Privacy Impact Assessment « Electronic On-Board Recorders

Privacy Impact Assessment

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U.S. DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

PRIVACY IMPACT ASSESSMENT

NOTICE OF PROPOSED RULEMAKING: ELECTRONIC ON-BOARD RECORDERS
FOR HOURS-OF-SERVICE COMPLIANCE 2

Rulemaking Contact Point
Deborah M. Freund
Vehicle and Roadside Operations Division,
Office of Bus and Truck Standards and Operations,
Federal Motor Carrier Safety Administration
(202) 366-5370
Deborah.Freund@dot.gov

Reviewing Official
Pam Gosier-Cox
Office of Information Technology,
Federal Motor Carrier Safety Administration
(202) 366-3655
Pam.Gosier.Cox@dot.gov

TABLE OF CONTENTS

OVERVIEW OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION ELECTRONIC ON-BOARD RECORDERS AND SUPPORTING DOCUMENTS NOTICE OF PROPOSED RULEMAKING^[1]

Introduction

The primary mission of the Federal Motor Carrier Safety Administration The agency proposing the EOBR rule (FMCSAFederal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule)) , U.S. Department of Transportation (DOTDepartment of Transportation) , is to reduce crashes, injuries, and fatalities involving large trucks and buses. This mission is accomplished by developing and enforcing data-driven regulations that balance motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees safety with industry efficiency; utilizing Federal and State safety information systems to focus on high-risk carriers and drivers to enforce safety regulations; targeting educational messages to carriers, commercial motor vehicle Any vehicle owned or used by a business drivers, and the public; and partnering with stakeholders (e.g., Federal, State, and local enforcement agencies; the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees industry; safety groups; and organized labor) to reduce bus- and truck-related crashes

Statutory Authority

FMCSA and its predecessor agencies have had the authority to review drivers’ and motor carriers’ documents since the first hours-of-service (HOSHours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive)) regulations were promulgated in 1937. Beginning with the Motor Carrier Act of 1935, Congress has recognized the Federal Government’s interest in providing a higher level of safety oversight to commercial motor vehicle Any vehicle owned or used by a business (CMVCommercial Motor Vechicles) drivers than to other motor vehicle drivers. CMV Commercial Motor Vechicles driver licensing, physical qualification assessments, training, driving performance, and performance of other safety-sensitive duties are subject to Federal regulation. These regulations also require documentation of all assessment results and compliance with CMV Commercial Motor Vechicles operation regulations, such as the Record of Duty Status (RODSRecord of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period)) for documenting compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations. Please refer to the preamble of the Notice of Proposed Rulemaking (NPRMNotice of Proposed Rulemaking: the official document announcing and explaining the proposed rule) for a detailed discussion.

The HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations are designed to ensure that driving time—one of the principal the amount that is borrowed, not counting the cost of interest or fees “responsibilities imposed on the operators of commercial motor vehicles”—does “not impair their ability to operate the vehicles safely.” (49 U.S.C. 31136(a)). Personally identifiable information (PIIpersonally identifiable information) has always been collected by FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) and its predecessor agencies because of the need to identify the driver of the CMV Commercial Motor Vechicles in HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records.

Electronic On-Board Recorders (EOBRsElectronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road)) that are properly designed, used, and maintained will enable motor carriers to track their drivers’ on-duty driving hours accurately in order to prevent regulatory violations or excessive driver fatigue and to schedule vehicle and driver operations more efficiently. Driver compliance with the HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rule helps ensure that “the physical condition of [commercial motor vehicle drivers] is adequate to enable them to operate the vehicles safely.” (49 U.S.C. 31136(a)(3)) To assist FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) in its enforcement of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements, which in turn will improve CMV Commercial Motor Vechicles safety in general and highway safety in particular, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) will require EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) use by motor carriers with the most serious HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance deficiencies (“threshold rate violations”) as described in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule (effective June 4, 2010).

This EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule would require certain motor carriers to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to document drivers’ compliance with the HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements. More information about the FMCSA’s statutory authority can be found in the Legal Basis section of the EOBR2 NPRM.

With respect to supporting documents, section 113(a) of the Hazardous Materials Transportation Authorization Act of 1994 (Pub. L. 103-311, August 26, 1994, 108 Stat. 1673, 1676) (HMTAA) requires the Secretary of Transportation to prescribe regulations to improve–(A) compliance by commercial motor vehicle Any vehicle owned or used by a business drivers and motor carriers with hours-of-service requirements; and (B) the effectiveness and efficiency of Federal and State enforcement officers reviewing such compliance.

CURRENT DESCRIPTION OF AUTOMATIC ON-BOARD RECORDING DEVICES, EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 FINAL RULE AND SUPPORTING DOCUMENTS

For many years before the publication of the April 2010 EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule, which requires certain motor carriers to collect and maintain electronic RODS, DOT’s Federal Highway Administration (FHWA, the Agency responsible for motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees safety before January 2000) allowed voluntary use of electronic RODS. FHWA issued a Final Rule on September 30, 1988, (53 FR 38666) that revised 49 CFR Code of Federal Regulations part 395 of the Federal Motor Carrier Safety Regulations (FMCSRsFederal Motor Carrier Safety Regulations) to allow, but not to require, motor carriers to equip CMVs Commercial Motor Vehicles (vehicles owned or used by a business) with Automatic On-Board Recording Devices (AOBRDsautomatic onboard recording devices: earlier recorders w/o GPS capability) instead of requiring drivers to complete a handwritten RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) (49 CFR Code of Federal Regulations 395.15). An AOBRD was defined under 49 CFR Code of Federal Regulations 395.2 as “… an electric, electronic, electromechanical, or mechanical device capable of recording driver’s duty status information accurately and automatically as required by § 395.15. The device must be integrally synchronized with specific operations of the commercial motor vehicle Any vehicle owned or used by a business in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day.”

During the course of roadside inspections and compliance reviews, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) and State officials assess interstate CMV Commercial Motor Vechicles drivers’ compliance with the HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations using information from paper and electronic media, RODS, AOBRDs, EOBRs, and supporting documents[2]. When these law enforcement and safety officials discover HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations, they document the violations and gather evidentiary material to support the charges. This evidentiary material consists of photographic and xerographic images of paper documents, screen shots of AOBRD displays, and hardcopy printouts. These images, which contain PII, are uploaded to FMCSA’s Electronic Document Management System (EDMS). EDMS is a Privacy Act-protected System of Records.

During the roadside inspection, the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data, without the PII, is transferred through a wireless connection to a law enforcement or safety official’s laptop computer. The law enforcement or safety official reviews one (or two, in the case of team drivers) interstate CMV Commercial Motor Vechicles driver’s RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) data that covers eight consecutive calendar days. Software analyzes the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data and the law enforcement or safety official reviews the results of the data analysis to determine if a citable violation exists. If the official determines that there are no citable violations, the record is deleted on the laptop. If the safety official determines that a citable violation exists, the safety official manually enters the cited driver’s PII personally identifiable information (driver name, CMV Commercial Motor Vechicles license number, issuing jurisdiction) into the Aspen software, along with the citable HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations identified by eRODS. The law enforcement or safety official completes the inspection, notes any other safety violations (additional driver violations, such as an expired medical card, and vehicle violations such as brakes out of adjustment or inoperative lighting devices) into the Aspen application.

The inspection record is saved, and the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) file is also saved as an attachment to the inspection record. The entire inspection record is then uploaded to the Motor Carrier Management Information System (MCMIS). EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) information that shows violations of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rules is uploaded to MCMIS and EDMS.

FMCSA issued a Final Rule on April 5, 2010, (“Electronic On-Board Recorders for Hours-of-Service Compliance”) that established the “safety of operation and equipment” of motor carriers and “standards of equipment” of motor private carriers. When effective (effective date: June 4, 2010; compliance date: June 4, 2012), the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule will allow all motor carriers to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) todocument interstate CMV Commercial Motor Vechicles drivers’ compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements; will require noncompliant motor carriers to install, use, and maintain EOBRs; and will update existing performance standards for EOBRs.

The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule helps FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) fulfill its mission to reduce crashes, injuries, and fatalities involving large trucks and buses by developing and enforcing data-driven regulations that balance motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees safety with industry efficiency and by utilizing Federal and State safety information systems to focus on high-risk carriers and drivers to enforce safety regulations. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule also allows for the continued collection of required PII personally identifiable information from interstate CMV Commercial Motor Vechicles drivers with citable violations, RODS, and other supporting documentation.

FMCSA has amended the FMCSRs Federal Motor Carrier Safety Regulations to incorporate the performance standards for EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) defined in EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1. Carriers voluntarily using EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) that meet or exceed these standards will continue to receive the incentives through this rule that they currently receive.

The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule requires EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to record a CMV’s location by referencing the nearest city, town, or village at least once every 60 minutes.

The following table compares the information required to be recorded by a § 395.15-compliant AOBRD and a § 395.16-compliant EOBR.

Comparison of information collected by an AOBRD and information collected by an EOBR

395.15(c) uty status and information recorded by an AOBRD:	395.16(b): Information recorded by an EOBR:
(5)Date.	(3) Date and time.
(6)Total miles driving today.	(5) Distance traveled.
(12)Total hours.	(9) Hours in each duty status for the 24-hour period and total hours.
(11) Name of co-driver.	(1) Name of driver and any co-driver(s) and corresponding driver identification information (such as a user ID and password). However, the name of the driver and any co-driver is not required to be transmitted as part of the downloaded file during a roadside inspection.
(9)Main office address.
	(8) The multiday basis (7 or 8 days) used by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees to compute cumulative duty hours and driving time.
	(4) Location of CMV.

OVERVIEW OF THE EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 RULEMAKING

FMCSA is publishing an NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule to amend the FMCSRs Federal Motor Carrier Safety Regulations to require motor carriers operating CMVs Commercial Motor Vehicles (vehicles owned or used by a business) in operations requiring the use of a record of duty status (49 CFR Code of Federal Regulations 395.8) but that are not allowed to use timecards (vehicles designed or used to transport nine or more passengers including the driver[3] and CMVs Commercial Motor Vehicles (vehicles owned or used by a business) used to transport hazardous materials in bulk) to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) that meet or exceed the requirements of 49 CFR Code of Federal Regulations 395.16. On-board HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) recording devices meeting the requirements of 49 CFR Code of Federal Regulations 395.15 and voluntarily installed in CMVs Commercial Motor Vehicles (vehicles owned or used by a business) manufactured before June 4, 2012 may continue to be used for the remainder of the service life of those CMVs.

The EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) proposed in this NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule are subject to the same technical specifications as published in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule, published April 5, 2010.

This NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule also proposes a requirement for motor carriers to systematically and effectively monitor each driver’s compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements through the use of EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records and supporting documents. The supporting documents that motor carriers must retain are, at a minimum, the documents generated or received by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees in the normal course of business. The supporting documents that FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) will require motor carriers to maintain will have the following data points: (i) driver name or personal identification number; (ii) date; (iii) time; and (iv) location. These records are to be collected from the following four categories: (i) payroll; (ii) trip-related expense reports; (iii) fleet A group of motor vehicles owned or leased by businesses or government agencies management system communication logs; and (iv) bills of lading or equivalent documents. These documents must be maintained by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees if they are generated or received during the normal course of business. These documents will be retained by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees as a part of a HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance management system. In the course of an investigation, an FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) credentialed Safety Investigator must have access to these files, and to any files in the motor carrier’s possession (as they currently do).

IMPACT OF EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 RULEMAKING ON PERSONAL INFORMATION OF GENERAL PUBLIC

Even though FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) and its predecessor have allowed voluntary use of electronic HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records for more than 20 years, the April 2010 Final Rule is the first to mandate their use, albeit for a limited population of motor carriers that would be subject to a Remedial Directive and their drivers. This broader use of EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) will assist FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) in its enforcement of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements, which in turn will improve CMV Commercial Motor Vechicles safety in general and highway safety in particular. EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) produce electronic RODS, which are commonly viewed as more accurate and reliable records of drivers’ on-duty driving hours. Affected carriers will be required to maintain the accuracy of their EOBRs, including recalibrating them as necessary.

The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule will expand the population of CMV Commercial Motor Vechicles drivers expected to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) but will not alter the technical specifications of the EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) themselves.

The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule will have an impact on an individual’s privacy in the collection of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records by motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees companies. This is due to the increased amount of data containing PII personally identifiable information collected by motor carriers using EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) voluntarily, as well as under a Remedial Directive.

Additionally, as discussed in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule Privacy Impact Assessment (PIA), FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) acknowledges that such electronic data required to be retained by motor carriers may be attractive for use in litigation unrelated to HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance and subject to use in both Federal and State courts and administrative agencies. Therefore, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) limited the type of data collected by the EOBR. For example, the Final Rule does not require that an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) collect information at a level of precision to pinpoint a street address.

Further, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) emphasizes that, just as in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule, the primary purpose for collecting HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) information recorded on EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) is to assist authorized Federal and State law enforcement and safety officials. These officials use HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) information when they are conducting compliance assurance activities at the facilities of motor carriers subject to HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements, and when they are conducting roadside inspections on CMVs Commercial Motor Vehicles (vehicles owned or used by a business) subject to these regulations. Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees will not be required to upload all EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) information into any Federal or State information system accessible to the public. Rather, interstate CMV Commercial Motor Vechicles drivers’ records derived from EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) will be treated in a manner consistent with other types of records (handwritten RODS, timecards, electronic AOBRD files) from drivers whose records are reviewed. As in the case of other documentation for RODS, data from EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) will only be uploaded to Federal and State systems during the course of an appropriate law enforcement activity (e.g., compliance review). The information uploaded and retained by authorized Federal and State law enforcement and safety officials will be limited to those motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees records that reflect violations of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements.

For an interstate CMV Commercial Motor Vechicles driver to log into an EOBR, the driver must enter information (such as a user ID and password) into the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) that uniquely identifies the driver. Alternatively, the interstate CMV Commercial Motor Vechicles driver may use other means (such as a smart card or a biometric reader) that uniquely identifies him or her to the EOBR.

The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) must have the capability of displaying all of the following information:

(1) Driver’s name and EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) user ID on all EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records associated with that driver, including records in which the driver serves as a co-driver;

(2) Driver’s total hours of driving during each driving period and the current duty day;

(3) Total hours on duty for the current duty day;

(4) Total miles or kilometers of driving during each driving period and the current duty day;

(5) Total hours on duty and driving time for the prior 7-consecutive-day period, including the current duty day;

(6) Total hours on duty and driving time for the prior 8-consecutive-day period, including the current duty day;

(7) Sequence of duty status for each day and the time of day and location for each change of duty status for each driver using the device;

(8) EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) serial number or other identification and identification number(s) of vehicle(s) operated that day;

(9) Remarks, including fueling, waypoints, loading and unloading times, unusual situations, or violations;

(10) Driver’s override of an automated duty status change to driving if using the vehicle for personal conveyance or for yard movement; and

(11) Other data as the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees deems appropriate, including the date and time of crossing a State line for purposes of fuel-tax reporting.

The requirements of the April 5, 2010 Final Rule are still applicable to the motor carriers complying with EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 under a Remedial Directive or motor carriers voluntarily using EOBRs.

A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees that is required to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) under the terms of a Remedial Directive or voluntarily chooses to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) for recording drivers’ RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) in place of using hardcopy records must ensure the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) meets the following additional conditions in order to address all HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements in effect as of November 19, 2008 (73 FR 69567).

(1) The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) must not permit alteration or erasure of the original information collected concerning the driver’s HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) or alteration of the source data streams used to provide that information,

(2) The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) must be able to track total weekly on-duty and driving hours over a 7- or 8-day consecutive period,

(3) The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) must be capable of recording separately each driver’s duty status when there is a multiple-driver operation,

(4) The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) device/system must identify annotations made to all records, the date and time the annotations were made, and the identity of the individual making them, and

(5) If a driver or any other individual annotates a record in an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) device/system, the annotation must not overwrite the original contents of the record.

A driver’s RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) must be submitted according to all of the following conditions:

(1) The driver must submit each RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) electronically to the employing motor carrier.

(2) For motor carriers not subject to the Remedial Directive provisions of 49 CFR Code of Federal Regulations part 385, subpart F of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule, each RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) must be submitted [to the motor carrier] within 13 days of its completion.

(3) For motor carriers subject to the Remedial Directive remedies provisions of 49 CFR Code of Federal Regulations part 385, subpart F of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule, each RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) must be submitted [to the motor carrier] within three days of its completion.

(4) The driver must review and verify that all entries (the duty status information generated by the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) and the driver’s annotations to same) are accurate prior to submitting each RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) to the employing motor carrier.

(5) The submission of each RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) certifies that all entries (duty status information generated by the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) and annotations by the driver) are true and correct.

FMCSA will continue to require motor carriers to maintain HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance information (including supporting documents, when applicable) for a period of six months from the date the information was generated. This information must be made available to authorized Federal and State safety and enforcement personnel during on-site compliance reviews of motor carriers. EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) will be required to display the information described above on the visual display device installed in the CMVs Commercial Motor Vehicles (vehicles owned or used by a business) to ensure that authorized Federal and State safety and enforcement personnel conducting “roadside” inspections of CMVs Commercial Motor Vehicles (vehicles owned or used by a business) can determine if interstate CMV Commercial Motor Vechicles drivers are operating in compliance with the applicable HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) requirements. At the roadside, interstate CMV Commercial Motor Vechicles drivers will be required to have eight consecutive days of EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records.

Supporting documents for HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance collected by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees will be retained by the motor carrier. Currently, an Agency guidance document published November 17, 1993 (58 FR 60734) provides an interpretation of the regulatory text which provides over 30 examples of supporting documents. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) never intended to require motor carriers to retain all 30-plus types of documents, but many motor carriers do treat the list as though it were a regulation, not guidance. These carriers currently maintain almost every document that they receive (and large amounts of PII). This proposed change to the regulation provides clarification by limiting the types of supporting documents motor carriers are required to maintain. These records will now be limited to: payroll, trip-related expense records and receipts, fleet A group of motor vehicles owned or leased by businesses or government agencies management system communication logs, and bills of lading or equivalent documents.

FMCSA Safety Investigators will have access to these files during reviews (through EDMS), but this information will not be submitted on a regular basis to FMCSA. In addition, these documents would be kept during the normal course of business, and would not contain sensitive information or PII.

SUMMARY OF PIA PROCESS

FMCSA conducted this PIA because EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) utilize PII personally identifiable information of interstate CMV Commercial Motor Vechicles drivers. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule and corresponding PIA are posted at:

http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480acfb7f.

This PIA analysis reflects the framework of the Privacy Act of 1974 and the Fair Information Practice Principles (FIPPs). In addition, the FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) Office of Information Technology is releasing “Best Practices for the Protection of Personally Identifiable Information” (Best Practices for Protection of PII, http://csrc.nist.gov/publications/nistpubs/800-122/sp800-122.pdf) to provide guidance on privacy and security protections consistent with the FIPPs standards and practices and equivalent to those required under the Privacy Act of 1974 (5 U.S.C. 552a), the Federal Information Security Management Act (FISMA) of 2002, and the information security standards issued by the National Institute of Standards and Technology (NIST).

The DOT Department of Transportation privacy management process is built upon a methodology that enables DOT/FMCSA to have the information, tools, and technology necessary to effectively protect personal information while allowing FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) to achieve its mission. The methodology includes the following:

Establishing appropriate authorities, responsibilities, and controls for information management with input from systems architecture, technology, security, legal, and other disciplines;
Identifying, documenting, and addressing privacy risks;
Developing and implementing appropriate policies and procedures and updating them when necessary;
Monitoring compliance with applicable laws, regulations, policies, and procedures;
Providing training to all DOT Department of Transportation employees and contractor personnel who will process or have access to PII; and
Effectively maintaining the following privacy protection principles:

(1) Openness.

(2) Individual Participation.

(3) Purpose Specification.

(4) Collection Limitation.

(5) Use Limitation.

(6) Data Quality and Integrity.

(7) Security Safeguards.

(8) Accountability and Auditing.

FMCSA recognizes the industry’s concerns about data from EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) being used inappropriately, or to invade driver privacy. Therefore, only information required to determine compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations is be required to be displayed on EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) or made available to enforcement officials. For example, the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule does not require EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to record engine speed; the data derived will not be used to enforce non-HOS related violations such as speeding; and the vehicle location requirements are not required to be at a level of precision to identify street addresses.

FMCSA’s interest in promoting highway safety and preventing CMV Commercial Motor Vechicles accidents is compatible with requiring use of EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to accurately document the number of hours interstate CMV Commercial Motor Vechicles drivers are driving, whether they are on-duty or off-duty, and whether they are using a sleeper berth, as well being compatible with requiring use of EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to accurately document the time and location of changes in duty status. Except in the context of an investigation of a crash or a complaint of alleged FMCSR Federal Motor Carrier Safety Regulations: federal rules governing operation and safety of Commercial Motor Vehicles violations, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) does not inquire into an interstate CMV Commercial Motor Vechicles driver’s off-duty activities. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is interested only in whether the driver was afforded an off-duty period and had an opportunity to obtain restorative sleep. A RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) that documents the date, time, and location at each change of duty status is used by FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) to reconstruct travel itineraries of interstate CMV Commercial Motor Vechicles drivers in order to determine compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations. Only HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records showing violations will be retained by enforcement and safety officials and transmitted to FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) systems for FMCSA’s use in reconstructing itineraries and proving violations.

PII AND RULEMAKING

In order to perform HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance-assurance and enforcement functions, Federal and State law enforcement and safety officials must use personal information to verify the time, date, and location for duty status changes of interstate CMV Commercial Motor Vechicles drivers to ensure that motor carriers and interstate drivers comply with applicable HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rules. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule does not change the requirements concerning who must comply with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rules. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule proposes to require the collection of information about an interstate CMV Commercial Motor Vechicles driver’s duty status and requires location to be recorded with frequency while the CMV Commercial Motor Vechicles is in motion. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule does not require any additional information from EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) concerning drivers’ activities and the location of such activities that are beyond the scope of the HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rules.The provisions of the NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule would not change the information contained in an EOBR-generated record. As said previously, EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 merely expands the field of commercial motor vehicle Any vehicle owned or used by a business drivers who are subject to it. And, although the number of regulated entities and individuals required to use EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) to record HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) would change, the protection of PII personally identifiable information and other personal information would continue. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) also will continue to apply the privacy safeguards that the Agency has in place. There is no change in privacy impact merely because of this expansion. The privacy impact remains the same as that explained in EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1.

Best Practices for Protecting PII personally identifiable information Associated with EOBRs

The FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) Office of Information Technology will issue best practices to assist the Office of Enforcement and Program Delivery and the Office of Policy and Programs in protecting the privacy of PII personally identifiable information associated with the future implementation of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 Final Rule. As this is currently in the NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule stage of rulemaking, these best practices incorporate standards and practices equivalent to those required under the Privacy Act and other Federal and State laws that implement the FIPPs. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is developing a plan to use best practices for protecting the privacy of PII personally identifiable information associated with the implementation of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule of April 2010, as well as the NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule for EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2, because both will use the same technical specifications.

Openness Principle: FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) does not secretly collect PII, and FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) clearly discloses its policies and practices concerning the PII personally identifiable information it possesses. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule and this PIA fully describe the nature and type of PII personally identifiable information collected and used pursuant to the Motor Carrier Act of 1935 (Public Law 74-255, 49 Stat. 543, August 9, 1935, now codified at 49 U.S.C. 31502(b)), as applicable to this EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM. Any supporting documents collected by an investigator are maintained in EDMS.

Individual Participation Principle: FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) continues to ensure that individuals have the right to (a) obtain confirmation of whether or not FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) has PII personally identifiable information relating to them; (b) access the PII personally identifiable information related to them within a reasonable time, cost, and manner and in a form that is readily intelligible to them; (c) an explanation if a request made under (a) and (b) is denied and be able to challenge such denial; and (d) challenge PII personally identifiable information relating to them and, if the challenge is successful, have the data erased, rectified, completed, or amended. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) has adopted effective and timely procedures to permit each driver to examine the PII personally identifiable information that is on file concerning him or her and to obtain a copy of such information upon request. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) has a redress process in place, the DataQs system, which provides an electronic means to file concerns about Federal and State data released to the public by FMCSA. Specifically, DataQs allows a filer to challenge data maintained by FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) on, among other things, crashes, inspections, registration, operating authority, safety audits, and enforcement actions. Through this system, data concerns are automatically forwarded to the appropriate Federal or State office for processing and resolution. Any challenges to data provided by State agencies must be resolved by the appropriate State agency. Additionally, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is not authorized to direct a State to change or alter the Motor Carrier Management Information System (MCMIS) data for violations or inspections originating within a particular State(s). Once a State office makes a determination on the validity of a challenge, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) considers that decision as the final resolution of the challenge. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) cannot change State records without State consent. The system also allows filers to monitor the status of each filing.

With respect to EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) does not collect or retain comprehensive EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records but only those portions of EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) and other HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records necessary for enforcement actions. Under the DataQs process, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) does not “correct EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records” that are stored in the motor carrier’s information systems. However, if an interstate CMV Commercial Motor Vechicles driver is incorrectly identified in an enforcement action, the DataQs system provides an avenue for a driver or motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees to request FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) to correct enforcement information that it may store in its own information systems.

Purpose Specification Principle:FMCSA specifies at the time of inspection the purpose(s) for collecting PII. Unless individuals are given written notice of, and provide express written consent to, any proposed change to these purposes, the subsequent use of the PII personally identifiable information is limited to the fulfillment of those purposes or to purposes that are compatible with the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule. Unless otherwise authorized by applicable law, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) limits its use of PII personally identifiable information related to the implementation of EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) regulations to the performance of official responsibilities pertaining to law enforcement, the verification of personal identity, or highway and CMV Commercial Motor Vechicles safety.

FMCSA informs drivers that PII personally identifiable information in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) record may be transmitted to law enforcement agencies only if such disclosure is related to the performance of official responsibilities pertaining to law enforcement, the verification of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) pertaining to highway and motor vehicle safety, or any other official use expressly authorized by law. Possible uses include those described in 5 U.S.C. § 552a(b) and those that DOT Department of Transportation has published pursuant to 5 U.S.C. § 552a(b)(3) (see 65 FR 19476 at 19477, as supplemented at 68 FR 8647 for General Routine Uses applicable to all DOT Department of Transportation systems; see the System of Records Notices (SORNs) for MCMIS and EDMS for system-specific routine uses).

The authority for this rulemaking is described in the Overview section of the preamble to the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule. The collection of PII personally identifiable information (specifically the interstate CMV Commercial Motor Vechicles driver’s name) is a necessary part of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule because it allows Federal and State law enforcement agencies to match an interstate CMV Commercial Motor Vechicles driver’s name with his or her HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) record. Generally, EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records containing PII personally identifiable information will be collected by Federal and State law enforcement and safety officials during compliance reviews and roadside inspections (two types of enforcement activities). During a compliance review, a Federal or State official will review multiple interstate CMV Commercial Motor Vechicles drivers’ RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) that cover a six-month period. The purpose of this review is to identify violations of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations by the carrier and individual driver. However, a law enforcement or safety official will only collect EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data containing PII personally identifiable information if a violation exists. (See the Collection Limitation Principle section of this PIA.)

During the roadside inspection, the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data, without the PII, is transferred through a wireless connection to a law enforcement or safety official’s laptop computer. The law enforcement or safety official reviews one (or two, in the case of team drivers) interstate CMV Commercial Motor Vechicles driver’s RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) data that covers eight consecutive calendar days. Software analyzes the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data, and the law enforcement or safety official reviews the results of the data analysis to determine if a citable violation exists. If the official determines that there are no citable violations, the record is deleted on the laptop. If one or more citable violations are found, the law enforcement or safety official manually enters a unique personal identifier to link (electronically attach) the violation or violations with an individual driver. The record is then uploaded to a Federal or State system.

Generally, the purpose of this review is to identify violations of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations by individual drivers. However, to protect an interstate CMV Commercial Motor Vechicles driver’s privacy from being inadvertently transmitted to unauthorized parties, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) has determined the driver’s name must not be included in the wireless transmission at roadside. (For a more detailed discussion of this topic, see the Information Sharing section of this PIA.)

Collection Limitation Principle: FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) only collects PII personally identifiable information necessary for official purposes as stated in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM. In addition, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) only obtains such PII personally identifiable information by lawful and fair means and, to the greatest extent possible, with the knowledge or consent of the individual.

FMCSA considered the potential use of EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data in litigation unrelated to HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations because of its evidentiary value (i.e., more accurate and reliable). Additionally, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) recognizes that the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule causes those motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees companies with a certain pattern of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations to collect more data containing PII personally identifiable information and causes motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees companies to collect electronic records on interstate CMV Commercial Motor Vechicles drivers who may never have violated the HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations. However, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) acknowledges that it cannot affect by a rulemaking the rights of private litigants to seek discovery from motor carriers, States, or FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) in Federal and State judicial or administrative proceedings. Similarly, existing provisions governing FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) disclosure of motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees and interstate CMV Commercial Motor Vechicles driver information under the Freedom of Information Act (FOIA) are not affected by this rulemaking but may be affected under State/local information access laws.

In consideration of these factors, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) limited the collection of PII personally identifiable information by requiring only that information relevant to CMV Commercial Motor Vechicles safety regulation be collected (49 CFR Code of Federal Regulations 395.16(b)). Specifically, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is only requiring motor carriers to use EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to collect, along with the driver’s name, location data at each change of duty status and at intervals at least every 60 minutes while the CMV Commercial Motor Vechicles is in motion. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) decided on this location-recording interval to ensure travel distance and the associated driving time are recorded and reported at a level of accuracy appropriate to ensure HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance. Based on the information provided by commenters and the Agency’s decision to continue to require that on-board recorders be integrally synchronized with the vehicle’s engine use status, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) believes the new requirement achieves an appropriate balance among accuracy, affordability, and impacts to privacy.

In addition to limiting the number of motor carriers that must collect this data electronically, the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule does not revise the record retention requirements applicable to motor carriers required to use EOBRs. The record retention requirements for HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) will remain at six months for all motor carriers. At the roadside, an interstate CMV Commercial Motor Vechicles driver will only be required to have in his or her possession HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records for the current day and the previous seven days.

FMCSA also plans to follow past practices in releasing individual driver information collected from EOBRs. In response to past FOIA requests for driver RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) from motor carriers, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) redacts all information that reveals the identity of an individual driver when the FOIA personal privacy exemption allows it to disclose HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) records in a redacted form.

Use Limitation Principle: FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) only uses PII personally identifiable information for the purposes and uses originally specified in the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 2 NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule except (a) with the express consent of the individual, or (b) as authorized by law.

The only information FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) requires EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to collect is that which is necessary to determine interstate CMV Commercial Motor Vechicles driver and motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations. For that reason, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) does not require EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) to collect data on vehicle speed, braking action, steering function, or other vehicle performance parameters. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) requires automatic recording of CMV Commercial Motor Vechicles location information only to the level of precision (State, county, and populated place) found in the National Standard for Named Physical and Cultural Geographic Features maintained by the Department of the Interior’s United States Geological Survey. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule requires location tracking only once every 60 minutes while a CMV Commercial Motor Vechicles is in motion in order to allow enforcement personnel to determine an interstate CMV Commercial Motor Vechicles driver’s HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance. When conducting roadside inspections, authorized law enforcement and safety officials will view eight consecutive days of RODs pertaining to one or two drivers; and when conducting compliance reviews, authorized law enforcement and safety officials will view six months of RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) pertaining to multiple drivers.

FMCSA will limit its disclosure of PII personally identifiable information collected and stored on DOT Department of Transportation systems as a result of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule consistent with Privacy Act SORNs for MCMIS and EDMS. HOS information recorded on EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) will be examined by Federal and State authorized law enforcement and safety officials when conducting compliance reviews or roadside inspections. Although motor carriers are not required to upload this information into any Federal or State information system accessible to the public, EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) information that contains HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations will be uploaded into a Federal or State system by an authorized Federal or State law enforcement and safety officials. EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) information that shows violations of HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rules will be uploaded to MCMIS and EDMS.

Data Quality and Integrity Principle:FMCSA ensures that PII personally identifiable information collected, used, and maintained related to the implementation of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule is relevant to the purposes for which it is to be used and, to the extent necessary for those purposes, that it is accurate, complete, and current. Data accuracy concerning interstate CMV Commercial Motor Vechicles drivers’ RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) will improve as a result of the rule, which establishes new performance standards for EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) and mandates the use of EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) by motor carriers with chronic non-compliance with Federal HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) rules. Interstate CMV Commercial Motor Vechicles drivers and their employing motor carriers are responsible for the accuracy of the information collected by EOBRs, as they would be if they used handwritten RODS. Drivers will have the opportunity to review all information generated by EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) and to make additional annotations (entries to augment, but not overwrite, other recorded data) as needed to clarify situations where there may be inconsistencies in the data. Interstate CMV Commercial Motor Vechicles drivers will also certify the accuracy of the duty status information generated by EOBRs. If a driver knowingly falsifies his or her certification, then he or she could be liable for civil penalties pursuant to 49 U.S.C. 521.

The provisions of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule include the default status for EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) and audit trails. The “default” status for an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) is defined by FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) as on-duty not-driving (ODND) when the vehicle is stationary (not moving with the engine off) for five minutes or more. When the CMV Commercial Motor Vechicles is stationary and the driver is in a duty status other than the default status, the driver must enter the duty status manually on the EOBR. The performance requirements of 49 CFR Code of Federal Regulations 395.16 also add a provision for automatically recording the location of the CMV. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule requires a recording interval no greater than 60 minutes. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) believes that this interval (rather than, for example, 15 or 30 minutes) strikes the appropriate balance between improving the accuracy and reliability of ODND status information and off-duty information without intruding unnecessarily upon the privacy of the driver. Drivers will still be required to record the location of each change of duty status, as currently required under 49 CFR Code of Federal Regulations 395.8 and 395.15. Finally, as stated in the NPRM Notice of Proposed Rulemaking: the official document announcing and explaining the proposed rule (72 FR 2352), FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) recognizes that the need for a verifiable EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) audit trail (a detailed set of records to verify time and physical location data for a particular CMV) must be counterbalanced by privacy considerations.

SecuritySafeguards Principle:This principle requires that PII personally identifiable information be protected by reasonable security safeguards against loss or unauthorized access, destruction, misuse, modification, or disclosure. These safeguards incorporate standards and practices required for Federal information systems under FISMA and the information security standards issued by NIST, including the Federal Information Processing Standards Publication (FIPS PUB 200) and the NIST Recommended Security Controls for Federal Information Systems (NIST 800-53). FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) has a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate for the protection of data. These safeguards are designed to achieve the following objectives:

· Ensure the security and confidentiality of PII personally identifiable information related to HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations.

· Protect against any reasonably anticipated threats or hazards to the security or integrity of PII.

· Protect against unauthorized access to or use of PII.

As a general matter, any HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violation information that authorized Federal or State law enforcement and safety officials collect from EOBRs, save on their portable computers at roadside or at carrier facilities, and transfer to FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) will be uploaded and stored in MCMIS and EDMS, both of which are FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) Privacy Act Protected Systems of Records.

Accountability and Auditing Principle: FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is accountable for compliance with the Federal Government privacy and security policies and regulations. In addition, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is responsible for identifying, training, and holding Agency personnel accountable for adhering to Agency privacy and security policies and regulations. FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) follows the Best Practices for the Protection of Personally Identifiable Information Associated with Implementation of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) Devices and Information Security Best Practices (http://csrc.nist.gov/publications/nistpubs/800-122/sp800-122.pdf) . As stated in the April 5, 2010 EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule (75 FR 17208), the Agency recognizes that the need for a verifiable EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) audit trail (a detailed set of records to verify time and physical location data for a particular CMV) must be counterbalanced by privacy considerations.

FMCSA operates MCMIS and EDMS in accordance with the E-Government Act (Public Law 107-347), the FISMA of 2002, and other required policies, procedures, practices, and security controls for implementing the Automated Information System Security Program.

Only authorized Federal and State government personnel and contractors conducting system support or maintenance may access records in these systems. Access to records is password protected, and the scope of access for each password is limited to the official need of each individual who is authorized to access the systems. Additional protection is afforded by the use of password security, data encryption, and a secure network.

These systems capture sufficient information in audit records to establish what events occur, the sources of the events, and the outcome of the events. These events are identified by type, location, or subject. This type of auditing ensures accountability and support after-the-fact investigations of security incidents. Access to the audit logs are restricted and controlled by system administrators.

INFORMATION SHARING

FMCSA has developed several software tools to facilitate the roadside safety inspection process. Authorized law enforcement and safety officials use the Aspen software (and States’ equivalent systems) to collect information concerning the driver and vehicle to generate an electronic inspection report. The development of a new software tool, eRODS, will allow enforcement and safety officials to assess HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) information rapidly and accurately at roadside to determine whether or not the driver is in compliance with the HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations. The process of transferring EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) data, including PII, at the roadside using eRODS is described in the following paragraphs.

During a roadside inspection, authorized law enforcement and safety officials would use the eRODS software to download the information stored in an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) device and then to determine if a driver is in compliance with HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) regulations. Access to an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) device can be either via a wireless or a wired protocol. The preferred method to access the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) is via a wireless connection. The law enforcement and safety official would use a wired connection only if the wireless transfer fails. The eRODS software does not download the name of the driver or any personal identifier but rather transfers duty status, time, and miles driven. The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) 1 Final Rule specifically excludes PII personally identifiable information from the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) files downloaded at roadside so as not to subject PII personally identifiable information transmitted by wireless means to inadvertent or deliberate capture. The eRODS software then analyzes the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) files and displays a graph that represents the data and highlights areas of violation. The eRODS software also generates a summary of interstate CMV Commercial Motor Vechicles driver activity and HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations.

Once the law enforcement or safety official reviews the results of the eRODS analyses of the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) records, he or she determines whether a citable violation actually exists (for example, if the analyses generate one five-minute violation of a single 10-hour off-duty period, it would not be likely that a citation would be written). If no citable violation exists, the law enforcement or safety official immediately deletes the entire EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) file. If the safety official determines that a citable violation exists, the safety official manually enters the cited driver’s PII personally identifiable information (driver name, license number, issuing jurisdiction) into the Aspen software, along with the citable HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) violations identified by eRODS. The law enforcement or safety official completes the inspection, notes any other safety violations (additional driver violations, such as an expired medical card, and vehicle violations, such as brakes out of adjustment or inoperative lighting devices) into the Aspen application.

FMCSA’s interest is that each driver used by a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees is uniquely identified for purposes of recordkeeping and that each motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees ensures that drivers enter duty status information accurately. How individual drivers are identified internally (by name, by employee number, or by another code) are left to a motor carrier’s discretion. However, FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) very strongly discourages a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees from using a Social Security Number or driver’s license number because of the potential for persons to obtain access to information that is not relevant to HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) compliance assurance. It is a motor carrier’s responsibility to select and implement information security policies (including issuing and updating identification and information system access codes) appropriate to its own operations.

It is worth noting, however, that by eliminating the use of individual names in the wireless transmitted EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) record, it becomes more difficult for unauthorized users to capture that information from a stream of transmitted information and easily tie it to a specific individual. For this reason, the driver’s name is not transmitted wirelessly from the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) to the roadside officials’ portable computer. The official will then manually enter the name of the driver (and the name of the co-driver, if applicable) into the portable computer. The transmission of data from the official’s portable computer to MCMIS takes place later, and the information is encrypted for transmission.

SYSTEM OF RECORDS

This rulemaking will not result in a new or revised Privacy Act System of Records for FMCSA. This rulemaking does not cause or require new or additional information to be collected in MCMIS or EDMS that is not covered by the existing SORN.

[1] FMCSA published a Final Rule on April 5, 2010 that updated the technical specifications for HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) recording devices and that requires motor carriers with serious HOS Hours of service (Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive) non-compliance to use these devices under the terms of a Remedial Directive. This rulemaking action is known as “EOBR 1.” The follow-on rulemaking action that is the subject of this PIA would mandate use of these devices by a larger number of motor carriers and would also revise requirements for collecting and maintaining supporting documents. This new rulemaking action is known as “EOBR 2.”

[2] This established practice has been in place for several years- since the beginning of the Motor Carrier Safety Assistance Program.

[3] Except for private motor carriers – nonbusiness. These carriers are except from FMCSRs.