Hours of Service of Drivers; Definition of Agricultural Commodity |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
29 July 2019
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Proposed Rules]
[Pages 36559-36563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15960]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2018-0348]
RIN 2126-AC24
Hours of Service of Drivers; Definition of Agricultural Commodity
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: The FMCSA seeks public comment to assist in determining
whether, and if so to what extent, the Agency should revise or
otherwise clarify the definitions of ``agricultural commodity'' or
``livestock'' in the ``Hours of Service (HOS) of Drivers'' regulations.
Currently, during harvesting and planting seasons as determined by each
State, drivers transporting agricultural commodities, including
livestock, are exempt from the HOS requirements from the source of the
commodities to a location within a 150-air-mile radius from the source.
This ANPRM is prompted by indications that the current definition of
these terms may not be understood or enforced consistently when
determining whether the HOS exemption applies.
DATES: Comments on this notice must be received on or before September
27, 2019.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System Docket ID (FMCSA-2018-0348) using any of the
following methods:
[[Page 36560]]
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Fax: (202) 493-2251.
Submissions Containing Confidential Business Information (CBI): Mr.
Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For information concerning this ANPRM,
contact Mr. Richard Clemente, Driver and Carrier Operations Division,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366-4325,
MCPSD@dot.gov. If you have questions on viewing or submitting material
to the docket, contact Docket Services at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0348), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these methods. 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 http://www.regulations.gov and
put the docket number (FMCSA-2018-0348) in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``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.
Confidential Business Information (CBI) is commercial or financial
information that is customarily not made available to the general
public by the submitter. Under the Freedom of Information Act (5 U.S.C.
552), CBI is eligible for protection from public disclosure. If you
have CBI that is relevant or responsive to this ANPRM, it is important
that you clearly designate the submitted comments as CBI. Accordingly,
please mark each page of your submission as ``confidential'' or
``CBI.'' Submissions designated as CBI meeting the definition noted
above will not be placed in the public docket of this ANPRM.
Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief,
Regulatory Evaluation Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any comments not specifically designated as CBI will be placed in the
public docket for this rulemaking. FMCSA will consider all comments and
material received during the comment period.
B. Viewing Comments and Documents
To view comments, go to http://www.regulations.gov and insert the
docket number (FMCSA-2018-0348) in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the U.S. Department of
Transportation (DOT) West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
C. Privacy Act
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 https://www.transportation.gov/privacy/ privacy/.
II. Legal Basis
Section 204(a) of the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543, 546, Aug. 9, 1935), as codified at 49 U.S.C. 31502(b),
authorizes the Secretary of Transportation (Secretary) to ``prescribe
requirements for--(1) qualifications and maximum hours of service of
employees of, and safety of operation and equipment of, a motor
carrier; and (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation.'' This ANPRM specifically
addresses the maximum HOS of drivers transporting agricultural
commodities by commercial motor vehicle (CMV).
The Motor Carrier Safety Act of 1984 provides concurrent authority
to regulate drivers, motor carriers, CMVs, and vehicle equipment.
Section 206(a) of that act (98 Stat. 2834), codified at 49 U.S.C.
31136(a), grants the Secretary broad authority to issue regulations
``on commercial motor vehicle safety.'' The regulations must ensure
that ``(1) commercial motor vehicles are maintained, equipped, loaded,
and operated safely; (2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability to operate the
vehicles safely; (3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate the vehicles
safely . . .; (4) the operation of commercial motor vehicles does not
have a deleterious effect on the physical condition of the operators;
and (5) an operator of a commercial motor vehicle is not coerced by a
motor carrier, shipper, receiver, or transportation intermediary to
operate a commercial motor vehicle in violation of a regulation
promulgated under this section, or chapter 51 or chapter 313 of this
title.'' (49 U.S.C. 31136(a)(1)-(5)).
The provisions this ANPRM addresses are connected primarily with 49
U.S.C. 31136(a)(1)-(2) relating to safety of the vehicle and driver and
secondarily with (a)(4) relating to the health of the driver. This
ANPRM does not directly address medical standards for drivers (section
31136(a)(3)). This ANPRM does not propose any specific regulatory
requirements; therefore, FMCSA does not anticipate that drivers would
be coerced (section 31136(a)(5)) as a result of this notice.
More specifically, this ANPRM is based on a statutory exemption
from HOS requirements for drivers transporting ``agricultural
commodities'' ``during planting and harvesting periods, as determined
by each State.'' The exemption was initially enacted as Sec. 345(a)(1)
of the National Highway System (NHS) Designation Act of 1995 [Pub. L.
104-59, 109 Stat. 568, 613, Nov. 28, 1995].
Section 4115 of the Safe, Accountable, Flexible, Efficient
Transportation Equity
[[Page 36561]]
Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, 119 Stat. 1144,
1726, Aug. 10, 2005] retroactively amended the Motor Carrier Safety
Improvement Act of 1999 (MCSIA) [Pub. L. 106-159, 113 Stat. 1748, Dec.
9, 1999] by transferring Sec. 345 to new Sec. 229 of MCSIA [113 Stat.
1773]. Section 4130 of SAFETEA-LU then revised Sec. 229, as transferred
by Sec. 4115, mainly by adding the current definitions of
``agricultural commodity'' and ``farm supplies for agricultural
purposes'' [119 Stat. 1743], as discussed further below. This
definition is codified at 49 CFR 395.2.
Section 32101(d) of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) [Pub. L. 112-141, 126 Stat. 405, 778, July 6,
2012] revised Sec. 229 again, mainly by expanding the 100 air-mile
radius of the exemption to 150 air miles. This change is reflected in
49 CFR 395.1.
The Administrator of FMCSA is delegated authority under 49 CFR
1.87(f) and (i) to carry out the functions vested in the Secretary by
49 U.S.C. chapters 311 and 315, respectively, as they relate to CMV
operators, programs, and safety.
III. Background
A. HOS Regulations
The HOS rules, set forth in 49 CFR part 395, limit property-
carrying CMV drivers to 11 hours of driving time within a 14-hour
period after coming on duty following 10 consecutive hours off duty
(except that drivers who use sleeper berths may combine a period of 2
hours of off-duty time with a period of 8 consecutive hours in the
sleeper berth). Drivers must take at least 30 consecutive minutes off
duty if more than 8 hours have passed since their last off-duty period
of at least 30 minutes, if they wish to drive or continue driving.
Drivers may not drive after accumulating 60 hours of on-duty time in
any 7 consecutive days, or 70 hours in any 8 consecutive days, however,
drivers of property-carrying CMVs may restart the 60- or 70-hour clock
by taking 34 consecutive hours off duty (or 24 hours off duty for some
industries). The Agency is currently preparing an NPRM (RIN 2126-AC19)
which will propose revisions to certain HOS requirements to provide
greater flexibility for drivers, without adversely affecting highway
safety.
As discussed further below, these limits on maximum driving and on-
duty time do not apply during harvest and planting periods, as
determined by each State, to drivers transporting agricultural
commodities (and farm supplies for agricultural purposes) from the
source of the commodities to a location within a 150-air-mile radius
from the source.
B. June 2018 Regulatory Guidance--Application of the 150-Air-Mile HOS
Exemption
On June 7, 2018, FMCSA issued regulatory guidance on the
transportation of agricultural commodities as defined in Sec. 395.2
(83 FR 26374). The guidance addressed various issues related to the
statutory term ``source of the commodities,'' but it did not directly
address the scope or meaning of the term ``agricultural commodity.''
Specifically, the June 2018 guidance addressed: Drivers operating
unladen CMVs enroute to pick up an agricultural commodity or returning
from a delivery point; drivers engaged in trips beyond the 150 air
miles from the source of the commodity; determining the ``source'' of
agricultural commodities for purposes of the exemption; and how the
exemption applies when agricultural commodities are loaded at multiple
sources during a trip.
C. Statutory Definition of ``Agricultural Commodity''
Although the HOS exemption enacted by Sec. 345(a)(1) of the NHS
Designation Act did not define the term ``agricultural commodities,''
Sec. 4130 of SAFETEA-LU enacted a definition now codified at 49 CFR
395.2. In that definition, ``Agricultural commodity'' refers to any
agricultural commodity, non-processed food, feed, fiber, or livestock
(including livestock as defined in sec. 602 of the Emergency Livestock
Feed Assistance Act of 1988 [7 U.S.C. 1471] and insects). FMCSA added
to Sec. 395.2 the definition of ``livestock'' as set forth in the
Emergency Livestock Feed Assistance Act of 1988, defining ``Livestock''
as cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine,
poultry (including egg-producing poultry), fish used for food, and
other animals designated by the Secretary of Agriculture that are part
of a foundation herd (including dairy producing cattle) or offspring;
or are purchased as part of a normal operation and not to obtain
additional benefits under the Emergency Livestock Feed Assistance Act
of 1988, as amended.
Congress recently amended the definition of ``livestock'' in the
Emergency Livestock Feed Assistance Act of 1988 (Section 12104 of the
Agriculture Improvement Act of 2018 [Pub. L. 115-334, 132 Stat. 4490,
December 20, 2018]). Among other things, the 2018 amendment revised the
definition of ``livestock'' by removing the term ``fish used for food''
and adding ``llamas, alpacas, live fish, crawfish, and other animals
that'' are part of a foundation herd (including dairy producing cattle)
or offspring; or are purchased as part of a normal operation and not to
obtain additional benefits [under the Emergency Livestock Feed
Assistance Act of 1988]''. The 2018 amendment also removed the
Secretary of Agriculture's discretion to designate animals in addition
to those specifically listed.
As explained above, the current definition of the term
``livestock'' in Sec. 395.2 restates, without change, the definition
of ``livestock'' as set forth in the Emergency Livestock Feed
Assistance Act of 1988 when FMCSA initially implemented this statutory
provision in 2007. The Agency intends to conform the current text of
the definition of ``livestock'' in Sec. 395.2 to the change made by to
the text of the 2018 amendment to the Emergency Livestock Feed
Assistance Act of 1988, as discussed above. That conforming change,
adding llamas, alpacas, live fish and crawfish, deleting the term
``fish used for food,'' and removing the reference to the Secretary of
Agriculture's discretion to designate additional animals, will be made
at a later date. The Agency notes, however, that a primary sponsor of
the 2018 amendment stated her intention that transporters of these
additional species be included within the scope of the HOS exemption
set forth in Sec. 395.1(k)(1).\1\ FMCSA therefore concludes that the
2018 changes to the definition of ``livestock'' in the Emergency
Livestock Feed Assistance Act of 1988 are self-executing for that
purpose, becoming effective on December 20, 2018.\2\ The Agency intends
to issue guidance addressing FMCSA's implementation of this statutory
change in the near future.
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\1\ Senator Deb Fischer, the primary sponsor of the 2018
amendment, noted her intention that transporters of llamas, alpacas,
live fish, and crawfish be covered by the HOS exemption for
agricultural commodities. https://www.fischer.senate.gov/public/index.cfm/2018/6/bipartisan-farm-bill-clears-senate-agriculture-committee-with-senator-fischer-s-support.
\2\ President Trump signed the Agriculture Improvement Act of
2018 into law on December 20, 2018.
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IV. Discussion of the ANPRM
A. Ambiguities in the Definition of ``Agricultural Commodity''
Although the statutory definition of ``agricultural commodity,''
set forth in Sec. 395.2, is quite detailed in some respects, it is
also circular and ambiguous. For example, ``agricultural
[[Page 36562]]
commodity'' is defined in part as ``any agricultural commodity. . .''
The definition is thus susceptible to multiple interpretations,
resulting in potentially inconsistent application of the HOS exemption
set forth in Sec. 395.1(k)(1). The Agency therefore seeks comment,
along with relevant quantitative or qualitative data, addressing how
FMCSA could define or interpret the term ``agricultural commodity'' in
Sec. 395.2 more clearly, while remaining consistent with Congress's
intent to provide a limited HOS exemption for CMV drivers who transport
agricultural commodities. FMCSA is specifically interested in knowing
what else should be added to the definition of ``agricultural
commodity.'' The purpose of the definition is to determine which
agricultural commodities are eligible for the HOS exemption provided in
Sec. 395.1(k)(1), which is designed to allow additional driving and
working hours for drivers transporting these commodities. The exemption
gets the agricultural commodities to market with fewer delays ``during
planting and harvesting periods, as determined by each State.'' Keeping
that in mind, and the statutory limitation of using this exemption
during ``planting and harvesting periods, as determined by each
State,'' should the Agency establish more specific, but still broad,
categories of eligible commodities falling within the definition of
``any agricultural commodity''? Alternatively, should the Agency adopt
a list of individual commodities (either by name or specified
agricultural classification) that would fall within the definition?
In addition to the ambiguous term ``any agricultural commodity,''
the definition of ``agricultural commodity'' in Sec. 395.2 also refers
to ``non-processed food, feed, fiber, or livestock.'' Although FMCSA
has not issued formal regulatory guidance addressing how the term
``non-processed'' should be defined or applied, in its June 2018
guidance concerning the transportation of agricultural commodities the
Agency provided some guidance by stating that: ``The source may be any
intermediate storage or handling location away from the original source
at the farm or field, provided the commodity retains its original form
and is not significantly changed by any processing or packing''
[emphasis added].\3\
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\3\ 83 FR 26374, 26376 (June 7, 2018).
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The Agency requests comments on how the term ``non-processed'' is
currently understood and applied. How can the Agency best determine the
point at which an agricultural commodity, such as food, feed, or fiber,
becomes ``processed?'' The Agency welcomes specific examples of
agricultural commodities that should be considered ``non-processed''
within the meaning of Sec. 395.1(k)(1). FMCSA also requests comment on
the definition of the term ``livestock,'' as discussed further below.
B. USDA's Classification of ``Agricultural Commodities''
The Agency notes that the U.S. Department of Agriculture's (USDA)
statutes and regulations classify and define the term ``agricultural
commodity'' in a variety of ways, depending on the underlying statutory
and regulatory framework. The extent to which USDA definitions of the
term are consistent with the definition in Sec. 395.2 may become
relevant when transporters of agricultural commodities by CMV are
subject to certain USDA requirements. For example, USDA administers the
Perishable Agricultural Commodities Act (PACA) (7 U.S.C. 449a(1)),
which establishes a code of fair trading practices for the benefit of
growers, shippers, distributors, retailers, and others. The PACA is a
remedial statute, designed to protect those who deal in perishable
agricultural commodities from unfair and fraudulent practices. The USDA
enforces PACA through a licensing system. The PACA implementing
regulations, set forth in 7 CFR subchapter B, part 46, require
perishable agricultural commodity grocery wholesalers, retailers,
commission merchants, processors, brokers, and truckers under specified
circumstances,\4\ to obtain a PACA license. Those agricultural
transporters subject to PACA requirements are also subject to the
Federal Motor Carrier Safety Regulations (FMCSRs), including HOS
regulations.
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\4\ Under 7 CFR 46.2(gg)(3), ``trucker/dealer'' is ``a branch or
additional business facility'' subject to the PACA licensing
requirement if ``the driver is authorized to buy, sell, or otherwise
contract for commodities on behalf of the firm.''
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The PACA defines ``perishable agricultural commodity'' as ``any of
the following, whether or not frozen or packed in ice: Fresh fruits and
fresh vegetables of every kind and character. . .'' (7 U.S.C.
499a(b)(4)(A)). The PACA regulations state that the term ``fresh fruits
and vegetables'' ``does not include those perishable fruits and
vegetables which have been manufactured into articles of food of a
different kind or character'' (7 CFR 46.2(u)).
To avoid confusion for both transporters of agricultural
commodities and enforcement personnel, FMCSA is considering whether it
would be feasible and desirable to revise the definition of
``agricultural commodity'' in Sec. 395.2 to make the term more
compatible with applicable USDA rules and practice. The Agency notes,
however, that any revisions to its definition of ``agricultural
commodity'' must remain consistent with statutory intent to allow an
exemption tailored to the needs of a specific segment of CMV drivers--
those transporting agricultural commodities ``during planting and
harvesting periods, as determined by each State.'' One possible
implication of that restriction is that the exemption should apply to
commodities subject to relatively short-term perishability.
Accordingly, to the extent that PACA's definition of ``agricultural
commodity'' includes ``frozen'' fruits and vegetables, it is
inconsistent with FMCSA's definition of the term. The Agency concludes
that, because frozen fruits and vegetables are processed and packaged,
Congress did not intend to include frozen commodities within the scope
of the definition as codified in Sec. 395.2. On the other hand, there
may be many non-frozen fruits and vegetables that fall within the scope
of both FMCSA's definition of ``agricultural commodity'' and USDA's
definition of ``fresh fruits and vegetables'' set forth in 7 CFR
46.2(u). One approach might be for FMCSA to cross-reference or
otherwise incorporate applicable PACA or other USDA definitions or
interpretations, many of which are already familiar to some
transporters of agricultural commodities. The Agency requests feedback
on this approach, particularly from stakeholders subject to regulation
by both USDA and FMCSA. The Agency would also like to know whether
enforcement officials would find helpful cross-references to, or
incorporation of, specified USDA rules and practices.
C. Definition of ``Livestock''
Finally, the Agency is aware that some stakeholders believe the
current definition of ``livestock,'' as set forth in Sec. 395.2, is
incomplete. For example, transporters of animals not currently included
in the definition have argued that they should be eligible for the HOS
exemption in Sec. 395.1(k)(1) because such animals are subject to
risks to health and safety in transit as are cattle, sheep, swine, and
other ``covered'' animals. FMCSA notes that the NHS Designation Act's
definition of ``agricultural commodity,'' as discussed above, includes,
but is not limited to, livestock as defined in the Emergency Livestock
Feed Assistance Act of 1988. The Agency solicits comments on whether
the current definition of ``livestock'' in
[[Page 36563]]
Sec. 395.2 should be expanded beyond the animals identified in the
Emergency Livestock Feed Assistance Act (including, for purposes of
this discussion, the animals added by Section 12104 of the Agriculture
Improvement Act of 2018, as discussed above). Another possible approach
would be to adopt a definition of ``livestock'' broad enough to include
all eligible animals, including those covered by the Emergency
Livestock Feed Assistance Act (as amended), without listing them
individually.
V. Questions
FMCSA requests that commenters respond to the questions below, but
the Agency also welcomes comments or questions on any other issues
related to the definitions of ``agricultural commodity'' and
``livestock'' as those terms are used in Sec. 395.1(k)(1). Please
provide specific examples and, to the extent practicable, quantitative
or qualitative data to support your answers.
1. The statute and regulation define a term with the same term:
``Agricultural commodity means ``any agricultural commodity . . . .''
Does that lack of detail cause compliance or enforcement problems?
Should FMCSA consider adopting a list of specific agricultural
commodities, or clarify its current approach utilizing the more general
definition? If you wish to suggest that specific commodities (e.g., sod
or other types of horticulture) be included in the definition, please
explain how they fit within the statutory definition, and provide
information about the average and maximum transportation times and the
extent to which the commodities are perishable.
2. Should FMCSA define or otherwise clarify the term ``non-
processed,'' as applied in the definition of ``agricultural
commodity?'' If so, given the context of harvesting and planting
seasons referenced in the applicable statute, how should that term be
defined? Please provide examples of ``non-processed'' agricultural
commodities that should be included and discuss the distinction between
``processed'' and ``non-processed.''
3. Would clarification or definition of other terms used in the
definition of ``agricultural commodity,'' such as ``food,'' ``feed,''
or ``fiber,'' be helpful? Please provide recommendations and data to
support your suggested definition.
4. Should the definition of ``livestock'' be revised to include
aquatic animals in addition to live fish and crawfish? Please provide
data to support your answer, such as how far aquatic animals are
typically transported and why you believe the HOS exemption would be
appropriate for the transportation of specific aquatic animals.
5. Is the list of animals in the definition of ``livestock'' in
Sec. 395.2 adequate? As noted above, the Agency intends to add llamas,
alpacas, live fish, and crawfish to the definition, consistent with
Agricultural Improvement Act of 2018 amendment to the Emergency
Livestock Feed Assistance Act of 1988. Should other animal species be
included? Please provide data on the average and maximum transportation
times for additional livestock you believe should be included in the
definition of ``livestock'' in Sec. 395.2 and the impacts of longer
transportation times.
6. Are there cost or safety implications of adding specific
agricultural commodities or livestock to the current definitions of
``agricultural commodity'' and ``livestock''? Please provide data to
support your answer.
7. Are there benefits of adding specific agricultural commodities
or livestock to the current definitions of ``agricultural commodity''
and ``livestock''? Please provide data to support your answer.
8. USDA regulations define ``agricultural commodity'' in a variety
of ways, depending on the underlying statutory authority and regulatory
purpose. For transporters of agricultural commodities subject to both
USDA and FMCSA regulations, what are the practical implications of not
having consistent definitions of that term? Should FMCSA adopt or
cross-reference any of the definitions applied by USDA, to the extent
they are compatible with the statutory definitions of ``agricultural
commodity'' and ``livestock'' incorporated in Sec. 395.2?
9. If the definitions of ``agricultural commodity'' or
``livestock'' in Sec. 395.2 were more consistent with applicable USDA
definitions of the terms, would use of the definition for purposes of
Sec. 395.1(k)(1) result in cost or benefit impacts to CMV drivers who
transport such commodities, the motor carriers who employ them, growers
or distributors of those commodities, or enforcement personnel? Please
provide data to support your answer.
10. Are motor carriers being exposed to financial liability in
situations where their drivers complied with HOS regulations and (1)
the receiver refused delivery because the shipment did not meet
contract specifications requiring the driver to deliver to an
alternative location; and/or (2) the freight claim was not paid or was
reduced because the grade standard of quality and condition, or
temperature at destination, was not acceptable due to the driver's
compliance with HOS regulations; (3) the receiver refused delivery
because the shipment was late due to the driver's compliance with HOS
regulations; (4) the receiver made the driver wait to unload because
the shipment was late and charged a late delivery fee due to the
driver's compliance with HOS regulations?
11. Do you believe ambiguities in the current definition of the
terms ``agricultural commodity'' or livestock,'' as applied to the HOS
exemption in Sec. 395.1(k)(1), impact highway safety? If so, how?
Issued under the authority of delegation in 49 CFR 1.87.
Dated: July 23, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-15960 Filed 7-26-19; 8:45 am]
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