55488 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

1Companies and organizations submitting the 

petition included Qualcomm Enterprise Services, 

PeopleNet, XATA Corporation, Continental 

Corporation, American Trucking Associations, 

American Bus Association, Commercial Vehicle 

Safety Alliance, National Private Truck Council, 

and United Motorcoach Association. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 1, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–22764 Filed 9–10–10; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385 and 395 

[Docket No. FMCSA–2004–18940] 

RIN 2126–AA89 

Electronic On-Board Recorders for 

Hours-of-Service Compliance 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule; Technical 

amendments and response to petitions 

for reconsideration. 

SUMMARY: FMCSA amends its April 5, 

2010, final rule that established new 

performance standards for electronic onboard recorders (EOBRs) installed in 

commercial motor vehicles (CMVs). In 

response to petitions for reconsideration 

from Qualcomm Incorporated, XATA 

Corporation, and a group of industry 

stakeholders, FMCSA amends 

requirements relating to the temperature 

range in which EOBRs must be able to 

operate, and the connector type 

specified for the Universal Serial Bus 

(USB) interface. 

DATES: The amendments in this final 

rule become effective September 13, 

2010. 

ADDRESSES: Public Access to the Docket: 

You may view, print, and download this 

final rule and all related documents and 

background material on-line at http:// 

www.regulations.gov, using the Docket 

ID Number FMCSA–2004–18940. These 

documents can also be examined and 

copied for a fee at the U.S. Department 

of Transportation, Docket Operations, 

West Building–Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

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

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah M. Freund, Vehicle and 

Roadside Operations Division, Office of 

Bus and Truck Standards and 

Operations (MC–PSV), Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590; telephone (202) 366–4325. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The legal basis of the April 2010 final 

rule is also applicable to this final rule. 

See 75 FR 17208–17252, April 5, 2010. 

Background 

The FMCSA was notified about two 

technical errors in the April 5, 2010, 

‘‘Electronic On-board Recorders for 

Hours of Service Compliance’’ final rule. 

(75 FR 17208). The FMCSA also 

received several petitions for 

reconsideration of the final rule that are 

discussed further in this final rule. 

Technical Corrections 

(1) The first sentence in § 385.807(a) 

currently reads ‘‘Following the close of 

the compliance review described in 

§ 385.805(a), FMCSA will issue the 

motor carrier a written notice of 

remedial directive and proposed 

determination of unfitness.’’ The 

regulatory citation should read 

‘‘§ 385.805,’’ not ‘‘§ 385.805(a)’’ 

(2) Section 385.815(e) currently reads 

‘‘The exemption granted under this 

section shall not apply to CMVs 

manufactured on or after the date 2 

years from the effective date of this 

rule.’’ The effective date referenced 

should be June 4, 2012, as is stated 

elsewhere in the final rule. 

Petitions for Reconsideration 

FMCSA received petitions for 

reconsideration, timely filed, from 

Qualcomm Incorporated (Qualcomm), 

XATA Corporation (XATA), and a group 

of industry stakeholders, including the 

American Trucking Associations’ 

Technology & Maintenance Council 

(TMC) EOBR Task Force 1

(Stakeholders). Qualcomm and 

Stakeholders requested that FMCSA 

reconsider the final rule’s requirements 

for (1) the temperature range in which 

EOBRs must be able to operate, and (2) 

the connector type specified for the USB 

interface. XATA’s petition covered the 

same matters as those of Qualcomm and 

Stakeholders, but further requested that 

FMCSA (1) clarify certain reportable 

events in the diagnostic table, and (2) 

consider offering an additional 

alternative for the data transfer between 

an EOBR and a roadside safety official’s 

portable computer. FMCSA met with 

the stakeholders on June 2, 2010 (a list 

of the attendees and a summary of the 

meeting has been placed in the docket) 

in response to their request for an 

opportunity to present their concerns in 

person. 

A discussion of each of the 

petitioner’s issues, followed by the 

Agency’s assessment and decision, 

follows. 

Operating Temperature Range 

On January 18, 2007 (72 FR 2340), 

FMCSA published a notice of proposed 

rulemaking (NPRM) that proposed to 

amend the Federal Motor Carrier Safety 

Regulations to incorporate new 

performance standards for EOBRs. 

Among other things, the NPRM 

proposed to require an EOBR to be able 

to operate in temperatures ranging from 

¥20 °F to 120 °F (¥29 °C to 49 °C) (72 

FR 2340, at 2393). 

In comments to the docket, 

International Truck and Engine 

Corporation stated ‘‘Typical industry 

standards for commercial vehicles (See 

Society of Automotive Engineers (SAE) 

recommended practice J1455, ‘‘Surface 

Vehicle Recommended Practice: 

Recommended Environmental Practices 

for Electronic Equipment Design in 

Heavy-Duty Vehicle Applications’’) 

exceed the minimum requirements 

stated for operating temperature. 

Interior spaces are rated from¥40 

degrees C to +85 degrees C. 

International notes that under the 

minimum temperature specification 

there will be occasions where the EOBR 

may not operate until the vehicle 

interior is heated (or cooled) to the 

operating temperature given.’’ 

Qualcomm stated ‘‘We recommend that 

environmental requirements defer to 

industry standards for comparable 

equipment and not be specified in this 

regulation. Specifically, SAE standard 

J1455—Recommended Environmental 

Practices for Electronic Equipment 

Design in Heavy-Duty Vehicle 

Applications should be referenced.’’ 

TMC offered a similar comment in a 

Technical Policy Advisory submitted to 

the docket: ‘‘The environmental factors 

should be based on industry standards 

for similar types of equipment.’’ 

In the April 2010 final rule, FMCSA 

revised the EOBR operating temperature 

range to ¥40 °C to 85 °C (¥40 °F to 185 

°F). (75 FR 17208, at 17232). In doing so, 

the Agency referred to the detailed 

discussion in Section 5.2 of the SAE 

standard, which addresses temperature 

ranges in the forward interior of the 

vehicle, an area that includes the floor, 

instrument panel, and headliner. The 

instrument panel, discussed in Section 

5.2.1, ‘‘includes the top of the dashboard 


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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55489 

2The SAE standard notes that components on the 

top surface of the instrument panel experience a 

greater heat buildup when closed vehicles are 

parked in the bright sun. Heat radiated, incident 

sunlight, and re-radiated energy from the 

windshield can cause the temperature to build up 

to 115 °C (240 °F) in this region. 

and the near vertical section carrying 

the instruments and steering wheel.’’ 

The applicable design guidelines for 

this area, shown in Table 5 of the SAE 

standard, include a nominal 

temperature range of ¥40 °C to 85 °C 

(¥40 °F to 185 °F), and a top surface 

temperature of ¥40 °C to 115 °C (¥40 

°F to 240 °F).2

In the April 2010 final rule, the 

Agency adopted the nominal 

temperature range of ¥40 °C to 85 °C 

(¥40 °F to 185 °F) based on the SAE 

standard. Qualcomm, Stakeholders, and 

XATA all addressed the operating 

temperature range in their petitions for 

reconsideration. Qualcomm’s 

description of its concern was 

representative. Qualcomm stated the 

final rule’s EOBR temperature operating 

range, ¥40 °C to 85 °C, (40 °F to 185 

°F), is beyond the range of the leading 

commercially-available systems today. 

Qualcomm noted that off-the-shelf 

telematics and on-board recorder 

systems are typically designed for ¥20 

°C to 60 °C (¥4 °F to 140 °F), and that 

it would require significant added 

technical features and costs in such 

devices to meet the requirements of the 

new regulation. Qualcomm also stated 

that it has been providing on-board 

computer systems to trucking 

companies operating throughout the 

United States and Canada for over 20 

years, and that its units have not 

experienced any significant degradation 

in performance due to extreme weather 

conditions. Qualcomm added that its 

devices typically support a temperature 

operating range of ¥30 °C to 70 °C, 

(¥22 °F to 158 °F), although some 

components of wireless 

communications systems are specified 

to operate in a ¥20 °C to 60 °C (¥4 °F 

to 140 °F) range. During the June 2, 2010 

meeting, the industry participants 

elaborated on the technical rationale for 

their statements and recommendation. 

Among other things, they noted that the 

operating temperature range is 

particularly important for the proper 

operation of displays, batteries, and the 

hardware components to support the 

Institute of Electrical and Electronics 

Engineers (IEEE) 802.11 wireless 

communications requirement. 

Agency’s Assessment and Decision 

The ¥40 °C to 85 °C (¥40 °F to 

185 °F) operating temperature range 

requirement established in the April 

2010 final rule was adopted based upon 

the Agency’s review of the SAE 

standard referenced above. However, it 

is not the Agency’s intention to require 

an EOBR to be so rugged that it is 

operable at extreme temperatures that 

will not realistically be seen in a truck’s 

normal operating environment. As 

noted earlier, the Agency believes that 

drivers will be heating or cooling the 

cab to more reasonable temperatures 

prior to driving. 

The petitioners note that there will be 

significant additional costs and 

transitional time delays associated with 

the production of EOBRs that are 

compliant with the operating 

temperature range specified in the April 

2010 final rule. The Agency does not 

believe that the cost increases and time 

delays associated with producing 

EOBRs that comply with the 

temperature range specified in the April 

2010 rule are commensurate with any 

potential benefits that might be derived 

from operability of EOBRs at these 

extreme temperatures. 

For these reasons, FMCSA amends 

Appendix A of § 395.16 to delete the 

requirement for a specific operating 

temperature range. 

USB Connector 

In the 2007 NPRM, FMCSA proposed 

to require that EOBRs be capable of 

transferring records of duty status 

(RODS) using either the USB 2.0 or the 

RS–232 wired communication 

standards, as well as IEEE 802.11g or 

Bluetooth wireless communication 

standards. The NPRM did not specify 

the type of USB connector. 

Most of the comments received 

expressed a preference for wireless 

standards, rather than wired. Of those 

that addressed wired standards, the 

main concern was that the RS–232 

standard was outdated. No commenters 

addressed the type of USB connector. 

Based upon the best information 

available to the Agency at the time, the 

final rule requires (1) a single USB 

compliant interface featuring a Type B 

connector, and (2) that the USB 

interface must (a) comply with USB 

V1.1 and V2.0 USB signaling standards, 

and (b) implement the Mass Storage 

class (08h) for software driverless 

operation. 

All petitioners requested that FMCSA 

reconsider the requirement for a Type B 

connector. They noted that, although 

many EOBRs and related devices on the 

market support USB, these devices 

generally use a Type A connector. Very 

few, if any, EOBRs in the marketplace 

today would meet the final rule’s 

requirement, and there would be 

significant added costs to retrofit 

current units, or to replace them with 

new devices that are Type B connector 

compliant. The petitioners noted that if 

the regulation were to be amended to 

permit the use of Type A connectors, 

existing devices would be immediately 

compliant with this provision. 

Agency’s Assessment and Decision 

FMCSA amends Appendix A, 

Paragraph 2.2, to delete the requirement 

for a Type B connector, and replaces it 

with a requirement for a Type A 

connector. Although the Type B 

connector has sometimes been used to 

connect portable and handheld 

computing devices to printers, the Type 

A connector is much more appropriate 

for a computer-to-computer (or EOBRto-computer) communications interface. 

Fault Codes 

XATA requests that FMCSA more 

clearly define the frequency, duration, 

and availability for capture of five EOBR 

Diagnostic Event Codes listed in Table 

3 of Appendix A. Those codes are Low 

Voltage (LOWVLT), Battery Low 

(BATLOW), Communications Error 

(COMERR), Display Error (DYPERR), 

and Keyboard Error (KEYERR). The first 

two of these diagnostic events could 

occur when a vehicle is being started 

during cold weather, but would be 

resolved when the vehicle is warmed 

up. The third diagnostic events could 

occur when a CMV is operating in areas 

with limited cellular carrier coverage. 

[XATA notes that truckload motor 

carriers operate on irregular routes and 

in areas of the country where cellular 

communications coverage is sparse, and 

asks FMCSA to clarify how frequently 

gaps in coverage would have to occur to 

trigger an EOBR error report. [XATA is 

also concerned that the fourth and fifth 

diagnostic events, associated with 

malfunctions of the EOBR display and 

the keyboard or input device, are not 

sufficiently defined in the final rule to 

indicate what conditions needed to be 

reported.]] 

Agency’s Assessment and Decision 

FMCSA agrees with XATA that there 

is a need to clarify thresholds and 

frequencies for the diagnostic events 

that would trigger fault codes for these 

various conditions. The Agency is aware 

that CMVs are equipped with sensors to 

detect these diagnostic events, and that 

setting or adjusting the reporting 

thresholds would be accomplished 

though software revisions. In contrast, 

the resolution of the petitioners’ 

questions concerning the operating 

temperature range and the USB 

connector must be implemented 

through the EOBR hardware. Hardware 


srobinson on DSKHWCL6B1PROD with RULES
55490 Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 

changes (operating temperature range 

and USB connecter) take considerably 

more lead time to address than the 

software changes that are the subject of 

XATA’s request. Therefore, the Agency 

has determined that it would be more 

appropriate to consider the fault-code 

reporting thresholds during the 

implementation period prior to the June 

4, 2012 compliance date of the final 

rule. Prior to the compliance date the 

Agency will make a determination if it 

is necessary to have a separate 

rulemaking or other regulatory action to 

address this matter. 

Additional Data Transfer Options 

XATA recommended that FMCSA 

consider adding an additional option for 

EOBR data transfer that would use the 

internet or internet-enabled technology. 

XATA’s main concern is that this 

method would provide a longer-term 

solution than the wired and wireless 

methods specified in the final rule. 

Although this requested option would 

not take the place of the data transfer 

requirements specified in the April 2010 

final rule, it could provide an 

alternative method, although it would 

require safety officials to be trained and 

provided the appropriate 

communications hardware to take 

advantage of it. 

Agency’s Assessment and Decision 

FMSCA acknowledges the importance 

of using communications and datatransfer methods that are robust and 

have long-term implementability. The 

Agency is aware that some providers of 

EOBRs and support services currently 

use internet (Web) based storage and 

archiving of Hours of Service records. 

Unlike the fault-codes question, the 

resolution of this matter relates to the 

availability of communications 

hardware and software for roadside 

safety officials, rather than for the EOBR 

itself. The Agency will make a 

determination if it is necessary to have 

a separate rulemaking or other 

regulatory action to address this matter 

prior to the June 4, 2012 compliance 

date of the final rule. 

FMCSA has notified Qualcomm 

Incorporated, XATA Corporation, and 

the group of industry stakeholders of the 

disposition of their respective petitions. 

Copies of these letters have been placed 

in the docket. 

Rulemaking Analyses and Notices 

Administrative Procedure Act 

If an agency determines that the prior 

notice and opportunity for public 

comment on a rule normally required by 

the Administrative Procedure Act are 

impracticable, unnecessary, or contrary 

to the public interest (the so-called 

‘‘good cause’’ finding), it may publish 

the rule without providing such notice 

and opportunity for comment. (See 5 

U.S.C. 553 (b).) The amendments made 

by this final rule make changes to 

correct inadvertent errors and to 

respond to petitions for reconsideration. 

For these reasons, FMCSA finds good 

cause that notice and public comment 

are unnecessary. Further, the Agency 

finds good cause under 5 U.S.C. 553 (d) 

(3) to make the amendments effective 

upon publication. 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

FMCSA has determined that this 

action is not a significant regulatory 

action within the meaning of Executive 

Order 12866 or within the meaning of 

Department of Transportation regulatory 

policies and procedures. The Office of 

Management and Budget (OMB) did not 

review this document. We expect the 

final rule will have minimal costs; 

therefore, a full regulatory evaluation is 

unnecessary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354, 5 U.S.C. 601 et seq.), 

requires agencies to consider the impact 

of regulations on small businesses, 

small non-profit organizations, and 

small governmental jurisdictions, unless 

the Agency determines that a rule is not 

expected to have a significant economic 

impact on a substantial number of small 

entities (SEISNOSE). This rule will not 

have a SEISNOSE. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not impose an 

unfunded Federal mandate, as defined 

by the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1532, et seq.), that will 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $140.8 

million or more in any 1 year. 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

FMCSA analyzed this action under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. We determined 

that this rulemaking does not concern 

an environmental risk to health or safety 

that may disproportionately affect 

children. 

Executive Order 12630 (Taking of 

Private Property) 

This rulemaking will not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Executive Order 13132 (Federalism) 

FMCSA analyzed this rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132. We determined that this 

rulemaking does not create a substantial 

direct effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this action. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501–3520), a 

Federal Agency must consider the 

impact of paperwork and other 

information collection burdens imposed 

on the public. FMCSA has determined 

that no new information collection 

requirements are associated with the 

technical amendments to this final rule. 

National Environmental Policy Act 

FMCSA analyzed this final rule for 

the purpose of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and determined 

under our environmental procedures 

Order 5610.1 the National 

Environmental Policy Act Implementing 

Procedures and Policy for Considering 

Environmental Impacts, published 

March 1, 2004 (69 FR 9680), that this 

action does not have any effect on the 

quality of the environment. Therefore, 

this final rule is categorically excluded 

from further analysis and 

documentation in an environmental 

assessment or environmental impact 

statement under FMCSA Order 5610.1, 

paragraph 6.x of Appendix 2. The CE 

under paragraph 6.x relates to 

regulations implementing procedures 

for the issuance, amendment, revision 


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Federal Register / Vol. 75, No. 176 / Monday, September 13, 2010 / Rules and Regulations 55491 

and rescission of Federal motor carrier 

regulations (e.g., the establishment of 

procedural rules that would provide 

general guidance on how the agency 

manages its notice-and-comment 

rulemaking proceedings, including the 

handling of petitions for rulemakings, 

waivers, exemptions, and 

reconsiderations, and how it manages 

delegations of authority to carry out 

certain rulemaking functions.). A 

Categorical Exclusion Determination is 

available for inspection or copying in 

the Regulations.gov website listed under 

ADDRESSES. 

FMCSA also analyzed this rule under 

the Clean Air Act, as amended (CAA), 

section 176(c) (42 U.S.C. 7401 et seq.), 

and implementing regulations 

promulgated by the Environmental 

Protection Agency. Approval of this 

action is exempt from the CAA’s general 

conformity requirement since it has no 

effect on the environment. 

Executive Order 13211 (Energy Effects) 

FMCSA analyzed this action under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We determined 

that it is not a ‘‘significant energy action’’ 

under that Executive Order because it is 

not economically significant and is not 

likely to have an adverse effect on the 

supply, distribution, or use of energy. 

List of Subjects 

49 CFR Part 385 

Administrative practice and 

procedure, Highway safety, Motor 

carriers, Motor vehicle safety, Reporting 

and recordkeeping. 

49 CFR Part 395 

Highway safety, Incorporation by 

reference, Motor carriers, Reporting and 

recordkeeping. 

■ In consideration of the foregoing, 

FMCSA amends title 49, Code of 

Federal Regulations, chapter III, as 

follows: 

PART 385—SAFETY FITNESS 

PROCEDURES 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 49 U.S.C. 113, 504, 521(b), 

5105(e), 5109, 13901–13905, 31133, 31135, 

31136, 31137(a), 31144, 31148, and 31502; 

Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub. 

L. 104–88; Sec. 350, Pub. L. 107–87; and 49 

CFR 1.73. 

■ 2. In § 385.807, revise paragraph (a) to 

read as follows: 

§ 385.807 Notice and issuance of remedial 

directive. 

(a) Following the close of the 

compliance review described in 

§ 385.805, FMCSA will issue the motor 

carrier a written notice of remedial 

directive and proposed determination of 

unfitness. FMCSA will issue the notice 

and proposed determination as soon as 

practicable, but not later than 30 days 

after the close of the review. 

* * * * * 

■ 3. In § 385.815, revise paragraph (e) to 

read as follows: 

§ 385.815 Exemption for AOBRD users. 

* * * * * 

(e) The exemption granted under this 

section shall not apply to CMVs 

manufactured on or after June 4, 2012. 

PART 395—HOURS OF SERVICE OF 

DRIVERS 

■ 4. The authority citation for part 395 

continues to read as follows: 

Authority: 49 U.S.C. 31133, 31136, 31151, 

and 31502; and 49 CFR 1.73. 

■ 5. In Appendix A to part 395: 

■ a. Revise paragraph 2.2, and 

■ b. Remove and reserve paragraph 

3.1.5.1 to read as follows: 

Appendix A to Part 395—Electronic 

On-Board Recorder Performance 

Specifications 

* * * * * 

2.2 Wired. EOBRs must be capable of 

transferring RODS using the ‘‘Universal Serial 

Bus Specification (Revision 2.0)’’ 

(incorporated by reference, see § 395.18). 

Each EOBR device must implement a single 

USB compliant interface featuring a Type A 

connector. The USB interface must 

implement the Mass Storage class (08h) for 

driverless operation. 

* * * * * 

3.1.5.1 [Reserved.] 

* * * * * 

Issued on: September 7, 2010. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–22736 Filed 9–10–10; 8:45 am] 

BILLING CODE 4910–EX–P 


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