Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Proposed Rules 8957 

process requires that certain types of 

documents be tabbed for easy identification. 

Any tabs removed during the research and 

copying must be replaced. 

3. The researcher will mark the documents 

that he or she wants to copy using Post-It 

Notes or WNRC Reproduction Tabs. 

4. Any notes taken during the review 

process must be given to the WNRC staff for 

transmittal to the Declassification Branch. 

5. When documents are being copied, a 

DoD/WHS/declassification and historical 

research branch staff member must be 

present at all times. In agreeing to permit the 

copying of documents from OSD classified 

files at the WNRC, the WNRC is requiring 

that the Declassification and Historical 

Research Branch be held solely responsible 

for the copying process. The staff member is 

only there to monitor the copying and ensure 

that all records management and security 

procedures are followed. 

6. The Declassification and Historical 

Research Branch will supply the copier and 

toner cartridge. 

7. The researcher will need to bring paper, 

staples, staple remover, stapler, and Post-It 

Notes. 

8. When the researcher completes the 

review of the boxes, he or she must contact 

the Declassification and Historical Research 

Branch to establish a final schedule for 

copying the needed documents. 

9. The documents must be given to the 

Declassification and Historical Research 

Branch staff member for transmittal to the 

Declassification and Historical Research 

Branch Office for processing. 

10. When the documents are ready to be 

picked up or mailed, the Declassification and 

Historical Research Branch will notify the 

office. 

11. All questions pertaining to the review, 

copying, or transmittal of OSD documents 

must be addressed to the OSD action officer. 

12. The WNRC staff can only answer 

questions regarding the use of their facility. 

Dated: February 15, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, DoD. 

[FR Doc. E7–3021 Filed 2–27–07; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 350, 385, 395, and 396 

[DOT Docket No. FMCSA–2004–18940] 

RIN 2126–AA89 

Electronic On-Board Recorders 

(EOBRs) for Documenting Hours of 

Service; Listening Session 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session. 

SUMMARY: The FMCSA announces a 

public listening session to obtain 

feedback from interested parties on the 

Agency’s January 18, 2007, notice of 

proposed rulemaking (NPRM) to 

establish new performance standards for 

EOBRs, require the use of these devices 

by certain motor carriers, and to provide 

incentives for the voluntary use of such 

devices by the industry. The listening 

session will provide all interested 

parties with an opportunity to share 

their views on the Agency’s EOBR 

rulemaking. All oral comments will be 

transcribed and placed in the public 

docket identified at the beginning of this 

notice. 

DATES: The listening session will be 

held on March 12, 2007, from 9:30 a.m. 

to 4:30 p.m. Individuals who wish to 

make a formal presentation should 

contact Ms. Deborah Freund at 202–

366–4009 or e-mail her at 

deborah.freund@dot.gov no later than 5 

p.m., e.t., March 8, 2007. 

ADDRESSES: The meeting will be held in 

Room 2230, Nassif Building, DOT 

Headquarters, 400 Seventh Street, SW., 

Washington, DC 20590. You may also 

submit comments to the DOT Docket 

Management System (DMS), referencing 

Docket Number FMCSA–2004–18940, 

using any of the following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the Agency name and docket 

number or Regulatory Identification 

Number (RIN 2126–AA89) for this 

rulemaking. Note that all comments 

received will be posted without change 

to http://dms.dot.gov including any 

personal information provided. For 

additional information on submitting 

comments, see the Supplemental 

Information section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Ms 

Deborah M. Freund, Senior 

Transportation Specialist, Vehicle and 

Roadside Operations Division, FMCSA, 

(202) 366–4009, 400 Seventh Street, 

SW., Washington, DC 20590. Office 

hours are from 7:45 a.m. to 4:15 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

Information on Services for 

Individuals with Disabilities: For 

information on facilities or services for 

individuals with disabilities or to 

request special assistance at the 

meeting, contact Deborah Freund at 

202–366–4009. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 18, 2007 (72 FR 2340), 

FMCSA published an NPRM to amend 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) to incorporate 

new performance standards for 

electronic on-board recorders (EOBRs) 

installed in commercial motor vehicles 

(CMVs) manufactured on or after the 

date 2 years following the effective date 

of the final rule. On-board hours-ofservice recording devices meeting 

FMCSA’s current requirements and 

voluntarily installed in CMVs 

manufactured before the 

implementation date of a final rule may 

continue to be used for the remainder of 

the service life of those CMVs. 

Under the proposal, motor carriers 

that have demonstrated a history of 

serious noncompliance with the hoursof-service (HOS) rules would be subject 

to mandatory installation of EOBRs 

meeting the new performance standards. 

If FMCSA determined, based on HOS 

records reviewed during each of two 

compliance reviews conducted within a 

2-year period, that a motor carrier had 

a 10 percent or greater violation rate 

(‘‘pattern violation’’) for any regulation 

in proposed Appendix C to part 385, 

FMCSA would issue the carrier an 

EOBR remedial directive. The motor 


erjones on PRODPC74 with PROPOSALS
8958 Federal Register / Vol. 72, No. 39 / Wednesday, February 28, 2007 / Proposed Rules 

carrier would be required to install 

EOBRs in all of its CMVs regardless of 

their date of manufacture. The motor 

carrier would have to use the devices for 

HOS recordkeeping for a period of 2 

years, unless: (1) the carrier already had 

equipped its vehicles with automatic 

on-board recording devices (AOBRDs) 

meeting the Agency’s current 

requirements under 49 CFR 395.15 and 

(2) could demonstrate to FMCSA that its 

drivers understood how to use the 

devices. 

The FMCSA also proposed changes to 

the safety fitness standard that would 

require these carriers, i.e., those with a 

pattern of violations, to install, use, and 

maintain EOBRs in order to meet the 

new standard. Finally, the Agency 

would encourage industry-wide use of 

EOBRs by providing the following 

incentives for motor carriers to 

voluntarily use EOBRs in their CMVs: 

(1) Revise the Agency’s compliance 

review procedures to permit 

examination of a random sample of 

drivers’ records of duty status; (2) 

provide partial relief from HOS 

supporting documents requirements, if 

certain conditions are satisfied; and (3) 

offer other potential incentives made 

possible by the inherent safety and 

driver health benefits of EOBR 

technology. 

Purpose of the Listening Session 

The FMCSA is committed to 

providing all interested parties an 

opportunity to discuss their 

perspectives on the pertinent issues that 

could affect any potential rulemaking 

changes. The Agency expects to receive 

numerous comments in response to its 

EOBR NPRM but believes additional 

information could be obtained through 

this listening session. The Agency is 

planning to hold two additional 

listening sessions on this rulemaking in 

the near future. A Federal Register 

notice announcing the dates and 

locations of the meetings will be 

published in advance. 

Participants in the listening session 

will be given the opportunity to submit 

questions that they would like to hear 

discussed by others in attendance. 

Participants are discouraged from 

reading prepared statements. 

Individuals who wish to submit written 

comments or statements should submit 

the information to the public docket 

identified at the beginning of this 

notice. Those who desire notification of 

receipt of comments must include a selfaddressed, stamped envelope or 

postcard. Comments made during the 

meeting will be transcribed to preserve 

an accurate record of the discussion. 

Meeting Information 

The meeting will be held from 9:30 

a.m. to 4:30 p.m., e.t., on Monday, 

March 12, 2007, in Room 2230, Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC. Because access to the 

DOT building is controlled, all visitors 

must sign in with the security office 

located at the southwest entrance of the 

building, present identification with a 

picture on it, be escorted, and wear a 

visitor’s badge at all times while in the 

building. 

Individuals who wish to make a 

formal presentation should contact Ms. 

Deborah Freund at 202–366–4009 or email her at deborah.freund@dot.gov no 

later than 5 p.m., e.t., on March 8, 2007, 

to ensure that sufficient time is allotted 

for the presentation and to identify any 

audio-visual equipment needed for the 

presentation. 

Individuals who are unable to attend 

the meeting may submit written 

comments to the docket identified at the 

beginning of this notice by April 18, 

2007, the closing date for comments to 

the January 18, 2007, NPRM on EOBRs. 

Issued on: February 21, 2007. 

Rose A. McMurray, 

Assistant Administrator, Chief Safety Officer. 

[FR Doc. E7–3451 Filed 2–27–07; 8:45 am] 

BILLING CODE 4910–EX–P 


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