80 FR 59664 - Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device (AOBRD) Information
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 191 (October 2, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 191 (October 2, 2015)
| Page Range | 59664-59665 | |
| FR Document | 2015-25135 |
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)] [Rules and Regulations] [Pages 59664-59665] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25135] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device (AOBRD) Information AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of regulatory guidance. ----------------------------------------------------------------------- SUMMARY: FMCSA issues regulatory guidance concerning the editing of records created by automatic on-board recording devices (AOBRDs). The guidance makes clear that, within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information. The AOBRD must retain the original entries, and reflect the date, time, and name of the person making edits to the information. Drivers' supervisors may request that a driver make edits to correct errors, but the driver must accept or reject such requests. Driving time may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. All prior Agency interpretations and regulatory guidance on this subject, including memoranda and letters, may no longer be relied upon to the extent they are inconsistent with this guidance. DATES: This regulatory guidance is effective October 2, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, phone (202) 366-4325, email MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Legal Basis The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 Stat. 2832, October 30, 1984) (1984 Act), as amended (codified at 49 U.S.C. 31136(a)) authorizes the Secretary of Transportation to regulate commercial motor vehicles (CMVs) and equipment, and the drivers and motor carriers that operate them. Section 211 of the 1984 Act also gives the Secretary broad power to ``prescribe recordkeeping and reporting requirements'' and to ``perform other acts the Secretary considers appropriate'' (49 U.S.C. 31133(a)(8) and (10)). The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(f) to carry out the functions vested in the Secretary by 49 U.S.C. chapter 311, subchapters I and III, relating to CMV programs and safety regulation. Background Motor carriers began to use automated hours-of-service (HOS) recording devices in the mid-1980s to replace paper records. The Federal Highway Administration, the agency then responsible for the motor carrier safety regulations, published a final rule in 1988 that defined Automatic On Board Recording Devices (AOBRDs) and set forth performance standards for their use (53 FR 38670, September 30, 1988, codified at 49 CFR 395.15). Question 2 of the regulatory guidance for Sec. 395.15 prohibits CMV drivers from ``amending'' AOBRD records of duty status (RODS) during a trip; the guidance was published on April 4, 1997 (65 FR 16370, at 16426). The reason for the prohibition--``If drivers, who use automatic on-board recording devices, were allowed to amend their record of duty status while in transit, [[Page 59665]] legitimate amendments could not be distinguished from falsifications''--was to block a pathway for drivers to falsify their electronic records. At the time the guidance was written, most AOBRD systems required the driver to physically deliver his or her electronic HOS information to the motor carrier using removable media such as a data disk. The Agency may have been concerned that some of those early AOBRD systems might not have incorporated audit trails into their software. Over 25 years have passed since the AOBRD rule was published. Many systems now allow electronic transfer of data from in-cab units to a support system. Thousands of motor carriers and hundreds of thousands of drivers are using HOS recording systems that far exceed the minimum performance requirements for AOBRDs. Information technology systems can place very precise controls over the data revision; e.g., specific data elements can be ``locked'' to prevent any revision once an entry has been made. They also routinely incorporate audit trails to indicate who revised data that was originally entered, when the revision was made, and the reason for the change. FMCSA acknowledges that drivers need to be able to make legitimate corrections to their electronic AOBRD records. For example, if a driver erroneously enters ``off duty'' when he or she actually is on duty/not driving, and realizes this error later, under current guidance the driver would have to relay this information to a supervisory motor carrier official, and that official would need to edit the driver's record. In another example, a driver might need to enter on-duty activity performed when the driver was away from the CMV. With the steady increase in CMV drivers using AOBRDs, and the ability of software to note edits without deleting the original record, the need for a driver to make this request through another party is no longer necessary and is becoming increasing less viable. Therefore, as long as the AOBRD record reflects both the original entry and the revised entry, along with information on who made the revision, the date and time, and the reason (in the Remarks sections, see current Question 2 to Sec. 395.15), FMCSA will now allow these edits. However, FMCSA continues to prohibit drivers from editing records related to driving time, except in limited circumstances. Driving time may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. Such time may be reassigned to the correct driver. Staff of the motor carrier or its electronic systems provider may request that a driver make edits to correct errors. The driver must accept or reject such requests and the AOBRD must record the transaction. If the driver edits the record based on the request, he or she must re-submit and re- certify the corrected record. In all instances of editing, the AOBRD must retain the original entries, and reflect the date, time, and name of the person making any edit. The motor carrier must also retain both the original and edited record of duty status. The Agency revises Question 2 of the Regulatory Guidance for Sec. 395.15 to address all of these issues. PART 395--HOURS OF SERVICE OF DRIVERS 0 Replace the text of Sec. 395.15 Question 2 with the following: ``Question 2: May entries made on an automatic on-board recording device (AOBRD) be annotated? Guidance: Yes. (1) Within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information. (2) The AOBRD must retain the original entries, and reflect the date and time of an edit, and name of the person making the edit. If the driver has already ``certified'' the entries for the duty period, he or she must re-certify the edited version, which must be transmitted to the carrier. (3) ``Driving time'' may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. Such time may be reassigned to the correct driver. (4) After reviewing incoming records, drivers' supervisors may request that a driver make edits to correct errors. The driver must accept or reject such requests and the AOBRD must record the transaction. If the driver annotates the record based on the request, he or she must re-submit and re-certify the corrected record.'' Issued on: September 25, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015-25135 Filed 10-1-15; 8:45 am] BILLING CODE 4910-EX-P
![59664 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
geographic features, station transmitter (e)(1) introductory text to read as accept or reject such requests. Driving
sites, cable system headend or satellite follows: time may not be edited except in the
carrier local receive facility locations, case of unidentified or team drivers, and
terrain features that would affect station § 76.66 Satellite broadcast signal carriage. when driving time was assigned to the
reception, mileage between the * * * * * wrong driver or no driver. All prior
community and the television station (d) * * * Agency interpretations and regulatory
transmitter site, transportation routes (6) Carriage after a market guidance on this subject, including
and any other evidence contributing to modification. Television broadcast memoranda and letters, may no longer
the scope of the market. stations that become eligible for be relied upon to the extent they are
(2) Noise-limited service contour mandatory carriage with respect to a inconsistent with this guidance.
maps (for full-power digital stations) or satellite carrier (pursuant to § 76.66) due DATES: This regulatory guidance is
protected contour maps (for Class A and to a change in the market definition (by effective October 2, 2015.
low power television stations) operation of a market modification
FOR FURTHER INFORMATION CONTACT: Mr.
delineating the station’s technical pursuant to § 76.59) may, within 30
Thomas Yager, Chief, Driver and Carrier
service area and showing the location of days of the effective date of the new
Operations Division, Federal Motor
the cable system headends or satellite definition, elect retransmission consent
Carrier Safety Administration, U.S.
carrier local receive facilities and or mandatory carriage with respect to
Department of Transportation, 1200
communities in relation to the service such carrier. A satellite carrier shall
New Jersey Avenue SE., Washington,
areas. commence carriage within 90 days of
DC 20590, phone (202) 366–4325, email
Note to paragraph (b)(2): Service area
receiving the carriage election from the
MCPSD@dot.gov.
maps using Longley-Rice (version 1.2.2) television broadcast station. The
election must be made in accordance SUPPLEMENTARY INFORMATION:
propagation curves may also be included to
support a technical service exhibit. with the requirements in paragraph Legal Basis
(d)(1) of this section.
* * * * * (e) Market definitions. (1) A local The Motor Carrier Safety Act of 1984
(5) Cable system or satellite carrier market, in the case of both commercial (Pub. L. 98–554, Title II, 98 Stat. 2832,
channel line-up cards or other exhibits and noncommercial television broadcast October 30, 1984) (1984 Act), as
establishing historic carriage, such as stations, is the designated market area in amended (codified at 49 U.S.C.
television guide listings. which a station is located, unless such 31136(a)) authorizes the Secretary of
(6) Published audience data for the market is amended pursuant to § 76.59, Transportation to regulate commercial
relevant station showing its average all and motor vehicles (CMVs) and equipment,
day audience (i.e., the reported and the drivers and motor carriers that
audience averaged over Sunday– * * * * * operate them. Section 211 of the 1984
[FR Doc. 2015–24999 Filed 10–1–15; 8:45 am]
Saturday, 7 a.m.–1 a.m., or an Act also gives the Secretary broad power
BILLING CODE 6712–01–P
equivalent time period) for both to ‘‘prescribe recordkeeping and
multichannel video programming reporting requirements’’ and to
distributor (MVPD) and non-MVPD ‘‘perform other acts the Secretary
households or other specific audience DEPARTMENT OF TRANSPORTATION considers appropriate’’ (49 U.S.C.
indicia, such as station advertising and 31133(a)(8) and (10)). The Administrator
Federal Motor Carrier Safety
sales data or viewer contribution of FMCSA has been delegated authority
Administration
records. under 49 CFR 1.87(f) to carry out the
(7) If applicable, a statement that the functions vested in the Secretary by 49
station is licensed to a community 49 CFR Part 395
U.S.C. chapter 311, subchapters I and
within the same state as the relevant Hours of Service for Drivers: III, relating to CMV programs and safety
community. Regulatory Guidance Concerning the regulation.
* * * * * Editing of Automatic On-Board Background
(d) A cable operator or satellite carrier Recording Device (AOBRD)
shall not delete from carriage the signal Information Motor carriers began to use automated
of a commercial television station hours-of-service (HOS) recording
during the pendency of any proceeding AGENCY: Federal Motor Carrier Safety devices in the mid-1980s to replace
pursuant to this section. Administration (FMCSA), DOT. paper records. The Federal Highway
(e) A market determination under this ACTION: Notice of regulatory guidance. Administration, the agency then
section shall not create additional responsible for the motor carrier safety
carriage obligations for a satellite carrier SUMMARY: FMCSA issues regulatory regulations, published a final rule in
if it is not technically and economically guidance concerning the editing of 1988 that defined Automatic On Board
feasible for such carrier to accomplish records created by automatic on-board Recording Devices (AOBRDs) and set
such carriage by means of its satellites recording devices (AOBRDs). The forth performance standards for their
in operation at the time of the guidance makes clear that, within use (53 FR 38670, September 30, 1988,
determination. certain limits, a driver must be allowed codified at 49 CFR 395.15).
(f) No modification of a commercial to review his or her AOBRD records, Question 2 of the regulatory guidance
television broadcast station’s local annotate and correct inaccurate records, for § 395.15 prohibits CMV drivers from
asabaliauskas on DSK5VPTVN1PROD with RULES
market pursuant to this section shall enter any missing information, and ‘‘amending’’ AOBRD records of duty
have any effect on the eligibility of certify the accuracy of the information. status (RODS) during a trip; the
households in the community affected The AOBRD must retain the original guidance was published on April 4,
by such modification to receive distant entries, and reflect the date, time, and 1997 (65 FR 16370, at 16426). The
signals from a satellite carrier pursuant name of the person making edits to the reason for the prohibition—‘‘If drivers,
to 47 U.S.C. 339. information. Drivers’ supervisors may who use automatic on-board recording
■ 5. Section 76.66 is amended by adding request that a driver make edits to devices, were allowed to amend their
paragraph (d)(6) and revising paragraph correct errors, but the driver must record of duty status while in transit,
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![Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59665
legitimate amendments could not be was assigned to the wrong driver or no DEPARTMENT OF COMMERCE
distinguished from falsifications’’—was driver. Such time may be reassigned to
to block a pathway for drivers to falsify the correct driver. Staff of the motor National Oceanic and Atmospheric
their electronic records. At the time the carrier or its electronic systems provider Administration
guidance was written, most AOBRD may request that a driver make edits to
systems required the driver to correct errors. The driver must accept or 50 CFR Part 622
physically deliver his or her electronic reject such requests and the AOBRD [Docket No. 100217095–2081–04]
HOS information to the motor carrier must record the transaction. If the driver
using removable media such as a data edits the record based on the request, he RIN 0648–XE217
disk. The Agency may have been or she must re-submit and re-certify the
concerned that some of those early Fisheries of the Caribbean, Gulf of
corrected record. Mexico, and South Atlantic; Reef Fish
AOBRD systems might not have
incorporated audit trails into their In all instances of editing, the AOBRD Fishery of the Gulf of Mexico; 2015
software. must retain the original entries, and Recreational Accountability Measure
Over 25 years have passed since the reflect the date, time, and name of the and Closure for Red Grouper
AOBRD rule was published. Many person making any edit. The motor
AGENCY: National Marine Fisheries
systems now allow electronic transfer of carrier must also retain both the original
Service (NMFS), National Oceanic and
data from in-cab units to a support and edited record of duty status.
Atmospheric Administration (NOAA),
system. Thousands of motor carriers and The Agency revises Question 2 of the Commerce.
hundreds of thousands of drivers are Regulatory Guidance for § 395.15 to ACTION: Temporary rule; accountability
using HOS recording systems that far address all of these issues. measures.
exceed the minimum performance
requirements for AOBRDs. Information PART 395—HOURS OF SERVICE OF SUMMARY: NMFS implements
technology systems can place very DRIVERS accountability measures (AMs) for the
precise controls over the data revision; red grouper recreational sector in the
e.g., specific data elements can be ■ Replace the text of § 395.15 Question exclusive economic zone (EEZ) of the
‘‘locked’’ to prevent any revision once 2 with the following: Gulf of Mexico (Gulf) for the 2015
an entry has been made. They also fishing year through this temporary rule.
routinely incorporate audit trails to ‘‘Question 2: May entries made on an
automatic on-board recording device NMFS projects the recreational sector
indicate who revised data that was will reach the recreational annual catch
originally entered, when the revision (AOBRD) be annotated?
limit (ACL) by October 7, 2015.
was made, and the reason for the Guidance: Yes. Therefore, the red grouper recreational
change. (1) Within certain limits, a driver sector in the Gulf EEZ will close at
FMCSA acknowledges that drivers 12:01 a.m., local time, October 8, 2015.
must be allowed to review his or her
need to be able to make legitimate This closure is necessary to protect the
AOBRD records, annotate and correct
corrections to their electronic AOBRD Gulf red grouper resource.
inaccurate records, enter any missing
records. For example, if a driver
information, and certify the accuracy of DATES: The recreational sector closure
erroneously enters ‘‘off duty’’ when he
the information. for red grouper in the Gulf EEZ is
or she actually is on duty/not driving,
(2) The AOBRD must retain the effective at 12:01 a.m., local time,
and realizes this error later, under
current guidance the driver would have original entries, and reflect the date and October 8, 2015, until January 1, 2016.
to relay this information to a time of an edit, and name of the person FOR FURTHER INFORMATION CONTACT: Rich
supervisory motor carrier official, and making the edit. If the driver has already Malinowski, NMFS Southeast Regional
that official would need to edit the ‘‘certified’’ the entries for the duty Office, telephone: 727–824–5305, email:
driver’s record. In another example, a period, he or she must re-certify the rich.malinowski@noaa.gov.
driver might need to enter on-duty edited version, which must be SUPPLEMENTARY INFORMATION: The reef
activity performed when the driver was transmitted to the carrier. fish fishery of the Gulf, which includes
away from the CMV. red grouper, is managed under the
(3) ‘‘Driving time’’ may not be edited
With the steady increase in CMV Fishery Management Plan for the Reef
except in the case of unidentified or
drivers using AOBRDs, and the ability Fish Resources of the Gulf of Mexico
team drivers, and when driving time
of software to note edits without (FMP). The FMP was prepared by the
was assigned to the wrong driver or no
deleting the original record, the need for Gulf of Mexico Fishery Management
driver. Such time may be reassigned to
a driver to make this request through Council and is implemented by NMFS
the correct driver.
another party is no longer necessary and through regulations at 50 CFR part 622
is becoming increasing less viable. (4) After reviewing incoming records, under the authority of the Magnuson-
Therefore, as long as the AOBRD record drivers’ supervisors may request that a Stevens Fishery Conservation and
reflects both the original entry and the driver make edits to correct errors. The Management Act (Magnuson-Stevens
revised entry, along with information on driver must accept or reject such Act). All weights specified in this rule
who made the revision, the date and requests and the AOBRD must record are in gutted weight.
time, and the reason (in the Remarks the transaction. If the driver annotates In accordance with regulations at 50
sections, see current Question 2 to the record based on the request, he or CFR 622.41(e)(2)(i), if red grouper
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 395.15), FMCSA will now allow these she must re-submit and re-certify the recreational landings reach or are
edits. corrected record.’’ projected to reach the recreational ACL
However, FMCSA continues to Issued on: September 25, 2015. and without regard to overfished status,
prohibit drivers from editing records NMFS will close the red grouper
T.F. Scott Darling, III,
related to driving time, except in limited recreational sector in the Gulf EEZ for
circumstances. Driving time may not be Acting Administrator. the remainder of the fishing year by
edited except in the case of unidentified [FR Doc. 2015–25135 Filed 10–1–15; 8:45 am] filing a notification to that effect with
or team drivers, and when driving time BILLING CODE 4910–EX–P the Office of the Federal Register. The
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Document Created: 2015-12-15 08:44:39
Document Modified: 2015-12-15 08:44:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of regulatory guidance. | |
| Dates | This regulatory guidance is effective October 2, 2015. | |
| Contact | Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, phone (202) 366-4325, email [email protected] | |
| FR Citation | 80 FR 59664 |
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