82 FR 50358 - Hours of Service of Drivers: Application for Exemption; National Pork Producers Council (NPPC)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 209 (October 31, 2017)

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.

[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Proposed Rules]
[Pages 50358-50359]
From the Federal Register Online  [www.thefederalregister.org]
[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: [email protected]. 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