Electronic Documents and Signatures |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
16 April 2018
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16210-16228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07749]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 370, 371, 373, 375, 376, 378, 379, 380, 382, 387, 390,
391, 395, 396, and 398
[Docket No. FMCSA-2012-0376]
RIN 2126-AB47
Electronic Documents and Signatures
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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SUMMARY: FMCSA amends its regulations to allow the use of electronic
records and signatures to satisfy FMCSA's regulatory requirements.
These amendments permit the use of electronic methods to generate,
certify, sign, maintain, or exchange records so long as the documents
accurately reflect the required information and can be used for their
intended purpose. This rule applies only to those documents that
FMCSA's regulations obligate entities or individuals to retain; it does
not apply to forms or other documents that must be submitted directly
to FMCSA unless there are already procedures in place in the
regulations for electronic submission to FMCSA. This rule partially
implements the Government Paperwork Elimination Act (GPEA) and the
Electronic Signatures in Global and National Commerce Act (E-SIGN).
DATES: This final rule is effective June 15, 2018.
Petitions for Reconsideration of this final rule must be submitted
to the Administrator of FMCSA in accordance with 49 CFR 389.35 no later
than May 16, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Office of Policy,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, david.miller@dot.gov.
If you have questions on viewing or submitting material to the
docket, contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: This final rule is organized as follows:
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Major Provisions
B. Benefits and Costs
III. Abbreviations and Acronyms
IV. Legal Basis for the Rulemaking
[[Page 16211]]
V. Background
VI. Proposal of April 28, 2014
VII. Comments and Responses
A. Overview
B. Electronic signature
C. Household Goods (HHG)
D. Lease and Interchange of Vehicles (Part 376)
E. Drug and Alcohol Testing
F. Driver's Records of Duty Status
G. Miscellaneous Comments
VIII. This Final Rule
IX. Section-by-Section Analysis
A. Part 370
B. Part 373
C. Part 375
D. Part 376
E. Part 378
F. Part 379
G. Part 380
H. Part 382
I. Part 387
J. Part 390
K. Part 391
L. Part 395
M. Part 398
X. International Impacts
XI. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving Regulation and Regulatory Review),
and DOT Regulatory Policies and Procedures
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory
Costs)
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act (Collection of Information)
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
K. Privacy
L. E.O. 12372 (Intergovernmental Review)
M. E.O. 13211 (Energy Supply, Distribution, or Use)
N. E.O. 13175 (Indian Tribal Governments)
O. National Technology Transfer and Advancement Act (Technical
Standards)
P. Environment (NEPA, CAA, E.O. 12898 Environmental Justice)
I. Rulemaking Documents
A. Availability of Rulemaking Documents
For access to docket FMCSA-2012-0376 to read background documents
and comments received, go to http://www.regulations.gov at any time, or
to Docket Services at U.S. Department of Transportation, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
B. Privacy Act
In accordance with 5 U.S.C. 553(c), the U.S. Department of
Transportation (DOT) solicits comments from the public to better inform
its rulemaking process. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
II. Executive Summary
A. Summary and Purpose of the Major Provisions
This rule establishes parity between paper and electronic documents
and signatures, and expands businesses' and individuals' ability to use
electronic methods to comply with FMCSA's requirements. This rule
applies only to documents that FMCSA requires entities to retain. It
also updates references to outdated recordkeeping and reporting methods
throughout chapter III of subtitle B of title 49, Code of Federal
Regulations (49 CFR parts 300-399) to make them technologically
neutral.
This rulemaking implements portions of the Government Paperwork
Elimination Act (GPEA) and the Electronic Signatures in Global and
National Commerce Act (E-SIGN).
B. Benefits and Costs
This rule does not impose new requirements, and it is expected to
provide regulatory relief to the industry. It codifies previously
issued regulatory guidance that provides flexibility to the industry in
the use of electronic documents and electronic signatures, and removes
outdated and obsolete references in the regulatory text. Examples of
documents affected by this rule include vehicle maintenance records,
driver qualification files, bills of lading, and business records.
Regulated entities are provided additional flexibility and may choose
to conduct business using either electronic versions or traditional
paper-based versions of these types of documents. Because the choice of
using electronic methods is optional and not mandatory, and regulated
entities may continue to use traditional paper-based methods if they
desire to do so, the Agency expects regulated entities will choose
those methods that best suit their individual needs. For those
regulated entities that do choose to use electronic documents and
methods under this rule, potential cost savings may include reduced
expenditures on labor time, office and storage space, materials, and
office equipment.
Because the previously issued regulatory guidance that is now being
codified in this final rule has been in place for several years, since
January 4, 2011, it is believed that many regulated entities for whom
the use of electronic documents and methods best suits their needs may
have already made this transition from traditional paper-based methods.
Therefore, many of the potential cost savings possible from this rule
may have largely already occurred. It is estimated that though there
may still be some additional incremental cost savings that could result
from the regulatory flexibility being codified by this final rule
(e.g., for any remaining regulated entities that may desire at some
time to use electronic documents and methods but have not yet made this
transition), overall these additional cost savings will be minimal.
III. Abbreviations and Acronyms
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Full name Abbreviation or acronym
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American Moving and Storage Association... AMSA.
Automatic On-Board Recording Device....... AOBRD.
Atlas Van Lines........................... Atlas.
American Trucking Associations............ ATA.
Clean Air Act............................. CAA.
Code of Federal Regulations............... CFR.
Commercial Motor Vehicle.................. CMV.
U.S. Department of Transportation......... DOT.
Electronic Logging Device................. ELD.
Executive Order........................... EO.
Electronic Signatures in Global and E-SIGN.
National Commerce Act.
Fixing America's Surface Transportation FAST.
Act.
Federal Register.......................... FR.
[[Page 16212]]
Federal Motor Carrier Safety FMCSA.
Administration.
Federal Motor Carrier Safety Regulations.. FMCSRs.
Government Paperwork Elimination Act...... GPEA.
Household Goods........................... HHG.
Hours of Service.......................... HOS.
Motor Carrier Safety Act of 1984.......... 1984 Act.
National Motor Freight Traffic Association NMFTA.
National Environmental Policy Act......... NEPA.
Notice of Proposed Rulemaking............. NPRM.
Office of Drug and Alcohol Policy and ODAPC.
Compliance.
Owner-Operator Independent Drivers OOIDA.
Association, Inc.
Office of Management and Budget........... OMB.
Paperwork Reduction Act................... PRA.
Portable Document Format.................. PDF.
Privacy Impact Assessment................. PIA.
Record of Duty Status..................... RODS.
United States Code........................ U.S.C.
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IV. Legal Basis for the Rulemaking
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984), as amended, (the 1984 Act) provides
broad authority to regulate drivers, motor carriers, and vehicle
equipment. Section 211 of the 1984 Act grants the Secretary broad
power, in carrying out motor carrier safety statutes and regulations,
to ``prescribe recordkeeping and reporting requirements'' and to
``perform other acts the Secretary considers appropriate'' (49 U.S.C.
31133(a)(8) and (10)). The FMCSA Administrator has been delegated
authority under 49 CFR 1.87(f) to carry out the functions vested in the
Secretary of Transportation by 49 U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle (CMV) programs and safety
regulation.
Two Federal statutes govern the Agency's implementation of
electronic document and signature requirements. The GPEA (Pub. L.
105.277, Title XVII (Secs. 1701-1710), 112 Stat. 2681-749, 44 U.S.C.
3504 note) was enacted on October 21, 1998, to improve customer service
and governmental efficiency through the use of information technology.
E-SIGN (Pub. L. 106-229, 114 Stat. 464, 15 U.S.C. 7001-7031) was signed
into law on June 30, 2000. E-SIGN was designed to promote the use of
electronic contract formation, signatures, and recordkeeping in private
commerce by establishing legal equivalence between traditional paper-
based methods and electronic methods.
The GPEA defines an electronic signature as a method of signing an
electronic communication that: (a) Identifies and authenticates a
particular person as the source of the electronic communication; and
(b) indicates such person's approval of the information contained in
the electronic communication (section 1710(1)). It also requires
Federal agencies to provide individuals and entities the options of:
(a) Submitting information to or transacting with the agency
electronically; and (b) using electronic records retention when
practicable. The GPEA states that electronic records and their related
electronic signatures shall not be denied legal effect, validity, or
enforceability merely because they are in electronic form (section
1707). It also encourages agencies to use electronic signature
alternatives (section 1704). This final rule is concerned only with
implementing the use of electronic document creation and retention with
regard to documents and records required to be maintained, and does not
cover electronic submission to FMCSA, as is discussed more broadly in
the response to comments below.
For any transaction in or affecting interstate or foreign commerce,
E-SIGN supersedes all pre-existing requirements that paper records be
kept so long as: (a) Such records are generated in commercial,
consumer, and business transactions between private parties; and (b)
those parties consent to using electronic methods. Specifically, the
statute establishes the legal equivalence for contracts, signatures,
and other legally-required documents, whether in traditional paper or
electronic form (15 U.S.C. 7001(a)(1)).
V. Background
In recent years, FMCSA received a number of requests from motor
carriers and other interested parties asking permission to use
electronic methods to comply with various Agency regulations that
require motor carriers and individuals to generate, sign, or store
documents. Previously, FMCSA made determinations on whether certain
categories of documents could be generated, signed, or stored
electronically on a case-by-case basis. However, FMCSA recognized that
modern technologies and evolving business practices rendered the
distinction between paper and electronic documents and signatures
obsolete in most cases.
FMCSA determined that many businesses and individuals could achieve
greater efficiencies using electronic methods, but that others might
prefer paper-based recordkeeping. As a result, FMCSA decided to give
regulated entities the flexibility to choose which methods to use. On
January 4, 2011, FMCSA issued regulatory guidance to 49 CFR 390.31 on
the use of electronic signatures and documents to satisfy FMCSA's
regulatory requirements. (76 FR 411). That guidance provided that, for
the purposes of complying with any provision in chapter III of subtitle
B of title 49, Code of Federal Regulations (49 CFR parts 300-399) that
requires a document to be created, signed, certified, or retained by
any person or entity, that person or entity may, but is not required
to, use electronic methods. The guidance further stated that in order
for electronic methods to satisfy FMCSA's regulatory requirements, the
documents or signatures had to accurately reflect the information in
the record and remain accessible in a form that can be viewed or
reproduced according to agency rules.
On April 28, 2014, FMCSA issued a Notice of Proposed Rulemaking
(NPRM) that proposed incorporating the 2011 guidance into regulations.
(79 FR 23306). Subsequent to the issuance of the NPRM, FMCSA removed
guidance question 27 and revised question 28 for 49 CFR 395.8,
addressing the use of logging software programs for drivers' records of
duty status (RODS) in order to ensure consistency with FMCSA's
[[Page 16213]]
January 2011 guidance (79 FR 39342, July 10, 2014).
In addition, Presidential Executive Order (E.O.) 13563, ``Improving
Regulation and Regulatory Review'' (issued January 18, 2011, and
published January 21 at 76 FR 3821), prompted DOT to publish a notice
in the Federal Register on February 16, 2011 (76 FR 8940). This notice
requested readers to comment on a plan for reviewing existing rules, as
well as to identify existing rules that may be outmoded, ineffective,
insufficient, or excessively burdensome. DOT placed all retrospective
regulatory review comments, including a transcript of a March 14, 2011,
public meeting, in docket DOT-OST-2011-0025. One of the comments
submitted to that docket was relevant to this rule, and has been
included in the comment summary below.\1\
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\1\ While the Fixing America's Surface Transportation (FAST) Act
was enacted after publication of the NPRM, FMCSA notes that
publication of this Final Rule also complies with the mandate found
in section 5203 of the FAST Act, requiring FMCSA to incorporate
guidance into regulations if the guidance is still valid after a
period of 5 years. See, Pubic Law 114-94, 129 Stat. 1312, 1535.
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VI. The 2014 Proposed Rule
On April 28, 2014, FMCSA published an NPRM titled ``Electronic
Signatures and Documents'' in the Federal Register (79 FR 23306). FMCSA
received 17 comments on the NPRM. No public meetings were requested and
none was held.
The NPRM proposed to codify FMCSA's guidance issued under Sec.
390.31 and eliminate references to outdated recordkeeping and reporting
methods throughout the Agency's regulations. The proposed rule was
intended to establish parity between paper and electronic documents and
signatures, and expand businesses' and individuals' ability to use
electronic methods to comply with FMCSA's requirements. It applied only
to documents that FMCSA requires individuals or entities to retain. It
also updated references to outdated recordkeeping and reporting methods
throughout 49 CFR parts 300-399 to make them technologically neutral.
VII. Comments and Responses
A. Overview
Seventeen submissions were posted to the docket. One submission was
a duplicate \2\ and three were outside the scope of this rulemaking,
leaving 13 relevant submissions. Commenters included four trade
associations: American Moving and Storage Association (AMSA), American
Trucking Associations (ATA), National Motor Freight Traffic Association
(NMFTA), and Owner, Operator, Independent Driver Association (OOIDA).
Three businesses, Atlas Van Lines (Atlas), KeepTruckin (sic), and First
Advantage, also provided comments, as did six individuals.
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\2\ Submission number 013 is a duplicate of number 005.
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Comments Supporting the Rulemaking
Eight commenters, including the four trade associations, three
individuals and a business expressed their support for the proposed
rule. First Advantage agreed with the rule and recommended that 49 CFR
part 382 be included in its adoption. Trade associations AMSA and NMFTA
both strongly supported the rulemaking. OOIDA and ATA supported the
rulemaking, although each had concerns (which are addressed further
below). Finally, an individual stated ``with technology these days,
this makes perfect sense.''
B. Electronic Signature
Comment. An individual commenter expressed concern about the lack
of description in the preamble concerning the new regulatory language
in Sec. 390.32(c)(2) and (d). Paragraph Sec. 390.32(c)(2) in the NPRM
provided a definition of the term electronic signature, using terms
from the GPEA, to set the performance standard for allowing use of
electronic signatures. The subparagraph also provided flexibility that
such an electronic signature may be made using any available technology
that otherwise satisfies FMCSA's requirements. Paragraph Sec.
390.32(d) in the NPRM provided that any person or entity may use
documents signed, certified, generated, maintained, or exchanged using
electronic methods if the documents accurately reflect the information
otherwise required to be contained in them. Paragraph (d) also provided
that records, documents, or signatures generated, maintained, or
exchanged using electronic methods would not satisfy FMCSA requirements
if they are not legible or capable of being retained, used for the
purpose for which they were created, or accurately reproduced for
reference by any party entitled to access them. This individual
commenter noted that ``identification and authentication'' have
specific meanings defining levels of security. This same commenter
wrote that the NPRM seemed to assume that electronic signatures are
legible, rather than being nothing more than a PIN or user ID and
password. Another individual commenter wrote that ``allowing electronic
signatures needs to be defined.''
OOIDA was concerned about the security of electronic documents. It
requested that FMCSA provide clarification through a supplemental
notice of proposed rulemaking and allow for public comment.
An anonymous commenter noted FMCSA's requirements implied that it
would require a level 2 or 3 authentication of a signature, and wrote,
``FMCSA should explain exactly what it will require in terms of
authentication and identity proofing (a necessary step in ensuring
authentication).'' This commenter did not see why FMCSA should require
that level of authentication. Further, the individual pointed out there
would be a cost to impose level 2 or 3 authentication requirements that
FMCSA has not considered.
FMCSA Response. Based on the confusion generated by the NPRM's
placement of the definition in Sec. 390.32(c)(2), FMCSA has decided to
move the definition of ``electronic signature'' to the general
definition section for all Federal Motor Carrier Safety Regulations
(FMCSRs) in Sec. Sec. 390.5 and 390.5T. The definition in Sec. Sec.
390.5 and 390.5T will continue to provide that an electronic signature
is ``a method of signing an electronic communication that identifies
and authenticates a particular person as the source of the electronic
communication and indicates such person's approval of the information
contained in the electronic communication.''
FMCSA recognizes that the terms ``identifies'' and
``authenticates'' carry distinct meanings in the world of information
technology, particularly when dealing with information security.
However, these are the terms used in the GPEA to set the performance
standard for allowing use of electronic signatures. Changing them here
could have unintended consequences. FMCSA does not use the terms to
mean that a specific level of information or authentication security
must be used. Those companies and individuals who would like to use
electronic signatures are free to decide, for themselves, what level of
information security they are most comfortable maintaining.
For FMCSA purposes, we require only that the electronic signatures
have some level of security to meet the performance standard set forth
in the statute and regulations. To make it clear that the Sec. Sec.
390.5 and 390.5T definition of ``electronic signature'' follows the
GPEA performance standard, this rule will add at the end of the
Sec. Sec. 390.5 and
[[Page 16214]]
390.5T definitions a cross reference to the GPEA for the benefit of the
public's understanding as to where the definition originated.
Comment. ATA wrote that motor carriers create and store records
used to demonstrate compliance using electronic on-board recorders. ATA
commented that FMCSA must explicitly allow drivers to sign and store
documents transmitted through the electronic on-board recorder by
clicking an ``I agree'' button. ATA said the NPRM was ambiguous on this
issue and explained that there is a distinction between the
characterizations of an electronic signature in Sec. 390.32 of the
NPRM and in the 2011 guidance, which stated that signatures must
``accurately reflect the information in the record and remain
accessible in a form that can be accurately viewed and/or reproduced
according to agency rules.''
FMCSA response. We do not believe that the regulation needs to be
revised to explicitly state that clicking an ``I agree'' button on an
electronic on-board recorder is an electronic signature. Sections
390.5T and 390.32, when read together, would already allow for such an
interpretation so long as the on-board recorder satisfies FMCSA's
requirements. This means the on-board recorder must accurately reflect
the information and/or data it is designed to record, must retain the
information and/or data for the proscribed time period, and must be
able to accurately reproduce the information and/or data within the
required timeframes (49 CFR 390.32(d)). Additionally, it must be able
to show that the user approved the information contained in the on-
board recorder (49 CFR 390.5T).
C. Household Goods (HHG)
Information Provided to a Prospective Shipper (Sec. 375.213)
Comment. Both AMSA and Atlas strongly supported the ability to
provide the Ready to Move brochure and Rights and Responsibilities
booklet to consumers electronically, rather than by hyperlink to
FMCSA's website. AMSA and Atlas noted, however, that the word ``paper''
still remains in Sec. 375.213(a), (b)(1), and (e)(2). AMSA indicated
that it believed this is an ``oversight'' on the Agency's part.
Furthermore, AMSA pointed out: ``Eliminating the paper requirement for
the required Ready to Move brochure and Rights and Responsibilities
booklet will allow carriers to provide all of that information together
electronically.''
Both commenters noted that the only currently available electronic
method for delivering the required Ready to Move brochure and Rights
and Responsibilities booklet ``is basically unusable by carriers
because: (a) It requires that the carrier obtain a receipt that the
individual shipper has actually received both booklets when the carrier
is not actually providing them the documents, so does not know when the
shipper has actually received them in order to be able to obtain an
honest and truthful receipt; (b) the regulation does not allow the
carrier to have the shipper access the documents on its website, but
requires that the shipper go to the FMCSA website to obtain them,
eliminating any means for the carrier to electronically track that the
shipper has actually received the documents; and (c) the regulation
requires that the carrier obtain and keep the required receipt for 3
years (versus the one year period required for most other documents).''
FMCSA Response. The Agency agrees with the commenters and amends
the language in Sec. 375.213(e)(2), by removing the words ``electronic
or paper.'' FMCSA also eliminates the requirement in Sec. 375.213 for
the Ready to Move brochure and Rights and Responsibilities booklet to
be provided only in paper copy or retrieved at a URL. Finally, FMCSA
removes the need to receive a physical receipt of waiver from the
shipper as well.
The proposed rule did not address the length of time a carrier
needs to keep the receipt in Sec. 375.213(e)(3) because FMCSA resolved
the issue in 2012. AMSA's and Atlas' June 27, 2014, comments discussed
reducing the length of time required to maintain the receipt from a
three-year period to a one-year period. This was almost two years after
FMCSA harmonized the retention period for the required receipt to one
year based on AMSA's January 11, 2011, petition. The Agency published a
direct final rule (DFR) on July 16, 2012 (77 FR 41699), establishing
the retention period as one year.
HHG Filing of Claims
Comment. Atlas stated that the rewording of Sec. 370.3 left the
process for filing complaints unclear. Specifically, Atlas objected to
the removal of the phrase ``or electronic'' and FMCSA's failure to
delete the parenthetical statement that followed.
FMCSA Response. In response to Atlas' comment, the Agency removes
the parenthetical ``(when agreed to by the carrier and shipper or
receiver involved)'' from Sec. 370.3(b), because the form of
communication used is determined by agreement of the parties involved.
This will clarify that the claimants need to file a claim, either in
writing or electronically, rather than orally stating a claim. For the
same reason, the Agency also removes the identical parenthetical phrase
in Sec. 378.3(a) for the filing and processing of overcharge,
duplicate payment, or overcollection payments for motor carrier and
household goods freight forwarder transportation of property.
D. Lease and Interchange of Vehicles (Part 376)
Comment. OOIDA was concerned that the protections established by a
lease ``will be compromised if a motor carrier exercises its rights
under the proposed rule to use electronic documents, but the owner-
operator does not have the means to maintain personal possession at all
times and refer to it when necessary during the course of the lease.''
OOIDA requested several clarifications regarding the proposed
regulatory text in part 376 related to the responsibility of the motor
carrier to make documents available to the owner-operator. OOIDA also
asked how the owner-operator was to store the document on the CMV.
OOIDA wrote that anything other than a paper copy may be less than
effective in achieving the purposes of the leasing regulations.
OOIDA also asked FMCSA to clarify in the final rule that the new
requirements for electronic signatures are not intended to permit easy
amendment of a lease or its addendums.
FMCSA Response. As stated in the introduction, the E-SIGN statute
requires consent from the consumer to share documents in electronic
format. This consent should be part of the contract reached by the
parties, in normal business arrangements, which must be signed by all
parties indicating their consent to the requirements. We have added
this requirement (that consent be documented) into 49 CFR 390.32(d), to
ensure it is clear to all who wish to take advantage of the electronic
documents and signatures options. If the owner-operator does not have
the ability to receive and maintain the lease in electronic format, the
owner-operator should obtain the lease in a format he or she can use,
i.e., a printed copy.
In response to OOIDA's request for clarification that the
requirements for electronic signatures are not intended to permit easy
amendment of a lease or its addendums, without ratification by both
parties, FMCSA reiterates that the purpose of this rule is to give
regulated entities the choice to conduct business using either
electronic or traditional paper-based methods. This rule does not
change any substantive legal requirements or business practices. We
have added language into 49 CFR 379.5
[[Page 16215]]
to include a requirement for the protection of records from
unauthorized access and modification, to make this clear.
E. Drug and Alcohol Testing
Comment. First Advantage encouraged the Agency to use electronic
records and signatures under part 382, ``Controlled Substances and
Alcohol Use and Testing,'' as this would provide regulatory relief to
the industry.
ATA requested that the Agency work with the DOT Office of the
Secretary to create identical allowances for electronic signatures and
transmissions related to drug and alcohol testing requesting
requirements found in 49 CFR part 40.
FMCSA Response. While FMCSA did not include specific changes to
part 382 in its NPRM of April 28, 2014, the addition of a new Sec.
390.32 in this final rule applies to those records that are created
under part 382. Thus, industry parties may now use electronic records
to comply with the records retention requirements found in 49 CFR
382.401, so long as their electronic records captured the information
required by Sec. 382.401. On December 5, 2016, FMCSA published a final
rule titled ``Commercial Driver's License Drug and Alcohol
Clearinghouse,'' (81 FR 87686). That final rule, which falls under part
382, contemplates the use of electronic signatures for certain
transactions related to the reporting and receipt of drug and alcohol
testing information, including an employer's ability to obtain driver
consent.
In reviewing the CFR for any additional terms to align with the
changes proposed in the NPRM, the Agency has included a revision to
Sec. 382.601(d). FMCSA removes the phrase ``the original of'' in this
section to reflect the practical reality that there is no real
distinction between originals and copies of electronic documents.
Moreover, this change conforms to the changes at Sec. 390.31 which
permit parties to maintain accurate copies in lieu of originals.
The DOT Office of Drug and Alcohol Policy and Compliance (ODAPC)
has not approved the use of electronic signatures or documents to
satisfy the requirements of the DOT-wide drug and alcohol testing
regulations, which are found at 49 CFR part 40. The Agency has no
authority over regulations under 49 CFR part 40. Any questions about
part 40 regulations should be directed to ODAPC. You may find ODAPC
contact information at https://www.transportation.gov/odapc.
F. Driver's Records of Duty Status
Comment. Commenters asked that the regulatory guidance for Sec.
395.8, regarding the use of electronic devices to keep a driver's RODS,
be addressed. Commenters, including ATA and KeepTruckin (sic), a mobile
technology-related firm, wanted the new rule to specifically address
how RODS and other HOS documents could be provided to an enforcement
officer at roadside. ATA interpreted the need for an ``accurate copy''
as requiring that drivers retain paper copies to satisfy law
enforcement requests. Two individual commenters and KeepTruckin asked
if RODS would have to be printed or if they could be displayed on a
tablet or smart phone. A commenter asked if RODS and supporting
documents could be sent electronically. A commenter asked if a driver
had to submit the original log book or if it could be faxed to the
motor carrier and printed out when needed.
ATA stated that FMCSA should allow the use of electronic documents
at roadside, and eliminate question 28 of the DOT Interpretations for
Sec. 395.8 that requires the ability to print paper RODS. It did not
believe that there is a ``compelling government interest'' in requiring
paper copies at roadside inspection. ATA said that, currently, the risk
of fraud is no greater than for paper documents. Tablet and smart phone
technology can present the documents required at roadside in an easily
reviewable format and transmit them electronically.
FMCSA Response. As noted in Section V, Background, above,
interpretative guidance issued under 49 CFR 395.8 that was in effect
during the NPRM comment period was subsequently revised, consistent
with FMCSA's July 2014 guidance on electronic signatures and documents
(79 FR 39342, July 10, 2014). This revision rendered multiple comments
obsolete. The July 2014 guidance addressed logging software programs
that do not qualify as automatic on-board recording devices (AOBRDs) or
electronic logging devices (ELDs). The Agency is in the process of
reviewing all regulatory guidance previously issued by FMCSA. Any
changes to existing guidance for Sec. 395.8, Sec. 395.15, or other
sections addressed in this rulemaking will be considered during that
review. In the meantime, the existing guidance remains in effect.
This rule modifies 49 CFR 395.15 governing use of AOBRDs.
Provisions pertaining to ELDs were addressed in a separate rulemaking
(80 FR 78292, December 16, 2015). The ELD final rule also addressed the
handling of supporting documents during inspections beginning December
18, 2017. The ATA comment erroneously presumes that the reference to an
electronic document constituting an ``accurate copy'' would mean that
drivers would need to have paper documents available for inspections.
While there will be circumstances where paper RODS may be required, the
need for production of paper records will diminish over time with the
adoption of this rule and implementation of FMCSA's ELD final rule.
FMCSA has long acknowledged drivers' ability to satisfy their
obligation to submit paper RODS to their motor carrier employer by
scanning the original documents and submitting them electronically (75
FR 32860, June 10, 2010). Submission of supporting documents can be
handled in the same manner.
G. Miscellaneous Comments
Comment. NFMTA and ATA recommended that the rule be expanded to
include documents that FMCSA receives as well. An individual commenter
stated that ``FMCSA regulations still require paper signatures on many
daily reports; creating a paperwork burden to technology adoption.''
This commenter requested that FMCSA adopt technology and remove current
barriers.
OOIDA was concerned that the Agency would consider electronic
documents as more accurate than other methods in regards to the
recording of HOS. OOIDA wrote that a document is only as accurate as
the information recorded by its author.
ATA expressed their confusion of what constitutes an electronic
signature.
FMCSA Response. FMCSA understands the position of those who seek to
broaden the scope of this rule to allow electronic signatures on forms
submitted to FMCSA. In fact, FMCSA has in certain situations made it
possible for industry to use electronic signatures and submit
information in limited electronic format. As an example, Certified
Medical Examiners may use electronic signatures, if they choose to do
so, to sign medical forms, certificates, and a new driver medication
report. If FMCSA requests these forms, they are uploaded in portable
document format (PDF) to the Medical Examiner's account associated with
the National Registry of Certified Medical Examiners for FMCSA to
access. Unfortunately, adapting all FMCSA systems to allow for use of
electronic signatures and submissions
[[Page 16216]]
would significantly delay the implementation of this rule for use by
third parties, as it would require FMCSA to develop and implement
technology systems to allow for direct submission to FMCSA from
regulated parties. Such development is often a multi-year process, as
has been seen in the ongoing implementation for the online Unified
Registration System. FMCSA sees no reason the opportunity for private
parties to use electronic signatures and records retention should be
dependent on FMCSA's ability to receive submissions electronically.
Doing so would delay potential benefits to be gained by third parties.
Thus, FMCSA is moving forward with this final rule, and will continue
to look for opportunities to expand electronic submission options in
the future.
FMCSA's intent is to provide the industry with an electronic
signature option for all instances where regulations currently require
the more traditional pen and ink signatures on documents to be created
and maintained by third parties (i.e., not submitted to FMCSA). We
welcome any input as to specific instances where we may have
inadvertently omitted the electronic signature option. This input can
be submitted using the information listed in the FOR FURTHER
INFORMATION CONTACT section of this final rule.
In response to OOIDA's concern, FMCSA notes that this rule merely
establishes parity between paper and electronic documents and gives the
industry more flexibility. The Agency does not intend to give
preference to electronic or paper records.
With regard to ATA's confusion over what constitutes an electronic
signature, FMCSA is purposely providing a performance standard, as
opposed to defining a specific technology to be used. There are
numerous ways to electronically sign a document. We leave to the
parties involved in the transaction to determine the method most
appropriate for their purposes.\3\
---------------------------------------------------------------------------
\3\ For general information on electronic signatures, the agency
recommends Nunno, Richard M., ``Electronic Signatures'', Library of
Congress' Congressional Research Service, CRS Rep. RS20344, Jan. 19,
2001, pgs. 1-2 at https://digital.library.unt.edu/ark:/67531/metacrs1448/m1/1/high_res_d/RS20344_2001Jan19.pdf, accessed March 9,
2018.
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VIII. This Final Rule
This final rule adopts the NPRM substantially as proposed, thereby
incorporating previously issued guidance into the CFR. This rule
establishes parity between paper and electronic documents and
signatures, and expands businesses' and individuals' ability to use
electronic methods to comply with certain of the Agency's requirements.
This rule only applies to documents between private parties that FMCSA
requires individuals or entities to retain. It also updates references
to outdated recordkeeping and reporting methods throughout chapter III
of subtitle B of title 49, Code of Federal Regulations (49 CFR parts
300-399) to make them technologically neutral.
This rulemaking implements portions of the GPEA and E-SIGN. It
removes the words ``original'' and ``written and electronic'' in many
cases where they still appeared in the regulatory text, in order to
provide parity between electronic and paper records.
In response to comments by AMSA and Atlas, FMCSA has also updated
Sec. 375.213 to allow electronic copies of the Ready to Move brochure
and Rights and Responsibilities document, provided they receive
agreement from the customer. Finally, the parenthetical has been
removed in Sec. Sec. 370.3(b) and 378.3(a) to ensure all claims are
filed in writing, either by paper or electronically.
This final rule does not adopt the changes proposed in part 389,
FMCSA's rulemaking procedures. Those changes are included in the August
7, 2017, document ``Rulemaking Procedures Update'' covering broader
changes to part 389 (82 FR 36719). The timing of the part 389 NPRM and
this final rule were such that addressing all part 389 changes in one
rulemaking was less confusing than attempting to finalize a few changes
in this final rule while proposing others in the August 7, 2017, part
389 NPRM.
In addition, this rule reflects changes made in the CFR between
April 2014 when the NPRM was published and April 16, 2018. For further
discussion of the changes, please see the Section-by-Section Analysis
in Part IX of this preamble.
IX. Section-by-Section Analysis
The Agency makes changes throughout its regulations to conform to
the new definition of ``written or in writing'' at Sec. Sec. 390.5 and
390.5T, which eliminates the distinction between paper and electronic
methods of communication. The term ``written'' no longer means ``on
paper.'' As a result the words ``electronic'' and ``paper'' are removed
throughout as long as they are no longer needed for an alternative
reason. This change can be found in parts 370, 371, 373, 375, 376, 378,
379, 382, 387, 391, 395, 396, and 398, and are not discussed any
further in this section as they remain unchanged from what was proposed
in the NPRM.\4\
---------------------------------------------------------------------------
\4\ Because the changes made in parts 371 and 396 are limited to
the removal of the words ``electronic'' and ``paper,'' they are not
discussed any further in the section-by-section analysis.
---------------------------------------------------------------------------
A. Part 370
49 CFR 370.3, 370.5, 370.9
FMCSA is removing the parenthetical ``(when agreed to by the
carrier and shipper or receiver involved)'' from 370.3(b) in response
to comments. All other changes to part 370 remain as proposed in the
NPRM.
49 CFR 370.7
In reviewing the CFR, FMCSA discovered an additional instance in
Sec. 370.7 where existing regulatory text could be updated to align
with the changes proposed in the NPRM. The Agency is removing
``original'' as referenced in the ``original bill of lading,''
``original invoice,'' and ``a photographic copy of the original
invoice, or an exact copy thereof or any extract made therefrom . . .''
These are either identical or similar to those that were included in
the NPRM, similar to the discussion in Sec. 390.32 below. FMCSA also
removes the word ``photographic'' to make this section technologically
neutral. Motor carriers, freight forwarders, consignees, and consignors
may still maintain a copy of the invoice or an extract made therefrom,
but they are free to choose the method of making that copy. We believe
that notice and comment on these changes is unnecessary as the
additional revisions are similar, if not identical, to changes that
were included in the NPRM and garnered no adverse comments.
B. Part 373
49 CFR 373.103
As proposed in the NPRM, in Sec. 373.103, FMCSA removes references
to ``original'' documents to reflect the practical reality that there
is no real distinction between originals and copies of electronic
documents. Moreover, these changes conform to the changes at Sec.
390.31 that permit parties to maintain accurate copies in lieu of
originals.
C. Part 375
49 CFR 375.505
The changes to Sec. 375.505 make clear that when a household goods
motor carrier transports a shipment on a collect-on-delivery basis,
notification of the charges can be made using any method of
communication, including, but not limited to fax, email, overnight
[[Page 16217]]
courier, certified mail, or return receipt requested.
D. Part 376
49 CFR 376.11
As proposed in the NPRM, FMCSA amends Sec. 376.11(b)(1) to remove
the outdated language specifying that receipts for leased equipment may
be transmitted by mail, telegraph, or similar means of communication.
Accordingly, the amended section no longer includes references to the
method of transmitting receipts, thereby giving the parties the freedom
to choose their own delivery method.
49 CFR 376.12
In paragraph (g), as proposed in the NPRM, FMCSA eliminates
outdated references to computer generated documents to eliminate the
distinction between electronic and manually generated documents. In
today's business and legal environment, there is no need to afford
special treatment to computer generated documentation; eliminating this
special treatment establishes technological neutrality in this section.
These changes do not mean, however, that parties are prohibited from
using computers to generate the documents required in this section. To
the contrary, all parties are free to conduct their business using the
technology they choose, as long as it otherwise meets the Agency's
requirements.
Also, as proposed in the NPRM, in paragraph (1), FMCSA eliminates
reference to the original of each lease for the same reasons explained
in the discussion of Sec. 373.103 above.
E. Part 378
49 CFR 378.4
In addition to removing ``original'' in Sec. 378.4(c) for the
reasons discussed in Sec. Sec. 370.7 and 373.103 above, FMCSA has
introduced a technical amendment in Sec. 378.4(e) to correct a
misspelling of the word ``orginal'' to be ``original''. The use of this
``original'' continues to be proper in this context of informing the
carrier that it must accept copies, but doing so means no one else can
come forward with the originals and make a duplicate claim. Otherwise,
this section remains as proposed.
F. Part 379
49 CFR 379.5
As previously drafted, section 379.5 required motor carriers to
protect records required under FMCSA's regulations from damage or loss.
The outdated language in paragraph (a) referred to physical damage that
generally can pertain only to paper records. FMCSA updates this
paragraph by changing it to require motor carriers to protect records
against destruction, deterioration, unauthorized access and
modification, and data corruption. This change reflects the importance
of maintaining the integrity of records regardless of the method used
to maintain them, and responds to those commenters who requested that
FMCSA ensure electronic records are protected from unauthorized
amendment. We have updated paragraph (b) to ensure FMCSA is notified in
any case where the integrity of the record is at issue.
49 CFR 379.7
As previously drafted, section 379.7 contained outdated record
preservation language that does not take into account the use of
computers and modern technology. As proposed in the NPRM, FMCSA
replaces this language with language that permits companies to preserve
records using any technology that accurately reflects all of the
information in the record and remains accessible for later use in
accordance with the Agency's record keeping requirements. These changes
conform to the requirements for electronic methods in new Sec. 390.32.
G. Part 380
49 CFR 380.715
Also in reviewing the CFR, FMCSA discovered an additional instance
where recently added regulatory text could be updated to align with the
changes proposed in the NPRM. The Agency has included a revision to
Sec. 380.715(a). FMCSA replaces the phrase ``assessments (in written
or electronic format)'' in this section with the phrase ``written
assessments'' to conform to the new definition of ``written or in
writing'' at Sec. Sec. 390.5 and 390.5T, which eliminates the
distinction between paper and electronic methods of communication. We
believe that notice and comment on this change is unnecessary as the
additional revision in Sec. 380.715 is similar, if not identical, to
changes that were included in the NPRM.
49 CFR 380.725
Entry-level driver training providers are required by Sec.
380.725(b)(2) to maintain a copy of the driver-trainee's commercial
learner's permit(s) or commercial driver's license, and Sec.
380.725(b)(3) requires these training providers maintain copies of
commercial driver's licenses and applicable endorsements held by
behind-the-wheel and theory instructors. As mentioned throughout this
preamble about copies of records, entry-level driver training providers
are free to choose the method of maintaining copies as long as it meets
the requirements in Sec. 390.31 which permit parties to maintain
accurate copies in lieu of originals.
H. Part 382
49 CFR 382.601
Also while reviewing the CFR, the Agency discovered an additional
instance where existing regulatory text could be updated to align with
the changes proposed in the NPRM. In this final rule, FMCSA made an
additional revision to Sec. 382.601(d). FMCSA removes the phrase ``the
original of'' in this section for the reasons explained in the
discussion of Sec. 373.103, above.
I. Part 387
49 CFR 387.7
As previously drafted, paragraph (b)(1) of Sec. 387.7 required
insurers and motor carriers to give 35 days' notice prior to cancelling
the financial responsibility policies required in Sec. 387.9. This
section formerly established mail as the only method of communicating
cancellations. As proposed in the NPRM, FMCSA amends this section by
replacing the word ``mailed'' with the more technologically neutral
term ``transmitted,'' and ``Proof of mailing'' with ``Proof of
transmission.'' This establishes parity between mailing and other
methods of transmission as proof of cancellation.
49 CFR 387.15
FMCSA amends Sec. 387.15 by removing the outdated 1982
illustration I and the outdated 1983 illustration II. These
illustrations represent FMCSA's predecessor Federal Highway
Administration's Forms MCS-90 and MCS-82. FMCSA will update the forms
by making non-substantive changes to these OMB-approved forms by
replacing the terms ``mailed'' with ``transmitted,'' and ``Proof of
mailing'' with ``Proof of transmission'' for the reasons explained in
the discussion of Sec. 387.7, above. FMCSA adds a reference to the
section that the public may access the current OMB-approved versions of
Forms MCS-90 and MCS-82 at FMCSA's website https://www.fmcsa.dot.gov/mission/forms. Thus, the public will have access to the most current
OMB-approved forms via FMCSA's website rather than outdated forms in
Sec. 387.15. This change is in addition to what was proposed in the
NPRM. Because the illustrations were not representations of the current
OMB-approved forms, we believe that
[[Page 16218]]
this change is not subject to notice and comment. It is a ministerial
action that removes confusion from the regulations. As such, notice and
comment are unnecessary.
49 CFR 387.31
As proposed, FMCSA amends Sec. 387.31(b)(1) by replacing the term
``mailed'' with ``transmitted,'' and ``Proof of mailing'' with ``Proof
of transmission'' for the reasons explained in the discussion of Sec.
387.7, above.
49 CFR 387.39
FMCSA amends Sec. 387.39 by removing the outdated 2003
illustrations I and II. These illustrations represent FMCSA's Forms
MCS-90B and MCS-82B. FMCSA will update the forms for the same reasons
explained in the discussion of Sec. Sec. 387.7 and 387.15, above.
FMCSA also adds a reference to the section that the public may access
the current OMB-approved versions of Forms MCS-90B and MCS-82B at
FMCSA's website https://www.fmcsa.dot.gov/mission/forms. This change is
in addition to what was proposed in the NPRM. Because the illustrations
were not representations of the current OMB-approved forms, we believe
that this change is not subject to notice and comment. It is a
ministerial action that removes confusion from the regulations. As
such, notice and comment are unnecessary.
J. Part 390
49 CFR 390.5 and 390.5T
FMCSA moves the definition for ``electronic signature'' from
proposed Sec. 390.32(c)(2) to Sec. Sec. 390.5 and 390.5T, and adds a
Sec. 390.5T cross reference for the term to Sec. 390.32(c)(1). As
discussed in the response to comments about electronic signatures
earlier in this preamble, an electronic signature continues to mean a
method of signing an electronic communication that: (1) Identifies and
authenticates a particular person as the source of the electronic
communication; and (2) indicates such person's approval of the
information contained in the electronic communication.
Based on a few commenters' confusion with the definition, FMCSA
adds a clarifying phrase that the definition is in accordance with the
Government Paperwork Elimination Act (Pub. L. 105-277, Title XVII,
Secs. 1701-1710, 112 Stat. 2681-749, 44 U.S.C. 3504 note). This will
ensure that regulated entities know FMCSA is using GPEA's performance
standard for allowing use of electronic signatures. This change also is
made to the currently suspended Sec. 390.5, to ensure that when FMCSA
rescinds the suspension, the changes made by this final rule will
remain intact.
As proposed, FMCSA introduces the definition of ``written or in
writing'' in Sec. Sec. 390.5 and 390.5T. The new definition is
technologically neutral and includes anything typed, handwritten, or
printed on a tangible medium, such as paper, as well as anything typed
or generated electronically, as long as it otherwise meets the new
standards in Sec. 390.32. This definition establishes technological
neutrality throughout the FMCSRs and eliminates any distinction between
paper and electronic documentation as being ``written or in writing.''
49 CFR 390.7
As proposed in the NPRM, FMCSA removes the outdated explanation of
the term ``writing'' from the rules of construction in Sec.
390.7(b)(2). As explained above, FMCSA has implemented a new definition
of ``written or in writing'' in Sec. Sec. 390.5 and 390.5T.
49 CFR 390.31
Revised Sec. 390.31 permits persons or entities subject to
document retention requirements to keep copies in lieu of originals. As
proposed in the NPRM, FMCSA removes the reference to microfilm as the
only acceptable method for storing such copies. It also removes the
prohibition on using computer technology to maintain documents with
signatures. This change provides the flexibility to choose the type of
recordkeeping and storage that best suits an entity's capacities and
business needs. To comply with the requirements of this section, copies
must be legible; anyone entitled to inspect them must be able to view
and read the content required to be in the record. The requirement that
the Agency be able to inspect records applies regardless of whether the
copy is in paper or electronic form.
49 CFR 390.32
As proposed in the NPRM, new Sec. 390.32 permits any person or
entity to use electronic methods to comply with any provision in
chapter III of subtitle B of title 49, Code of Federal Regulations (49
CFR parts 300-399) that requires a document to be signed, certified,
generated, maintained, or exchanged. It applies to all forms of written
documentation, including forms, records, notations, and other
documents. This rule establishes parity between paper and electronic
documents and signatures, greatly expanding interested parties' ability
to use electronic methods to comply with FMCSA's requirements.
Paragraph (a) specifies that the rule applies only to documents
that FMCSA requires entities or individuals to retain, regardless of
whether the Agency subsequently requires them to be produced or
displayed at the request of an FMCSA official or other parties entitled
to access. It does not apply to documents that individuals or entities
are required to file directly with the Agency. For more information
about electronic filing methods for documents filed directly with
FMCSA, interested parties can consult specific program information on
FMCSA's website (www.fmcsa.dot.gov).
Paragraph (b) permits, but does not require, any entity to satisfy
FMCSA requirements by using electronic methods to generate, maintain,
or exchange documents. The substance of the document would otherwise
have to comply with applicable Federal laws and Agency rules.
Paragraph (c) permits, but does not require, any entity required to
sign or certify a document to do so using electronic signatures. The
rule specifies that a person may use any available technology so long
as the signature otherwise complies with FMCSA's requirements. In
response to comments, this paragraph has been further revised to
include that any electronically signed documents must incorporate or
otherwise include evidence that both parties have consented to the use
of electronic signatures, as required by the E-SIGN Act (15 U.S.C.
7001(c)).
Paragraph (d) establishes the minimum requirements for electronic
documents and signatures. Any electronic document or signature would be
considered the legal equivalent of a paper document or signature if it
is the functional equivalent with respect to integrity, accuracy, and
accessibility. In other words, the electronic documents or signatures
need to accurately and reliably reflect the information in the record.
They must remain accessible in a form that could be accurately viewed
or reproduced according to Agency rules.
Electronic documents are not to be considered the legal equivalent
of traditional paper documents if they are not capable of being
retained and accurately reproduced for reference by any entity entitled
to access by law, for the period of time required by the Agency's
recordkeeping requirements. For example, if Agency rules require that a
document be produced upon demand, such as a record of duty status
requested by an enforcement officer, the entity must be able to provide
the
[[Page 16219]]
Agency with an accurate copy of the electronic record upon demand.
Similarly, if Agency rules require that a document be produced to the
Agency within 48 hours, such as a motor carrier with multiple offices,
the entity would have to provide the Agency with an accurate copy of
the electronic record within 48 hours. The person inspecting the
document must be able to view and read the content of that electronic
record. As with any documents, paper or electronic, documents that are
not legible--for any reason--do not satisfy the Agency's requirements.
This rule does not apply to other agencies' rules, even if FMCSA
requires compliance with those rules. For example, some of FMCSA's
regulations cross-reference other agencies' rules, such as those
related to drug and alcohol testing (49 CFR part 40) and hazardous
materials (49 CFR parts 105-199). In addition, if a motor carrier is
operating in a foreign country, it must follow any rules that apply in
that country.
K. Part 391
Former 49 CFR 391.55 required each motor carrier to maintain a
``photographic'' copy of a Longer Combination Vehicle driver-
instructor's commercial driver's license. But current technology for
reproducing documents is not limited to photographic methods; other
methods for capturing digital images also exist. Accordingly, as
proposed in the NPRM, FMCSA removes the word ``photographic'' to make
this section technologically neutral. Motor carriers are still required
to maintain a copy of the Longer Combination Vehicle driver-
instructor's commercial driver's license, but they are free to choose
the method of making that copy.
L. Part 395
49 CFR 395.8
Former Sec. 395.8(f)(2) required that RODS be made in the driver's
own handwriting. Recognizing that many drivers and motor carriers
prefer to use electronic RODS, including electronic signatures, FMCSA
proposed removal of the requirement that RODS be in the driver's own
handwriting and adopts the rule as proposed. But drivers are still
required to make their own entries; and those entries are required to
be legible, regardless of the medium used to record them. This change
permits drivers to choose whether to use electronic or handwritten
entries and signatures. For example, a driver could make RODS entries
in his or her own handwriting with a handwritten signature;
electronically with an electronic signature; or typed and then
subscribed with a handwritten signature, depending on the method used
to record RODS.
49 CFR 395.15
Formerly Sec. 395.15 (b)(2) permitted use of automatic on-board
recording devices (AOBRDs) in conjunction with handwritten or printed
RODS. Recognizing that many drivers and motor carriers prefer to use
electronic means of recording duty status, FMCSA removes reference to
handwritten or printed RODS, as proposed in the NPRM. The changes
permit drivers and motor carriers to use RODS maintained in other media
in conjunction with AOBRDs, as long as they otherwise meet FMCSA's
requirements.
Former paragraph (b)(4) required a driver to have the previous 7
consecutive days of RODS available for inspection and specified that
those RODS can be from an AOBRD, handwritten records, computer
generated records, or any combination thereof. As proposed in the NPRM,
FMCSA makes this section technologically neutral by removing reference
to handwritten and computer generated records. Drivers are still
permitted to use handwritten or computer generated records, but they
are free to choose any medium for maintaining these records that
otherwise meets FMCSA's requirements.
As previously drafted, paragraph (b)(5) referenced ``hard copies''
of the RODS documents described in paragraph (b)(4). As proposed, FMCSA
removes reference to ``hard copies'' for the same reasons explained in
the discussion of paragraph (b)(4) above.
In paragraph (e), FMCSA removes, as proposed, the requirement that
RODS be made in a driver's own handwriting for the reasons explained in
the discussion of Sec. 395.8(f)(2), above.
In paragraph (f), FMCSA removes, as proposed, the requirement that
RODS be made in a driver's own handwriting for the reasons explained in
the discussion of Sec. 395.8(f)(2), above.
In paragraph (h), FMCSA removes, as proposed, the option that RODS
may be submitted to employers via mail for the same reasons explained
in the discussion of Sec. 387.7, above.
In the introduction to paragraph (i), FMCSA removes, as proposed,
reference to handwritten RODS for the reasons explained in the
discussion of Sec. 395.8(f)(2), above. In paragraphs (i)(4) and (7),
FMCSA removes, as proposed, outdated language applicable to AOBRDs
installed before October 31, 1988. FMCSA does not believe that AOBRDs
installed before this date are still in use. As such, this language is
no longer necessary.
M. Part 398
As proposed in the NPRM and for the same reasons explained in the
discussion of Sec. 391.55 above, FMCSA removes the requirement in 49
CFR 398.3 that certain documents must be ``photographically
reproduced.''
X. International Impacts
The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries that they operate in, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences amongst nations.
XI. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and DOT Regulatory Policies and
Procedures
FMCSA determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866 (58 FR 51735,
October 4, 1993), Regulatory Planning and Review, as supplemented by
E.O. 13563 (76 FR 3821, January 21, 2011), Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. Accordingly,
the Office of Management and Budget (OMB) has not reviewed it under
that Order. It is also not significant within the meaning of DOT
regulatory policies and procedures (DOT Order 2100.5 dated May 22,
1980; 44 FR 11034, February 26, 1979).
This final rule does not impose new requirements, and it is
expected to provide regulatory relief to the industry. It codifies
previously issued regulatory guidance that provides flexibility to the
industry in the use of electronic documents and electronic signatures,
and removes outdated and obsolete references in the regulatory text.
Examples of documents affected by this rule include vehicle maintenance
records, driver qualification files, bills of lading, and business
records. Regulated entities are provided additional flexibility and may
choose to conduct business using either electronic versions or
traditional paper-based versions of these types of documents.
Because the choice of using electronic methods is optional and not
mandatory, and regulated entities may continue to use traditional
paper-based methods if
[[Page 16220]]
they desire to do so, the Agency expects regulated entities will choose
those methods that best suit their individual needs. For those
regulated entities that do choose to use electronic documents and
methods under this rule, potential cost savings may include reduced
expenditures on labor time, office and storage space, materials, and
office equipment. For example, specific types of savings could include
purchasing less paper and toner/ink, printing fewer documents,
requiring fewer file cabinets or document boxes for storage of paper
documents, using less space for storage of paper documents, expending
less labor time in activities such as handling and filing of paperwork,
expending less labor time in identifying and retrieving documents, and
transmitting fewer paper documents by mail or courier services.
Because the previously issued regulatory guidance that is now being
codified in this final rule has been in place for several years, since
January 4, 2011, it is believed that many regulated entities for whom
the use of electronic documents and methods best suits their needs may
have already made this transition from traditional paper-based methods.
Therefore, many of the potential cost savings possible from this rule
may have largely already occurred. It is estimated that though there
may still be some additional incremental cost savings that could result
from the regulatory flexibility being codified by this final rule
(e.g., for any remaining regulated entities that may desire at some
time to use electronic documents and methods but have not yet made this
transition), overall these additional cost savings will be minimal.
Furthermore, these potential remaining additional cost savings cannot
be reliably quantified or monetized. Factors contributing to
difficulties in quantifying the potential cost savings include the
variety of records and documents potentially affected across multiple
FMCSA regulations, a lack of information regarding the number of
records or documents signed, certified, generated, exchanged, or
maintained, and a lack of information regarding the extent to which
electronic documents and signatures have already been voluntarily
adopted under existing FMCSA guidance.
Of the comments submitted to the April 28, 2014, NPRM, discussed
earlier in Section VII, Comments and Responses, none provided data or
information to suggest that this final rule would be a significant
regulatory action.
In light of the above considerations, the Agency does not believe
that the rule would have an annual effect on the economy of $100
million or more, nor would it meet any of the other criteria presented
in section 3(f) of E.O. 12866, Regulatory Planning and Review, for a
significant regulatory action. Therefore, as noted earlier, FMCSA has
determined that this final rule is not a significant regulatory action.
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
E.O. 13771 (82 FR 9339, February 3, 2017), Reducing Regulation and
Controlling Regulatory Costs, requires that for ``every one new [E.O.
13771 regulatory action] issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
Implementation guidance for E.O. 13771 issued by the Office of
Management and Budget (OMB) (Memorandum M-17-21, April 5, 2017) defines
two different types of E.O. 13771 actions: An E.O. 13771 regulatory
action, and an E.O. 13771 deregulatory action.
An E.O. 13771 regulatory action is defined as:
(i) A significant action as defined in Section 3(f) of E.O. 12866
that has been finalized, and that imposes total costs greater than
zero; or
(ii) a significant guidance document (e.g., significant
interpretive guidance) reviewed by OIRA under the procedures of E.O.
12866 that has been finalized and that imposes total costs greater than
zero.
The Agency action, in this case a rulemaking, must meet both the
significance and the total cost criteria to be considered an E.O. 13771
regulatory action. This rulemaking is not a significant regulatory
action as defined in Section 3(f) of E.O. 12866, and therefore does not
meet the significance criterion for being an E.O. 13771 regulatory
action. Consequently, this rulemaking is not an E.O. 13771 regulatory
action.
An E.O. 13771 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' As discussed
earlier, this final rule does not impose new requirements, and it is
expected to provide regulatory relief to the industry. Because the
choice of using electronic methods is optional and not mandatory, and
regulated entities may continue to use traditional paper-based methods
if they desire to do so, the Agency expects regulated entities will
choose those methods that best suit their individual needs. For those
regulated entities that do choose to use electronic documents and
methods under this rule, potential cost savings may include reduced
expenditures on labor time, office and storage space, materials, and
office equipment. Consequently, this rule has total costs less than
zero, and therefore is a deregulatory action under E.O. 13771. However,
as discussed earlier, it is believed that many regulated entities for
whom the use of electronic documents and methods best suits their needs
may have already made this transition from traditional paper-based
methods under existing FMCSA guidance, and therefore many of the
potential cost savings possible from this rule may have largely already
occurred. It is estimated that though there may still be some
additional incremental cost savings that could result from the
regulatory flexibility being codified by this final rule (e.g., for any
remaining regulated entities that may desire at some time to use
electronic documents and methods but have not yet made this
transition), overall these additional cost savings will be minimal.
Furthermore, these potential remaining additional cost savings cannot
be reliably quantified or monetized because of the large variety of
records and documents potentially affected across multiple FMCSA
regulations, a lack of information regarding the number of records or
documents signed, certified, generated, exchanged, or maintained, and a
lack of information regarding the extent to which electronic documents
and signatures have already been voluntarily adopted under existing
FMCSA guidance. Therefore, though it is expected that there will be
some additional incremental cost savings that will result from this
final rule, these cost savings are expected to be minimal and are not
quantified.
As a deregulatory action under E.O. 13771, this rule contributes to
Agency compliance with section 2(a) of E.O. 13771 regarding issuing at
least two E.O. 13771 deregulatory actions for each E.O. 13771
regulatory action. Because the cost savings resulting from this rule
are not quantified, this rule does not however contribute towards
Agency compliance with section 2(c) of E.O. 13771 regarding offsetting
the costs of E.O. 13771 regulatory actions with cost savings from E.O.
13771 deregulatory actions.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small
[[Page 16221]]
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000.
Accordingly, DOT policy requires an analysis of the impact of all
regulations on small entities, and mandates that agencies strive to
lessen any adverse effects on these businesses. Under the Regulatory
Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), the
rule is not expected to have a significant economic impact on a
substantial number of small entities. As discussed earlier, though it
is expected that there will be some additional incremental cost savings
that will result from this final rule, these cost savings are expected
to be minimal, and to the extent that they occur they will be
beneficial to the entities that realize these cost savings.
Consequently, I certify the action will not have a significant economic
impact on a substantial number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult the FMCSA point of contact
listed in the For Further Information Contact section of this rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector, of $156 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2015 levels) or more in any one year. Though this final rule will not
result in such an expenditure, the Agency does discuss the potential
effects of this rule elsewhere in this preamble.
F. Paperwork Reduction Act (Collection of Information)
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule
codifies FMCSA regulatory guidance within the CFR, allowing those
documents that FMCSA's regulations obligate entities or individuals to
retain, many of which are generated as part of customary and usual
business or private practices, to be maintained electronically or in
paper form. This rule does not apply to forms or other documents that
must be submitted directly to FMCSA; the regulations which state that
those documents either must or may be submitted to FMCSA in electronic
format (such as those covered by 49 CFR part 382, subpart G) are not
impacted by this final rule, and any paperwork burdens associated with
those rules were already analyzed by FMCSA in prior rulemakings.
For this final rule, FMCSA reviewed all current, active, OMB-
approved information collection request (ICR) supporting statements.
These statements are available for public inspection via
www.reginfo.gov. Table 1 shows the 27 active ICRs covering the rules in
49 CFR parts 300 to 399 that are being impacted by this final rule
allowing electronic methods or signatures. Each of these listed
collections currently allows for electronic creation, retention, or
signature of records covered by the collection. We also show the
current expiration date for each collection.
Table 1
----------------------------------------------------------------------------------------------------------------
OMB Current
OMB Control No. Title expiration date
----------------------------------------------------------------------------------------------------------------
2126-0001.................................... Hours of Service (HOS) of Drivers Regulations. 6/30/2019
2126-0003.................................... Inspection, Repair and Maintenance............ 7/31/2018
2126-0004.................................... Driver Qualification Files.................... 1/31/2020
2126-0006.................................... Medical Qualification Requirements............ 8/31/2018
2126-0008.................................... Financial Responsibility for Motor Carriers of 1/31/2020
Passengers and Motor Carriers of Property.
2126-0009.................................... Accident Recordkeeping Requirements........... 9/30/2020
2126-0011.................................... Commercial Driver Licensing and Test Standards 10/31/2018
2126-0013.................................... Motor Carrier Identification Report........... 4/30/2019
2126-0014.................................... Transportation of Hazardous Materials, Highway 4/30/2020
Routing.
2126-0015.................................... Designation of Agents, Motor Carriers, Brokers 1/31/2020
and Freight Forwarders.
2126-0016.................................... Licensing Applications for Motor Carrier 1/31/2020
Operating Authority.
2126-0017.................................... Financial Responsibility, Trucking and Freight 5/31/2020
Forwarding.
2126-0018.................................... Request for Revocation of Authority Granted... 9/30/2020
2126-0019.................................... Application for Certificate of Registration 10/31/2018
for Foreign Motor Carriers and Foreign Motor
Private Carriers.
2126-0025.................................... Transportation of Household Goods; Consumer 8/31/2019
Protection.
2126-0026.................................... Training Certification for Drivers of Longer 5/31/2020
Combination Vehicles.
2126-0028.................................... Training Certification for Entry-Level 4/30/2020
Commercial Motor Vehicle Operators.
2126-0030.................................... Hazardous Materials Safety Permits............ 8/31/2020
2126-0051.................................... FMCSA Registration/Update(s).................. 1/31/2020
2126-0054.................................... Commercial Motor Vehicle Marking Requirements. 8/31/2018
2126-0056.................................... Lease and Interchange of Vehicles............. 8/31/2018
2126-0057.................................... Commercial Driver's License Drug and Alcohol 1/31/2020
Clearinghouse.
[[Page 16222]]
2126-0060.................................... Motor Carrier Records Change Form............. 7/31/2018
2126-0062.................................... Electronic Logging Device (ELD) Registration.. 12/31/2018
2126-0063.................................... State Commercial Driver's License Program Plan 12/31/2018
2126-0064.................................... 391.41 CMV Driver Medication Form............. 1/31/2020
2126-0065.................................... Commercial Driver's License Skills Testing 2/28/2019
Delays.
----------------------------------------------------------------------------------------------------------------
Each of the above-listed collections has a section in its
supporting statement discussing the extent to which automated
information collection, creation, or storage is expected to occur. For
example, FMCSA's ``Lease and Interchange of Vehicles'' ICR, 2126-0056,
states ``Leases may be created and maintained electronically. FMCSA
estimates that 50% of the leases are electronic.''
Therefore, there are no new collections of information under the
Paperwork Reduction Act of 1995 for OMB to approve, nor are there any
revisions of currently approved collections required by this final
rule.
G. E.O. 13132 (Federalism)
A rule has implications for federalism under Section 1(a) of E.O.
13132, if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
H. E.O. 12988 (Civil Justice Reform)
This final rule 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.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this final rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, the Agency does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
J. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.
K. Privacy
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This final rule does not require the
collection of personally identifiable information (PII).
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined that this rule would not result in a new or revised
Privacy Act System of Records for FMCSA.
The E-Government Act of 2002, Public Law 107-347, sec. 208, 116
Stat. 2899, 2921 (December 17, 2002), requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology would collect,
maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.
L. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372, regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
M. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.
N. E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
O. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.
[[Page 16223]]
P. Environment (NEPA, CAA, E.O. 12898 Environmental Justice)
FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraph (6)(q) and paragraph (6)(y). The Categorical
Exclusion (CE) in paragraph (6)(q) covers regulations implementing
record preservation procedures for motor carriers, brokers, and
household goods freight forwarders, including record types retained and
retention periods. The CE in paragraph (6)(y) covers motor carrier
identification and registration reports, and requirements about motor
carriers', drivers', brokers', and freight forwarders' copies of
records. The content in this rule is covered by these CEs and the final
action does not have any effect on the quality of the environment. The
CE determination is available for inspection or copying in the Federal
eRulemaking Portal: http://www.regulations.gov.
FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this proposed rule in accordance with the E.O., and
has determined that no environmental justice issue is associated with
this final rule, nor is there any collective environmental impact that
would result from its promulgation.
List of Subjects
49 CFR Part 370
Freight forwarders, Investigations, and Motor carriers.
49 CFR Part 371
Brokers, Motor carriers, and Reporting and recordkeeping
requirements.
49 CFR Part 373
Buses, Freight, Freight forwarders, Motor carriers, and Moving of
household goods.
49 CFR Part 375
Advertising, Consumer protection, Freight, Highways and roads,
Insurance, Motor carriers, Moving of household goods, and Reporting and
recordkeeping requirements.
49 CFR Part 376
Motor carriers, and Reporting and recordkeeping requirements.
49 CFR Part 378
Freight forwarders, Investigations, Motor carriers, and Moving of
household goods.
49 CFR Part 379
Freight forwarders, Maritime carriers, Motor carriers, Moving of
household goods, and Reporting and recordkeeping requirements.
49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety, and
Transportation.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, and Surety bonds.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, and Reporting and recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety, and
Transportation.
49 CFR Part 395
Highway safety, Motor carriers, and Reporting and recordkeeping
requirements.
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, and Reporting
and recordkeeping requirements.
49 CFR Part 398
Highway safety, Migrant labor, Motor carriers, Motor vehicle
safety, and Reporting and recordkeeping requirements.
For the reasons stated in the preamble, FMCSA amends 49 CFR,
chapter III, as follows:
PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
0
1. The authority citation for part 370 continues to read as follows:
Authority: 49 U.S.C. 13301, 14706; and 49 CFR 1.87.
Sec. 370.3 [Amended]
0
2. Amend Sec. 370.3 as follows:
0
a. Remove the words ``or electronic'' and the parenthetical ``(when
agreed to by the carrier and shipper or receiver involved)'' from
paragraph (b) introductory text, and
0
b. Remove the phrase ``where claims are electronically handled,'' from
paragraph (b)(3).
Sec. 370.5 [Amended]
0
3. Amend Sec. 370.5 in paragraph (a) as follows:
0
a. Remove the phrase ``or by electronic transmission'', and
0
b. Remove both additional instances of the words ``or electronically''.
0
4. Amend Sec. 370.7 by revising paragraph (b) to read as follows:
Sec. 370.7 Investigation of claims.
* * * * *
(b) Supporting documents. When a necessary part of an
investigation, each claim shall be supported by the bill of lading,
evidence of the freight charges, if any, and either the invoice, a copy
of the invoice, or an exact copy thereof or any extract made therefrom,
certified by the claimant to be true and correct with respect to the
property and value involved in the claim; or certification of prices or
values, with trade or other discounts, allowance, or deductions, of any
nature whatsoever and the terms thereof, or depreciation reflected
thereon; Provided, however, That where property involved in a claim has
not been invoiced to the consignee shown on the bill of lading or where
an invoice does not show price or value, or where the property involved
has been sold, or where the property has been transferred
[[Page 16224]]
at bookkeeping values only, the carrier shall, before voluntarily
paying a claim, require the claimant to establish the destination value
in the quantity, shipped, transported, or involved; Provided, further,
That when supporting documents are determined to be a necessary part of
an investigation, the supporting documents are retained by the carriers
for possible FMCSA inspection.
* * * * *
Sec. 370.9 [Amended]
0
5. Amend Sec. 370.9 in paragraph (a) as follows:
0
a. Remove the phrase ``or electronically transmitted''; and
0
b. Remove both additional instances of the words ``or electronically''.
PART 371--BROKERS OF PROPERTY
0
6. The authority citation for part 371 continues to read as follows:
Authority: 49 U.S.C. 13301, 13501, 14122; subtitle B, title IV,
Pub. L. 109-59; and 49 CFR 1.87.
Sec. 371.109 [Amended]
0
7. Amend Sec. 371.109 as follows:
0
a. Remove the last sentence in paragraph (a); and
0
b. Remove the last sentence in paragraph (b).
Sec. 371.111 [Amended]
0
8. Amend Sec. 371.111 in paragraph (c) as follows:
0
a. Remove the comma after the word ``dated''; and
0
b. Remove the words ``electronic or paper''.
PART 373--RECEIPTS AND BILLS
0
9. The authority citation for part 373 continues to read as follows:
Authority: 49 U.S.C. 13301, 13531, 14706; and 49 CFR 1.87.
0
10. Amend Sec. 373.103 by:
0
a. Redesignating paragraph (a) introductory text as (a)(1) and
paragraphs (a)(1) through (11) as paragraphs (a)(1)(i) through (xi);
0
b. Designating the undesignated paragraph following newly redesignated
paragraph (a)(1)(xi) as paragraph (a)(2);
0
c. Redesignating paragraph (b) introductory text as paragraph (b)(1)
and paragraphs (b)(1) through (11) as (b)(1)(i) through (xi);
0
d. Designating the undesignated paragraph following newly redesignated
paragraph (b)(1)(xi) as paragraph (b)(2); and
0
e. Revising newly designated paragraphs (a)(2) and (b)(2).
The revisions read as follows:
Sec. 373.103 For-hire, non-exempt expense bills.
(a) * * *
(2) The shipper or receiver owing the charges shall be given the
freight or expense bill and the carrier shall keep a copy as prescribed
at 49 CFR part 379.
* * * * *
(b) * * *
(2) The carrier shall keep a copy of all expense bills issued for
the period prescribed at 49 CFR part 379. If any expense bill is
spoiled, voided, or unused for any reason, a written record of its
disposition shall be retained for a like period.
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS
0
11. The authority citation for part 375 continues to read as follows:
Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902,
14104, 14706, 14708; subtitle B, title IV, Pub. L. 109-59; and 49
CFR 1.87.
0
12. Amend Sec. 375.209 by revising paragraph (b)(3) to read as
follows:
Sec. 375.209 How must I handle complaints and inquires?
* * * * *
(b) * * *
(3) A system for recording in writing all inquiries and complaints
received from an individual shipper by any means of communication.
* * * * *
0
13. Amend Sec. 375.213 by revising paragraphs (a), (b)(1), (e)
introductory text, and (e)(2) to read as follows:
Sec. 375.213 What information must I provide to a prospective
individual shipper?
(a) When you provide the written estimate to a prospective
individual shipper, you must also provide the individual shipper with
the DOT publication titled ``Ready to Move?--Tips for a Successful
Interstate Move'' (Department of Transportation publication FMCSA-ESA-
03-005, or its successor publication). You must provide the individual
shipper with a copy or provide a hyperlink on your internet website to
the FMCSA website containing that publication.
(b) * * *
(1) The contents of appendix A of this part, titled ``Your Rights
and Responsibilities When You Move'' (Department of Transportation
publication FMCSA-ESA-03-006, or its successor publication). You must
provide the individual shipper with a copy or provide a hyperlink on
your internet website to the FMCSA website containing the information
in FMCSA's publication ``Your Rights and Responsibilities When You
Move.''
* * * * *
(e) If an individual shipper elects to waive receipt of the Federal
consumer protection information by one of the methods described in
paragraphs (a) and (b)(1) of this section, and elects to access the
same information via the hyperlink on the internet:
* * * * *
(2) You must obtain a signed, dated receipt showing the individual
shipper has received both booklets that includes, if applicable,
verification of the shipper's agreement to access the Federal consumer
protection information on the internet.
* * * * *
0
14. Amend Sec. 375.505 by revising paragraph (b)(5) to read as
follows:
Sec. 375.505 Must I write up a bill of lading?
* * * * *
(b) * * *
(5) When you transport on a collect-on-delivery basis, the name,
address, and if furnished, the telephone number, fax number, or email
address of a person to notify about the charges. The notification may
be made by any method of communication, including, but not limited to,
fax transmission; email; overnight courier; or certified mail, return
receipt requested.
* * * * *
PART 376--LEASE AND INTERCHANGE OF VEHICLES
0
15. The authority citation for part 376 continues to read as follows:
Authority: 49 U.S.C. 13301, 14102; and 49 CFR 1.87.
Sec. 376.11 [Amended]
0
16. Amend Sec. 376.11 as follows:
0
a. Remove the last sentence in paragraph (b)(1);
0
b. Remove the word ``papers'' and add in its place ``documents'' in the
third and fourth sentences of paragraph (d)(1); and
0
c. Remove the words ``or papers'' from the fifth sentence of paragraph
(d)(1).
0
17. Amend Sec. 376.12 by revising paragraphs (f), (g), and (l) to read
as follows:
Sec. 376.12 Lease requirements.
* * * * *
(f) Payment period. The lease shall specify that payment to the
lessor shall be made within 15 days after submission of the necessary
delivery documents concerning a trip in the service of the authorized
carrier. The documentation required before the
[[Page 16225]]
lessor can receive payment is limited to log books required by the
Department of Transportation and those documents necessary for the
authorized carrier to secure payment from the shipper. In addition, the
lease may provide that, upon termination of the lease agreement, as a
condition precedent to payment, the lessor shall remove all
identification devices of the authorized carrier and, except in the
case of identification painted directly on equipment, return them to
the carrier. If the identification device has been lost or stolen, a
letter certifying its removal will satisfy this requirement. Until this
requirement is complied with, the carrier may withhold final payment.
The authorized carrier may require the submission of additional
documents by the lessor but not as a prerequisite to payment. Payment
to the lessor shall not be made contingent upon submission of a bill of
lading to which no exceptions have been taken. The authorized carrier
shall not set time limits for the submission by the lessor of required
delivery documents.
(g) Copies of freight bill or other form of freight documentation.
When a lessor's revenue is based on a percentage of the gross revenue
for a shipment, the lease must specify that the authorized carrier will
give the lessor, before or at the time of settlement, a copy of the
rated freight bill, or, in the case of contract carriers, any other
form of documentation actually used for a shipment containing the same
information that would appear on a rated freight bill. Regardless of
the method of compensation, the lease must permit lessor to examine
copies of the carrier's tariff or, in the case of contract carriers,
other documents from which rates and charges are computed, provided
that where rates and charges are computed from a contract of a contract
carrier, only those portions of the contract containing the same
information that would appear on a rated freight bill need be
disclosed. The authorized carrier may delete the names of shippers and
consignees shown on the freight bill or other form of documentation.
* * * * *
(l) Copies of the lease. The parties must sign the lease. The
authorized carrier shall keep a copy and shall place another copy of
the lease on the equipment during the period of the lease unless a
statement as provided for in Sec. 376.11(c)(2) is carried on the
equipment instead. The owner of the equipment shall keep a copy of the
lease.
* * * * *
PART 378--PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND
DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT OR OVERCOLLECTION
CLAIMS
0
18. The authority citation for part 378 continues to read as follows:
Authority: 49 U.S.C. 13321, 14101, 14704, 14705; and 49 CFR
1.87.
Sec. 378.3 [Amended]
0
19. Amend Sec. 378.3 in paragraph (a) by removing the words ``or
electronically communicated (when agreed to by the carrier and shipper
or receiver involved)'' from the first sentence.
0
20. Amend Sec. 378.4 as follows:
0
a. Revise paragraph (b) introductory text;
0
b. Revise paragraph (c); and
0
c. In paragraph (e) remove the term ``orginal'' and add in its place
``original''.
The revisions read as follows:
Sec. 378.4 Documentation of claims.
* * * * *
(b) Claims for overcharge shall be accompanied by the freight bill.
Additional information may include, but is not limited to, the
following:
* * * * *
(c) Claims for duplicate payment and overcollection shall be
accompanied by the freight bill(s) for which charges were paid and by
freight bill payment information.
* * * * *
Sec. 378.5 [Amended]
0
21. Amend Sec. 378.5 in paragraph (c) by removing the words ``or
electronically transmitted''.
Sec. 378.6 [Amended]
0
22. Amend Sec. 378.6 by removing the words ``or electronic''.
0
23. Revise Sec. 378.7 to read as follows:
Sec. 378.7 Acknowledgment of claims.
Upon receipt of a written claim, the carrier shall acknowledge its
receipt in writing to the claimant within 30 days after the date of
receipt except when the carrier shall have paid or declined in writing
within that period. The carrier shall include the date of receipt in
its written claim, which shall be placed in the file for that claim.
0
24. Revise Sec. 378.8 to read as follows:
Sec. 378.8 Disposition of claims.
The processing carrier shall pay, decline to pay, or settle each
written claim within 60 days after its receipt by that carrier, except
where the claimant and the carrier agree in writing to a specific
extension based upon extenuating circumstances. If the carrier declines
to pay a claim or makes settlement in an amount different from that
sought, the carrier shall notify the claimant in writing of the
reason(s) for its action, citing tariff authority or other pertinent
information developed as a result of its investigation.
PART 379--PRESERVATION OF RECORDS
0
25. The authority citation for part 379 continues to read as follows:
Authority: 49 U.S.C. 13301, 14122, 14123; and 49 CFR 1.87.
0
26. Revise Sec. 379.5 to read as follows:
Sec. 379.5 Protection and storage of records.
(a) The entity shall protect records subject to this part from
destruction, deterioration, unauthorized access, modification and/or
data corruption.
(b) The entity shall notify the Secretary if prescribed records are
substantially destroyed, damaged, accessed and modified without
authorization, or otherwise corrupted.
0
27. Revise Sec. 379.7 to read as follows:
Sec. 379.7 Preservation of records.
(a) All records may be preserved by any technology that accurately
reflects all of the information in the record and remains accessible in
a form that can be accurately reproduced later for reference.
(b) Common information, such as instructions, need not be preserved
for each record as long as it is common to all such forms and an
identified specimen of the form is maintained for reference.
Appendix A to Part 379 [Amended]
0
28. Amend appendix A to part 379 in sections A.3.(d), B.3., F.1.(b),
I.3.(c), I.5.(b), and I.5.(c) by removing the word ``papers'' and
adding in its place the word ``documents''.
PART 380--SPECIAL TRAINING REQUIREMENTS
0
29. The authority citation for part 380 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, and
31502; sec. 4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-
2152); sec. 32304 of Pub. L. 112-141; and 49 CFR 1.87.
0
30. Amend Sec. 380.715 by revising paragraph (a) to read as follows:
Sec. 380.715 Assessments.
(a) Training providers must use written assessments to determine
driver-trainees' proficiency in the knowledge objectives in the theory
portion of each unit of instruction in appendices A
[[Page 16226]]
through E of part 380, as applicable. The driver-trainee must receive
an overall minimum score of 80 percent on the theory assessment.
* * * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
31. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
Sec. 382.601 [Amended]
0
32. Amend Sec. 382.601 by removing the phrase ``the original of'' from
the second sentence of paragraph (d).
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
33. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; and 49 CFR 1.87.
0
34. Amend Sec. 387.7 by revising paragraph (b)(1) to read as follows:
Sec. 387.7 Financial responsibility required.
* * * * *
(b)(1) Policies of insurance, surety bonds, and endorsements
required under this section shall remain in effect continuously until
terminated. Cancellation may be effected by the insurer or the insured
motor carrier giving 35 days' notice in writing to the other. The 35
days' notice shall commence to run from the date the notice is
transmitted. Proof of transmission shall be sufficient proof of notice.
* * * * *
0
35. Revise Sec. 387.15 to read as follows:
Sec. 387.15 Forms.
Endorsements for policies of insurance (Form MCS-90) and surety
bonds (Form MCS-82) must be in the form prescribed by the FMCSA and
approved by the OMB. Endorsements to policies of insurance and surety
bonds shall specify that coverage thereunder will remain in effect
continuously until terminated, as required in Sec. 387.7 of this
subpart. The continuous coverage requirement does not apply to Mexican
motor carriers insured under Sec. 387.7(b)(3) of this subpart. The
endorsement and surety bond shall be issued in the exact name of the
motor carrier. The Forms MCS-82 and MCS-90 are available from the FMCSA
website at http://www.fmcsa.dot.gov/mission/forms.
0
36. Amend Sec. 387.31 by revising paragraph (b)(1) to read as follows:
Sec. 387.31 Financial responsibility required.
* * * * *
(b) * * *
(1) Cancellation may be effected by the insurer or the insured
motor carrier giving 35 days' notice in writing to the other. The 35
days' notice shall commence to run from the date the notice is
transmitted. Proof of transmission shall be sufficient proof of notice.
* * * * *
0
37. Revise Sec. 387.39 to read as follows:
Sec. 387.39 Forms.
Endorsements for policies of insurance (Form MCS-90B) and surety
bonds (Form MCS-82B) must be in the form prescribed by the FMCSA and
approved by the OMB. Endorsements to policies of insurance and surety
bonds shall specify that coverage thereunder will remain in effect
continuously until terminated, as required in Sec. 387.31 of this
subpart. The continuous coverage requirement does not apply to Mexican
motor carriers insured under Sec. 387.31(b)(3) of this subpart. The
endorsement and surety bond shall be issued in the exact name of the
motor carrier. The Forms MCS-82B and MCS-90B are available from the
FMCSA website at http://www.fmcsa.dot.gov/mission/forms.
Sec. 387.313T [Amended]
0
38. Amend Sec. 387.313T in paragraph (b) by removing the words ``in
triplicate''.
Sec. 387.413T [Amended]
0
39. Amend Sec. 387.413T in paragraph (b) by removing the words ``in
triplicate''.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
40. The authority citation for part 390 continues 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 32934, Pub. L. 112-141, 126 Stat. 405, 778,
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.
0
41. Amend Sec. 390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Add definitions of ``electronic signature'' and ``written or in
writing'' in alphabetical order; and
0
c. Suspend Sec. 390.5 indefinitely.
The additions read as follows:
Sec. 390.5 Definitions.
* * * * *
Electronic signature means a method of signing an electronic
communication that identifies and authenticates a particular person as
the source of the electronic communication and indicates such person's
approval of the information contained in the electronic communication,
in accordance with the Government Paperwork Elimination Act (Pub. L.
105-277, Title XVII, Secs. 1701-1710,, 44 U.S.C. 3504 note, 112 Stat.
2681-749).
* * * * *
Written or in writing means printed, handwritten, or typewritten
either on paper or other tangible medium, or by any method of
electronic documentation that meets the requirements of 49 CFR 390.32.
0
42. Amend Sec. 390.5T by adding definitions of ``electronic
signature'' and ``written or in writing'' in alphabetical order to read
as follows:
Sec. 390.5T Definitions
* * * * *
Electronic signature means a method of signing an electronic
communication that identifies and authenticates a particular person as
the source of the electronic communication and indicates such person's
approval of the information contained in the electronic communication,
in accordance with the Government Paperwork Elimination Act (Pub. L.
105-277, Title XVII, Secs. 1701-1710,, 44 U.S.C. 3504 note, 112 Stat.
2681-749).
* * * * *
Written or in writing means printed, handwritten, or typewritten
either on paper or other tangible medium, or by any method of
electronic documentation that meets the requirements of 49 CFR 390.32.
Sec. 390.7 [Amended]
0
43. Amend Sec. 390.7 by removing paragraph (b)(2) and redesignating
paragraphs (b)(3) through (7) as (b)(2) through (6), respectively.
0
44. Revise Sec. 390.31 to read as follows:
Sec. 390.31 Copies of records and documents.
All records and documents required to be maintained under this
subchapter must be maintained for the periods specified. Except as
otherwise provided, copies that are legible and accurately reflect the
information required to be contained in the record or document may be
maintained in lieu of originals.
0
45. Add Sec. 390.32 to read as follows:
[[Page 16227]]
Sec. 390.32 Electronic documents and signatures.
(a) Applicability. This section applies to documents that entities
or individuals are required to retain, regardless of whether FMCSA
subsequently requires them to be produced or displayed to FMCSA staff
or other parties entitled to access. This section does not apply to
documents that must be submitted directly to FMCSA.
(b) Electronic records or documents. Any person or entity required
to generate, maintain, or exchange documents to satisfy requirements in
chapter III of subtitle B of title 49, Code of Federal Regulations (49
CFR 300-399) may use electronic methods to satisfy those requirements.
(c) Electronic signatures. (1) Any person or entity required to
sign or certify a document to satisfy the requirements of chapter III
of subtitle B of title 49, Code of Federal Regulations (49 CFR parts
300-399) may use an electronic signature, as defined in Sec. 390.5T of
this part.
(2) An electronic signature may be made using any available
technology that otherwise satisfies FMCSA's requirements.
(d) Requirements. Any person or entity may use documents signed,
certified, generated, maintained, or exchanged using electronic methods
if the documents accurately reflect the information otherwise required
to be contained in them. Records, documents or signatures generated,
maintained, or exchanged using electronic methods do not satisfy the
requirements of this section if they are not capable of being retained,
are not used for the purpose for which they were created, or cannot be
accurately reproduced within required timeframes for reference by any
party entitled to access. Records or documents generated electronically
do not satisfy the requirements of this section if they do not include
proof of consent to use electronically generated records or documents,
as required by 15 U.S.C. 7001(c).
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
46. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b) Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 Pub. L. 103-
311, 108 Stat. 1673, 1677; sec. 215 Pub. L. 106-159, 113 Stat. 1748,
1767; sec. 32934 Pub. L. 112-141, 126 Stat. 405, 830; sec 5524 Pub.
L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Sec. 391.55 [Amended]
0
47. Amend Sec. 391.55 in paragraph (b)(2) by removing the word
``photographic''.
PART 395--HOURS OF SERVICE OF DRIVERS
0
48. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, 31502; sec. 113,
Pub.L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub.L. 106-159 (as
added and 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; sec.
5206(b) of Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
0
49. Amend Sec. 395.8 by revising paragraph (f)(2) to read as follows:
Sec. 395.8 Driver's record of duty status.
* * * * *
(f) * * *
(2) Entries made by driver only. All entries relating to a driver's
duty status must be legible and made by the driver.
* * * * *
0
50. Amend Sec. 395.15 by revising paragraphs (b)(2), (4), and (5),
(e), (f), (h)(1), (i) introductory text, and (i)(4) and (7) to read as
follows:
Sec. 395.15 Automatic on-board recording devices.
* * * * *
(b) * * *
(2) The device shall provide a means whereby authorized Federal,
State, or local officials can immediately check the status of a
driver's hours of service. This information may be used in conjunction
with records of duty status maintained in other media, for the previous
7 days.
* * * * *
(4) The driver shall have in his/her possession records of duty
status for the previous 7 consecutive days available for inspection
while on duty. These records shall consist of information stored in and
retrievable from the automatic on-board recording device, other written
records, or any combination thereof.
(5) All copies of other written records of duty status referenced
in paragraph (b)(4) must be signed by the driver. The driver's
signature certifies that the information contained thereon is true and
correct.
* * * * *
(e) Entries made by driver only. If a driver is required to make
written entries relating to the driver's duty status, such entries must
be made by the driver and be legible.
(f) Reconstruction of records of duty status. Drivers are required
to note any failure of automatic on-board recording devices, and to
reconstruct the driver's record of duty status for the current day and
the past 7 days, less any days for which the drivers have records, and
to continue to prepare a written record of all subsequent duty status
until the device is again operational.
* * * * *
(h) * * *
(1) The driver shall submit to the employing motor carrier, each
record of the driver's duty status within 13 days following the
completion of each record;
* * * * *
(i) Performance of recorders. Motor carriers that use automatic on-
board recording devices for recording their drivers' records of duty
status shall ensure that:
* * * * *
(4) The automatic on-board recording device warns the driver
visually and/or audibly that the device has ceased to function;
* * * * *
(7) The on-board recording device/system identifies sensor failures
and edited data;
* * * * *
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
51. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Sec. 396.11 [Amended]
0
52. Amend Sec. 396.11 by removing the word ``original'' from
paragraphs (a)(3)(ii), (a)(4), and (b)(4).
Sec. 396.12 [Amended]
0
53. Amend Sec. 396.12 by removing the word ``original'' from paragraph
(d).
PART 398--TRANSPORTATION OF MIGRANT WORKERS
0
54. The authority citation for part 398 continues to read as follows:
Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
31504; sec. 204, Pub.L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701
note); sec. 212, Pub.L. 106-159, 113 Stat. 1748, 1766; and 49 CFR
1.87.
Sec. 398.3 [Amended]
0
55. Amend Sec. 398.3 in paragraph (b)(8) by removing the words
``photographically reproduced'' wherever they appear.
[[Page 16228]]
Issued under the authority of delegation in 49 CFR 1.87: April
6, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-07749 Filed 4-13-18; 8:45 am]
BILLING CODE 4910-EX-P