91 FR 37050 Rescinding the Requirement for Electronic Logging Device Operator's Manual Located in Commercial Motor Vehicles

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2025-0114]

RIN 2126-AC88

Rescinding the Requirement for Electronic Logging Device Operator's Manual Located in Commercial Motor Vehicles

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

ACTION: Final rule.

SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSR) to rescind the requirement for a copy of the electronic logging device (ELD) operator's manual to be kept in a commercial motor vehicle (CMV). Drivers are required to understand the operation of the ELD on the vehicle to ensure the accuracy of their electronic records of duty status and to present this information during inspections by enforcement officials. There is no readily apparent benefit to continuing to require that the user's manual be in the CMV given the use of ELDs since December 2019. This final rule eliminates a regulatory burden on motor carriers without compromising safety.

DATES: Effective July 22, 2026.

Petitions for reconsideration of this final rule must be submitted to the FMCSA Administrator no later than July 22, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Mahorney, Chief, Enforcement Division, FMCSA, (202) 493-0001, bill.mahorney@dot.gov. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

FMCSA organizes this final rule as follows:

I. Availability of Rulemaking Documents

II. Abbreviations

III. Legal Basis

IV. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

B. Comments and Responses

V. International Impacts

VI. Section-by-Section Analysis

VII. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review) and DOT Rulemaking Procedures

B. E.O. 14192 (Unleashing American Prosperity Through Deregulation)

C. Congressional Review Act

D. Regulatory Flexibility Act

E. Assistance for Small Entities

F. Unfunded Mandates Reform Act of 1995

G. Paperwork Reduction Act

H. E.O. 13132 (Federalism)

I. Privacy

J. E.O. 13175 (Indian Tribal Governments)

K. National Environmental Policy Act of 1969

I. Availability of Rulemaking Documents

To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2025-0114/document and choose the document to review. To view comments, click this final rule, then click ” Document Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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. Abbreviations

CFR Code of Federal Regulations

CMV Commercial motor vehicle

DOT Department of Transportation

ELD Electronic logging device

FMCSA Federal Motor Carrier Safety Administration

FMCSR Federal Motor Carrier Safety Regulations

FR Federal Register

HOS Hours of service

NPRM Notice of Proposed Rulemaking

OMB Office of Management and Budget

PIA Privacy Impact Assessment

PII Personally identifiable information

PTA Privacy Threshold Assessment

Secretary Secretary of Transportation

U.S.C. United States Code

III. Legal Basis

Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405, 786-788, July 6, 2012), mandated that the Secretary adopt regulations requiring that CMVs involved in interstate commerce , operated by drivers who are required to keep a Record of Duty Status, be equipped with ELDs. The statute, which may be found at 49 U.S.C. 31137, sets out provisions that the regulations must address, including device performance, design standards, and certification requirements. In adopting regulations, the Agency must consider how the need for supporting documents might be reduced, to the extent data is captured on an ELD, without diminishing hours of service (HOS) enforcement.

The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 Stat. 2832, Oct. 30, 1984) (the 1984 Act), as amended, provides authority to the Secretary of Transportation (Secretary) to regulate drivers, motor carriers, and vehicle equipment. As codified, at 49 U.S.C. 31136, it requires the Secretary to prescribe minimum safety standards for CMVs to ensure that—(1) CMVs are maintained, equipped, loaded, and operated safely; (2) responsibilities imposed on CMV drivers do not impair their ability to operate the vehicles safely; (3) drivers' physical condition is adequate to operate the vehicles safely; (4) the operation of CMVs does not have a deleterious effect on drivers' physical condition; and (5) CMV drivers are not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a CMV in violation of regulations promulgated under 49 U.S.C. 31136 or under 49 U.S.C. chapters 51 or 313. Under 49 U.S.C. §31133(a)(8) and (10), the Secretary is granted broad power in carrying out motor carrier safety statutes and regulations to “prescribe recordkeeping and reporting requirements” and to “perform other acts the Secretary considers appropriate.”

In 49 CFR 1.87(f), the Secretary delegated to the FMCSA Administrator the authority to carry out the functions vested in the Secretary by subchapters I, III, and IV of chapter 311, title 49, U.S.C.

IV. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

On May 30, 2025, FMCSA published in the Federal Register (Docket No. FMCSA-2025-0114, 90 FR 22953) an NPRM titled “Rescinding the Requirement for Electronic Logging Device Operator's Manual Located in Commercial Motor Vehicles.” The NPRM proposed to rescind the requirement for motor carriers to maintain an in-vehicle copy of the ELD user's manual as found in 49 CFR 395.22(h)(1).

B. Comments and Responses

FMCSA solicited comments concerning the NPRM for 60 days ending on July 29, 2025. By that date, 24 comments were received from the American Trucking Association, Energy Marketers of America, North American Transportation Consultants, Inc., Owner-Operator Independent Drivers Association, Veolia North America, 11 individuals, and 8 anonymous commenters. Eighteen comments were in support of the proposal, four opposed the proposal, and two were out of scope.

A majority of the commenters supporting the proposal indicated the requirement to retain a user's manual in the vehicle does not provide a safety benefit for several reasons. ELDs routinely have an electronic version of the user's manual built into the device. Commenters also mentioned that maintaining a user's manual in the vehicle is a burden on motor carriers which can affect their safety measurement system scores in terms of violations cited during inspections. The commenters stated that its absence is usually not cited as a violation but could be.

Those opposed to the proposal indicated that the requirement to maintain a user's manual in the vehicle is not a major burden. The commenters stated that drivers and law enforcement often do not know how to access the electronic version of the user's manual, which can be complicated further by the various types of ELDs in use.

FMCSA Response

The availability of electronic versions of ELD user's manuals makes the requirement for a paper manual redundant. Motor carriers assume costs, from both making copies and taking the time to ensure a paper copy is placed in each CMV in operation for the carrier. Drivers are already required under section 395.24(d) to demonstrate the ability to operate the device upon request of an enforcement officer so they should not need to use the ELD user manual unless they face a rare request. A commenter noted ELDs routinely have an electronic version of the user's manual built into the device. This is true for many devices, but in the event a device does not have an electronic manual accessible within the device, FMCSA has a copy of each user manual on file as part of the documentation process for ELD registration. All of these manuals are readily available to motor carriers, drivers, enforcement personnel, and the public through FMCSA's list of approved ELD devices on its website, https://eld.fmcsa.dot.gov. Finally, while this regulatory change removes the requirement to carry a printed user manual, it does not forbid motor carriers or drivers from continuing to carry a user's manual for their ELD.

V. International Impacts

Motor carriers and drivers are subject to the laws and regulations of the countries where they operate, unless an international agreement states otherwise. Foreign-domiciled drivers and motor carriers operating in the United States must comply with all applicable U.S. Federal regulations. Drivers and carriers should be aware of the regulatory differences between nations.

VI. Section-by-Section Analysis

Section 395.22 is amended by removing paragraph (h)(1) and redesignating paragraphs (h)(2) though (h)(4) as paragraphs (h)(1) through (h)(3).

VII. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT Rulemaking Procedures

FMCSA has considered the impact of this final rule under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT's Rulemaking Procedures, 49 CFR part 5, subpart B. The Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB) determined that this final rule is not a significant regulatory action under section 3(f) of E.O. 12866 and has not reviewed it under that E.O.

FMCSA rescinds the requirement for the ELD operator's manual to be kept in CMVs. In 2024, over 3,000 drivers were found to be in violation of this requirement. FMCSA anticipates that this will result in cost savings for motor carriers and drivers that are currently required to use ELDs and maintain a copy of the manual in the vehicle. FMCSA anticipates that the impact of removing ELD manuals will be de minimis and that the final rule will not impact safety. The regulations will still require that the motor carrier ensure that drivers possess an instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions for producing and transferring drivers' HOS records to an authorized safety official.

B. E.O. 14192 (Unleashing Prosperity Through Deregulation)

E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity Through Deregulation, requires that for “each new [E.O. 14192 regulatory action] issued, at least ten prior regulations be identified for elimination.”  ¹ Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-25-20, March 26, 2025) defines two different types of E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O. 14192 regulatory action. ² An E.O. 14192 deregulatory action is defined as “an action that has been finalized and has total costs less than zero.” This final rule is expected to have total costs of less than zero as it will remove the requirement to keep a copy of the ELD manual in each CMV and therefore is an E.O. 14192 deregulatory action. The cost savings of this rulemaking could not be quantified.

¹  Executive Office of the President, Executive Order 14192 of January 31, 2025, Unleashing Prosperity Through Deregulation, 90 FR 9065-9067 (Feb. 6, 2025).

²  Executive Office of the President, Office of Management and Budget, Guidance Implementing Section 3 of Executive Order 14192, Titled “Unleashing Prosperity Through Deregulation,” Memorandum M-25-20 (Mar. 26, 2025).

C. Congressional Review Act

This rule is not a major rule as defined under the Congressional Review Act (5 U.S.C. 801-808).”  ³

³  A major rule means any rule that OMB finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, geographic regions, Federal, State, or local government agencies; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets (5 U.S.C. 804(2)).

D. Regulatory Flexibility Act (Small Entities)

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, ⁴ requires Federal agencies to consider the effects of the regulatory action on small businesses and other small entities and to minimize any significant economic impact. The term small entities comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses.

⁴  Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).

No regulatory flexibility analysis is required, however, if the head of an agency or an appropriate designee certifies that the rule will not have a significant economic impact on a substantial number of small entities. This final rule will impact all entities that are required to use an ELD and keep a manual in the vehicle. As such, FMCSA anticipates that it will impact a substantial number of small entities. However, the impact of having the option of removing the ELD manual from the vehicle is de minimis and will not result in a significant impact on the impacted entities. Consequently, I certify that this action will not have a significant economic impact on a substantial number of small entities.

E. Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA wants to assist small entities in understanding this final rule so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the person listed under FOR FURTHER INFORMATION CONTACT .

Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman (Office of the National Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small businesses. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights of small entities to fairness in regulatory enforcement and an explicit policy against retaliation for exercising these rights.

F. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. The Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $206 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2024 levels) or more in any one year. Because this final rule will not result in such an expenditure, a written statement is not required.

G. Paperwork Reduction Act

This final rule does not impact the approved information collection covering ELDs and HOS (Hours of Service (HOS) of Drivers Regulations, OIRA approval # 2126-0001). There are no new or revised information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501).

H. E.O. 13132 (Federalism)

A rule has implications for federalism under section 1(a) of E.O. 13132 if it has “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”

FMCSA has determined that this rule will not have substantial direct costs on or for States, nor will it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement.

I. Privacy

The Consolidated Appropriations Act, 2005, ⁵ requires the Agency to assess the privacy impact of a regulation that will affect the privacy of individuals. This rule will not require the collection of personally identifiable information (PII).

⁵  Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).

The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program.

The E-Government Act of 2002, ⁶ requires Federal agencies to conduct a Privacy Impact Assessment (PIA) for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. ⁷ No new or substantially changed technology will collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a PIA.

⁶  Public Law 107-347, 116 Stat. 2899, (Dec. 17, 2002).

⁷  Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 2002).

In addition, the Agency submitted a Privacy Threshold Assessment (PTA) to evaluate the risks and effects the proposed rulemaking might have on collecting, storing, and sharing PII. The PTA was adjudicated by DOT's Chief Privacy Officer on August 28, 2025.

J. E.O. 13175 (Indian Tribal Governments)

This rulemaking does not have Tribal implications under E.O. 13175 (65 FR 67249, Nov. 9, 2000), Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.

K. National Environmental Policy Act of 1969

FMCSA analyzed this rule pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under DOT Order 5610.1D, ⁸ Subpart B, paragraph (e) (6)(q) and (e)(6)(bb). The categorical exclusions in paragraphs (c)(6)(q) and (c)(6)(bb) cover regulations pertaining to records preservation and vehicle operation safety standards, respectively.

⁸  Available at: https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.

List of Subjects in 49 CFR Part 395

Highway safety, Motor carriers, Reporting and recordkeeping requirements.

Accordingly, FMCSA amends 49 CFR part 395 to read as follows:

PART 395—HOURS OF SERVICE FOR DRIVERS

1. The authority citation for part 395 continues to read as follows:

Authority:

49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

§395.22 [Amended]

2. Amend §395.22 by:

a. Removing paragraph (h)(1); and

b. Redesignating paragraphs (h)(2) though (4) as paragraphs (h)(1) through (3), respectively.

Issued under authority delegated in 49 CFR 1.87.

Derek D. Barrs,

Administrator.

[FR Doc. 2026-12448 Filed 6-18-26; 8:45 am]

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