Attachment I, 30-day Federal Register Notice

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sidewalls, the vehicle’s Owner’s Manual
which contains information pertaining
to the various tire sizes and tire pressure
for use on the affected vehicles, and
BMW’s Roadside AssistanceTM program
which is available 24 hours/day and
provides representatives who have
information on all available tire sizes
and specifications for a given model and
model year of BMW. BMW states its
belief that all of the above listed sources
would lead the driver to obtaining the
correct recommended cold inflation
pressure when attempting to inflate the
tires mounted on their vehicle.
For the subject vehicles containing
both incorrect 49 CFR part 567
certification labels and incorrect FMVSS
No. 110 tire information labels BMW
states that the driver can use the
labeling on the sidewall of the installed
tires, the vehicle’s owner’s manual, and
BMW Roadside AssistanceTM to
determine the recommended cold
inflation pressure for the tires installed
on their vehicle.
BMW also maintains that if a driver
were to use the cold inflation pressure
shown on the incorrect labels for the for
18-inch tires when inflating the 19-inch
tires, that pressure would be sufficient
to support vehicle loading. Their
calculations using the MY 2015 X5
xDrive35i for example show that the
determined load rating for two 19-inch
tires inflated to the pressure meant for
18-inch tires is 1,572 kg. Because the
front gross axle weight rating (GAWR) is
1,279 kg, BMW concludes that the 19inch tires would be adequately inflated.
BMW also included calculations to
demonstrate that the information on the
certification labels is correct for the 18inch tires mounted on the subject
vehicles.
BMW states that BMW Customer
Relations have not received any contact
from vehicle owners regarding this issue
and, therefore, are unaware that any
vehicle owner has encountered this
issue in the field. They state that they
are also unaware of any accident or
injuries that have occurred as a result of
this noncompliance.
BMW has additionally informed
NHTSA that it has corrected the subject
noncompliance.
In summation, BMW believes that the
described noncompliance of the subject
vehicles is inconsequential to motor
vehicle safety, and that its petition, to
exempt BMW from providing recall
notification of noncompliance as
required by 49 U.S.C. 30118 and
remedying the recall noncompliance as
required by 49 U.S.C. 30120 should be
granted.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and

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30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that BMW no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve vehicle distributors and dealers
of the prohibitions on the sale, offer for
sale, or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after BMW notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015–07608 Filed 4–2–15; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0377]

Agency Information Collection
Activities; New Information Collection
Request: Electronic Logging Device
(ELD) Registration
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment on the approval of a new (ICR)
entitled, Electronic Logging Device
Registration. This ICR will be used to
enable providers to register their ELDs
with FMCSA.
DATES: Please send your comments by
May 4, 2015. OMB must receive your
comments by this date in order to act on
the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2014–0377. Interested persons
are invited to submit written comments
on the proposed information collection
SUMMARY:

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to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Routhier, Transportation
Specialist, Technology Division, Office
of Analysis, Research and Technology,
Federal Motor Carrier Safety
Administration, Department of
Transportation, West Building 6th
Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–366–1225; email brian.routhier@
dot.gov. Office hours are from 9:00 a.m.
to 5 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Electronic Logging Device (ELD)
Registration.
OMB Control Number: 2126–00XX.
Type of Request: New Collection.
Respondents: ELD providers.
Estimated Number of Respondents:
22. FMCSA estimates that there will be
22 respondents, 20 U.S. and 2 foreign
ELD providers, and that each provider
will register an average of 4 devices. The
total of 88 devices (4 devices × 22
providers) exceeds the number of
devices that FMCSA is currently aware
of, but the Agency has opted to use a
conservatively high count in order to
avoid under-estimating the burden for
this ICR.
Estimated Time per Response: 15
minutes first year and 7.5 minutes in
subsequent years. Each provider will
take an estimated 15 minutes of
preparation time plus 15 minutes per
device to complete the initial
registration, for a total of 75 minutes per
provider in the first year (15 minutes of
preparation time + (4 devices per
provider × 15 minutes per device) = 75
minutes). In subsequent years, it is
estimated that registration updates will
take half the initial time, for a total of
37.5 minutes per provider (7.5 minutes
of preparation time + (4 devices per
provider x 7.5 minutes per device) =
37.5 minutes).
Expiration Date: N/A. This is a new
ICR.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 18
hours [((22 respondents × 75 minutes in
year 1) + (22 respondents × 37.5 minutes

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in year 2) + (22 respondents × 37.5
minutes in year 3)) = 3,300 minutes ÷ 60
minutes per hour = 55 ÷ 3 year approval
period = 18.33 hours, rounded to 18
hours].
Background
On March 28, 2014, FMCSA
published a supplemental notice of
proposed rulemaking (SNPRM) entitled,
‘‘Electronic Logging Devices and Hours
of Service Supporting Documents,’’ (79
FR 17656). Specifically, the SNPRM
proposed: (1) New technical
specifications for ELDs that address
statutory requirements; and (2) to
require the use of ELDs by those within
the motor carrier industry who are
currently subject to Records of Duty
Status (RODS) preparation
requirements. To ensure consistency
among manufacturers and devices,
functional specifications were
published with the SNPRM. The
SNPRM would require providers to
certify their compliance with these
functional specifications. Providers
would also be required to register their
compliant devices with FMCSA.
The ELD providers will be asked to
certify and register their devices with
FMCSA online via an application Form
MCSA–5893, ‘‘Electronic Logging
Device (ELD) Registration and
Certification.’’ FMCSA expects 100
percent of respondents to submit their
information electronically. Once the
registration is completed, FMCSA will
issue the provider a unique
identification number that the provider
will embed in its device(s).
The FMCSA will maintain a list on its
Web site of the current ELD providers
and devices that have been certified (by
the providers) to meet the technical
specifications. The information will be
necessary for fleets and drivers to easily
find a compliant ELD to use in meeting
the FMCSA regulation requiring the use
of ELDs.

components is needed to meet this
definition, the provider must register all
of the components together as the ELD
device.

Guidance on Registration Process
Several commenters stated that there
was a need for additional guidance for
ELD registration. Garmin also wanted
guidance on registration when an ELD
sub-function may be implemented
across multiple software and hardware
components provided by one or more
providers.
Two commenters asked who is
responsible for registration and
supplying the certification of conformity
to the ELD functional requirements.
Verigo suggested that FMCSA clarify
what supporting documentation would
be necessary to complete the software
certification. One commenter wrote that,
according to the SNPRM, only device
manufacturers can register.

Software Version Control
Commenters asked how software
version updates would be
accommodated. Vnomics recommended
that the software version that is
displayed be the current base or main
version. Vnomics also asked FMCSA to
verify that the software version required
by proposed section 5.2.1(3) refers to the
ELD software version that is part of a
larger telematics solution.

FMCSA Response
Registration of ELDs is the
responsibility of the ELD provider. An
ELD provider is the entity who
manufactures the ELD, manufactures or
assembles the ELD technology, certifies
that the ELD complies with the
functional specifications for ELDs set
forth in the proposed subpart B of part
395 (including the proposed Appendix
to subpart B of Part 395), and registers
it on the FMCSA Web site.

General Summary

Definition of Device and Other Systems
With ELD Functionality
A commenter wanted clarification of
what FMCSA means by device. A
commenter suggested that FMCSA allow
the certification and registration of
individual devices or subsystems (e.g.,
Bluetooth device, mobile smartphone or
tablet, etc.) as meeting a subset of the
technical specifications. These
components could be combined into
compliant ELD systems.
A commenter asked how a softwarebased Transportation Management
System would be registered.

FMCSA published a notice in the
Federal Register with a 60-day public
comment period to announce this
proposed ICR on October 28, 2014 (79
FR 64248). The Agency requested
comments concerning the necessity of
the proposed information collection, the
accuracy of the estimated burden, how
the quality of collected information
could be enhanced and ways in which
the burden could be minimized without
reducing the quality of the collected
information. The Agency received 19
comments. Of these comments, nine
were outside the scope of this notice.

FMCSA Response
Electronic Logging Device (ELD)
means a device or technology that meets
the requirements of proposed subpart B
of part 395 including the proposed
Appendix to subpart B of part 395—
Functional Specifications for All
Electronic Logging Devices (ELDs). In
proposed § 395.2 it is defined as a
device or technology that automatically
records a driver’s driving time and
facilitates the accurate recording of the
driver’s hours of service, and that meets
the requirements of subpart B of this
part. Where the combination of sub-

Comments From the Public

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Some of these comments actually
responded to elements of the ELD
SNPRM, rather than the registration
process.

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FMCSA Response
The ELD registration process will
allow providers to update and maintain
their device information to
accommodate software version
revisions. Providers will be able to
update device information and software
revisions on the registration site when
they deem it necessary to do so, and
will continue to certify that the updated
device(s) continue to meet the
regulation’s requirements. See SNPRM
Section 5.1.2:
5.1.2. Keeping Information Current
The ELD provider must keep the
information in section 5.1.1 (b) and
5.2.1 current through FMCSA’s Web
site.
Time To Register/Registration
Information
Saucon reminded the Agency that the
content of the form would affect the
estimates of the time registration would
take annually. Saucon could not concur
with the time estimate to complete the
registration process. The commenter
wrote that the time estimate depends on
several undefined factors, including the
level of detail in Form MCSA–5893.
Saucon suggested that a simple
checklist of key technical points that
must be met by the provider might be
sufficient for the form. Saucon also
asked FMCSA to clarify that
certification is required at the product
level, and not the individual device
level.
Until all the technical specification
issues in the SNPRM have been resolved
and Form MCSA–5893 has been created
to require the provision of substantive
information demonstrating compliance,
OOIDA believed that the ICR proceeding
is premature. OOIDA believed the
certification, with such specific
information, should be updated as the
rule evolves, otherwise a provider could
remain on the approved list without
additional verification of continued
compliance.

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A commenter asked how devices can
be registered as compliant before the
details of compliancy are published.
Saucon noted that the form was not
available for comment.
While the registration process itself
did not impose an undue burden, Verigo
was concerned that there was no
estimate of the time required to
complete the software certification or
what would be required to be submitted
to substantiate that certification. Verigo
commented that the certification
process is a significant undertaking and
volunteered to provide its estimate to
FMCSA.
FMCSA Response
As proposed in the SNPRM, the
registration of ELDs requires 15 pieces
of information from the providers
outlined in section 5.1.1, Registering
Online, and section 5.1.2, Online
Certification. FMCSA conducted time
trials to determine the average amount
of time required to complete a simulated
form with the 15 items required to
register an ELD.

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5.1.1 Registering Online
(a) An ELD provider developing an
ELD technology must register online at
a secure FMCSA Web site where the
ELD provider can securely certify that
its ELD is compliant with this appendix.
(b) Provider’s registration must
include the following information:
(1) Company name of the technology
provider/manufacturer.
(2) Name of an individual authorized
by the provider to verify that the ELD
is compliant with this appendix and to
certify it under section 5.2 of this
appendix.
(3) Address of the registrant.
(4) Email address of the registrant.
(5) Telephone number of the
registrant.
5.2.1. Online Certification
(a) An ELD provider registered online
as described in section 5.1.1 must
disclose the information in paragraph
(b) of this section about each ELD model
and version and certify that the
particular ELD is compliant with the
requirements of this appendix.
(b) The online process will only allow
a provider to complete certification if
the provider successfully discloses all of
the following required information:
(1) Name of the product.
(2) Model number of the product.
(3) Software version of the product.
(4) An ELD identifier, uniquely
identifying the certified model and
version of the ELD, assigned by the ELD
provider in accordance with 7.1.15.
(5) Picture and/or screen shot of the
product.

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(6) User’s manual describing how to
operate the ELD.
(7) Description of the supported and
certified data transfer mechanisms and
step-by-step instructions for a driver to
produce and transfer the ELD records to
an authorized safety official.
(8) Summary description of ELD
malfunctions.
(9) Procedure to validate an ELD
authentication value as described in
section 7.1.14.
(10) Certifying statement describing
how the product was tested to comply
with FMCSA regulations.
Registration will be at the model level
of the ELD, not at the individual device
level. See 5.2.1(b)(2) above.
FMCSA will include procedures for
provider registration of an ELD on the
registration Web site. FMCSA will also
provide guidance on the Web site to the
provider that will contain the tools the
provider will need to ensure that its
ELD meets the technical specifications
in part 395. This guidance will contain
all requirements and procedures related
to RODS data compliance. However, it
will be the responsibility of each
provider to ensure that its products
comply with the RODS file data
definitions that FMCSA provides. If the
regulation evolves, the changes to the
technical specification and the
certification process will be updated
through the notice and comment
process.
In response to Verigo comments
regarding the time necessary to
determine whether the software meets
the certification requirements, we note
that the certification process is outside
the scope of the current ICR, which is
limited to the time required to fill out
the certification information in 5.1.1
and 5.2.1 of the Appendix to 395.
ID/Authentication
Under proposed section 5.1.3, FMCSA
will provide a unique ELD registration
ID number that the provider will embed
on the device. Saucon asked FMCSA to
provide an example of the ID number,
and to clarify its purpose, including
when the ID number needs to be
provided and displayed. It asked if the
ID number could be used as evidence
during inspections that a device is ELDcertified and if Saucon would receive a
certificate that it could present at
inspections.
FMCSA Response
The unique ELD registration ID format
is outside the scope of this ICR. But, in
section 7.17 of the Appendix to Subpart
B of Part 395—Functional Specifications
for All Electronic Logging Devices
(ELDs), FMCSA defined the ELD

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Registration ID and proposed that the
registration ID be available on the ELD
during inspections. The Agency does
not plan to issue certificates for certified
ELDs.
Updating Existing Devices
Saucon asked how that ID number
could be added to register existing,
already installed AOBRDs that, through
software updates, may become
compliant ELDs. These AOBRDs are not
easily accessible to either the
manufacturer or the motor carrier.
FMCSA Response
Software updates, although outside
the scope of this ICR, would most likely
be provided through the connectivity of
AOBRDs via their cellular connection or
available online to AOBRD owners.
These software updates can include the
Registration ID for the newly compliant
devices. Existing device providers will
be able to notify owners of existing
AOBRDs if their devices are capable of
being updated to meet ELD requirement
through software updates. These devices
in turn will be able to be registered and
certified by the providers on the FMCSA
ELD registration Web site.
FMCSA Certified ELD List
Saucon provided a list of information
that it suggested be included on any
Web site storing information on ELDcertified providers. The list included the
company name and contact information,
a link to the provider’s Web site, a
descriptor noting in which industry the
provider mainly works (i.e.,
motorcoach, trucking, etc.), and a
section for comments on what the
provider provides. Saucon also
suggested that the provider have a
username and password to access and
edit the information on the Web site.
During roadside inspections and
Safety Audits and Compliance Reviews,
CVSA wrote that it would be critical for
inspectors to accurately and quickly
verify compliance. Therefore, the
Agency must consider what
documentation needs to be maintained
as evidence of certification.
FMCSA Response
The FMCSA list of registered devices
will include only the minimal
information on the certified devices.
The Agency outlined this in the SNPRM
in Section 5.3:
5.3. Publicly Available Information
Except for the information listed
under section 5.1.1 (b)(2), (4), and (5)
and section 5.2.1 (b)(9), FMCSA will
make the information in sections 5.1.1
and 5.2.1 for each certified ELD publicly

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available on a Web site to allow motor
carriers to determine which products
have been properly registered and
certified as ELDs compliant with this
appendix.
FMCSA will not provide or require
‘‘certification documents’’ that would be
carried with the device. The ELD
Registration ID will be verified through
eRODS only.
De-Registration
Verigo was concerned with the ELD
de-registration process and requested
more information.
FMCSA Response
FMCSA will provide information
regarding the de-registration process in
the Final Rule.

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Self-Certification
OOIDA commented that the
information required of ELD

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manufacturers who wish to be on
FMCSA’s approved list of providers
must be more substantive than a general
self-certification of compliance with the
technical specifications of the rule.
FMCSA Response
The registration of ELDs requires 15
pieces of information from the
providers, as outlined in proposed
section 5, ELD Registration and
Certification, Section 5.1.1, Registering
Online, and section 5.1.2, Online
Certification. Specifically, proposed
section 5.2.1(b)(10) would require a
‘‘Certifying statement describing how
the product was tested to comply with
FMCSA regulations.’’ The Agency
requires this self-certification just as
NHTSA requires self-certification of
vehicle and parts manufacturers.
Public Comments Invited: You are
asked to comment on any of the

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following aspects of this information
collection: (1) Whether the proposed
collection is necessary for the FMCSA to
perform its functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87
on: March 26, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology and Chief
Information Officer.
[FR Doc. 2015–07669 Filed 4–2–15; 8:45 am]
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