crashes caused by driver fatigue that could have been avoided had the
driver complied with the HOS rules.
    The Agency is required by statute (MAP-21) to adopt regulations
requiring that CMVs operated in interstate commerce by drivers required
to keep RODS, be equipped with ELDs. FMCSA amends part 395 of the
FMCSRs to require the installation and use of ELDs for CMV operations
for which RODS are required. CMV drivers are currently required to
record their HOS (driving time, on- and off-duty time) in paper RODS,
although some carriers have voluntarily adopted an earlier standard for
HOS recording using devices known as AOBRDs. The HOS regulations are
intended to ensure that driving time ``do[es] not impair their ability
to operate the vehicles safely'' (49 U.S.C. 31136(a)(2)). Driver
compliance with the HOS rules helps ensure that ``the physical
condition of commercial motor vehicle drivers is adequate to enable
them to operate the vehicles safely'' (49 U.S.C. 31136(a)(3)). FMCSA
believes that properly designed, used, and maintained ELDs would enable
motor carriers to track their drivers' on-duty driving hours
accurately, thus preventing regulatory violations or excessive driver
fatigue.
    Improved HOS compliance would prevent commercial vehicle operators
from driving for long periods without opportunities to obtain adequate
rest. Sufficient rest is necessary to ensure that a driver is alert
behind the wheel and able to respond appropriately to changes in the
driving environment.
    Substantial paperwork and recordkeeping burdens are also associated
with HOS rules, including time spent by drivers filling out and
submitting paper RODS and time spent by motor carrier staff reviewing,
filing, and retaining these RODS. ELDs would eliminate all of the
driver's clerical tasks associated with the RODS and significantly
reduce the time drivers spend recording their HOS. These paperwork
reductions offset most of the costs of the devices.
3. Public Comment on the IRFA, FMCSA Assessment and Response
    Although public comment on the SNPRM for this rule was extensive,
there were no comments specific to the Initial Regulatory Flexibility
Analysis.
4. FMCSA Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration on the IRFA
    The FMCSA did not receive comments from the Chief Counsel for
Advocacy of the Small Business Administration on the IRFA included with
the SNPRM for this rule.
5. Description and Numerical Estimate of Small Entities Affected by the
Rulemaking
    The motor carriers regulated by FMCSA operate in many different
industries, and no single Small Business Administration (SBA) size
threshold is applicable to all motor carriers. Most for-hire property
carriers operate under North American Industrial Classification System
\42\ (NAICS) code 484, truck transportation (see: http://www.bls.gov/iag/tgs/iag484.htm), although some for-hire carriers categorize
themselves as ``express delivery services'' (NAICS 492110) or ``local
delivery'' (NAICS 492210) or operate primarily in other modes of
freight transportation. As shown in Table 6 below, the SBA size
standard for truck transportation and local delivery services is
currently $27.5 million in revenue per year and 1,500 employees for
express delivery services. For other firms in other modes that may also
be registered as for-hire motor carriers, the size standard is 500 or
1,500 employees. As Table 6 also shows, for-hire passenger operations
that FMCSA regulates have a size standard of $15 million in annual
revenue.
---------------------------------------------------------------------------

    \42\ More information about NAICS is available at: http://www.census.gov/eos/www/naics/.

                               Table 6--SBA Size Standards for Selected Industries
                                                    [2014 $]
----------------------------------------------------------------------------------------------------------------
                                                                                Annual
                NAICS codes                       NAICS industry description          revenue        Employees
                                                                                (millions)
----------------------------------------------------------------------------------------------------------------
481112 and 481212..........................  Freight Air Transportation.........  ..............           1,500
482111.....................................  Line-Haul Railroads................  ..............           1,500
483111 through 483113......................  Freight Water Transportation.......  ..............             500
484110 through 484230......................  Freight Trucking...................           $27.5

492110.....................................  Couriers and Express Delivery......  ..............           1,500
492210.....................................  Local Messengers and Local Delivery            27.5  ..............
485210 through 485510......................  Bus Transportation.................            15.0  ..............
445110.....................................  Supermarkets and Grocery Stores....            32.5  ..............
452111.....................................  Department Stores (except Discount             32.5  ..............
                                              Department Stores).
452112.....................................  Discount Department Stores.........            29.5  ..............
452910.....................................  Warehouse Clubs and Superstores....            29.5  ..............
452990.....................................  Other General Merchandise Stores...            32.5  ..............
453210.....................................  Office Supplies and Stationery                 32.5  ..............
                                              Stores.
236115 through 236220......................  Building Construction..............            36.5  ..............
237110.....................................  Water and Sewer Line and Related               36.5  ..............
                                              Structures Construction.
237120.....................................  Oil and Gas Pipeline and Related               36.5  ..............
                                              Structures Construction.
237130.....................................  Power and Communication Line and               36.5  ..............
                                              Related Structures Construction.
237210.....................................  Land Subdivision...................            27.5  ..............
237310.....................................  Highway, Street, and Bridge                    36.5  ..............
                                              Construction.
237990.....................................  Other Heavy and Civil Engineering              36.5  ..............
                                              Construction.
238110 through 238990......................  Specialty Trade Contractors........            15.0  ..............
111110 through 111998......................  Crop Production....................            0.75  ..............
112111.....................................  Beef Cattle Ranching and Farming...            0.75  ..............
112112.....................................  Cattle Feedlots....................             7.5  ..............
112120.....................................  Dairy Cattle and Milk Production...            0.75  ..............
112210.....................................  Hog and Pig Farming................            0.75  ..............
112310.....................................  Chicken Egg Production.............            15.0  ..............
112320 through 112990......................  All Other Animal Production........            0.75  ..............
113310.....................................  Logging............................  ..............             500
211111 through 213111......................  Oil and Gas Extraction and Mining..  ..............             500
----------------------------------------------------------------------------------------------------------------

    This rulemaking will also affect private motor carriers. These
carriers use CMVs they own or lease to ship their own goods (such as a
motor carrier that is operated by a retail department store chain to
distribute goods from its warehouses to its store locations) or in
other regulated transportation activities related to their primary
business activities (for example, dump trucks used by construction
companies). The latter category also includes the provision of
passenger transportation services not available to the general public.
FMCSA does not have NAICS codes for motor carriers and therefore cannot
determine the appropriate size standard to use for each case. As shown,
the size standards vary widely, from $0.75 million for many types of
farms to $36.5 million for building construction firms.
    For for-hire motor carriers, FMCSA examined data from the 2007
Economic Census \43\ to determine the percentage of firms that have
revenue at or below SBA's thresholds. Although boundaries for the
revenue categories used in the Economic Census do not exactly coincide
with the SBA thresholds, FMCSA was able to make reasonable estimates
using these data. According to the Economic Census, about 99 percent of
trucking firms had annual revenue less than $27.5 million; the Agency
concluded that the percentage would be approximately the same using the
SBA threshold of $25.5 million as the boundary. For passenger carriers,
the $15 million SBA threshold falls between two Economic Census revenue
categories, $10 million and $25 million. The percentages of passenger
carriers with revenue less than these amounts were 96.7 percent and
98.9 percent. Because the SBA threshold is closer to the lower of these
two boundaries, FMCSA has assumed that the percentage of passenger
carriers that are small will be closer to 96.7 percent, and is using a
figure of 97 percent.
---------------------------------------------------------------------------

    \43\ U.S. Census Bureau, ``2007 Economic Census.'' http://www.census.gov/econ/census/.
---------------------------------------------------------------------------

    For private carriers, the Agency constructed its estimates under
the assumption that carriers in the 99th percentile in terms of number
of CMVs of for-hire property carriers will be large. In the case of
for-hire property carriers, we assumed that carriers in the 97th
percentile will also be large. That is, any company of sufficient size
to maintain a fleet large enough to be considered a large truck or bus
company will be large within its own industry. This could overestimate
the number of small, private carriers. However, the Agency is confident
that no small private carrier would be excluded. The Agency found that
for property carriers, the threshold was 194 CMVs, and that for
passenger carriers, it was 89 CMVs. FMCSA identified 195,818 small
private property carriers (99.4 percent of this group), and 6,000 small
private passenger carriers (100.0 percent of this group).
    The table below shows the complete estimates of the number of small
carriers. All told, FMCSA estimates that 99.1 percent of regulated
motor carriers are small businesses according to SBA size standards.

                                                     Table 7--Estimates of Numbers of Small Entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             For-hire        For-hire
                                                              general       specialized      For-hire         Private         Private          Total
                                                              freight         freight        passenger       property        passenger
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carriers................................................         176,000         152,000           8,000         197,000           6,000         539,000
Percentage of Small Carriers............................           98.9%           98.9%           97.0%           99.4%          100.0%           99.1%
Number of Small Carriers................................         174,064         150,328           7,760         195,818           6,000         533,970
--------------------------------------------------------------------------------------------------------------------------------------------------------

6. Description of Reporting, Recordkeeping and Other Compliance
Requirements of the Rule
    FMCSA believes that implementation of the rule will not require
additional reporting, recordkeeping, or other paperwork-related
compliance requirements beyond what are already required in the
existing regulations. In fact, the rule is estimated to result in
paperwork savings, particularly from the elimination of paper RODS.
Furthermore, the carriers will experience compensatory time-saving or
administrative efficiencies as a result of using ELD records in place
of paper RODS. The level of savings will vary with the size of the
carrier implementing the systems (larger carriers generally experience
greater savings).
    Under current regulations, most CMV drivers are required to fill
out RODS for every 24-hour period. The remaining population of CMV
drivers is required to fill out time cards at their workplace
(reporting location). Motor carriers must retain the RODS (or
timecards, if used) for 6 months. FMCSA estimates annual recordkeeping
cost savings from this rule of about $805 per driver. This comprises
$558 for a reduction in time drivers spend completing paper RODS and
$65 submitting those RODS to their employers; $144 for motor carrier
clerical staff to handle and file the RODS; and $38 for elimination of
expenditures on blank paper RODS for drivers. One of the options
discussed in the rule (Option 1) would extend the ELD mandate to
carrier operations that are exempt from the RODS requirements.
Paperwork savings would not accrue to drivers engaged in these
operations.
    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. This rule makes regulatory changes to several parts of the
FMCSRs, but only those applicable to part 395, ``Hours of Service of
Drivers,'' will alter or impose ICR. The ICR of this rule will affect
OMB Control Number 2126-0001, which is currently approved through May
31, 2018, at 127,600,000 burden hours.
7. Steps To Minimize Adverse Economic Impacts on Small Entities
    Of the population of motor carriers that FMCSA regulates, 99
percent are considered small entities under SBA's definition. Because
small businesses constitute a large part of the demographic the Agency
regulates, providing exemptions to small business to permit
noncompliance with safety regulations is not feasible and not
consistent with good public policy. The safe operation of CMVs on the
Nation's highways depends on compliance with all of FMCSA's safety
regulations. Accordingly, the Agency will not allow any motor carriers
to be exempt from coverage of the rule based solely on a status as a
small entity. Furthermore, exempting small businesses from coverage
would be inconsistent with the explicit statutory mandate contained in
MAP-21.
    The Agency recognizes that small businesses may need additional
information and guidance in order to comply with the regulation. To
improve their understanding of the rule, FMCSA intends to conduct
outreach aimed specifically at small businesses, including webinars and
other presentations upon request as needed and at no charge to the
participants. These sessions will be held after the rule has published
and before the rule's compliance date. To the extent practicable, these
presentations will be interactive. They will describe in plain language
the compliance and reporting requirements so they are can be readily
understood by the small entities that will be affected.
    ELDs can lead to significant paperwork savings that can offset the
costs of the devices. The Agency, however, recognizes that these
devices entail an up-front investment that can be burdensome for small
carriers. At least one provider, however, provides free hardware and
recoups the cost of the device over time in the form of higher monthly
operating fees. The Agency is also aware of lease-to-own programs that
allow carriers to spread the purchase costs over several years.
Nevertheless, the typical carrier will likely be required to spend
about $584 per CMV to purchase and install ELDs. In addition to
purchase costs, carriers will also likely spend about $20 per month per
CMV for monthly service fees.
8. Description of Steps Taken by a Covered Agency To Minimize Costs of
Credit for Small Entities
    FMCSA is not a covered agency as defined in section 609(d)(2) of
the Regulatory Flexibility Act, and has taken no steps to minimize the
additional cost of credit for small entities.

C. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 requires
Agencies to evaluate whether an Agency action would result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $155 million or more (which is $100
million in 1995, adjusted for inflation) in any 1 year, and, if so, to
take steps to minimize these unfunded mandates. As Table 8 shows, this
rulemaking would result in private sector expenditures in excess of the
$155 million threshold for each of the options. Gross costs, however,
are expected to be more than offset in savings from paperwork burden
reductions.
    The Agency is required by statute to adopt regulations requiring
that CMVs, operated in interstate commerce by drivers required to keep
RODS, be equipped with ELDs (49 U.S.C. 31137). To the extent this rule
implements the direction of Congress in mandating the use of ELDs, a
written statement under the Unfunded Mandates Reform Act is not
required.\44\ However, the Agency

provides its projection of the annualized costs to the private sector
in Table 8 below. Additionally the Agency's adopted option provides the
lowest cost and highest net benefits of the options considered.
---------------------------------------------------------------------------

    \44\ Unfunded Mandates Reform Act of 1995. Title II, Section
201. http://www.gpo.gov/fdsys/pkg/PLAW-104publ4/pdf/PLAW-104publ4.pdf.

         Table 8--Annualized Net Expenditures by Private Sector
                            [2013 $ millions]
------------------------------------------------------------------------
        Cost or Savings Category             Option 1        Option 2
------------------------------------------------------------------------
New ELD Costs...........................          $1,336          $1,032
AOBRD Replacement Costs.................               2               2
HOS Compliance Costs....................             929             790
Driver Training Costs...................              10               8
                                         -------------------------------
    Total Costs.........................           2,278           1,833
                                         -------------------------------
    Total Savings (Paperwork)...........           2,438           2,438
                                         -------------------------------
    Net Expenditure by Private Sector...            -160            -605
------------------------------------------------------------------------

D. Executive Order 12988 (Civil Justice Reform)

    This rulemaking meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

E. Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. FMCSA determined that
this rulemaking would not pose an environmental risk to health or
safety that might affect children disproportionately.

F. Executive Order 12630 (Taking of Private Property)

    This rulemaking would not effect a taking of private property or
otherwise have takings implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

G. Executive Order 13132 (Federalism)

    A rulemaking has implications for Federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on State or local governments. FMCSA analyzed
this action in accordance with E.O. 13132. The rule would not have a
substantial direct effect on States or local governments, nor would it
limit the policymaking discretion of States. Nothing in this rulemaking
would preempt any State law or regulation.

H. Executive Order 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
action.

I. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

    FMCSA analyzed this rulemaking in accordance with the principles
and criteria in E.O. 13175, Consultation and Coordination with Indian
Tribal Governments. This rulemaking is required by law and does not
significantly or uniquely affect the communities of the Indian tribal
governments or impose substantial direct compliance costs on tribal
governments. Thus, the funding and consultation requirements of E.O.
13175 do not apply and no tribal summary impact statement is required.

J. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
requires Federal agencies to obtain OMB approval of each information
collection (IC) they conduct, sponsor, or require through agency
regulations. Information-collection requests (ICRs) submitted to OMB by
agencies must estimate the burden hours imposed by their information-
collection (IC) requirements. Part 395 of the Federal Motor Carrier
Safety Regulations, ``Hours of Service of Drivers,'' requires drivers
and motor carriers to collect, transmit and maintain information about
driver daily activities. The part 395 ICR is assigned OMB Control
Number 2126-0001. On May 21, 2015, OMB approved the Agency's estimate
of 127.6 million burden hours as the annual IC burden of part 395 as it
existed at that time, prior to this final rule. This rulemaking
substantially amends the IC requirements of part 395.
    For the SNPRM of this rulemaking (79 FR 17656, March 28, 2014), the
Agency excluded the IC burden of drivers operating purely in intrastate
commerce, but following discussions with OMB, decided the burden of
these drivers should be included in future part 395 estimates. The
intrastate burden was included in the estimate approved by OMB on May
21, 2015, and is included in the Agency's burden estimate for this
final rule.
    FMCSA estimates that 3.37 million interstate and intrastate CMV
drivers are subject to the IC requirements of part 395 as of 2013. OMB
regulations require that Agencies estimate IC burdens over a period of
3 years. This rule has a compliance date 2 years from the date of its
publication. Thus, during the first 2 years of this PRA estimate,
drivers and motor carriers will not be required to employ ELDs. The
Agency has incorporated estimates of the number of drivers who will be
voluntarily employing electronic HOS recording devices during each of
the first 2 years. For year three, the Agency's estimate is based upon
all drivers using electronic logging devices. FMCSA estimates that the
part 395 amendments of this final rule will reduce the IC burden an
average of 21,373,653 hours annually for the 3-year period.

K. National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rulemaking for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and
determined under DOT Environmental Procedures Order 5610.1, issued
March 1, 2004 (69 FR 9680), that this action would have a minor impact
on the environment. The Environmental Assessment is available for
inspection or copying at the Regulations.gov Web site listed under
Section II.A of this preamble. There were two notable changes to data
input values used in section 3.2.1 of the Environmental Assessment for
today's rule as compared to the equivalent values used in the
Environmental

Assessment for the SNPRM. First, in the calculation of emissions from
additional idling, the number of affected long-haul tractors with
sleeper berths was increased from 665,000, which was based on year 2002
data, to a revised estimate of 976,889 to reflect growth in the number
of truck tractors from 2002 to 2012 as reported by the Federal Highway
Administration. For additional details, see section 3.2.1 of the
Environmental Assessment. Second, in the calculation of the reduction
of emissions from crash prevention, the emission rates per crash for
the six Environmental Protection Agency criteria pollutants and for
carbon dioxide were updated from values that were previously based on
FMCSA research from 2004 regarding the environmental impacts of truck
crashes, to revised emission rate values that are based on more recent
FMCSA research from 2013 regarding the environmental impacts of truck
crashes. For additional details, see section 3.2.1 of the Environmental
Assessment.
    FMCSA also analyzed this action under section 176(c) of the Clean
Air Act (CAA), as amended (42 U.S.C. 7506(c)), and the U.S.
Environmental Protection Agency's implementing regulations, 40 CFR part
93. Pursuant to 40 CFR 93.153, a conformity determination is required
``for each criteria pollutant or precursor where the total of direct
and indirect emissions of the criteria pollutant or precursor in a
nonattainment or maintenance area caused by a Federal action would
equal or exceed any of the rates in paragraphs (b)(1) or (2) of this
section.'' FMCSA recognizes that the action taken in this rulemaking
could slightly affect emissions of criteria pollutants from CMVs. FMCSA
discusses the air emissions analysis in section 3.2.1 of the
Environmental Assessment for this rule.
    As discussed in section 3.1.2 of the Environmental Assessment, the
CAA requires additional analysis to determine if this action impacts
air quality. In determining whether this action conforms to CAA
requirements in areas designated as nonattainment under section 107 of
the CAA and maintenance areas established under section 175A of the
CAA, FMCSA is required (among other criteria) to determine if the total
direct and indirect emissions are at or above de minimis levels. In the
case of the alternatives in this rulemaking, as discussed in section
3.2.1 of the Environmental Assessment (except for the No-Action
Alternative), FMCSA considers the change in emissions to be an indirect
result of the rulemaking action. FMCSA is requiring drivers and motor
carriers to use ELDs that would lead to greater compliance with the HOS
regulations, which does not directly result in additional emissions
releases.
    Although emissions from idling are foreseeable and an indirect
result of the rulemaking, in order for the idling emissions to qualify
as `indirect emissions' pursuant to 40 CFR 93.152, they must meet all
four criteria in the definition: (1) The emissions are caused or
initiated by the Federal action and originate in the same nonattainment
or maintenance area but occur at a different time or place as the
action; (2) they are reasonably foreseeable; (3) FMCSA can practically
control them; and (4) FMCSA has continuing program responsibility for
them. FMCSA does not believe the increase of emissions of some criteria
pollutants or their precursors from the proposed rulemaking meet two of
the criteria: That FMCSA can practically control the emissions, and
that FMCSA has continuing program responsibility. FMCSA's statutory
authority limits its ability to require drivers to choose alternatives
to idling while taking a rest period. If FMCSA had authority to control
CMV emissions, the Agency could prohibit idling or require drivers to
choose an alternative such as electrified truck stops or use of
auxiliary power units, both of which reduce idling emissions. Moreover,
based on FMCSA's analysis, it is reasonably foreseeable that this
rulemaking would not significantly increase total CMV mileage, nor
would it change the routing of CMVs, how CMVs operate, or the CMV fleet
mix of motor carriers. Therefore, because the idling emissions do not
meet the definition of direct or indirect emissions in 40 CFR 93.152,
FMCSA has determined it is not required to perform a CAA general
conformity analysis, pursuant to 40 CFR 93.153.\45\
---------------------------------------------------------------------------

    \45\ Additionally, the EPA General Conformity regulations
provide an exemption for rulemaking activities. See 40 CFR
93.153(c)(2)(iii).
---------------------------------------------------------------------------

L. Executive Order 12898 (Environmental Justice)

    FMCSA evaluated the environmental effects of this rulemaking in
accordance with E.O. 12898 and determined that there are neither
environmental justice issues associated with its provisions nor any
collective environmental impact resulting from its promulgation.
Environmental justice issues would be raised if there were
``disproportionate''' and ``high and adverse impact'' on minority or
low-income populations. None of the alternatives analyzed in the
Agency's deliberations would result in high and adverse environmental
justice impacts.

M. Executive Order 13211 (Energy Effects)

    FMCSA analyzed this action under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. FMCSA determined that it is not a ``significant energy action''
under that E.O. because, although this rulemaking is economically
significant, it is not likely to have an adverse effect on the supply,
distribution, or use of energy.

N. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires agencies to ``use technical standards that are developed
or adopted by voluntary consensus standards bodies'' to carry out
policy objectives determined by the agencies, unless the standards are
``inconsistent with applicable law or otherwise impractical.'' This
requirement pertains to ``performance-based or design-specific
technical specifications and related management systems practices.''
MAP-21 also requires that the Agency adopt a ``standard security level
for an electronic logging device and related components to be tamper
resistant by using a methodology endorsed by a nationally recognized
standards organization'' (49 U.S.C. 31137(b)(2)(C)).
    FMCSA is not aware of any technical standards addressing ELDs.
However, in today's rule, the Agency employs several publicly-available
consensus standards consistent with these statutory mandates, including
standards adopted by the World Wide Web Consortium to facilitate secure
Web based communications, American National Standards Institute (ANSI)
codes for identification of geographic locations and for standard
information display, Institute of Electrical and Electronic Engineers
(IEEE) Standards Association standards addressing secure transfer of
data with a portable storage device, Bluetooth Special Interest Group
(SIG) standards addressing short-range wireless information transfer,
and the USB Specification (Revision 2.0). In addition, although not
developed by a private sector consensus standard body, FMCSA also
employs the National Institute of Standards and Technology (NIST)
standards concerning data encryption. A complete list of standards that
FMCSA proposes for adoption is found in 49 CFR 395.38.

O. E-Government Act of 2002

    The E-Government Act of 2002, Public Law 107-347, section 208, 116
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct
a privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. FMCSA completed an assessment in connection with
today's rule addressing the handling of PII. The assessment is a
documented assurance that privacy issues have been identified and
adequately addressed, ensures compliance with laws and regulations
related to privacy, and demonstrates the DOT's commitment to protect
the privacy of any personal information we collect, store, retrieve,
use, and share. Additionally, the publication of the assessment
demonstrates DOT's commitment to provide appropriate transparency in
the ELD rulemaking process. A copy of the privacy impact assessment is
available in the docket for this rulemaking.

List of Subjects

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements

49 CFR Part 386

    Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements

49 CFR Part 395

    Highway safety, Incorporation by reference, Motor carriers,
Reporting and recordkeeping requirements

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
parts 385, 386, 390, and 395 as follows:

PART 385--SAFETY FITNESS PROCEDURES

0
1. The authority citation for part 385 is revised to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5123,
13901-13905, 31133, 31135, 31136, 31137, 31144, 31148, and 31502;
Sec. 113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88, 109 Stat.
803, 958; and 49 CFR 1.87.

0
2. Amend Appendix B to part 385, section VII, by removing the entries
for Sec. Sec.  395.8(a), 395.8(e), and 395.8(i), and the two entries
for Sec.  395.8(k)(1); and adding entries for Sec.  395.8(a)(1), Sec.
395.8(a)(2)(ii), Sec.  395.8(e)(1), Sec.  395.8(e)(2), Sec.
395.8(k)(1), Sec.  395.11(b), Sec.  395.11(c), Sec.  395.11(e), Sec.
395.11(f), and Sec.  395.30(f) in numerical order to read as follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *

VII. List of Acute and Critical Regulations

* * * * *
    Sec.  395.8(a)(1) Failing to require a driver to prepare a
record of duty status using appropriate method (critical).
    Sec.  395.8(a)(2)(ii) Failure to require a driver to submit
record of duty status in a timely manner (critical).
    Sec.  395.8(e)(1) Making, or permitting a driver to make, a
false report regarding duty status (critical).
    Sec.  395.8(e)(2) Disabling, deactivating, disengaging, jamming,
or otherwise blocking or degrading a signal transmission or
reception; tampering with an automatic on-board recording device or
ELD; or permitting or requiring another person to engage in such
activity (acute).
    Sec.  395.8(k)(1) Failing to preserve a driver's record of duty
status or supporting documents for 6 months (critical).
    Sec.  395.11(b) Failing to require a driver to submit supporting
documents in a timely manner (critical).
    Sec.  395.11(c) Failing to retain types of supporting documents
as required by Sec.  395.11(c) (critical).
    Sec.  395.11(e) Failing to retain supporting documents in a
manner that permits the effective matching of the documents to the
driver's record of duty status (critical).
    Sec.  395.11(f) Altering, defacing, destroying, mutilating, or
obscuring a supporting document (critical).
    Sec.  395.30(f) Failing to retain ELD information (acute).
* * * * *

PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT
PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS
PROCEEDINGS

0
3. The authority citation for part 386 is revised to read as follows:

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5123,
13901-13905, 31133, 31135, 31136, 31137, 31144, 31148, and 31502;
Sec. 113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88, 109 Stat.
803, 958; and 49 CFR 1.87.

0
4. Amend Sec.  386.1 by revising paragraph (a) and adding paragraph (c)
to read as follows:

Sec.  386.1  Scope of rules in this part.

    (a) Except as provided in paragraph (c) of this section, the rules
in this part govern proceedings before the Assistant Administrator, who
also acts as the Chief Safety Officer of the Federal Motor Carrier
Safety Administration, under applicable provisions of the Federal Motor
Carrier Safety Regulations (49 CFR parts 350-399), including the
commercial regulations (49 CFR parts 360-379), and the Hazardous
Materials Regulations (49 CFR parts 171-180).
* * * * *
    (c)(1) The rules in Sec.  386.12(a) govern the filing of a
complaint of a substantial violation and the handling of the complaint
by the appropriate Division Administrator.
    (2) The rules in Sec.  386.12(b) govern the filing by a driver and
the handling by the appropriate Division Administrator of a complaint
of harassment in violation of Sec.  390.36 of this subchapter.
    (3) The rules in Sec.  386.12(c) govern the filing by a driver and
the handling by the appropriate Division Administrator of a complaint
of coercion in violation of Sec.  390.6 of this subchapter.

0
5. Revise Sec.  386.12 to read as follows:

Sec.  386.12  Complaints.

    (a) Complaint of substantial violation. (1) Any person alleging
that a substantial violation of any regulation issued under the Motor
Carrier Safety Act of 1984 is occurring or has occurred must file a
written complaint with FMCSA stating the substance of the alleged
substantial violation no later than 90 days after the event. The
written complaint, including the information below, must be filed with
the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov
or any FMCSA Division Administrator. The Agency will refer the
complaint to the Division Administrator who the Agency believes is best
able to handle the complaint. Information on filing a written complaint
may be obtained by calling 1-800-DOT-SAFT (1-800-368-7238). A
substantial violation is one which could reasonably lead to, or has
resulted in, serious personal injury or death. Each complaint must be
signed by the complainant and must contain:
    (i) The name, address, and telephone number of the person who files
it;
    (ii) The name and address of the alleged violator and, with respect
to each alleged violator, the specific provisions of the regulations
that the complainant believes were violated; and
    (iii) A concise but complete statement of the facts relied upon to
substantiate each allegation, including the date of each alleged
violation.

    (2) Upon the filing of a complaint of a substantial violation under
paragraph (a)(1) of this section, the Division Administrator shall
determine whether the complaint is non-frivolous and meets the
requirements of paragraph (a)(1) of this section. If the Division
Administrator determines the complaint is non-frivolous and meets the
requirements of paragraph (a)(1), the Division Administrator shall
investigate the complaint. The complainant shall be timely notified of
findings resulting from the investigation. The Division Administrator
shall not be required to conduct separate investigations of duplicative
complaints. If the Division Administrator determines the complaint is
frivolous or does not meet the requirements of paragraph (a)(1), the
Division Administrator shall dismiss the complaint and notify the
complainant in writing of the reasons for the dismissal.
    (3) Notwithstanding the provisions of 5 U.S.C. 552, the Division
Administrator shall not disclose the identity of complainants unless it
is determined that such disclosure is necessary to prosecute a
violation. If disclosure becomes necessary, the Division Administrator
shall take every practical means within the Division Administrator's
authority to ensure that the complainant is not subject to coercion,
harassment, intimidation, disciplinary action, discrimination, or
financial loss as a result of such disclosure.
    (b) Complaint of harassment. (1) A driver alleging a violation of
Sec.  390.36(b)(1) of this subchapter (harassment) must file a written
complaint with FMCSA stating the substance of the alleged harassment by
a motor carrier no later than 90 days after the event. The written
complaint, including the information described below, must be filed
with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or the FMCSA Division Administrator for the State
where the driver is employed. The Agency may refer a complaint to
another Division Administrator who the Agency believes is best able to
handle the complaint. Information on filing a written complaint may be
obtained by calling 1-800-DOT-SAFT (1-800-368-7238). Each complaint
must be signed by the driver and must contain:
    (i) The driver's name, address, and telephone number;
    (ii) The name and address of the motor carrier allegedly harassing
the driver; and
    (iii) A concise but complete statement of the facts relied upon to
substantiate each allegation of harassment, including:
    (A) How the ELD or other technology used in combination with and
not separable from the ELD was used to contribute to harassment;
    (B) The date of the alleged action; and
    (C) How the motor carrier's action violated either Sec.  392.3 or
part 395.

Each complaint may include any supporting evidence that will assist the
Division Administrator in determining the merits of the complaint.
    (2) Upon the filing of a complaint of a violation under paragraph
(b)(1) of this section, the appropriate Division Administrator shall
determine whether the complaint is non-frivolous and meets the
requirements of paragraph (b)(1) of this section.
    (i) If the Division Administrator determines the complaint is non-
frivolous and meets the requirements of paragraph (b)(1) of this
section, the Division Administrator shall investigate the complaint.
The complaining driver shall be timely notified of findings resulting
from the investigation. The Division Administrator shall not be
required to conduct separate investigations of duplicative complaints.
    (ii) If the Division Administrator determines the complaint is
frivolous or does not meet the requirements of paragraph (b)(1) of this
section, the Division Administrator shall dismiss the complaint and
notify the complainant in writing of the reasons for the dismissal.
    (3) Because prosecution of harassment in violation of Sec.
390.36(b)(1) of this subchapter will require disclosure of the driver's
identity, the Agency shall take every practical means within its
authority to ensure that the driver is not subject to coercion,
harassment, intimidation, disciplinary action, discrimination, or
financial loss as a result of the disclosure. This will include
notification that 49 U.S.C. 31105 includes broad employee protections
and that retaliation for filing a harassment complaint may subject the
motor carrier to enforcement action by the Occupational Safety and
Health Administration.
    (c) Complaint of coercion. (1) A driver alleging a violation of
Sec.  390.6(a)(1) or (2) of this subchapter must file a written
complaint with FMCSA stating the substance of the alleged coercion no
later than 90 days after the event. The written complaint, including
the information described below, must be filed with the National
Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or the FMCSA
Division Administrator for the State where the driver is employed. The
Agency may refer a complaint to another Division Administrator who the
Agency believes is best able to handle the complaint. Information on
filing a written complaint may be obtained by calling 1-800-DOT-SAFT
(1-800-368-7238). Each complaint must be signed by the driver and must
contain:
    (i) The driver's name, address, and telephone number;
    (ii) The name and address of the person allegedly coercing the
driver;
    (iii) The provisions of the regulations that the driver alleges he
or she was coerced to violate; and
    (iv) A concise but complete statement of the facts relied upon to
substantiate each allegation of coercion, including the date of each
alleged violation.
    (2) Action on complaint of coercion. Upon the filing of a complaint
of coercion under paragraph (c)(1) of this section, the appropriate
Division Administrator shall determine whether the complaint is non-
frivolous and meets the requirements of paragraph (c)(1).
    (i) If the Division Administrator determines that the complaint is
non-frivolous and meets the requirements of paragraph (c)(1) of this
section, the Division Administrator shall investigate the complaint.
The complaining driver shall be timely notified of findings resulting
from such investigation. The Division Administrator shall not be
required to conduct separate investigations of duplicative complaints.
    (ii) If the Division Administrator determines the complaint is
frivolous or does not meet the requirements of paragraph (c)(1) of this
section, the Division Administrator shall dismiss the complaint and
notify the driver in writing of the reasons for the dismissal.
    (3) Protection of complainants. Because prosecution of coercion in
violation of Sec.  390.6 of this subchapter will require disclosure of
the driver's identity, the Agency shall take every practical means
within its authority to ensure that the driver is not subject to
coercion, harassment, intimidation, disciplinary action,
discrimination, or financial loss as a result of the disclosure. This
will include notification that 49 U.S.C. 31105 includes broad employee
protections and that retaliation for filing a coercion complaint may
subject the alleged coercer to enforcement action by the Occupational
Safety and Health Administration.

0
6. Add Sec.  386.30 to subpart D to read as follows:

Sec.  386.30  Enforcement proceedings under part 395.

    (a) General. A motor carrier is liable for any act or failure to
act by an employee, as defined in Sec.  390.5 of this subchapter, that
violates any provision of part 395 of this subchapter if the act or
failure to act is within the course of the motor carrier's operations.
The fact that an employee may be liable for a violation in a proceeding
under this subchapter, based on the employee's act or failure to act,
does not affect the liability of the motor carrier.
    (b) Burden of proof. Notwithstanding any other provision of this
subchapter, the burden is on a motor carrier to prove that the employee
was acting outside the scope of the motor carrier's operations when
committing an act or failing to act in a manner that violates any
provision of part 395 of this subchapter.
    (c) Imputed knowledge of documents. A motor carrier shall be deemed
to have knowledge of any document in its possession and any document
that is available to the motor carrier and that the motor carrier could
use in ensuring compliance with part 395 of this subchapter.
``Knowledge of any document'' means knowledge of the fact that a
document exists and the contents of the document.

0
7. Amend appendix B to part 386 by adding paragraph (a)(7) to read as
follows:

Appendix B to Part 386--Penalty Schedule; Violations and Monetary
Penalties

* * * * *
    (a) * * *
    (7) Harassment. In instances of a violation of Sec.
390.36(b)(1) of this subchapter the Agency may consider the
``gravity of the violation,'' for purposes of 49 U.S.C.
521(b)(2)(D), sufficient to warrant imposition of penalties up to
the maximum permitted by law.
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
8. The authority citation for part 390 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat.
1673, 1677-1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144,
1726, 1743-1744); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
sections 32101(d) and 34934, Pub. L. 112-141, 126 Stat. 405, 778,
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.

0
9. Add Sec.  390.36 to read as follows:

Sec.  390.36  Harassment of drivers prohibited.

    (a) Harass or harassment defined. As used in this section, harass
or harassment means an action by a motor carrier toward a driver
employed by the motor carrier (including an independent contractor
while in the course of operating a commercial motor vehicle on behalf
of the motor carrier) involving the use of information available to the
motor carrier through an ELD, as defined in Sec.  395.2 of this
chapter, or through other technology used in combination with and not
separable from the ELD, that the motor carrier knew, or should have
known, would result in the driver violating Sec.  392.3 or part 395 of
this subchapter.
    (b) Prohibition against harassment. (1) No motor carrier may harass
a driver.
    (2) Nothing in paragraph (b)(1) of this section shall be construed
to prevent a motor carrier from using technology allowed under this
subchapter to monitor productivity of a driver provided that such
monitoring does not result in harassment.
    (c) Complaint process. A driver who believes he or she was the
subject of harassment by a motor carrier may file a written complaint
under Sec.  386.12(b) of this subchapter.

PART 395--HOURS OF SERVICE OF DRIVERS

0
10. The authority citation for part 395 continues to read as follows:

    Authority:  49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.

0
11. Redesignate Sec.  395.1 through Sec.  395.15 as subpart A, and add
a new subpart heading to read as follows:

Subpart A--General

0
12. Amend Sec.  395.1 by revising the introductory text of paragraphs
(e)(1) and (e)(2) to read as follows:

Sec.  395.1  Scope of rules in this part.

* * * * *
    (e) * * *
    (1) 100 air-mile radius driver. A driver is exempt from the
requirements of Sec.  395.8 and Sec.  395.11 if:
* * * * *
    (2) Operators of property-carrying commercial motor vehicles not
requiring a commercial driver's license. Except as provided in this
paragraph, a driver is exempt from the requirements of Sec. Sec.
395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of
Sec.  395.1(e)(1), (g), and (o) if:
* * * * *

0
13. Amend Sec.  395.2 by adding definitions for Electronic logging
device (ELD), ELD record, and Supporting document, in alphabetical
order, to read as follows:

Sec.  395.2  Definitions.

* * * * *
    Electronic logging device (ELD) means 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.
    ELD record means a record of duty status, recorded on an ELD, that
reflects the data elements that an ELD must capture.
* * * * *
    Supporting document means a document, in any medium, generated or
received by a motor carrier in the normal course of business as
described in Sec.  395.11 that can be used, as produced or with
additional identifying information, by the motor carrier and
enforcement officials to verify the accuracy of a driver's record of
duty status.
* * * * *

0
14. Amend Sec.  395.8 by:
0
a. Revising paragraphs (a) and (e),
0
b. Removing and reserving paragraph (i), and
0
c. Revising the heading of paragraph (k), and paragraph (k)(1) to read
as follows:

Sec.  395.8  Driver's record of duty status.

    (a)(1) Except for a private motor carrier of passengers
(nonbusiness), as defined in Sec.  390.5 of this subchapter, a motor
carrier subject to the requirements of this part must require each
driver used by the motor carrier to record the driver's duty status for
each 24-hour period using the method prescribed in paragraphs (a)(1)(i)
through (iv) of this section, as applicable.
    (i) Subject to paragraphs (a)(1)(ii) and (iii) of this section, a
motor carrier operating commercial motor vehicles must install and
require each of its drivers to use an ELD to record the driver's duty
status in accordance with subpart B of this part no later than December
18, 2017.
    (ii) A motor carrier that installs and requires a driver to use an
automatic on-board recording device in accordance

with Sec.  395.15 before December 18, 2017 may continue to use the
compliant automatic on-board recording device no later than December
16, 2019.
    (iii)(A) A motor carrier may require a driver to record the
driver's duty status manually in accordance with this section, rather
than require the use of an ELD, if the driver is operating a commercial
motor vehicle:
    (1) In a manner requiring completion of a record of duty status on
not more than 8 days within any 30-day period;
    (2) In a driveaway-towaway operation in which the vehicle being
driven is part of the shipment being delivered; or
    (3) That was manufactured before model year 2000.
    (B) The record of duty status must be recorded in duplicate for
each 24-hour period for which recording is required. The duty status
shall be recorded on a specified grid, as shown in paragraph (g) of
this section. The grid and the requirements of paragraph (d) of this
section may be combined with any company form.
    (iv) Subject to paragraphs (a)(1)(i) through (iii) of this section,
until December 18, 2017, a motor carrier operating commercial motor
vehicles shall require each of its drivers to record the driver's
record of duty status:
    (A) Using an ELD that meets the requirements of subpart B of this
part;
    (B) Using an automatic on-board recording device that meets the
requirements of Sec.  395.15; or
    (C) Manually, recorded on a specified grid as shown in paragraph
(g) of this section. The grid and the requirements of paragraph (d) of
this section may be combined with any company form. The record of duty
status must be recorded in duplicate for each 24-hour period for which
recording is required.
    (2) A driver operating a commercial motor vehicle must:
    (i) Record the driver's duty status using one of the methods under
paragraph (a)(1) of this section; and
    (ii) Submit the driver's record of duty status to the motor carrier
within 13 days of the 24-hour period to which the record pertains.
* * * * *
    (e)(1) No driver or motor carrier may make a false report in
connection with a duty status.
    (2) No driver or motor carrier may disable, deactivate, disengage,
jam, or otherwise block or degrade a signal transmission or reception,
or reengineer, reprogram, or otherwise tamper with an automatic on-
board recording device or ELD so that the device does not accurately
record and retain required data.
    (3) No driver or motor carrier may permit or require another person
to disable, deactivate, disengage, jam, or otherwise block or degrade a
signal transmission or reception, or reengineer, reprogram, or
otherwise tamper with an automatic on-board recording device or ELD so
that the device does not accurately record and retain required data.
* * * * *
    (i) [Reserved]
* * * * *
    (k) Retention of driver's record of duty status and supporting
documents. (1) A motor carrier shall retain records of duty status and
supporting documents required under this part for each of its drivers
for a period of not less than 6 months from the date of receipt.
* * * * *

0
15. Add Sec.  395.11 to read as follows:

Sec.  395.11  Supporting documents.

    (a) Effective date. This section takes effect December 18, 2017.
    (b) Submission of supporting documents to motor carrier. Except
drivers for a private motor carrier of passengers (nonbusiness), a
driver must submit to the driver's employer the driver's supporting
documents within 13 days of either the 24-hour period to which the
documents pertain or the day the document comes into the driver's
possession, whichever is later.
    (c) Supporting document retention. (1) Subject to paragraph (d) of
this section, a motor carrier must retain each supporting document
generated or received in the normal course of business in the following
categories for each of its drivers for every 24-hour period to verify
on-duty not driving time in accordance with Sec.  395.8(k):
    (i) Each bill of lading, itinerary, schedule, or equivalent
document that indicates the origin and destination of each trip;
    (ii) Each dispatch record, trip record, or equivalent document;
    (iii) Each expense receipt related to any on-duty not driving time;
    (iv) Each electronic mobile communication record, reflecting
communications transmitted through a fleet management system; and
    (v) Each payroll record, settlement sheet, or equivalent document
that indicates payment to a driver.
    (2)(i) A supporting document must include each of the following
data elements:
    (A) On the document or on another document that enables the carrier
to link the document to the driver, the driver's name or personal
identification number (PIN) or a unit (vehicle) number if the unit
number can be associated with the driver operating the unit;
    (B) The date, which must be the date at the location where the date
is recorded;
    (C) The location, which must include the name of the nearest city,
town, or village to enable Federal, State, or local enforcement
personnel to quickly determine a vehicle's location on a standard map
or road atlas; and
    (D) Subject to paragraph (c)(2)(ii) of this section, the time,
which must be convertible to the local time at the location where it is
recorded.
    (ii) If a driver has fewer than eight supporting documents
containing the four data elements under paragraph (c)(2)(i) of this
section for a 24-hour period, a document containing the data elements
under paragraphs (c)(2)(i)(A) through (C) of this section is considered
a supporting document for purposes of paragraph (d) of this section.
    (d) Maximum number of supporting documents. (1) Subject to
paragraphs (d)(3) and (4) of this section, a motor carrier need not
retain more than eight supporting documents for an individual driver's
24-hour period under paragraph (c) of this section.
    (2) In applying the limit on the number of documents required under
paragraph (d)(1) of this section, each electronic mobile communication
record applicable to an individual driver's 24-hour period shall be
counted as a single document.
    (3) If a motor carrier has more than eight supporting documents for
a driver's 24 hour period, the motor carrier must retain the supporting
documents containing the earliest and the latest time indications among
the eight supporting documents retained.
    (4) In addition to other supporting documents required under this
section, and notwithstanding the maximum number of documents under
paragraph (d)(1) of this section, a motor carrier that requires a
driver to complete a paper record of duty status under Sec.
395.8(a)(1)(iii) must maintain toll receipts for any period when the
driver kept paper records of duty status.
    (e) Link to driver's record of duty status. A motor carrier must
retain supporting documents in such a manner that they may be
effectively matched to the corresponding driver's record of duty
status.
    (f) Prohibition of destruction. No motor carrier or driver may
obscure, deface, destroy, mutilate, or alter existing information
contained in a supporting document.
    (g) Supporting documents at roadside. (1) Upon request during a
roadside inspection, a driver must make available

to an authorized Federal, State, or local official for the official's
review any supporting document in the driver's possession.
    (2) A driver need not produce a supporting document under paragraph
(g)(1) of this section in a format other than the format in which the
driver possesses it.
    (h) Self-compliance systems. (1) FMCSA may authorize on a case-by-
case basis motor carrier self-compliance systems.
    (2) Requests for use of a supporting document self-compliance
system may be submitted to FMCSA under the procedures described in 49
CFR part 381, subpart C (Procedures for Applying for Exemptions).
    (3) FMCSA will consider requests concerning types of supporting
documents retained by a motor carrier under Sec.  395.8(k)(1) and the
method by which a driver retains a copy of the record of duty status
for the previous 7 days and makes it available for inspection while on
duty in accordance with Sec.  395.8.

0
16. Amend Sec.  395.15 by revising paragraph (a) to read as follows:

Sec.  395.15  Automatic on-board recording devices.

    (a) Authority to use. (1) A motor carrier that installs and
requires a driver to use an automatic on-board recording device in
accordance with this section before December 18, 2017 may continue to
use the compliant automatic on-board recording device no later than
December 16, 2019. Otherwise, the authority to use automatic on-board
recording devices under this section ends on December 18, 2017.
    (2) In accordance with paragraph (a)(1) of this section, a motor
carrier may require a driver to use an automatic on-board recording
device to record the driver's hours of service.
    (3) Every driver required by a motor carrier to use an automatic
on-board recording device shall use such device to record the driver's
hours of service.
* * * * *

Sec. Sec.  395.16-395.19  [Added and Reserved]

0
17. Add and reserve Sec. Sec.  395.16 through 395.19 in subpart A.

0
18. Amend part 395 by adding a new subpart B, consisting of Sec. Sec.
395.20 through 395.38, and Appendix A to Subpart B of Part 395, to read
as follows:
Subpart B--Electronic Logging Devices (ELDs)
Sec.
395.20 ELD applicability and scope.
395.22 Motor carrier responsibilities--In general.
395.24 Driver responsibilities--In general.
395.26 ELD data automatically recorded.
395.28 Special driving categories; other driving statuses.
395.30 ELD record submissions, edits, annotations, and data
retention.
395.32 Non-authenticated driver logs.
395.34 ELD malfunctions and data diagnostic events.
395.36 Driver access to records.
395.38 Incorporation by reference.
Appendix A to Subpart B of Part 395--Functional Specifications for
All Electronic Logging Devices (ELDS)

Subpart B--Electronic Logging Devices (ELDs)

Sec.  395.20  ELD applicability and scope.

    (a) Scope. This subpart applies to ELDs used to record a driver's
hours of service under Sec.  395.8(a).
    (b) Applicability. An ELD used after December 18, 2017 must meet
the requirements of this subpart.

Sec.  395.22  Motor carrier responsibilities--In general.

    (a) Registered ELD required. A motor carrier required to use an ELD
must use only an ELD that is listed on the Federal Motor Carrier Safety
Administration's registered ELDs list, accessible through the Agency's
Web site, www.fmcsa.dot.gov/devices.
    (b) User rights management. (1) This paragraph applies to a motor
carrier whose drivers use ELDs and to the motor carrier's support
personnel who have been authorized by the motor carrier to access ELD
records and make or suggest authorized edits.
    (2) A motor carrier must:
    (i) Manage ELD accounts, including creating, deactivating, and
updating accounts, and ensure that properly authenticated individuals
have ELD accounts with appropriate rights;
    (ii) Assign a unique ELD username to each user account with the
required user identification data;
    (iii) Ensure that a driver's license used in the creation of an ELD
driver account is valid and corresponds to the driver using the ELD
account; and
    (iv) Ensure that information entered to create a new account is
accurate.
    (c) Driver identification data. (1) The ELD user account assigned
by the motor carrier to a driver requires the following data elements:
    (i) A driver's first and last name, as reflected on the driver's
license;
    (ii) A unique ELD username selected by the motor carrier;
    (iii) The driver's valid driver's license number; and
    (iv) The State or jurisdiction that issued the driver's license.
    (2) The driver's license number or Social Security number must not
be used as, or as part of, the username for the account created on an
ELD.
    (d) Motor carrier support personnel identification data. The ELD
user account assigned by a motor carrier to support personnel requires
the following data elements:
    (1) The individual's first and last name, as reflected on a
government issued identification; and
    (2) A unique ELD username selected by the motor carrier.
    (e) Proper log-in required. The motor carrier must require that its
drivers and support personnel log into the ELD system using their
proper identification data.
    (f) Calibration. A motor carrier must ensure that an ELD is
calibrated and maintained in accordance with the provider's
specifications.
    (g) Portable ELDs. If a driver uses a portable ELD, the motor
carrier shall ensure that the ELD is mounted in a fixed position during
the operation of the commercial motor vehicle and visible to the driver
when the driver is seated in the normal driving position.
    (h) In-vehicle information. A motor carrier must ensure that its
drivers possess onboard a commercial motor vehicle an ELD information
packet containing the following items:
    (1) A user's manual for the driver describing how to operate the
ELD;
    (2) An instruction sheet for the driver describing the data
transfer mechanisms supported by the ELD and step-by-step instructions
for the driver to produce and transfer the driver's hours-of-service
records to an authorized safety official;
    (3) An instruction sheet for the driver describing ELD malfunction
reporting requirements and recordkeeping procedures during ELD
malfunctions; and
    (4) A supply of blank driver's records of duty status graph-grids
sufficient to record the driver's duty status and other related
information for a minimum of 8 days.
    (i) Record backup and security. (1) A motor carrier must retain for
6 months a back-up copy of the ELD records on a device separate from
that on which the original data are stored.
    (2) A motor carrier must retain a driver's ELD records so as to
protect a driver's privacy in a manner consistent with sound business
practices.
    (j) Record production. When requested by an authorized safety
official, a motor carrier must produce ELD records in an electronic
format either at the time of the request or, if the motor carrier has
multiple offices or terminals, within the time permitted under Sec.
390.29 of this subchapter.

Sec.  395.24  Driver responsibilities--In general.

    (a) In general. A driver must provide the information the ELD
requires as prompted by the ELD and required by the motor carrier.
    (b) Driver's duty status. A driver must input the driver's duty
status by selecting among the following categories available on the
ELD:
    (1) ``Off duty'' or ``OFF'' or ``1'';
    (2) ``Sleeper berth'' or ``SB'' or ``2'', to be used only if
sleeper berth is used;
    (3) ``Driving'' or ``D'' or ``3''; or
    (4) ``On-duty not driving'' or ``ON'' or ``4''.
    (c) Miscellaneous data. (1) A driver must manually input the
following information in the ELD:
    (i) Annotations, when applicable;
    (ii) Driver's location description, when prompted by the ELD; and
    (iii) Output file comment, when directed by an authorized safety
officer.
    (2) A driver must manually input or verify the following
information on the ELD:
    (i) Commercial motor vehicle power unit number;
    (ii) Trailer number(s), if applicable; and
    (iii) Shipping document number, if applicable.
    (d) Driver use of ELD. On request by an authorized safety official,
a driver must produce and transfer from an ELD the driver's hours-of-
service records in accordance with the instruction sheet provided by
the motor carrier.

Sec.  395.26  ELD data automatically recorded.

    (a) In general. An ELD provides the following functions and
automatically records the data elements listed in this section in
accordance with the requirements contained in appendix A to subpart B
of this part.
    (b) Data automatically recorded. The ELD automatically records the
following data elements:
    (1) Date;
    (2) Time;
    (3) CMV geographic location information;
    (4) Engine hours;
    (5) Vehicle miles;
    (6) Driver or authenticated user identification data;
    (7) Vehicle identification data; and
    (8) Motor carrier identification data.
    (c) Change of duty status. When a driver indicates a change of duty
status under Sec.  395.24(b), the ELD records the data elements in
paragraphs (b)(1) through (8) of this section.
    (d) Intermediate recording. (1) When a commercial motor vehicle is
in motion and there has not been a duty status change or another
intermediate recording in the previous 1 hour, the ELD automatically
records an intermediate recording that includes the data elements in
paragraphs (b)(1) through (8) of this section.
    (2) If the intermediate recording is created during a period when
the driver indicates authorized personal use of a commercial motor
vehicle, the data elements in paragraphs (b)(4) and (5) of this section
(engine hours and vehicle miles) will be left blank and paragraph
(b)(3) of this section (location) will be recorded with a single
decimal point resolution (approximately within a 10-mile radius).
    (e) Change in special driving category. If a driver indicates a
change in status under Sec.  395.28(a)(2), the ELD records the data
elements in paragraphs (b)(1) through (8) of this section.
    (f) Certification of the driver's daily record. The ELD provides a
function for recording the driver's certification of the driver's
records for every 24-hour period. When a driver certifies or
recertifies the driver's records for a given 24-hour period under Sec.
395.30(b)(2), the ELD records the date, time and driver identification
data elements in paragraphs (b)(1), (2), and (6) of this section.
    (g) Log in/log out. When an authorized user logs into or out of an
ELD, the ELD records the data elements in paragraphs (b)(1) and (2) and
(b)(4) through (8) of this section.
    (h) Engine power up/shut down. When a commercial motor vehicle's
engine is powered up or powered down, the ELD records the data elements
in paragraphs (b)(1) through (8) of this section.
    (i) Authorized personal use. If the record is created during a
period when the driver has indicated authorized personal use of a
commercial motor vehicle, the data element in paragraph (b)(3) of this
section is logged with a single decimal point resolution (approximately
within a 10-mile radius).
    (j) Malfunction and data diagnostic event. When an ELD detects or
clears a malfunction or data diagnostic event, the ELD records the data
elements in paragraphs (b)(1) and (2) and (b)(4) through (8) of this
section.

Sec.  395.28  Special driving categories; other driving statuses.

    (a) Special driving categories--(1) Motor carrier options. A motor
carrier may configure an ELD to authorize a driver to indicate that the
driver is operating a commercial motor vehicle under any of the
following special driving categories:
    (i) Authorized personal use; and
    (ii) Yard moves.
    (2) Driver's responsibilities. A driver operating a commercial
motor vehicle under one of the authorized categories listed in
paragraph (a)(1) of this section:
    (i) Must select on the ELD the applicable special driving category
before the start of the status and deselect when the indicated status
ends; and
    (ii) When prompted by the ELD, annotate the driver's ELD record
describing the driver's activity.
    (b) Drivers exempt from ELD use. A motor carrier may configure an
ELD to designate a driver as exempt from ELD use.
    (c) Other driving statuses. A driver operating a commercial motor
vehicle under any exception under Sec.  390.3(f) of this subchapter or
Sec.  395.1 who is not covered under paragraph (a) or (b) of this
section must annotate the driver's ELD record to explain the applicable
exemption.

Sec.  395.30  ELD record submissions, edits, annotations, and data
retention.

    (a) Accurate record keeping. A driver and the motor carrier must
ensure that the driver's ELD records are accurate.
    (b) Review of records and certification by driver. (1) A driver
must review the driver's ELD records, edit and correct inaccurate
records, enter any missing information, and certify the accuracy of the
information.
    (2) Using the certification function of the ELD, the driver must
certify the driver's records by affirmatively selecting ``Agree''
immediately following a statement that reads, ``I hereby certify that
my data entries and my record of duty status for this 24-hour period
are true and correct.'' The driver must certify the record immediately
after the final required entry has been made or corrected for the 24-
hour period.
    (3) The driver must submit the driver's certified ELD records to
the motor carrier in accordance with Sec.  395.8(a)(2).
    (4) If any edits are necessary after the driver submits the records
to the motor carrier, the driver must recertify the record after the
edits are made.
    (c) Edits, entries, and annotations. (1) Subject to the edit
limitations of an ELD, a driver may edit, enter missing information,
and annotate ELD recorded events. When edits, additions, or annotations
are necessary, a driver must use the ELD and respond to the ELD's
prompts.
    (2) The driver or support personnel must annotate each change or
addition to a record.
    (3) In the case of team drivers, if there were a mistake resulting
in the wrong driver being assigned driving-time hours

by the ELD, and if the team drivers were both indicated in each other's
records for that period as co-drivers, driving time may be edited and
reassigned between the team drivers following the procedure supported
by the ELD.
    (d) Motor carrier-proposed edits. (1) On review of a driver's
submitted records, the motor carrier may request edits to a driver's
records of duty status to ensure accuracy. A driver must confirm or
reject any proposed change, implement the appropriate edits on the
driver's record of duty status, and recertify and resubmit the records
in order for any motor carrier-proposed changes to take effect.
    (2) A motor carrier may not request edits to the driver's
electronic records before the records have been submitted by the
driver.
    (3) Edits requested by any system or by any person other than the
driver must require the driver's electronic confirmation or rejection.
    (e) Coercion prohibited. A motor carrier may not coerce a driver to
make a false certification of the driver's data entries or record of
duty status.
    (f) Motor carrier data retention requirements. A motor carrier must
not alter or erase, or permit or require alteration or erasure of, the
original information collected concerning the driver's hours of
service, the source data streams used to provide that information, or
information contained in any ELD that uses the original information and
HOS source data.

Sec.  395.32  Non-authenticated driver logs.

    (a) Tracking non-authenticated operation. The ELD must associate
the non-authenticated operation of a commercial motor vehicle with a
single account labeled ``Unidentified Driver'' as soon as the vehicle
is in motion, if no driver has logged into the ELD.
    (b) Driver. When a driver logs into an ELD, the driver must review
any unassigned driving time when prompted by the ELD and must:
    (1) Assume any records that belong to the driver under the driver's
account; or
    (2) Indicate that the records are not attributable to the driver.
    (c) Motor carrier. (1) A motor carrier must ensure that records of
unidentified driving are reviewed and must:
    (i) Annotate the record, explaining why the time is unassigned; or
    (ii) Assign the record to the appropriate driver to correctly
reflect the driver's hours of service.
    (2) A motor carrier must retain unidentified driving records for
each ELD for a minimum of 6 months from the date of receipt.
    (3) During a safety inspection, audit or investigation by an
authorized safety official, a motor carrier must make available
unidentified driving records from the ELD corresponding to the time
period for which ELD records are required.

Sec.  395.34  ELD malfunctions and data diagnostic events.

    (a) Recordkeeping during ELD malfunctions. In case of an ELD
malfunction, a driver must do the following:
    (1) Note the malfunction of the ELD and provide written notice of
the malfunction to the motor carrier within 24 hours;
    (2) Reconstruct the record of duty status for the current 24-hour
period and the previous 7 consecutive days, and record the records of
duty status on graph-grid paper logs that comply with Sec.  395.8,
unless the driver already possesses the records or the records are
retrievable from the ELD; and
    (3) Continue to manually prepare a record of duty status in
accordance with Sec.  395.8 until the ELD is serviced and brought back
into compliance with this subpart.
    (b) Inspections during malfunctions. When a driver is inspected for
hours of service compliance during an ELD malfunction, the driver must
provide the authorized safety official the driver's records of duty
status manually kept as specified under paragraphs (a)(2) and (3) of
this section.
    (c) Driver requirements during ELD data diagnostic events. If an
ELD indicates that there is a data inconsistency that generates a data
diagnostic event, the driver must follow the motor carrier's and ELD
provider's recommendations in resolving the data inconsistency.
    (d) Motor carrier requirements for repair, replacement, or service.
(1) If a motor carrier receives or discovers information concerning the
malfunction of an ELD, the motor carrier must take actions to correct
the malfunction of the ELD within 8 days of discovery of the condition
or a driver's notification to the motor carrier, whichever occurs
first.
    (2) A motor carrier seeking to extend the period of time permitted
for repair, replacement, or service of one or more ELDs shall notify
the FMCSA Division Administrator for the State of the motor carrier's
principal place of business within 5 days after a driver notifies the
motor carrier under paragraph (a)(1) of this section. Each request for
an extension under this section must be signed by the motor carrier and
must contain:
    (i) The name, address, and telephone number of the motor carrier
representative who files the request;
    (ii) The make, model, and serial number of each ELD;
    (iii) The date and location of each ELD malfunction as reported by
the driver to the carrier; and
    (iv) A concise statement describing actions taken by the motor
carrier to make a good faith effort to repair, replace, or service the
ELD units, including why the carrier needs additional time beyond the 8
days provided by this section.
    (3) If FMCSA determines that the motor carrier is continuing to
make a good faith effort to ensure repair, replacement, or service to
address the malfunction of each ELD, FMCSA may allow an additional
period.
    (4) FMCSA will provide written notice to the motor carrier of its
determination. The determination may include any conditions that FMCSA
considers necessary to ensure hours-of-service compliance. The
determination shall constitute a final agency action.
    (5) A motor carrier providing a request for extension that meets
the requirements of paragraph (d)(2) of this section is deemed in
compliance with Sec.  395.8(a)(1)(i) and (a)(2) until FMCSA makes an
extension determination under this section, provided the motor carrier
and driver continue to comply with the other requirements of this
section.

Sec.  395.36  Driver access to records.

    (a) Records on ELD. Drivers must be able to access their own ELD
records. A motor carrier must not introduce a process that would
require a driver to go through the motor carrier to obtain copies of
the driver's own ELD records if such records exist on or are
automatically retrievable through the ELD operated by the driver.
    (b) Records in motor carrier's possession. On request, a motor
carrier must provide a driver with access to and copies of the driver's
own ELD records unavailable under paragraph (a) of this section during
the period a motor carrier is required to retain the records under
Sec.  395.8(k).

Sec.  395.38  Incorporation by reference.

    (a) Incorporation by reference. Certain materials are incorporated
by reference in part 395, with the approval of the Director of the
Office of the Federal Register under 5 U.S.C. 552(a), and 1 CFR part
51. To enforce any edition other than that specified in this section,
the Federal Motor Carrier Safety Administration must publish notice of
the change in the Federal Register, and

the material must be available to the public. All approved material is
available for inspection at the Federal Motor Carrier Safety
Administration, Office of Analysis, Research and Technology, (800) 832-
5660, and is available from the sources listed below. It is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American National Standards Institute (ANSI). 11 West 42nd
Street, New York, New York 10036, http://webstore.ansi.org, (212) 642-
4900.
    (1) ANSI INCITS 4-1986 (R2012), American National Standard for
Information Systems--Coded Character Sets--7-Bit American National
Standard Code for Information Interchange (7-Bit ASCII), approved June
14, 2007, IBR in section <IP_ADDRESS>, Appendix A to subpart B.
    (2) ANSI INCITS 446-2008 (R2013), American National Standard for
Information Technology--Identifying Attributes for Named Physical and
Cultural Geographic Features (Except Roads and Highways) of the United
States, Territories, Outlying Areas, and Freely Associated Areas, and
the Waters of the Same to the Limit of the Twelve-Mile Statutory Zone,
approved October 28, 2008, IBR in section 4.4.2, Appendix A to subpart
B.
    (c) Bluetooth SIG, Inc. 5209 Lake Washington Blvd. NE., Suite 350,
Kirkland, WA 98033, https://www.bluetooth.org/Technical/Specifications/adopted.htm,<PHONE_NUMBER>.
    (1) Bluetooth SIG, Inc., Specification of the Bluetooth System:
Wireless Connections Made Easy, Covered Core Package version 2.1 + EDR,
volumes 0 through 4, approved July 26, 2007, IBR in sections 4.9.1,
4.9.2, <IP_ADDRESS>, 4.10.2, Appendix A to subpart B.
    (2) [Reserved]
    (d) Institute of Electrical and Electronic Engineers (IEEE)
Standards Association. 445 Hoes Lane, Piscataway, NJ 08854-4141, http://standards.ieee.org/index.html,<PHONE_NUMBER>.
    (1) IEEE Std 1667-2009, IEEE Standard for Authentication in Host
Attachments of Transient Storage Devices, approved 11 November 2009,
IBR in section <IP_ADDRESS>, Appendix A to subpart B.
    (2) [Reserved]
    (e) Internet Engineering Task Force (IETF). C/o Association
Management Solutions, LLC (AMS) 48377 Freemont Blvd., Suite 117,
Freemont, CA 94538,<PHONE_NUMBER>.
    (1) IETF RFC 3565, Use of the Advanced Encryption Standard (AES)
Encryption Algorithm in Cryptographic Message Syntax (CMS), approved
July 2003, IBR in section <IP_ADDRESS>, Appendix A to subpart B.
    (2) IETF RFC 4056, Use of the RSASSA-PSS Signature Algorithm in
Cryptographic Message Syntax (CMS), approved June 2005, IBR in section
<IP_ADDRESS>, Appendix A to subpart B.
    (3) IETF RFC 5246, The Transport Layer Security (TLS) Protocol
Version 1.2, approved August 2008, IBR in section <IP_ADDRESS>, Appendix A
to subpart B.
    (4) IETF RFC 5321, Simple Mail Transfer Protocol, approved October
2008, IBR in section <IP_ADDRESS>, Appendix A to subpart B.
    (5) IETF RFC 5322, Internet Message Format, approved October 2008,
IBR in section <IP_ADDRESS>, Appendix A to subpart B.
    (6) IETF RFC 5751, Secure/Multipurpose Internet Mail Extensions (S/
MIME) Version 3.2, Message Specification, approved January 2010, IBR in
section <IP_ADDRESS>, Appendix A to subpart B.
    (7) IETF RFC 7230, Hypertext Transfer Protocol (HTTP/1.1): Message
Syntax and Routing, approved June 2014, IBR in section <IP_ADDRESS>,
Appendix A to subpart B.
    (8) IETF RFC 7231, Hypertext Transfer Protocol (HTTP/1.1):
Semantics and Content, approved June 2014, IBR in section <IP_ADDRESS>,
Appendix A to subpart B.
    (f) National Institute of Standards and Technology (NIST). 100
Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070, http://www.nist.gov,<PHONE_NUMBER>.
    (1) Federal Information Processing Standards Publication (FIPS PUB)
197, Advanced Encryption Standard (AES), approved November 26, 2001,
IBR in sections <IP_ADDRESS> and <IP_ADDRESS>, Appendix A to subpart B.
    (2) SP 800-32, Introduction to Public Key Technology and the
Federal PKI Infrastructure, approved February 26, 2001, IBR in section
<IP_ADDRESS>, Appendix A to subpart B.
    (g) Universal Serial Bus Implementers Forum (USBIF). 3855 SW. 153rd
Drive, Beaverton, Oregon 97006, http://www.usb.org,<PHONE_NUMBER>.
    (1) USB Implementers Forum, Inc., Universal Serial Bus
Specification, Revision 2.0, approved April 27, 2000, as revised
through April 3, 2015, IBR in sections 4.9.1, 4.9.2, <IP_ADDRESS>, and
4.10.2, Appendix A to subpart B.
    (2) [Reserved]
    (h) World Wide Web Consortium (W3C). 32 Vassar Street, Building 32-
G514, Cambridge, MA 02139, http://www.w3.org,<PHONE_NUMBER>.
    (1) W3C Recommendation 27, SOAP Version 1.2 Part 1: Messaging
Framework (Second Edition), including errata, approved April 2007, IBR
in section <IP_ADDRESS>, Appendix A to subpart B.
    (2) [Reserved]

Appendix A to Subpart B of Part 395--Functional Specifications for All
Electronic Logging Devices (ELDs)

Table of Contents

1. Scope and Description Scope
    1.1. ELD Function
    1.2. System Users
    1.3. System Architecture
    1.4. System Design
    1.5. Sections of Appendix
2. Abbreviations
3. Definitions; Notations
    3.1. Definitions
    3.1.1. Databus
    3.1.2. ELD Event
    3.1.3. Exempt Driver
    3.1.4. Geo-Location
    3.1.5. Ignition Power Cycle, Ignition Power On Cycle, Ignition
Power Off Cycle
    3.1.6. Unidentified Driver
    3.2. Notations
4. Functional Requirements
    4.1. ELD User Accounts
    4.1.1. Account Types
    4.1.2. Account Creation
    4.1.3. Account Security
    4.1.4. Account Management
    4.1.5. Non-Authenticated Operation
    4.2. ELD-Vehicle Interface
    4.3. ELD Inputs
    4.3.1. ELD Sensing
    <IP_ADDRESS>. Engine Power Status
    <IP_ADDRESS>. Vehicle Motion Status
    <IP_ADDRESS>. Vehicle Miles
    <IP_ADDRESS>. Engine Hours
    <IP_ADDRESS>. Date and Time
    <IP_ADDRESS>. CMV Position
    <IP_ADDRESS>. CMV VIN
    4.3.2. Driver's Manual Entries
    <IP_ADDRESS>. Driver's Entry of Required Event Data Fields
    <IP_ADDRESS>. Driver's Status Inputs
    <IP_ADDRESS>.1. Driver's Indication of Duty Status
    <IP_ADDRESS>.2. Driver's Indication of Situations Impacting Driving
Time Recording
    <IP_ADDRESS>. Driver's Certification of Records
    <IP_ADDRESS>. Driver's Data Transfer Initiation Input
    <IP_ADDRESS>. Driver's Entry of an Output File Comment
    <IP_ADDRESS>. Driver's Annotation of Records
    <IP_ADDRESS>. Driver's Entry of Location Information
    <IP_ADDRESS>. Driver's Record Entry/Edit
    <IP_ADDRESS>.1 Mechanism for Driver Edits and Annotations
    <IP_ADDRESS>.2 Driver Edit Limitations
    4.3.3. Motor Carrier's Manual Entries
    <IP_ADDRESS>. ELD Configuration
    <IP_ADDRESS>.1. Configuration of Available Categories Impacting
Driving Time Recording

    <IP_ADDRESS>.2. Configuration of Using ELDs
    <IP_ADDRESS>.3. Motor Carrier's Post-Review Electronic Edit Request
    4.4. ELD Processing and Calculations
    4.4.1. Conditions for Automatic Setting of Duty Status
    <IP_ADDRESS>. Automatic Setting of Duty Status to Driving
    <IP_ADDRESS>. Automatic Setting of Duty Status to On-Duty Not Driving
    <IP_ADDRESS>. Other Automatic Duty-Status Setting Actions Prohibited
    4.4.2. Geo-Location Conversions
    4.4.3. Date and Time Conversions
    4.4.4. Setting of Event Parameters in Records, Edits, and
Entries
    <IP_ADDRESS>. Event Sequence Identifier (ID) Number
    <IP_ADDRESS>. Event Record Status, Event Record Origin, Event Type
Setting
    <IP_ADDRESS>.1. Records Automatically Logged by ELD
    <IP_ADDRESS>.2. Driver Edits
    <IP_ADDRESS>.3. Driver Entries
    <IP_ADDRESS>.4. Driver's Assumption of Unidentified Driver Logs
    <IP_ADDRESS>.5. Motor Carrier Edit Suggestions
    <IP_ADDRESS>.6. Driver's Actions Over Motor Carrier Edit Suggestions
    4.4.5. Data Integrity Check Functions
    <IP_ADDRESS>. Event Data Check
    <IP_ADDRESS>.1. Event Checksum Calculation
    <IP_ADDRESS>.2. Event Data Check Calculation
    <IP_ADDRESS>. Line Data Check
    <IP_ADDRESS>.1. Line Checksum Calculation
    <IP_ADDRESS>.2. Line Data Check Calculation
    <IP_ADDRESS>.3. Line Data Check Value Inclusion in Output File
    <IP_ADDRESS>. File Data Check
    <IP_ADDRESS>.1. File Checksum Calculation
    <IP_ADDRESS>.2. File Data Check Value Calculation
    <IP_ADDRESS>.3. File Data Check Value Inclusion in Output File.
    4.5. ELD Recording
    4.5.1. Events and Data To Record
    <IP_ADDRESS>. Event: Change in Driver's Duty Status
    <IP_ADDRESS>. Event: Intermediate Logs
    <IP_ADDRESS>. Event: Change in Driver's Indication of Allowed
Conditions that Impact Driving Time Recording
    <IP_ADDRESS>. Event: Driver's Certification of Own Records
    <IP_ADDRESS>. Event: Driver's Login/Logout Activity
    <IP_ADDRESS>. Event: CMV's Engine Power Up and Shut Down Activity
    <IP_ADDRESS>. Event: ELD Malfunction and Data Diagnostics Occurrence
    4.6. ELD's Self-Monitoring of Required Functions
    4.6.1. Compliance Self-Monitoring, Malfunctions and Data
Diagnostic Events
    <IP_ADDRESS>. Power Compliance Monitoring
    <IP_ADDRESS>. Engine Synchronization Compliance Monitoring
    <IP_ADDRESS>. Timing Compliance Monitoring
    <IP_ADDRESS>. Positioning Compliance Monitoring
    <IP_ADDRESS>. Data Recording Compliance Monitoring
    <IP_ADDRESS>. Monitoring Records Logged under the Unidentified Driver
Profile
    <IP_ADDRESS>. Data Transfer Compliance Monitoring
    <IP_ADDRESS>. Other Technology-Specific Operational Health Monitoring
    4.6.2. ELD Malfunction Status Indicator
    <IP_ADDRESS>. Visual Malfunction Indicator
    4.6.3. ELD Data Diagnostic Status Indicator
    <IP_ADDRESS>. Visual Data Diagnostics Indicator
    4.7. Special Purpose ELD Functions
    4.7.1. Driver's ELD Volume Control
    4.7.2. Driver's Access To Own ELD Records
    4.7.3. Privacy Preserving Provision for Use During Personal Uses
of a CMV
    4.8. ELD Outputs
    4.8.1. Printout or Display
    <IP_ADDRESS>. Print Paper Requirements
    <IP_ADDRESS>. Display Requirements
    <IP_ADDRESS>. Information To Be Shown on the Printout and Display at
Roadside
    4.8.2. ELD Data File
    <IP_ADDRESS>. ELD Output File Standard
    <IP_ADDRESS>.1. Header Segment
    <IP_ADDRESS>.2. User List
    <IP_ADDRESS>.3. CMV List
    <IP_ADDRESS>.4. ELD Event List for Driver's Record of Duty Status
    <IP_ADDRESS>.5. Event Annotations, Comments, and Driver's Location
Description
    <IP_ADDRESS>.6. ELD Event List for Driver's Certification of Own
Records
    <IP_ADDRESS>.7. Malfunction and Diagnostic Event Records
    <IP_ADDRESS>.8. ELD Login/Logout Report
    <IP_ADDRESS>.9. CMV's Engine Power-Up and Shut Down Activity
    <IP_ADDRESS>.10. ELD Event Log List for the Unidentified Driver
Profile
    <IP_ADDRESS>.11. File Data Check Value
    <IP_ADDRESS>. ELD Output File Name Standard
    4.9. Data Transfer Capability Requirements
    4.9.1. Data Transfer During Roadside Safety Inspections
    4.9.2. Motor Carrier Data Reporting
    4.10. Communications Standards for the Transmittal of Data Files
From ELDs
    4.10.1. Data Transfer Mechanisms
    <IP_ADDRESS>. Wireless Data Transfer via Web Services
    <IP_ADDRESS>. Wireless Data Transfer Through E-Mail
    <IP_ADDRESS>. Data Transfer via USB 2.0
    <IP_ADDRESS> Wireless Data Transfer via Bluetooth[supreg]
    4.10.2. Motor Carrier Data Transmission
5. ELD Registration and Certification
    5.1. ELD Provider's Registration
    5.1.1. Registering Online
    5.1.2. Keeping Information Current
    5.1.3. Authentication Information Distribution
    5.2. Certification of Conformity With FMCSA Standards
    5.2.1. Online Certification
    5.2.2. Procedure To Validate an ELD's Authenticity
    5.3. Publicly Available Information
    5.4. Removal of Listed Certification
    5.4.1. Removal Process
    5.4.2. Notice
    5.4.3. Response
    5.4.4. Agency Action
    5.4.5. Administrative Review
6. References
7. Data Elements Dictionary
    7.1. 24-Hour Period Starting Time
    7.2. Carrier Name
    7.3. Carrier's USDOT Number
    7.4. CMV Power Unit Number
    7.5. CMV VIN
    7.6. Comment/Annotation
    7.7. Data Diagnostic Event Indicator Status
    7.8. Date
    7.9. Distance Since Last Valid Coordinates
    7.10. Driver's License Issuing State
    7.11. Driver's License Number
    7.12. Driver's Location Description
    7.13. ELD Account Type
    7.14. ELD Authentication Value
    7.15. ELD Identifier
    7.16. ELD Provider
    7.17. ELD Registration ID
    7.18. ELD Username
    7.19. Engine Hours
    7.20. Event Code
    7.21. Event Data Check Value
    7.22. Event Record Origin
    7.23. Event Record Status
    7.24. Event Sequence ID Number
    7.25. Event Type
    7.26. Exempt Driver Configuration
    7.27. File Data Check Value
    7.28. First Name
    7.29. Geo-Location
    7.30. Last Name
    7.31. Latitude
    7.32. Line Data Check Value
    7.33. Longitude
    7.34. Malfunction/Diagnostic Code
    7.35. Malfunction Indicator Status
    7.36. Multiday Basis Used
    7.37. Order Number
    7.38. Output File Comment
    7.39. Shipping Document Number
    7.40. Time
    7.41. Time Zone Offset from UTC
    7.42. Trailer Number(s)
    7.43. Vehicle Miles

1. Scope and Description

    (a) This appendix specifies the minimal requirements for an
electronic logging device (ELD) necessary for an ELD provider to
build and certify that its technology is compliant with this
appendix.

1.1. ELD Function

    The ELD discussed in this appendix is an electronic module
capable of recording the electronic records of duty status for CMV
drivers using the unit in a driving environment within a CMV and
meets the compliance requirements in this appendix.

1.2. System Users

    Users of ELDs are:
    (a) CMV drivers employed by a motor carrier; and
    (b) Support personnel who have been authorized by the motor
carrier to:
    (1) Create, remove, and manage user accounts;
    (2) Configure allowed ELD parameters; and
    (3) Access, review, and manage drivers' ELD records on behalf of
the motor carrier.

1.3. System Architecture

    An ELD may be implemented as a stand-alone technology or within
another electronic module. It may be installed in a CMV or may be
implemented on a handheld unit that may be moved from vehicle to
vehicle. The functional requirements are the same for all types of
system architecture that may be used in implementing the ELD
functionality.

1.4. System Design

    (a) An ELD is integrally synchronized with the engine of the CMV
such that driving time can be automatically recorded for the driver
operating the CMV and using the ELD.
    (b) An ELD allows for manual inputs from the driver and the
motor carrier support personnel and automatically captures date and
time, vehicle position, and vehicle operational parameters.
    (c) An ELD records a driver's electronic RODS and other
supporting events with the required data elements specified in this
appendix and retains data to support the performance requirements
specified in this appendix.
    (d) An ELD generates a standard data file output and transfers
it to an authorized safety official upon request.
    (e) This appendix specifies minimally required data elements
that must be part of an event record such that a standard ELD output
file can be produced by all compliant ELDs.
    (f) Figure 1 provides a visual layout of how this appendix is
generally organized to further explain the required sub-functions of
an ELD.
[GRAPHIC] [TIFF OMITTED] TR16DE15.000

1.5. Sections of Appendix

    (a) Section 2 lists the abbreviations used throughout this
appendix.
    (b) Section 3 provides definitions for terms and notations used
in this document.
    (c) Section 4 lists functional requirements for an ELD. More
specifically, section 4.1 describes the security requirements for
account management within an ELD system and introduces the term
``Unidentified Driver'' account. Section 4.2 explains internal
engine synchronization requirements and its applicability when used
in recording a driver's record of duty status in CMVs. Section 4.3
describes the inputs of an ELD which includes automatically measured
signals by the ELD as covered in section 4.3.1, and manual entries
by the authenticated driver as covered in section 4.3.2 and by the
motor carrier as covered in section 4.3.3. The ELD requirements for
internal processing and tracking of information flow are described
in section 4.4, which includes conditions for and prohibitions
against automatic setting of duty-status in section 4.4.1, required
geo-location and date and time conversion functions in sections
4.4.2 and 4.4.3, respectively, use of event attributes for tracking
of edit and entry history in section 4.4.4, and the use of data
check functions in the recording of ELD logs in section 4.4.5 as
standard security measures for all ELDs. Section 4.5 describes the
events an ELD must record and the data elements each type of event
must include. Section 4.6 introduces device self-monitoring
requirements and standardizes the minimal set of malfunctions and
data diagnostic events an ELD must be able to detect. Section 4.7
introduces technical functions that are intended to guard a driver
against harassment and introduces a privacy preserving provision
when a driver operates a CMV for personal purposes. Section 4.8
explains ELD outputs, which are the information displayed to a user
and the standard data output file an ELD must produce. Sections 4.9
and 4.10, respectively, describe the data reporting requirements and
the communications protocols.
    (d) Section 5 describes the ELD certification and registration
process.
    (e) Section 6 lists the cited references throughout this
appendix.
    (f) Section 7 provides a data elements dictionary referencing
each data element identified in this appendix.

2. Abbreviations

3pDP Third-Party Developers' Partnership
ASCII American Standard Code for Information Interchange
CAN Control Area Network
CMV Commercial Motor Vehicle
ECM Electronic Control Module
ELD Electronic Logging Device
FMCSA Federal Motor Carrier Safety Administration
HOS Hours of Service
HTTP Hypertext Transfer Protocol
HTTPS Hypertext Transfer Protocol Secure
ICD Interface Control Document
SAFER Safety and Fitness Electronic Records
RFC Request for Comments
RODS Records of Duty Status
TLS Transport Layer Security
UCT Coordinated Universal Time
USB Universal Serial Bus
WSDL Web Services Definition Language
XML Extensible Markup Language
XOR Exclusive Or {bitwise binary operation{time}

3. Definitions; Notations

3.1. Definitions

3.1.1. Databus

    A vehicle databus refers to an internal communications network
that interconnects components inside a vehicle and facilitates
exchange of data between subsystems typically using serial or
control area network protocols.

3.1.2. ELD Event

    An ELD event refers to a discrete instance in time when the ELD
records data with the data elements specified in this appendix. The
discrete ELD events relate to the driver's duty status and ELD's
operational integrity. They are either triggered by input from the
driver (driver's duty status changes, driver's login/logout
activity, etc.) or triggered by the ELD's internal monitoring
functions (ELD malfunction detection, data diagnostics detection,
intermediate logs, etc.). ELD events and required data elements for
each type of ELD event are described in detail in section 4.5.1 of
this appendix.

3.1.3. Exempt Driver

    As specified in further detail in section <IP_ADDRESS>.2 of this
appendix, an ELD must allow a motor carrier to configure an ELD for
a driver who may be exempt from the use of the ELD. An example of an
exempt driver would be a driver operating under the short-haul
exemption in Sec.  395.1(e) of this part (100 air-mile radius driver
and non-CDL 150-air mile radius driver). Even though exempt drivers
do not have to use an ELD, in operations when an ELD equipped CMV
may be shared between exempt and non-exempt drivers, motor carriers
can use this allowed configuration to avoid issues with unidentified
driver data diagnostics errors.

3.1.4. Geo-Location

    Geo-location is the conversion of a position measurement in
latitude/longitude coordinates into a description of the distance
and direction to a recognizable nearby location name. Geo-location
information is used on an ELD's display or printout.

3.1.5. Ignition Power Cycle, Ignition Power On Cycle, Ignition Power
Off Cycle

    (a) An ignition power cycle refers to the engine's power status
changing from ``on to off'' or ``off to on'', typically with the
driver controlling engine power status by switching the ignition key
positions.
    (b) An ignition power on cycle refers to the engine power
sequence changing from ``off to on and then off''. This refers to a
continuous period when a CMV's engine is powered.
    (c) An ignition power off cycle refers to the engine power
sequence changing from ``on to off and then on''. This refers to a
continuous period when a CMV's engine is not powered.

3.1.6. Unidentified Driver

    ``Unidentified Driver'' refers to the operation of a CMV
featuring an ELD without an authenticated driver logging in the
system. Functional specifications in this appendix require an ELD to
automatically capture driving time under such conditions and
attribute such records to the unique ``Unidentified Driver
account,'' as specified in section 4.1.5 of this appendix, until the
motor carrier and the driver review the records and they are
assigned to the true and correct owner, as described in Sec.  395.32
of this part.

3.2. Notations

    Throughout this appendix the following notations are used when
data elements are referenced.
    (a) < . > indicates a parameter an ELD must track. For example
refers to the unique  or identifier specified during
the creation of an ELD account with the requirements set forth in
section 7.18 of this appendix.
    (b) { .{time}  indicates which of multiple values of a parameter
is being referenced. For example  refers specifically to the ELD username for the co-
driver.
    (c)  indicates a carriage return or new line or end of the
current line. This notation is used in section 4.8.2 of this
appendix, which describes the standard ELD output file.

4. Functional Requirements

4.1. ELD User Accounts

4.1.1. Account Types

    An ELD must support a user account structure that separates
drivers and motor carrier's support personnel (i.e. non-drivers).

4.1.2. Account Creation

    (a) Each user of the ELD must have a valid active account on the
ELD with a unique identifier assigned by the motor carrier.
    (b) Each driver account must require the entry of the driver's
license number and the State or jurisdiction that issued the
driver's license into the ELD during the account creation process.
The driver account must securely store this information on the ELD.
    (c) An ELD must not allow creation of more than one driver
account associated with a driver's license for a given motor
carrier.
    (d) A driver account must not have administrative rights to
create new accounts on the ELD.
    (e) A support personnel account must not allow recording of ELD
data for its account holder.
    (f) An ELD must reserve a unique driver account for recording
events during non-authenticated operation of a CMV. This appendix
will refer to this account as the ``unidentified driver account.''

4.1.3. Account Security

    (a) An ELD must provide secure access to data recorded and
stored on the system by requiring user authentication during system
login.
    (b) Driver accounts must only have access to data associated
with that driver, protecting the authenticity and confidentiality of
the collected information.

4.1.4. Account Management

    (a) An ELD must be capable of separately recording and retaining
ELD data for each individual driver using the ELD.
    (b) An ELD must provide for and require concurrent
authentication for team drivers.
    (c) If more than one ELD unit is used to record a driver's
electronic records within a motor carrier's operation, the ELD in
the vehicle the driver is operating most recently must be able to
produce a complete ELD report for that driver, on demand, for the
current 24-hour period and the previous 7 consecutive days.

4.1.5. Non-Authenticated Operation

    (a) An ELD must associate all non-authenticated operation of a
CMV with a single ELD account labeled unidentified driver.
    (b) If a driver does not log onto the ELD, as soon as the
vehicle is in motion, the ELD must:
    (1) Provide a visual or visual and audible warning reminding the
driver to stop and log in to the ELD;
    (2) Record accumulated driving and on-duty, not-driving, time in
accordance with the ELD defaults described in section 4.4.1 of this
appendix under the unidentified driver profile; and
    (3) Not allow entry of any information into the ELD other than a
response to the login prompt.

4.2. ELD-Vehicle Interface

    (a) An ELD must be integrally synchronized with the engine of
the CMV. Engine synchronization for purposes of ELD compliance means
the monitoring of the vehicle's engine operation to automatically
capture the engine's power status, vehicle's motion status, miles
driven value, and engine hours value when the CMV's engine is
powered.
    (b) An ELD used while operating a CMV that is a model year 2000
or later model year, as indicated by the vehicle identification
number (VIN), that has an engine electronic control module (ECM)
must establish a link to the engine ECM when the CMV's engine is
powered and receive automatically the engine's power status,
vehicle's motion status, miles driven value, and engine hours value
through the serial or Control Area Network communication protocols
supported by the vehicle's engine ECM. If the vehicle does not have
an ECM, an ELD may use alternative sources to obtain or estimate
these

vehicle parameters with the listed accuracy requirements under
section 4.3.1 of this appendix.

4.3. ELD Inputs

4.3.1. ELD Sensing

<IP_ADDRESS>. Engine Power Status

    An ELD must be powered and become fully functional within 1
minute of the vehicle's engine receiving power and must remain
powered for as long as the vehicle's engine stays powered.

<IP_ADDRESS>. Vehicle Motion Status

    (a) An ELD must automatically determine whether a CMV is in
motion or stopped by comparing the vehicle speed information with
respect to a set speed threshold as follows:
    (1) Once the vehicle speed exceeds the set speed threshold, it
must be considered in motion.
    (2) Once in motion, the vehicle must be considered in motion
until its speed falls to 0 miles per hour and stays at 0 miles per
hour for 3 consecutive seconds. Then, the vehicle will be considered
stopped.
    (3) An ELD's set speed threshold for determination of the in-
motion state for the purpose of this section must not be
configurable to greater than 5 miles per hour.
    (b) If an ELD is required to have a link to the vehicle's engine
ECM, vehicle speed information must be acquired from the engine ECM.
Otherwise, vehicle speed information must be acquired using an
independent source apart from the positioning services described
under section <IP_ADDRESS> of this appendix and must be accurate within
3 miles per hour of the CMV's true ground speed for
purposes of determining the in-motion state for the CMV.

<IP_ADDRESS>. Vehicle Miles

    (a) An ELD must monitor vehicle miles as accumulated by a CMV
over the course of an ignition power on cycle (accumulated vehicle
miles) and over the course of CMV's operation (total vehicle miles).
Vehicle miles information must use or must be converted to units of
whole miles.
    (b) If the ELD is required to have a link to the vehicle's
engine ECM as specified in section 4.2 of this appendix:
    (1) The ELD must monitor the engine ECM's odometer message
broadcast and use it to log total vehicle miles information; and
    (2) The ELD must use the odometer message to determine
accumulated vehicle miles since engine's last power on instance.
    (c) If the ELD is not required to have a link to the vehicle's
engine ECM as specified in section 4.2 of this appendix, the
accumulated vehicle miles indication must be obtained or estimated
from a source that is accurate to within 10% of miles
accumulated by the CMV over a 24-hour period as indicated on the
vehicle's odometer display.

<IP_ADDRESS>. Engine Hours

    (a) An ELD must monitor engine hours of the CMV over the course
of an ignition power on cycle (elapsed engine hours) and over the
course of the total engine hours of the CMV's operation. Engine
hours must use or must be converted to hours in intervals of a tenth
of an hour.
    (b) If an ELD is required to have a link to the vehicle's engine
ECM, the ELD must monitor the engine ECM's total engine hours
message broadcast and use it to log total engine hours information.
Otherwise, engine hours must be obtained or estimated from a source
that monitors the ignition power of the CMV and must be accurate
within 0.1 hour of the engine's total operation within a
given ignition power on cycle.

<IP_ADDRESS>. Date and Time

    (a) The ELD must obtain and record the date and time information
automatically without allowing any external input or interference
from a motor carrier, driver, or any other person.
    (b) The ELD time must be synchronized to Coordinated Universal
Time (UCT) and the absolute deviation from UCT must not exceed 10
minutes at any point in time.

<IP_ADDRESS>. CMV Position

    (a) An ELD must determine automatically the position of the CMV
in standard latitude/longitude coordinates with the accuracy and
availability requirements of this section.
    (b) The ELD must obtain and record this information without
allowing any external input or interference from a motor carrier,
driver, or any other person.
    (c) CMV position measurement must be accurate to 0.5
mile of absolute position of the CMV when an ELD measures a valid
latitude/longitude coordinate value.
    (d) Position information must be obtained in or converted to
standard signed latitude and longitude values and must be expressed
as decimal degrees to hundreds of a degree precision (i.e., a
decimal point and two decimal places).
    (e) Measurement accuracy combined with the reporting precision
requirement implies that position reporting accuracy will be on the
order of 1mile of absolute position of the CMV during
the course of a CMV's commercial operation.
    (f) During periods of a driver's indication of personal use of
the CMV, the measurement reporting precision requirement is reduced
to tenths of a degree (i.e., a decimal point and single decimal
place) as further specified in section 4.7.3 of this appendix.
    (g) An ELD must be able to acquire a valid position measurement
at least once every 5 miles of driving; however, the ELD records CMV
location information only during ELD events as specified in section
4.5.1 of this appendix.

<IP_ADDRESS>. CMV VIN

    The vehicle identification number (VIN) for the power unit of a
CMV must be automatically obtained from the engine ECM and recorded
if it is available on the vehicle databus.

4.3.2. Driver's Manual Entries

    (a) An ELD must prompt the driver to input information into the
ELD only when the CMV is stationary and driver's duty status is not
on-duty driving, except for the condition specified in section
<IP_ADDRESS> of this appendix.
    (b) If the driver's duty status is driving, an ELD must only
allow the driver who is operating the CMV to change the driver's
duty status to another duty status.
    (c) A stopped vehicle must maintain zero (0) miles per hour
speed to be considered stationary for purposes of information entry
into an ELD.
    (d) An ELD must allow an authenticated co-driver who is not
driving, but who has logged into the ELD prior to the vehicle being
in motion, to make entries over his or her own records when the
vehicle is in motion. The ELD must not allow co-drivers to switch
driving roles when the vehicle is in motion.

<IP_ADDRESS>. Driver's Entry of Required Event Data Fields

    (a) An ELD must provide a means for a driver to enter
information pertaining to the driver's ELD records manually, e.g.,
CMV power unit number, as specified in section 7.4 of this appendix;
trailer number(s), as specified in section 7.42; and shipping
document number, as specified in section 7.39.
    (b) If the motor carrier populates these fields automatically,
the ELD must provide means for the driver to review such information
and make corrections as necessary.

<IP_ADDRESS>. Driver's Status Inputs

<IP_ADDRESS>.1. Driver's Indication of Duty Status

    (a) An ELD must provide a means for the authenticated driver to
select a driver's duty status.
    (b) The ELD must use the ELD duty status categories listed in
Table 1 of this appendix.

[GRAPHIC] [TIFF OMITTED] TR16DE15.001

<IP_ADDRESS>.2. Driver's Indication of Situations Impacting Driving Time
Recording

    (a) An ELD must provide the means for a driver to indicate the
beginning and end of a period when the driver may use the CMV for
authorized personal use or for performing yard moves. The ELD must
acquire this status in a standard format from the category list in
Table 2 of this appendix. This list must be supported independent of
the duty status categories described in section <IP_ADDRESS>.1 of this
appendix.
[GRAPHIC] [TIFF OMITTED] TR16DE15.002

    (b) An ELD must allow a driver to select only categories that a
motor carrier enables by configuration for that driver, as described
in section <IP_ADDRESS>.1 of this appendix.
    (c) An ELD must only allow one category to be selected at any
given time and use the latest selection by the driver.
    (d) The ELD must prompt the driver to enter an annotation upon
selection of a category from Table 2 of this appendix and record the
driver's entry.
    (e) A driver's indication of special driving situation must
reset to none if the ELD or CMV's engine goes through a power off
cycle (ELD or CMV's engine turns off and then on) except if the
driver has indicated authorized personal use of CMV. If the driver
has indicated authorized personal use of the CMV, the ELD must
require confirmation of continuation of the authorized personal use
of CMV condition by the driver. If not confirmed by the driver and
the vehicle is in motion, the ELD must default to none.

<IP_ADDRESS>. Driver's Certification of Records

    (a) An ELD must include a function whereby a driver can certify
the driver's records at the end of a 24-hour period.
    (1) This function, when selected, must display a statement that
reads ``I hereby certify that my data entries and my record of duty
status for this 24-hour period are true and correct.''
    (2) An ELD must prompt the driver to select ``Agree'' or ``Not
ready.'' An ELD must record the driver's affirmative selection of
``Agree'' as an event.
    (b) An ELD must only allow the authenticated driver to certify
records associated with that driver.
    (c) If any edits are necessary after the driver certifies the
records for a given 24-hour period, the ELD must require and prompt
the driver to re-certify the updated records.
    (d) If there are any past records on the ELD (excluding the
current 24-hour period) that require certification or re-
certification by the driver, the ELD must indicate the required
driver action on the ELD's display and prompt the driver to take the
necessary action during the login and logout processes.

<IP_ADDRESS>. Driver's Data Transfer Initiation Input

    (a) An ELD must provide a standardized single-step driver
interface for compilation of driver's ELD records and initiation of
the data transfer to authorized safety officials when requested
during a roadside inspection.
    (b) The ELD must input the data transfer request from the
driver, require confirmation, present and request selection of the
supported data transfer options by the ELD, and prompt for entry of
the output file comment as specified in section <IP_ADDRESS> of this
appendix. Upon confirmation, the ELD must generate the compliant
output file and perform the data transfer.
    (c) The supported single-step data transfer initiation mechanism
(such as a switch or an icon on a touch-screen display) must be
clearly marked and visible to the driver when the vehicle is
stopped.

<IP_ADDRESS>. Driver's Entry of an Output File Comment

    An ELD must accommodate the entry of an output file comment up
to 60 characters long. If an authorized safety official provides a
key phrase or code during an inspection to be included in the output
file comment, it must be entered and embedded in the electronic ELD
records in the exchanged dataset as specified in section <IP_ADDRESS>.1
of this appendix. The default value for the output file comment must
be blank. This output file comment must be used only for the
creation of the related data files for the intended time, place, and
ELD user.

<IP_ADDRESS>. Driver's Annotation of Records

    (a) An ELD must allow a driver to add annotations in text format
to recorded, entered, or edited ELD events.
    (b) The ELD must require annotations to be 4 characters or
longer, including embedded spaces if driver annotation is required
and driver is prompted by the ELD.

<IP_ADDRESS>. Driver's Entry of Location Information

    (a) An ELD must allow manual entry of a CMV's location by the
driver in text format in support of the driver edit requirements
described in section <IP_ADDRESS> of this appendix.
    (b) The driver's manual location entry must be available as an
option to a driver only when prompted by the ELD under allowed
conditions as described in section <IP_ADDRESS> of this appendix.
    (c) A manual location entry must show ``M'' in the latitude/
longitude coordinates fields in ELD records.

<IP_ADDRESS>. Driver's Record Entry/Edit

    (a) An ELD must provide a mechanism for a driver to review,
edit, and annotate the driver's ELD records when a notation of
errors or omissions is necessary or enter the driver's missing ELD
records subject to the requirements specified in this section.
    (b) An ELD must not permit alteration or erasure of the original
information collected concerning the driver's ELD records or
alteration of the source data streams used to provide that
information.

<IP_ADDRESS>.1. Mechanism for Driver Edits and Annotations

    (a) If a driver edits or annotates an ELD record or enters
missing information, the act must not overwrite the original record.
    (b) The ELD must use the process outlined in section <IP_ADDRESS> of
this appendix to configure required event attributes to track the
edit history of records.
    (c) Driver edits must be accompanied by an annotation. The ELD
must prompt the driver to annotate edits.

<IP_ADDRESS>.2. Driver Edit Limitations

    (a) An ELD must not allow or require the editing or manual entry
of records with the following event types, as described in section
7.25 of this appendix:

------------------------------------------------------------------------
               Event type                          Description
------------------------------------------------------------------------
2......................................  An intermediate log,
5......................................  A driver's login/logout
                                          activity,
6......................................  CMV's engine power up/shut
                                          down, or
7......................................  ELD malfunctions and data
                                          diagnostic events.
------------------------------------------------------------------------

    (b) An ELD must not allow automatically recorded driving time to
be shortened or the ELD username associated with an ELD record to be
edited or reassigned, except under the following circumstances:
    (1) Assignment of Unidentified Driver records. ELD events
recorded under the ``Unidentified Driver'' profile may be edited and
assigned to the driver associated with the record; and
    (2) Correction of errors with team drivers. In the case of team
drivers, the driver account associated with the driving time records
may be edited and reassigned between the team drivers if there was a
mistake resulting in a mismatch between the actual driver and the
driver recorded by the ELD and if both team drivers were
respectively indicated in each other's records as a co-driver. The
ELD must require each co-driver to confirm the change for the
corrective action to take effect.

4.3.3. Motor Carrier's Manual Entries

    An ELD must restrict availability of motor carrier entries
outlined in this section only to authenticated ``support personnel''
account holders.

<IP_ADDRESS>. ELD Configuration

    If an ELD or a technology that includes an ELD function offers
configuration options to the motor carrier or the driver that are
not otherwise addressed or prohibited in this appendix, the
configuration options must not affect the ELD's compliance with the
requirements of this rule for each configuration setting of the ELD.

<IP_ADDRESS>.1. Configuration of Available Categories Impacting Driving Time
Recording

    (a) An ELD must allow a motor carrier to unilaterally configure
the availability of each of the three categories listed on Table 2
of this appendix that the motor carrier chooses to authorize for
each of its drivers. By default, none of these categories must be
available to a new driver account without the motor carrier
proactively configuring their availability.
    (b) A motor carrier may change the configuration for the
availability of each category for each of its drivers. Changes to
the configuration setting must be recorded on the ELD and
communicated to the applicable authenticated driver during the ELD
login process.

<IP_ADDRESS>.2. Configuration of Using ELDs

    (a) An ELD must provide the motor carrier the ability to
configure a driver account exempt from use of an ELD.
    (b) The ELD must default the setting of this configuration
option for each new driver account created on an ELD to ``no
exemption.''
    (c) An exemption must be proactively configured for an
applicable driver account by the motor carrier. The ELD must prompt
the motor carrier to annotate the record and provide an explanation
for the configuration of exemption.
    (d) If a motor carrier configures a driver account as exempt
    (1) The ELD must present the configured indication that is in
effect for that driver during the ELD login and logout processes.
    (2) The ELD must continue to record ELD driving time but suspend
detection of missing data elements data diagnostic event for the
driver described in section <IP_ADDRESS> of this appendix and data
transfer compliance monitoring function described in section <IP_ADDRESS>
when such driver is authenticated on the ELD.

<IP_ADDRESS>.3 Motor Carrier's Post-Review Electronic Edit Requests

    (a) An ELD may allow the motor carrier (via a monitoring
algorithm or support personnel) to screen, review, and request
corrective edits to the driver's certified (as described in section
<IP_ADDRESS> of this appendix) and submitted records through the ELD
system electronically. If this function is implemented by the ELD,
the ELD must also support functions for the driver to see and review
the requested edits.
    (b) Edits requested by anyone or any system other than the
driver must require the driver's electronic confirmation or
rejection.

4.4. ELD Processing and Calculations

4.4.1. Conditions for Automatic Setting of Duty Status

<IP_ADDRESS>. Automatic Setting of Duty Status to Driving

    An ELD must automatically record driving time when the vehicle
is in motion by setting duty status to driving for the driver
unless, before the vehicle is in motion, the driver:
    (a) Sets the duty status to off-duty and indicates personal use
of CMV, in which case duty status must remain off-duty until
driver's indication of the driving condition ends; or