices.
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                                                      (1) Name of the product.                              inspections.                                          The Agency outlined this in the SNPRM
                                                      (2) Model number of the product.                                                                            in Section 5.3:
                                                                                                            FMCSA Response
                                                      (3) Software version of the product.
                                                      (4) An ELD identifier, uniquely                          The unique ELD registration ID format              5.3. Publicly Available Information
                                                    identifying the certified model and                     is outside the scope of this ICR. But, in               Except for the information listed
                                                    version of the ELD, assigned by the ELD                 section 7.17 of the Appendix to Subpart               under section 5.1.1 (b)(2), (4), and (5)
                                                    provider in accordance with 7.1.15.                     B of Part 395—Functional Specifications               and section 5.2.1 (b)(9), FMCSA will
                                                      (5) Picture and/or screen shot of the                 for All Electronic Logging Devices                    make the information in sections 5.1.1
                                                    product.                                                (ELDs), FMCSA defined the ELD                         and 5.2.1 for each certified ELD publicly


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                                                    18298                             Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices

                                                    available on a Web site to allow motor                  manufacturers who wish to be on                       following aspects of this information
                                                    carriers to determine which products                    FMCSA’s approved list of providers                    collection: (1) Whether the proposed
                                                    have been properly registered and                       must be more substantive than a general               collection is necessary for the FMCSA to
                                                    certified as ELDs compliant with this                   self-certification of compliance with the             perform its functions; (2) the accuracy of
                                                    appendix.                                               technical specifications of the rule.                 the estimated burden; (3) ways for the
                                                       FMCSA will not provide or require                                                                          FMCSA to enhance the quality,
                                                    ‘‘certification documents’’ that would be               FMCSA Response
                                                                                                                                                                  usefulness, and clarity of the collected
                                                    carried with the device. The ELD                           The registration of ELDs requires 15               information; and (4) ways that the
                                                    Registration ID will be verified through                pieces of information from the                        burden could be minimized without
                                                    eRODS only.                                             providers, as outlined in proposed                    reducing the quality of the collected
                                                    De-Registration                                         section 5, ELD Registration and                       information.
                                                                                                            Certification, Section 5.1.1, Registering
                                                      Verigo was concerned with the ELD                     Online, and section 5.1.2, Online                       Issued under the authority of 49 CFR 1.87
                                                    de-registration process and requested                   Certification. Specifically, proposed                 on: March 26, 2015.
                                                    more information.                                       section 5.2.1(b)(10) would require a                  G. Kelly Regal,
                                                    FMCSA Response                                          ‘‘Certifying statement describing how                 Associate Administrator, Office of Research
                                                      FMCSA will provide information                        the product was tested to comply with                 and Information Technology and Chief
                                                                                                            FMCSA regulations.’’ The Agency                       Information Officer.
                                                    regarding the de-registration process in
                                                    the Final Rule.                                         requires this self-certification just as              [FR Doc. 2015–07669 Filed 4–2–15; 8:45 am]
                                                                                                            NHTSA requires self-certification of                  BILLING CODE 4910–EX–P
                                                    Self-Certification                                      vehicle and parts manufacturers.
                                                      OOIDA commented that the                                 Public Comments Invited: You are
                                                    information required of ELD                             asked to comment on any of the
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Document Created: 2015-12-18 15:28:43
Document Modified: 2015-12-18 15:28:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesPlease send your comments by May 4, 2015. OMB must receive your comments by this date in order to act on the ICR.
ContactMr. Brian Routhier, Transportation Specialist, Technology Division, Office of Analysis, Research and Technology, Federal Motor Carrier Safety Administration, Department of Transportation, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-1225; email [email protected] Office hours are from 9:00 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
FR Citation80 FR 18295 

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