

[Federal Register: November 30, 2007 (Volume 72, Number 230)]
[Notices]               
[Page 67779-67781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no07-105]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-0069]

 
Electronic Signatures on Documents: Verigo, Incorporated 
(Verigo), Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The FMCSA announces that it has received from Verigo, 
Incorporated (Verigo) an application for an exemption from the 
signature requirement for a driver on the record of duty status (RODS). 
Verigo's application is being made on behalf of all drivers and 
carriers operating commercial motor vehicles in the U.S. and using the 
Verigo Wireless Logbook. The exemption would allow a signature entered 
on an electronic ``signature pad'' to be the functional equivalent of a 
handwritten signature on the RODS. Verigo states that this will allow 
the trucking industry to reduce administrative costs and increase 
productivity by providing a simple and effective alternative to paper 
RODS. The FMCSA requests public comment on Verigo's application for 
exemption.

DATES: Comments must be received on or before December 31, 2007.

[[Page 67780]]


ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2007-0069 by any of the following 
methods:
     Web Site: http://www.regulations.gov. Follow the 

instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 

personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 

the ground floor, room W12-140, DOT Building, New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://www.regulations.gov
.

    Public participation: The http://www.regulations.gov Web site is 

generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify 

you that we received your comments, please include a self-addressed, 
stamped envelope or postcard or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Transportation 
Specialist, FMCSA Driver and Carrier Operations Division, Office of Bus 
and Truck Standards and Operations. Telephone: 202-366-4325. E-mail: 
MCPSD@fmcsa.dot.gov.


SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its 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 
conducting of any safety analyses. The Agency must also provide an 
opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for denying, or, in the alternative, the 
specific person or class of persons receiving, the exemption, and the 
regulatory provision or provisions from which exemption is granted. The 
notice must also specify the effective period of the exemption (up to 2 
years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Verigo, a software developer headquartered in Edmonton, Alberta, 
Canada, manufactures a wireless record-of-duty-status (RODS) 
(``logbook'') and trip-inspection report system that is currently used 
by Canadian motor carriers and drivers. This system uses a software 
program operating on a ``pocket-PC'' cellular telephone with a touch 
screen, which, according to Verigo, provides a very simple method for 
drivers to create the RODS. Verigo states that this system reduces the 
driver and motor carrier compliance ``burden'' of the hours of service 
(HOS) regulations by automating five of the six manual RODS processes, 
as drivers are only required to make simple touch screen entries to 
complete each step. The software program makes all calculations, 
provides an onscreen display that meets the requirements for roadside 
inspectors, and e-mails a copy of the driver's daily RODS to the motor 
carrier or any other person authorized by the driver to receive a copy. 
The Wireless Logbook System includes an automatic change-over feature 
between Canadian and U.S. HOS rules when the driver makes a border-
crossing entry.
    Verigo is applying for a 2-year exemption from 49 CFR 395.8(f)(2). 
This section requires entries made by the driver on the RODS to be 
legible and in the driver's own handwriting. Verigo is requesting the 
exemption for all users of their Verigo Wireless Logbook. The total 
number of units to be operated under the exemption is unknown as they 
are a service provider for an indeterminate number of motor carriers 
with various fleet sizes.
    Verigo requests the exemption from the requirement to print and 
sign the daily RODS by accepting either an on-screen display or an e-
mail or fax copy of the document, all of which have been certified by 
capturing the driver's own handwriting on the signature pad that is 
embedded in the ``pocket PC'' device. The touch screen--with an 
embedded signature pad--allows the driver to sign each RODS in his or 
her own handwriting. The device also allows inspectors and enforcement 
officers to view up to 14 previous days' RODS, or to obtain printed 
copies at the roadside via e-mail.
    Verigo believes that the requested exemption is administrative in 
nature and does not affect the limits on driving time and on-duty time. 
An equivalent or greater level of safety would be achieved by using the 
device because of its ability to simplify and encourage regulatory 
compliance. According to Verigo, the wireless logbook deters 
falsification. The time-line on the grid sheet is plotted by the 
software program, and once the driver has selected a duty status, all 
time spent doing that task is recorded and stored. The driver may edit 
the record, but the time of the original data entry and all 
modifications are recorded and cannot be changed. This results in a 
``dual data stream'' of original and modified entries that can be 
displayed on the screen. Modifications to entries are not permitted 
after the RODS is signed. New information may be added to the RODS 
after the signature time-stamp, but it must be signed before it can be 
sent to the server for distribution to the motor carrier or the 
roadside inspector. Verigo states that its logbook program replicates 
and automates all of the functions of paper RODS. The program provides 
a significantly higher and faster level of

[[Page 67781]]

information feedback, which allows drivers and dispatchers to 
proactively plan trips in advance of commencing them and to make 
adjustments to trips as unplanned events that impact the driver's work 
schedule occur.
    According to Verigo, if its application for exemption is denied, 
the trucking industry will lose an opportunity to become more efficient 
and cost-effective in complying with the HOS regulations. The use of 
Verigo's technological solution will allow the industry to reduce 
administrative costs and increase productivity by providing a simple 
and effective alternative to paper RODS. Verigo therefore requests that 
an exemption be granted for a period of 2 years, with the possibility 
of renewal. A copy of Verigo's exemption application is in the docket 
identified at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Verigo's application for an exemption. The 
Agency will consider all comments received by close of business on 
December 31, 2007. Comments will be available for examination in the 
docket at the location listed under the ``Addresses'' section of this 
notice. The Agency will file comments received after the comment 
closing date in the public docket, and will consider them to the extent 
practicable.

    Issued on: November 26, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-23245 Filed 11-29-07; 8:45 am]

BILLING CODE 4910-EX-P
