Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (ELD) Registration
Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (ELD) Registration
G. Kelly Regal
Federal Motor Carrier Safety Administration
April 3, 2015
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07669]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0377]
Agency Information Collection Activities; New Information
Collection Request: Electronic Logging Device (ELD) Registration
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment on the approval of a new
(ICR) entitled, Electronic Logging Device Registration. This ICR will
be used to enable providers to register their ELDs with FMCSA.
DATES: Please send your comments by May 4, 2015. OMB must receive your
comments by this date in order to act on the ICR.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2014-0377. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
firstname.lastname@example.org, or faxed to (202) 395-6974, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Routhier, Transportation
Specialist, Technology Division, Office of Analysis, Research and
Technology, Federal Motor Carrier Safety Administration, Department of
Transportation, West Building 6th Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone: 202-366-1225; email
email@example.com. Office hours are from 9:00 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.
Title: Electronic Logging Device (ELD) Registration.
OMB Control Number: 2126-00XX.
Type of Request: New Collection.
Respondents: ELD providers.
Estimated Number of Respondents: 22. FMCSA estimates that there
will be 22 respondents, 20 U.S. and 2 foreign ELD providers, and that
each provider will register an average of 4 devices. The total of 88
devices (4 devices x 22 providers) exceeds the number of devices that
FMCSA is currently aware of, but the Agency has opted to use a
conservatively high count in order to avoid under-estimating the burden
for this ICR.
Estimated Time per Response: 15 minutes first year and 7.5 minutes
in subsequent years. Each provider will take an estimated 15 minutes of
preparation time plus 15 minutes per device to complete the initial
registration, for a total of 75 minutes per provider in the first year
(15 minutes of preparation time + (4 devices per provider x 15 minutes
per device) = 75 minutes). In subsequent years, it is estimated that
registration updates will take half the initial time, for a total of
37.5 minutes per provider (7.5 minutes of preparation time + (4 devices
per provider x 7.5 minutes per device) = 37.5 minutes).
Expiration Date: N/A. This is a new ICR.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 18 hours [((22 respondents x 75
minutes in year 1) + (22 respondents x 37.5 minutes
in year 2) + (22 respondents x 37.5 minutes in year 3)) = 3,300 minutes
/ 60 minutes per hour = 55 / 3 year approval period = 18.33 hours,
rounded to 18 hours].
On March 28, 2014, FMCSA published a supplemental notice of
proposed rulemaking (SNPRM) entitled, ``Electronic Logging Devices and
Hours of Service Supporting Documents,'' (79 FR 17656). Specifically,
the SNPRM proposed: (1) New technical specifications for ELDs that
address statutory requirements; and (2) to require the use of ELDs by
those within the motor carrier industry who are currently subject to
Records of Duty Status (RODS) preparation requirements. To ensure
consistency among manufacturers and devices, functional specifications
were published with the SNPRM. The SNPRM would require providers to
certify their compliance with these functional specifications.
Providers would also be required to register their compliant devices
The ELD providers will be asked to certify and register their
devices with FMCSA online via an application Form MCSA-5893,
``Electronic Logging Device (ELD) Registration and Certification.''
FMCSA expects 100 percent of respondents to submit their information
electronically. Once the registration is completed, FMCSA will issue
the provider a unique identification number that the provider will
embed in its device(s).
The FMCSA will maintain a list on its Web site of the current ELD
providers and devices that have been certified (by the providers) to
meet the technical specifications. The information will be necessary
for fleets and drivers to easily find a compliant ELD to use in meeting
the FMCSA regulation requiring the use of ELDs.
Comments From the Public
FMCSA published a notice in the Federal Register with a 60-day
public comment period to announce this proposed ICR on October 28, 2014
(79 FR 64248). The Agency requested comments concerning the necessity
of the proposed information collection, the accuracy of the estimated
burden, how the quality of collected information could be enhanced and
ways in which the burden could be minimized without reducing the
quality of the collected information. The Agency received 19 comments.
Of these comments, nine were outside the scope of this notice. Some of
these comments actually responded to elements of the ELD SNPRM, rather
than the registration process.
Guidance on Registration Process
Several commenters stated that there was a need for additional
guidance for ELD registration. Garmin also wanted guidance on
registration when an ELD sub-function may be implemented across
multiple software and hardware components provided by one or more
Two commenters asked who is responsible for registration and
supplying the certification of conformity to the ELD functional
requirements. Verigo suggested that FMCSA clarify what supporting
documentation would be necessary to complete the software
certification. One commenter wrote that, according to the SNPRM, only
device manufacturers can register.
Registration of ELDs is the responsibility of the ELD provider. An
ELD provider is the entity who manufactures the ELD, manufactures or
assembles the ELD technology, certifies that the ELD complies with the
functional specifications for ELDs set forth in the proposed subpart B
of part 395 (including the proposed Appendix to subpart B of Part 395),
and registers it on the FMCSA Web site.
Definition of Device and Other Systems With ELD Functionality
A commenter wanted clarification of what FMCSA means by device. A
commenter suggested that FMCSA allow the certification and registration
of individual devices or subsystems (e.g., Bluetooth device, mobile
smartphone or tablet, etc.) as meeting a subset of the technical
specifications. These components could be combined into compliant ELD
A commenter asked how a software-based Transportation Management
System would be registered.
Electronic Logging Device (ELD) means a device or technology that
meets the requirements of proposed subpart B of part 395 including the
proposed Appendix to subpart B of part 395--Functional Specifications
for All Electronic Logging Devices (ELDs). In proposed Sec. 395.2 it
is defined as a device or technology that automatically records a
driver's driving time and facilitates the accurate recording of the
driver's hours of service, and that meets the requirements of subpart B
of this part. Where the combination of sub-components is needed to meet
this definition, the provider must register all of the components
together as the ELD device.
Software Version Control
Commenters asked how software version updates would be
accommodated. Vnomics recommended that the software version that is
displayed be the current base or main version. Vnomics also asked FMCSA
to verify that the software version required by proposed section
5.2.1(3) refers to the ELD software version that is part of a larger
The ELD registration process will allow providers to update and
maintain their device information to accommodate software version
revisions. Providers will be able to update device information and
software revisions on the registration site when they deem it necessary
to do so, and will continue to certify that the updated device(s)
continue to meet the regulation's requirements. See SNPRM Section
5.1.2. Keeping Information Current
The ELD provider must keep the information in section 5.1.1 (b) and
5.2.1 current through FMCSA's Web site.
Time To Register/Registration Information
Saucon reminded the Agency that the content of the form would
affect the estimates of the time registration would take annually.
Saucon could not concur with the time estimate to complete the
registration process. The commenter wrote that the time estimate
depends on several undefined factors, including the level of detail in
Form MCSA-5893. Saucon suggested that a simple checklist of key
technical points that must be met by the provider might be sufficient
for the form. Saucon also asked FMCSA to clarify that certification is
required at the product level, and not the individual device level.
Until all the technical specification issues in the SNPRM have been
resolved and Form MCSA-5893 has been created to require the provision
of substantive information demonstrating compliance, OOIDA believed
that the ICR proceeding is premature. OOIDA believed the certification,
with such specific information, should be updated as the rule evolves,
otherwise a provider could remain on the approved list without
additional verification of continued compliance.
A commenter asked how devices can be registered as compliant before
the details of compliancy are published. Saucon noted that the form was
not available for comment.
While the registration process itself did not impose an undue
burden, Verigo was concerned that there was no estimate of the time
required to complete the software certification or what would be
required to be submitted to substantiate that certification. Verigo
commented that the certification process is a significant undertaking
and volunteered to provide its estimate to FMCSA.
As proposed in the SNPRM, the registration of ELDs requires 15
pieces of information from the providers outlined in section 5.1.1,
Registering Online, and section 5.1.2, Online Certification. FMCSA
conducted time trials to determine the average amount of time required
to complete a simulated form with the 15 items required to register an
5.1.1 Registering Online
(a) An ELD provider developing an ELD technology must register
online at a secure FMCSA Web site where the ELD provider can securely
certify that its ELD is compliant with this appendix.
(b) Provider's registration must include the following information:
(1) Company name of the technology provider/manufacturer.
(2) Name of an individual authorized by the provider to verify that
the ELD is compliant with this appendix and to certify it under section
5.2 of this appendix.
(3) Address of the registrant.
(4) Email address of the registrant.
(5) Telephone number of the registrant.
5.2.1. Online Certification
(a) An ELD provider registered online as described in section 5.1.1
must disclose the information in paragraph (b) of this section about
each ELD model and version and certify that the particular ELD is
compliant with the requirements of this appendix.
(b) The online process will only allow a provider to complete
certification if the provider successfully discloses all of the
following required information:
(1) Name of the product.
(2) Model number of the product.
(3) Software version of the product.
(4) An ELD identifier, uniquely identifying the certified model and
version of the ELD, assigned by the ELD provider in accordance with
(5) Picture and/or screen shot of the product.
(6) User's manual describing how to operate the ELD.
(7) Description of the supported and certified data transfer
mechanisms and step-by-step instructions for a driver to produce and
transfer the ELD records to an authorized safety official.
(8) Summary description of ELD malfunctions.
(9) Procedure to validate an ELD authentication value as described
in section 7.1.14.
(10) Certifying statement describing how the product was tested to
comply with FMCSA regulations.
Registration will be at the model level of the ELD, not at the
individual device level. See 5.2.1(b)(2) above.
FMCSA will include procedures for provider registration of an ELD
on the registration Web site. FMCSA will also provide guidance on the
Web site to the provider that will contain the tools the provider will
need to ensure that its ELD meets the technical specifications in part
395. This guidance will contain all requirements and procedures related
to RODS data compliance. However, it will be the responsibility of each
provider to ensure that its products comply with the RODS file data
definitions that FMCSA provides. If the regulation evolves, the changes
to the technical specification and the certification process will be
updated through the notice and comment process.
In response to Verigo comments regarding the time necessary to
determine whether the software meets the certification requirements, we
note that the certification process is outside the scope of the current
ICR, which is limited to the time required to fill out the
certification information in 5.1.1 and 5.2.1 of the Appendix to 395.
Under proposed section 5.1.3, FMCSA will provide a unique ELD
registration ID number that the provider will embed on the device.
Saucon asked FMCSA to provide an example of the ID number, and to
clarify its purpose, including when the ID number needs to be provided
and displayed. It asked if the ID number could be used as evidence
during inspections that a device is ELD-certified and if Saucon would
receive a certificate that it could present at inspections.
The unique ELD registration ID format is outside the scope of this
ICR. But, in section 7.17 of the Appendix to Subpart B of Part 395--
Functional Specifications for All Electronic Logging Devices (ELDs),
FMCSA defined the ELD Registration ID and proposed that the
registration ID be available on the ELD during inspections. The Agency
does not plan to issue certificates for certified ELDs.
Updating Existing Devices
Saucon asked how that ID number could be added to register
existing, already installed AOBRDs that, through software updates, may
become compliant ELDs. These AOBRDs are not easily accessible to either
the manufacturer or the motor carrier.
Software updates, although outside the scope of this ICR, would
most likely be provided through the connectivity of AOBRDs via their
cellular connection or available online to AOBRD owners. These software
updates can include the Registration ID for the newly compliant
devices. Existing device providers will be able to notify owners of
existing AOBRDs if their devices are capable of being updated to meet
ELD requirement through software updates. These devices in turn will be
able to be registered and certified by the providers on the FMCSA ELD
registration Web site.
FMCSA Certified ELD List
Saucon provided a list of information that it suggested be included
on any Web site storing information on ELD-certified providers. The
list included the company name and contact information, a link to the
provider's Web site, a descriptor noting in which industry the provider
mainly works (i.e., motorcoach, trucking, etc.), and a section for
comments on what the provider provides. Saucon also suggested that the
provider have a username and password to access and edit the
information on the Web site.
During roadside inspections and Safety Audits and Compliance
Reviews, CVSA wrote that it would be critical for inspectors to
accurately and quickly verify compliance. Therefore, the Agency must
consider what documentation needs to be maintained as evidence of
The FMCSA list of registered devices will include only the minimal
information on the certified devices. The Agency outlined this in the
SNPRM in Section 5.3:
5.3. Publicly Available Information
Except for the information listed under section 5.1.1 (b)(2), (4),
and (5) and section 5.2.1 (b)(9), FMCSA will make the information in
sections 5.1.1 and 5.2.1 for each certified ELD publicly
available on a Web site to allow motor carriers to determine which
products have been properly registered and certified as ELDs compliant
with this appendix.
FMCSA will not provide or require ``certification documents'' that
would be carried with the device. The ELD Registration ID will be
verified through eRODS only.
Verigo was concerned with the ELD de-registration process and
requested more information.
FMCSA will provide information regarding the de-registration
process in the Final Rule.
OOIDA commented that the information required of ELD manufacturers
who wish to be on FMCSA's approved list of providers must be more
substantive than a general self-certification of compliance with the
technical specifications of the rule.
The registration of ELDs requires 15 pieces of information from the
providers, as outlined in proposed section 5, ELD Registration and
Certification, Section 5.1.1, Registering Online, and section 5.1.2,
Online Certification. Specifically, proposed section 5.2.1(b)(10) would
require a ``Certifying statement describing how the product was tested
to comply with FMCSA regulations.'' The Agency requires this self-
certification just as NHTSA requires self-certification of vehicle and
Public Comments Invited: You are asked to comment on any of the
following aspects of this information collection: (1) Whether the
proposed collection is necessary for the FMCSA to perform its
functions; (2) the accuracy of the estimated burden; (3) ways for the
FMCSA to enhance the quality, usefulness, and clarity of the collected
information; and (4) ways that the burden could be minimized without
reducing the quality of the collected information.
Issued under the authority of 49 CFR 1.87 on: March 26, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology
and Chief Information Officer.
[FR Doc. 2015-07669 Filed 4-2-15; 8:45 am]
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