[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18295-18298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 
<a href="/cdn-cgi/l/email-protection#1f70766d7e406c6a7d72766c6c7670715f70727d317a706f31787069"><span class="__cf_email__" data-cfemail="0e61677c6f517d7b6c63677d7d6761604e61636c206b617e20696178">[email protected]</span></a>, 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 
<a href="/cdn-cgi/l/email-protection#0260706b636c2c706d77766a6b677042666d762c656d74"><span class="__cf_email__" data-cfemail="bcdeced5ddd292ced3c9c8d4d5d9cefcd8d3c892dbd3ca">[email protected]</span></a>. 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


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