Notice of Regulatory Guidance: Automatic On-Board Recording Devices, 26868-26869 [2014-10822]
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26868
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Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
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NON–FEDERAL GOVERNMENT (NG)
FOOTNOTES
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NG55 In the bands 11.7–12.2 GHz
(space-to-Earth) and 14.0–14.5 GHz
(Earth-to-space), Earth Stations on
Vessels (ESV), Vehicle-Mounted Earth
Stations (VMES), and Earth Stations
Aboard Aircraft (ESAA) as regulated
under 47 CFR part 25 are applications
of the fixed-satellite service and may be
authorized to communicate with
geostationary satellites in the fixedsatellite service on a primary basis.
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PART 25—SATELLITE
COMMUNICATIONS
3. The authority citation for part 25
continues to read as follows:
■
Authority: Interprets or applies sections 4,
301, 302, 303, 307, 309, 319, 332, 705 and
721 of the Communications Act as amended,
47 U.S.C. 154, 301, 302, 303, 307, 309, 319,
332, 605 and 721, unless otherwise noted.
4. Amend § 25.103 by revising the
definition of ‘‘Earth Stations Aboard
Aircraft (ESAA)’’ to read as follows:
■
§ 25.103
Definitions.
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Earth Stations Aboard Aircraft
(ESAA). Earth stations operating aboard
aircraft that receive from and transmit to
geostationary-orbit Fixed-Satellite
Service space stations pursuant to the
requirements in § 25.227.
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■ 5. Amend § 25.227 by revising
paragraphs (a)(14), (b)(1)(iii)(A), (b)(2)(i),
and the second to last sentence of
paragraph (b)(3)(i) to read as follows:
emcdonald on DSK67QTVN1PROD with RULES
§ 25.227 Blanket Licensing provisions for
Earth Stations Aboard Aircraft (ESAAs)
receiving in the 10.95–11.2 GHz (space-toEarth), 11.45–11.7 GHz (space-to-Earth), and
11.7–12.2 GHz (space-to-Earth) frequency
bands and transmitting in the 14.0–14.5 GHz
(Earth-to-space) frequency band, operating
with Geostationary Satellites in the FixedSatellite Service.
(a) * * *
(14) All ESAA terminals operated in
U.S. airspace, whether on U.S.registered civil aircraft or non-U.S.registered civil aircraft, must be licensed
by the Commission. All ESAA terminals
on U.S.-registered civil aircraft
operating outside of U.S. airspace must
be licensed by the Commission, except
as provided by section 303(t) of the
Communications Act.
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(b) * * *
(1) * * *
VerDate Mar<15>2010
16:04 May 09, 2014
Jkt 232001
(iii) * * *
(A) Demonstrate that the total tracking
error budget of their antenna is within
0.2° or less between the orbital location
of the target satellite and the axis of the
main lobe of the ESAA antenna. As part
of the engineering analysis, the ESAA
applicant must show that the antenna
pointing error is within three sigma (,)
from the mean value, i.e., that there is
a 0.997 probability the antenna
maintains a pointing error within 0.2°;
and
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(2) * * *
(i) A statement from the target satellite
operator certifying that the proposed
operation of the ESAA has the potential
to create harmful interference to satellite
networks adjacent to the target
satellite(s) that may be unacceptable.
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(3) * * *
(i) * * * The ESAA applicant also
shall provide a detailed showing that
one or more transmitters are capable of
automatically ceasing or reducing
emissions within 100 milliseconds of
receiving a command from the system’s
network control and monitoring center
that the aggregate off-axis EIRP spectraldensities of the transmitter or
transmitters exceed the off-axis EIRPdensity limits specified in paragraph
(a)(3)(i) of this section. * * *
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[FR Doc. 2014–10876 Filed 5–9–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
Notice of Regulatory Guidance:
Automatic On-Board Recording
Devices
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
AGENCY:
FMCSA issues regulatory
guidance on two issues involving
roadside inspection of commercial
motor vehicles (CMVs) equipped with
automatic on-board recording devices
(AOBRDs) to assist drivers with hoursof-service (HOS) recordkeeping and
compliance. All prior Agency
interpretations and regulatory guidance,
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 May 12, 2014.
SUMMARY:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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:
FOR FURTHER INFORMATION CONTACT:
Legal Basis
The Motor Carrier Safety Act of 1984
(Pub. L. 98–554, Title II, 98 Stat. 2832,
October 30, 1984) (the 1984 Act)
authorizes the Secretary of
Transportation to regulate CMVs and
equipment, and the drivers and motor
carriers that operate them 49 U.S.C.
31136(a)]. 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
HOS recording devices in the mid-1980s
to replace paper records. The Federal
Highway Administration, the agency at
that time responsible for motor carrier
safety regulations, published a final rule
in 1988 that defined AOBRDs and set
forth performance standards for their
use (53 FR 38670, September 30, 1988).
AOBRD Display, Recording, and
Printing Requirements
FMCSA has been informed that
inspection officials sometimes request
drivers to provide printouts from
AOBRDs, or to email or fax records of
duty status (RODS) to an enforcement
official. The Agency has also been
advised that, in some cases, inspection
officials have issued citations to CMV
drivers because their AOBRDs did not
display certain information.
The Federal Motor Carrier Safety
Regulations (FMCSRs) have never
required AOBRDs to be capable of
providing printed records at the
roadside, although a driver may
voluntarily do so if his/her AOBRD has
that capability. Such printed
information must meet the display
requirements of § 395.15.
The AOBRD requirements for
recording—but not displaying—
information reflect mid-1980s
information technology. These
requirements were developed when
small electronic displays were relatively
E:\FR\FM\12MYR1.SGM
12MYR1
Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations
uncommon and costly, and the amount
and type of information they could
display were limited. The earliest
displays could show only text, not
graphics—hence the requirement for the
‘‘time and sequence of duty status’’
rather than the § 395.8 graph grid. The
additional information that is recorded
but not displayed is intended for use
during an audit of the carrier’s HOS
records.
Regulatory Guidance
FMCSA amends the April 4, 1997,
publication to add questions 5 and 6
production of records during a roadside
inspection.
PART 395—HOURS OF SERVICE OF
DRIVERS
emcdonald on DSK67QTVN1PROD with RULES
Add § 395.15 Questions 5 and 6, to
read as follows:
Question 5: What information is
required to be displayed on the AOBRD?
VerDate Mar<15>2010
16:04 May 09, 2014
Jkt 232001
Guidance:
(1) Section 395.15(i)(5) requires that
AOBRDs with electronic displays must
be capable of displaying the following:
‘‘(i) Driver’s total hours of driving today;
(ii) The total hours on duty today; (iii)
Total miles driving today; (iv) Total
hours on duty for the 7 consecutive day
period, including today; (v) Total hours
on duty for the prior 8 consecutive day
period, including the present day; and
(vi) The sequential changes in duty
status and the times the changes
occurred for each driver using the
device.’’
(2) While § 395.15(c) requires
additional information be recorded by
the AOBRD, only the specific
information listed in § 395.15(i)(5) must
be displayed.
(3) The two provisions differ because
of the data display limitations of a
minimally compliant AOBRD.
PO 00000
Frm 00041
Fmt 4700
Sfmt 9990
26869
Question 6: Must an AOBRD be
capable of providing a hardcopy
printout?
Guidance: No, the FMCSRs do not
require AOBRDs to provide a hardcopy
printout for an enforcement official. As
long as the information made available
for display on the AOBRD meets the
requirements of § 395.15(i)(5), the driver
and motor carrier are not required to
provide additional RODS
documentation to an enforcement
official at the roadside. However, an
enforcement official may request that
additional information be provided by
email, fax, or similar means within 48
hours for follow-up after the conclusion
of the roadside inspection.
Issued on: April 28, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–10822 Filed 5–9–14; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26868-26869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10822]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
Notice of Regulatory Guidance: Automatic On-Board Recording
Devices
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
-----------------------------------------------------------------------
SUMMARY: FMCSA issues regulatory guidance on two issues involving
roadside inspection of commercial motor vehicles (CMVs) equipped with
automatic on-board recording devices (AOBRDs) to assist drivers with
hours-of-service (HOS) recordkeeping and compliance. All prior Agency
interpretations and regulatory guidance, 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 May 12, 2014.
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) (the 1984 Act) authorizes the Secretary
of Transportation to regulate CMVs and equipment, and the drivers and
motor carriers that operate them 49 U.S.C. 31136(a)]. 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 HOS recording devices in the
mid-1980s to replace paper records. The Federal Highway Administration,
the agency at that time responsible for motor carrier safety
regulations, published a final rule in 1988 that defined AOBRDs and set
forth performance standards for their use (53 FR 38670, September 30,
1988).
AOBRD Display, Recording, and Printing Requirements
FMCSA has been informed that inspection officials sometimes request
drivers to provide printouts from AOBRDs, or to email or fax records of
duty status (RODS) to an enforcement official. The Agency has also been
advised that, in some cases, inspection officials have issued citations
to CMV drivers because their AOBRDs did not display certain
information.
The Federal Motor Carrier Safety Regulations (FMCSRs) have never
required AOBRDs to be capable of providing printed records at the
roadside, although a driver may voluntarily do so if his/her AOBRD has
that capability. Such printed information must meet the display
requirements of Sec. 395.15.
The AOBRD requirements for recording--but not displaying--
information reflect mid-1980s information technology. These
requirements were developed when small electronic displays were
relatively
[[Page 26869]]
uncommon and costly, and the amount and type of information they could
display were limited. The earliest displays could show only text, not
graphics--hence the requirement for the ``time and sequence of duty
status'' rather than the Sec. 395.8 graph grid. The additional
information that is recorded but not displayed is intended for use
during an audit of the carrier's HOS records.
Regulatory Guidance
FMCSA amends the April 4, 1997, publication to add questions 5 and
6 production of records during a roadside inspection.
PART 395--HOURS OF SERVICE OF DRIVERS
Add Sec. 395.15 Questions 5 and 6, to read as follows:
Question 5: What information is required to be displayed on the
AOBRD?
Guidance:
(1) Section 395.15(i)(5) requires that AOBRDs with electronic
displays must be capable of displaying the following: ``(i) Driver's
total hours of driving today; (ii) The total hours on duty today; (iii)
Total miles driving today; (iv) Total hours on duty for the 7
consecutive day period, including today; (v) Total hours on duty for
the prior 8 consecutive day period, including the present day; and (vi)
The sequential changes in duty status and the times the changes
occurred for each driver using the device.''
(2) While Sec. 395.15(c) requires additional information be
recorded by the AOBRD, only the specific information listed in Sec.
395.15(i)(5) must be displayed.
(3) The two provisions differ because of the data display
limitations of a minimally compliant AOBRD.
Question 6: Must an AOBRD be capable of providing a hardcopy
printout?
Guidance: No, the FMCSRs do not require AOBRDs to provide a
hardcopy printout for an enforcement official. As long as the
information made available for display on the AOBRD meets the
requirements of Sec. 395.15(i)(5), the driver and motor carrier are
not required to provide additional RODS documentation to an enforcement
official at the roadside. However, an enforcement official may request
that additional information be provided by email, fax, or similar means
within 48 hours for follow-up after the conclusion of the roadside
inspection.
Issued on: April 28, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-10822 Filed 5-9-14; 8:45 am]
BILLING CODE 4910-EX-P
