Hours of Service of Drivers: Turfgrass Producers International; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
19 June 2019

[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28621-28623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13016]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0093]


Hours of Service of Drivers: Turfgrass Producers International; 
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: FMCSA has received an application from Turfgrass Producers 
International (TPI) asking the agency to extend the hours-of-service 
(HOS) exemption for agricultural operations to drivers transporting 
turfgrass sod for its business operations. FMCSA requests public 
comment on TPI's application for exemption.

DATES: Comments must be received on or before July 19, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2019-0093 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. 
E.T., 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,

[[Page 28622]]

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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (202) 366-4325; 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-2019-0093), 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 comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2019-0093'' 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain 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 any 
safety analyses that have been conducted and provide an opportunity for 
public comment on the request.
    The Agency preforms a review of 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 
Agency will publish its decision 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 specify the effective period (up to 5 years) 
and explain the terms and conditions of the exemption. The exemption 
may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Turfgrass Producers International (TPI) represents natural grass 
seed and sod farmers throughout the United States and abroad. TPI has 
promoted the benefits of natural grass for 51 years and has members in 
over 46 States and 25 nations who produce natural grass seed and sod to 
service customers and consumers in the green industry. The natural 
grass product that farming members produce is delivered to urban and 
suburban areas where it is used for landscape services, home 
construction, and recreational industries, among others.
    TPI requests that all transporters of turfgrass sod be eligible for 
the HOS exception for agricultural commodities provided in 49 CFR 
395.1(k)(1). TPI asserts that sod producing members are concerned that 
sod is not included in the definition of an agricultural commodity in 
49 CFR 395.2. TPI believes that the failure to define sod as an 
agricultural commodity is inconsistent with other Federal and State 
regulations and creates an unnecessary economic burden for sod farmers 
when transporting their product to market.
    According to TPI's application, turfgrass sod is a perishable 
agricultural commodity that is recognized by the U.S. Department of 
Agriculture and, like many other agricultural commodities, is planted 
and harvested annually. Sod is cultivated and managed with techniques 
and equipment similar to those used for other crops and is subject to 
the same impacts of weather, weed infestations, insect pests, and plant 
disease factors that impact other agricultural crops. Similarly, once 
harvested for sale it is also subject to perishing in transport. 
Specifically, sod often loses its color, moisture, and vigor due to 
transplant shock and can die if palleted too long. Sod's perishability 
depends on many of the same factors that impact the transportation of 
other agricultural commodities including temperature, desiccation, 
oxygen and light deprivation, increased respiration, carbon starvation, 
etc., all of which negatively impact the quality of turfgrass sod.
    TPI asserts that the lack of an HOS exemption granted to other 
agricultural commodities by 49 CFR 395.1(k)(1) will impact sod haulers' 
business heavily. Their inability to deliver their perishable product 
to market in a timely manner will result in a decrease in the amount of 
product they can ship and an increase in the amount of product that 
either perishes in transport or is damaged in transport, resulting in 
customers who refuse delivery or are otherwise not satisfied with sod 
quality at delivery. If granted, TPI estimates that the exemption would 
cover between 2,400 drivers (400 farm baseline) and 10,428 drivers 
(1,738 farm maximum).

IV. Method To Ensure an Equivalent or Greater Level of Safety

    TPI essentially argues that the exemption would achieve a level of 
safety equivalent to that of others transporting agricultural 
commodities within 150 air miles of the source of the agricultural 
commodity. TPI is requesting that the Agency exercise its statutory 
authority to extend to the transporters of turfgrass sod the same HOS 
relief provided by Congress to transporters of specified agricultural 
commodities. TPI states that it will work with natural grass sod 
haulers to ensure they understand existing safety regulations regarding 
the operation of commercial motor vehicles. TPI contends that nothing 
about weight, stacking configuration, etc., makes natural grass sod any 
less safe to haul than other agricultural commodities, as demonstrated 
by the proven track record that natural grass sod farmers have had for 
many years while hauling sod as an agricultural commodity.

[[Page 28623]]

    A copy of TPI's application for exemption is available for review 
in the docket for this notice.

    Issued on: June 12, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-13016 Filed 6-18-19; 8:45 am]
BILLING CODE 4910-EX-P