Hours of Service of Drivers: Application for Exemption; National Pork Producers Council (NPPC) |
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Larry W. Minor
Federal Motor Carrier Safety Administration
31 October 2017
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Proposed Rules]
[Pages 50358-50359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23690]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2017-0297]
Hours of Service of Drivers: Application for Exemption; National
Pork Producers Council (NPPC)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that the National Pork Producers Council
(NPPC) has requested an exemption from the requirement that a motor
carrier require each of its drivers to use an electronic logging device
(ELD) no later than December 18, 2017, to record the driver's hours-of-
service (HOS). NPPC states it requests the exemption for all livestock
haulers as defined in the application (i.e., transporters of livestock,
poultry, aquaculture, and insects) to address an incompatibility
between the FMCSA's HOS rules and the current structure and realities
of the U.S. livestock industry. NPPC states that the livestock haulers
will not be prepared to meet the December 18, 2017, compliance date for
installing ELDs. NPPC believes that the exemption, if granted, would
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption. FMCSA requests
public comment on NPPC's application for exemption.
DATES: Comments must be received on or before November 30, 2017.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0297 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251
Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0297), indicate the specific section of this
document to which the comment applies, and provide a reason for
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 comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0297'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. 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. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
[[Page 50359]]
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). 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 any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews 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 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 reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
III. Request for Exemption
NPPC filed this application for exemption on behalf of itself and
the following organizations: American Beekeeping Federation; American
Farm Bureau Federation; Livestock Marketing Association; National
Aquaculture Association; National Cattleman's Beef Association; North
American Meat Institute; and the U.S. Cattlemen's Association.
NPPC requests an exemption for all livestock haulers, which they
define as ``livestock, poultry, aquaculture, and insect producers,
processors and transporters,'' from the requirement in 49 CFR part 395
that no later than December 18, 2017, a motor carrier require each of
its drivers to use an electronic logging device (ELD) to record the
driver's hours-of-service (HOS).
NPPC states that it is seeking this limited exemption from ELDs for
livestock haulers because:
(1) Livestock haulers are not, and will not be prepared to meet the
December 18, 2017 compliance date;
(2) The current ELD retail marketplace does not clearly support the
needs of livestock haulers and questions remain as to whether current
ELD devices can accommodate HOS exemptions currently utilized by the
livestock industry;
(3) There is a significant lack of education and awareness by
livestock haulers and the livestock producers they service regarding
the ELD mandate, current exemptions, and the use and operation of ELDs,
requiring time for adequate outreach and training to take place; and
(4) Concern over the ELD mandate has exposed incompatibilities
between the HOS rules and the livestock industry, and is causing
disruption for livestock haulers, increasing already severe driver
shortages, and endangering the health and welfare of the millions of
animals transported by livestock carriers daily.
NPPC notes that their industry is encountering two problem areas
regarding the use of ELDs. First, because the ELD initiative fails to
directly address the unique requirements of the livestock industry,
those drivers who are aware of the program have had difficulty
researching the ELD marketplace and identifying cost-effective
solutions that are compatible with livestock hauling. NPPC claims that
the vendors in the commercial ELD marketplace lack an understanding of
the unique needs of the livestock industry and essential design
features for their products. Second, nationwide, the average age of
American truck drivers is 49. For livestock haulers, the age is likely
significantly higher. As a result, these drivers are less familiar with
the use of new technology and require more time to train on ELD use.
Forcing these drivers to comply with the ELD mandate without
appropriate training unfairly discriminates against older drivers who
are otherwise more experienced and qualified to haul livestock.
IV. Method To Ensure an Equivalent or Greater Level of Safety
NPPC claims that granting this exemption for the extremely limited
segment of the overall transportation economy engaged in the shipment
of livestock, will achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent an exemption.
In their application, NPPC explains that livestock haulers are
responsible for the daily transportation of millions of animals. They
state that the welfare and safety of the animals in transit, together
with the safety of other drivers on the road, are the industry's top
priorities. NPPC advises that most livestock haulers have participated
in additional specialized training, including the pork industry's
Transport Quality Assurance (TQA) program and the beef industry's
Master Castle Transporter (MCT) program, which provide instruction on
proper animal handling and transportation methods. These voluntary
education programs were developed by and are offered through the U.S.
Department of Agriculture.
The pork industry's TQA program is designed to address the driver
safety and animal welfare needs of the approximately 600,000 pigs
transported every day on U.S. roads. While the program is voluntary,
most major packers require that any driver arriving on their property
be TQA-certified. The beef industry's MCT training program was designed
by cattle experts and volunteers to educate haulers about low-stress
safe handling and transportation methods for cattle. According to the
MCT training program, proper handling and transport of cattle reduces
sickness, prevents bruising, and improves the quality of the meat.
These drivers also transport live fish, which requires a driver to
focus on road safety, equipment maintenance, fish health, and water
quality. Moving live fish by truck also requires specialized equipment,
species-specific loading, and on-time delivery.
NPPC states that the emphasis these programs place on animal
welfare benefits driver safety, as it encourages livestock haulers to
slow down, be more aware of their surroundings and road conditions, and
avoid rough-road situations that could result in animal injury. In
addition to general highway safety and accident prevention measures,
these programs also focus on the primary underlying goal of the HOS
rule--addressing fatigue. For example, the pork industry's TQA program
educates haulers about driver fatigue prevention by stressing adequate
rest, appropriate climate conditions in the cab, a healthy diet, and
how to recognize the signs of fatigue.
NPPC states that granting a limited exemption from the ELD mandate
for livestock haulers will enable FMCSA and the livestock industry to
undertake the training and education necessary for livestock haulers to
understand ELDs. It will also provide an opportunity for FMCSA to
develop livestock-specific solutions to the underlying HOS concerns of
the industry.
A copy of NPPC's application for exemption is available for review
in the docket for this notice.
Issued on: October 25, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-23690 Filed 10-30-17; 8:45 am]
BILLING CODE 4910-EX-P