Notice2026-02480
Electronic Logging Device Requirements: Federation of Professional Truckers; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 9, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on the Federation of Professional Truckers' (FOPT) application for an exemption from the electronic logging device (ELD) requirements. FOPT requests an exemption to allow professional drivers the option to record their records of duty status (RODS) manually, instead of using an ELD.
Full Text
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<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
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[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Notices]
[Pages 5800-5801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02480]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-1282]
Electronic Logging Device Requirements: Federation of
Professional Truckers; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on the Federation of
Professional Truckers' (FOPT) application for an exemption from the
electronic logging device (ELD) requirements. FOPT requests an
exemption to allow professional drivers the option to record their
records of duty status (RODS) manually, instead of using an ELD.
DATES: Comments must be received on or before March 11, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-1282 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2025-1282) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without
edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, <a href="/cdn-cgi/l/email-protection#d1a3b8b2b9b0a3b5ffb2bdb4bcb4bfa5b491b5bea5ffb6bea7"><span class="__cf_email__" data-cfemail="ddafb4beb5bcafb9f3beb1b8b0b8b3a9b89db9b2a9f3bab2ab">[email protected]</span></a>. If you have questions on
viewing or submitting material to the docket, contact Docket Services
via telephone at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-1282), indicate the specific section of this
document to which the comment applies, and provide a reason for your
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-1282/document">https://www.regulations.gov/docket/FMCSA-2025-1282/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and
[[Page 5801]]
that is relevant or responsive to the notice, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission that constitutes CBI as ``PROPIN'' to indicate it
contains proprietary information. FMCSA will treat such marked
submissions as confidential under the Freedom of Information Act, and
they will not be placed in the public docket of the notice. Submissions
containing CBI should be sent to Brian Dahlin Chief, Regulatory
Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 or via email at <a href="/cdn-cgi/l/email-protection#4527372c242b6b226b21242d292c2b05212a316b222a33"><span class="__cf_email__" data-cfemail="abc9d9c2cac585cc85cfcac3c7c2c5ebcfc4df85ccc4dd">[email protected]</span></a>.
At this time, you need not send a duplicate hardcopy of your electronic
CBI submissions to FMCSA headquarters. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket for
this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2025-1282 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket by visiting Docket
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call (202) 366-9317 or (202) 366-9826
before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including the
applicant's safety analysis. The Agency must provide an opportunity for
public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
its decision in the Federal Register (49 CFR 381.315(b)). If granted,
the notice will identify the regulatory provision from which the
applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Applicant's Request
Current Regulatory Requirements
Under 49 CFR 395.8(a)(1)(i), drivers required to prepare RODS must
do so using an ELD. Under 49 CFR 395.8(a)(1)(iii)(A)(1), a motor
carrier may allow its drivers to prepare RODS manually, rather than use
an ELD, if the driver is operating a commercial motor vehicle (CMV)
``[i]n a manner requiring completion of a record of duty status on not
more than 8 days within any 30-day period.''
Applicant's Request
The FOPT states that it is a nonprofit advocacy organization whose
members are professional drivers and small carriers operating across
the United States. FOPT requests an exemption from the ELD requirement
in 49 CFR 395.8. The requested exemption would apply to FOPT members
and any other professional driver choosing to participate. The
exemption would allow drivers to record their RODS manually with a
paper logbook, rather than with an ELD. FOPT indicates that drivers
operating under the exemption would meet all other hours-of-service
(HOS) requirements in 49 CFR part 395.
FOPT argues that paper RODS remain enforceable, are understood by
enforcement officers nationwide, and that small carriers face
disproportionate financial burdens from the ELD requirements. FOPT
further states that ``[t]echnical limitations and frequent malfunctions
highlight the continued necessity of paper alternatives,'' and that
Executive Order 12866 requires agencies to avoid unnecessary regulatory
burdens when reasonable alternatives exist.
Applicant's Equivalent Level of Safety
FOPT believes the exemption would not compromise safety because
FOPT would provide members education to ensure accuracy in paper RODS
completion. Participating carriers would conduct random internal
audits, and ``violations of HOS limits by paper RODS users will result
in exclusion from the exemption program.''
A copy of the FOPT's application for exemption is available for
review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on FOPT's application for an
exemption from the requirement in 49 CFR 395.8(a)(1)(i), that drivers
required to prepare RODS must do so using ELDs. All comments received
before the close of business on the comment closing date will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2026-02480 Filed 2-6-26; 8:45 am]
BILLING CODE 4910-EX-P
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