Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (ELD) Registration, 18295-18298 [2015-07669]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices sidewalls, the vehicle’s Owner’s Manual which contains information pertaining to the various tire sizes and tire pressure for use on the affected vehicles, and BMW’s Roadside AssistanceTM program which is available 24 hours/day and provides representatives who have information on all available tire sizes and specifications for a given model and model year of BMW. BMW states its belief that all of the above listed sources would lead the driver to obtaining the correct recommended cold inflation pressure when attempting to inflate the tires mounted on their vehicle. For the subject vehicles containing both incorrect 49 CFR part 567 certification labels and incorrect FMVSS No. 110 tire information labels BMW states that the driver can use the labeling on the sidewall of the installed tires, the vehicle’s owner’s manual, and BMW Roadside AssistanceTM to determine the recommended cold inflation pressure for the tires installed on their vehicle. BMW also maintains that if a driver were to use the cold inflation pressure shown on the incorrect labels for the for 18-inch tires when inflating the 19-inch tires, that pressure would be sufficient to support vehicle loading. Their calculations using the MY 2015 X5 xDrive35i for example show that the determined load rating for two 19-inch tires inflated to the pressure meant for 18-inch tires is 1,572 kg. Because the front gross axle weight rating (GAWR) is 1,279 kg, BMW concludes that the 19inch tires would be adequately inflated. BMW also included calculations to demonstrate that the information on the certification labels is correct for the 18inch tires mounted on the subject vehicles. BMW states that BMW Customer Relations have not received any contact from vehicle owners regarding this issue and, therefore, are unaware that any vehicle owner has encountered this issue in the field. They state that they are also unaware of any accident or injuries that have occurred as a result of this noncompliance. BMW has additionally informed NHTSA that it has corrected the subject noncompliance. In summation, BMW believes that the described noncompliance of the subject vehicles is inconsequential to motor vehicle safety, and that its petition, to exempt BMW from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and VerDate Sep<11>2014 17:49 Apr 02, 2015 Jkt 235001 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that BMW no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after BMW notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey M. Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015–07608 Filed 4–2–15; 8:45 am] BILLING CODE 4910–59–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: 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 SUMMARY: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 18295 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 oira_submission@ omb.eop.gov, 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 brian.routhier@ dot.gov. 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 × 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 × 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 × 75 minutes in year 1) + (22 respondents × 37.5 minutes E:\FR\FM\03APN1.SGM 03APN1 18296 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices in year 2) + (22 respondents × 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. Some of these comments actually responded to elements of the ELD SNPRM, rather than the registration process. components is needed to meet this definition, the provider must register all of the components together as the ELD device. 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. 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 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. General Summary 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 softwarebased Transportation Management System would be registered. 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. 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 § 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- asabaliauskas on DSK5VPTVN1PROD with NOTICES Comments From the Public VerDate Sep<11>2014 17:49 Apr 02, 2015 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03APN1.SGM 03APN1 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 17:49 Apr 02, 2015 Jkt 235001 (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 ELDcertified 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 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 18297 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 ELDcertified 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 E:\FR\FM\03APN1.SGM 03APN1 18298 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES Self-Certification OOIDA commented that the information required of ELD VerDate Sep<11>2014 17:49 Apr 02, 2015 Jkt 235001 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. 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. PO 00000 Frm 00111 Fmt 4703 Sfmt 9990 [FR Doc. 2015–07669 Filed 4–2–15; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\03APN1.SGM 03APN1

Agencies

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

-----------------------------------------------------------------------

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 
oira_submission@omb.eop.gov, 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 
brian.routhier@dot.gov. 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