87
(3) If FMCSA determines that the motor carrier is continuing to make a good
faith effort to ensure repair, replacement, or service to address the
malfunction of each ELD, FMCSA may allow an additional period.
(4) FMCSA will provide written notice to the motor carrier of its
determination. The determination may include any conditions that FMCSA
considers necessary to ensure hours-of-service compliance. The
determination shall constitute a final agency action.
(5) A motor carrier providing a request for extension that meets the
requirements of paragraph (d)(2) of this section is deemed in compliance
with § 395.8(a)(1)(i) and (a)(2) until FMCSA makes an extension
determination under this section, provided the motor carrier and driver
continue to comply with the other requirements of this section.
