82 FR 60323 - Hours of Service; Electronic Logging Devices; Limited 90-Day Waiver for the Transportation of Agricultural Commodities

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range		60323-60325
FR Document		2017-27311

FMCSA grants a limited 90-day waiver from the Federal hours- of-service (HOS) regulations pertaining to electronic logging devices (ELDs) for the transportation of agricultural commodities as defined in the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency takes this action in response to a waiver request from the National Pork Producers Council (NPPC) on behalf of eight organizations representing transporters of livestock and other agricultural commodities, as defined in the FMCSRs. The Agency has determined that the waiver is in the public interest and would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. The waiver will also through notice and public comment, provide FMCSA with time to consider certain exemption applications from segments of the agricultural industry concerning the use of ELDs to document drivers' hours of service and clarify applicability of the requirements and the need for certain carriers to begin using ELDs by the December 18, 2017, deadline.

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)

[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60323-60325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27311]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395


Hours of Service; Electronic Logging Devices; Limited 90-Day 
Waiver for the Transportation of Agricultural Commodities

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notification; grant of waiver.

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SUMMARY: FMCSA grants a limited 90-day waiver from the Federal hours-
of-service (HOS) regulations pertaining to electronic logging devices 
(ELDs) for the transportation of agricultural commodities as defined in 
the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency takes 
this action in response to a waiver request from the National Pork 
Producers Council (NPPC) on behalf of eight organizations representing 
transporters of livestock and other agricultural commodities, as 
defined in the FMCSRs. The Agency has determined that the waiver is in 
the public interest and would likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption, based on the terms and conditions imposed. The waiver 
will also through notice and public comment, provide FMCSA with time to 
consider certain exemption applications from segments of the 
agricultural industry concerning the use of ELDs to document drivers' 
hours of service and clarify applicability of the requirements and the 
need for certain carriers to begin using ELDs by the December 18, 2017, 
deadline.

DATES: This waiver is applicable beginning December 18, 2017, and 
expires on March 18, 2018.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave. SE, Washington, DC 20590. Email: [email protected]. Phone: 
(614) 942-6477.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Transportation Equity Act for the 21st Century (TEA-21) (Pub. 
L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of 
Transportation (the Secretary) the authority to grant waivers from any 
of the FMCSRs issued under Chapter 313 of Title 49 of the United States 
Code or 49 U.S.C. 31136, to a person(s) seeking regulatory relief. (49 
U.S.C. 31136(e), 31315(a)). The Secretary must make a determination 
that the waiver is in the public interest, and that it is likely to 
achieve a level of safety that is equivalent to, or greater than, the 
level of safety that would be obtained in the absence of the waiver. 
Individual waivers may be granted only for a specific unique, non-
emergency event, for a period up to three months. TEA-21 authorizes the 
Secretary to grant waivers without requesting public comment, and 
without providing public notice.
    The Administrator of FMCSA has been delegated authority under 49 
CFR 1.87(e) to carry out the functions vested in the Secretary by 49 
U.S.C. chapter 311, subchapters I and III, relating to commercial motor 
vehicle programs and safety regulation.

Background

    The FMCSA received an application for an exemption and waiver from 
the NPPC on behalf of eight organizations that represent transporters 
of livestock and other agricultural commodities. Notice of the request 
for 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), was 
published in the Federal Register on October 31, 2017 (82 FR 50358). 
Comments to that document were due by November 30, 2017 
(www.regulations.gov, Docket FMCSA-2017-0297).
    The NPPC focused on the impact of the ELD requirement on its 
members, given unique aspects of its industry, including ``exposed 
incompatibilities between the HOS rules and the . . . industry . . . 
causing disruption . . . and endangering the health and welfare of . . 
. animals transported . . .''
    FMCSA has also received from the Agricultural Retailers Association 
(ARA) an exemption, waiver, and petition document dated October 25, 
2017, requesting that transporters of agricultural commodities and farm 
supplies not be required to use ELDs during an exemption period. That 
exemption request has not yet been published for comment. While this 
waiver is issued in response to the application submitted by the NPPC, 
it also applies to other eligible motor carriers, including ARA 
members, to the extent they are handling agricultural commodities as 
defined under 49 CFR 395.2, as discussed in the Terms and Conditions of 
the Waiver section below.
    In addition to NPPC's request, FMCSA received numerous inquiries 
from parties involved in the transport of agricultural commodities 
about the correct application of the HOS agricultural exception in 49 
CFR 395.1(k)(1), leading to an ongoing review of the exception. FMCSA 
is considering providing new guidance on the agricultural exception in 
the near future.

Safety Determination

    In an October 6, 2010, Federal Register document (75 FR 61626), 
FMCSA granted a limited 90-day waiver from the HOS requirements for the

[[Page 60324]]

distribution of an agricultural supply--anhydrous ammonia. At that 
time, the Agency compared safety performance data for agricultural 
carriers then operating under the statutory HOS agricultural exception 
in 49 CFR 395.1(k) to non-agricultural carriers that were not exempt 
from HOS regulations to determine whether the waiver would be likely to 
achieve a level of safety that is equivalent to, or greater than, the 
level of safety that would be obtained in the absence of the waiver. 
The data were collected as part of a study, ``Agricultural Commodity 
and Utility Carriers Hours of Service Exemption Analysis.'' The final 
report from the study is available online.\1\
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    \1\ https://ntlrepository.blob.core.windows.net/lib/42000/42700/42776/FMCSA-RRA-10-048.pdf.
---------------------------------------------------------------------------

    The study was conducted in two phases. Phase 1 compared the safety 
performance of agricultural and non-agricultural carriers for the 
period 2005 through 2008, and also examined two additional industries, 
livestock and utility carriers, whose operations were not exempt from 
HOS regulations prior to the passage of SAFETEA-LU. The Phase 1 
analysis used carrier registration, inspection and crash data from 
FMCSA's Motor Carrier Management Information System (MCMIS). The study 
used cargo classification information on the FMCSA Motor Carrier 
Identification Report (Form MCS-150) \2\ in MCMIS to identify the 
carrier's industry group (agricultural, livestock, or utility carrier), 
and used MCS-150 information to identify carriers operating within and 
beyond a 100-air-mile radius. The operating radius information was used 
to create two agricultural carrier subgroups: (1) Agricultural carriers 
with 100 percent of drivers operating within a 100-air-mile radius; and 
(2) agricultural carriers with 100 percent of drivers operating beyond 
a 100-air-mile radius. The analysis used the first subgroup as 
representative of agricultural carriers exempt from the HOS 
requirements, and the second subgroup as representative of agricultural 
carriers not exempt from the HOS requirements.
---------------------------------------------------------------------------

    \2\ This registration form has subsequently been replaced with 
Form MCSA-1.
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    For the Phase 2 analysis, inspection data of agricultural commodity 
and utility carriers (which are also exempt from HOS regulations) were 
collected during an FMCSA special study of a sample of States. These 
data included only those inspections occurring during the States' 
planting and harvesting seasons and indicated both the commodity being 
transported and whether the driver was operating within or beyond the 
100-air-mile radius exempt from HOS regulations. The Phase 2 analysis 
assessed the safety performance of the HOS exempt agricultural 
commodity and utility service carriers identified in the survey in 
comparison with non-HOS exempt carriers based on their out of service 
(OOS) violation rates and crash rates.
    For the purposes of considering whether to issue a limited waiver, 
FMCSA focused on the crash rate data from the study. The Agency placed 
less emphasis on the out-of-service (OOS) rates because there were no 
HOS violation data to consider given that the agricultural carriers for 
which data were available were operating under a statutory exemption 
from the HOS rule. Differences between the OOS rates for other issues 
such as driver qualifications and vehicle defects and deficiencies, 
while important in considering overall safety management controls of 
the carriers, were not necessarily related to the potential safety 
impact of the waiver.
    The Phase 1 analysis indicated that nationally, agricultural 
carriers operating within a 100-air-mile radius had lower crash rates 
per 100 power units than those operating beyond this radius, except in 
2008, when there was no difference in the crash rates.
    To provide additional validation of the crash analysis, which uses 
power unit data reported on the Form MCS-150, a separate analysis was 
performed using data only for carriers domiciled in States 
participating in the Performance and Registration Information Systems 
Management (PRISM) program that enforces MCS-150 updating. PRISM links 
State motor vehicle registration systems with carrier safety data in 
order to identify unsafe commercial motor carriers. The PRISM State 
carriers are required to update their MCS-150 annually. By contrast, 
non-PRISM State carriers are required by FMCSA to update their MCS-150 
biennially. As a result, the PRISM State data are considered more 
current and reliable than non-PRISM State data where there is no direct 
implication for not updating the data. Data from PRISM States that 
enforce MCS-150 updating show that agricultural carriers operating 
within a 100-air-mile radius had more varied results, with crash rates 
higher than carriers operating beyond a 100-air-mile radius in 2008, 
lower in 2006 and 2007, and nearly the same in 2005.
    The Phase 2 analysis indicated that in the four States 
participating in the survey (ID, KS, MD, MI), agricultural carriers 
that were subject to the HOS requirements had higher crash rates per 
100 power units than agricultural carriers exempt from the HOS 
requirements.
    Although this study was conducted in 2010 and relied upon data from 
2005 through 2008, FMCSA has no reason to believe that the conclusions 
would be different if updated using more recent data. Although these 
studies did not focus on benefits achieved by use of ELDS, given the 
limited population of motor carriers affected by the waiver and the 
brief period of time a waiver is in effect, FMCSA believes that the 
level of safety maintained by haulers of agricultural commodities will 
be equivalent to the safety of operations that would be obtained absent 
the granting of a waiver. Furthermore, the Agency believes the sense of 
urgency in this matter requires a decision based on the best available 
data, albeit dated, rather than delaying a decision until a new study 
can be conducted.

FMCSA Determination

    Considering the above study, the ongoing review of the HOS 
agricultural commodities exception, and the pending exemption request 
from NPPC, FMCSA has determined that it is in the public interest to 
provide a limited waiver from the use of ELDs for interstate motor 
carriers engaged in the transportation of agricultural commodities as 
defined in 49 CFR 395.2. This waiver will allow FMCSA time to evaluate 
the HOS exception applicable to the transport of agricultural 
commodities and review the concerns unique to the agricultural industry 
identified by NPPC and others. FMCSA grants the waiver requested by 
NPPC, but also extends it to all motor carriers transporting an 
agricultural commodity.

Terms and Conditions of the Waiver

    (1) Duration of the waiver. This waiver is applicable December 18, 
2017, through March 18, 2018.
    (2) Motor carriers transporting agricultural commodities under the 
provisions of 49 CFR 395.1(k)(1), are exempt from the ELD requirements 
in 49 CFR 395.8(a) during the period of this waiver, regardless of the 
distance traveled.
    (3) Carriers operating under this waiver must comply with all other 
applicable requirements of the Federal Motor Carrier Safety Regulations 
(49 CFR parts 390 through 399), including the preparation of records of 
duty status (RODS) for operations which are currently considered to be 
subject to the HOS rules and the record retention requirements 
associated with those RODs and supporting documents.

[[Page 60325]]

    (4) Motor carriers operating under this waiver must have a 
``satisfactory'' safety rating from FMCSA or be unrated; motor carriers 
with ``conditional'' or ``unsatisfactory'' safety ratings are 
prohibited from taking advantage of the waiver.
    (5) Drivers operating under this waiver must carry a copy of this 
Federal Register notification and present it to motor carrier safety 
enforcement officials upon request.
    (6) Crash Notification to FMCSA
    Carriers operating under this waiver must notify FMCSA within 5 
business days of any accident (as defined in 49 CFR 390.5), involving 
any of the motor carrier's drivers operating under the terms of this 
waiver. The notification must include the following information:
    (a) Identity of Waiver: ``AG''
    (b) Date of the accident,
    (c) City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    (d) Driver's name and license number,
    (e) Co-driver's name and license number (if applicable),
    (f) Vehicle number and State license number,
    (g) Number of individuals suffering physical injury,
    (h) Number of fatalities,
    (i) The police-reported cause of the accident,
    (j) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    (k) The total driving time and total on-duty time period prior to 
the accident.
    Accident notifications must be emailed to [email protected].

Safety Considerations

    Considering the limited period of this waiver and that it does not 
alter any of the HOS regulations other than the method of recording 
HOS, and the Agency's previous review of data concerning the safety 
performance of motor carriers engaged in the transportation of 
agricultural commodities, the Agency has determined that the waiver 
from the ELD requirements for 90 days is likely achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by the current regulation.
    FMCSA expects that any drivers and their employing motor carrier 
operating under the terms and conditions of the exemption will maintain 
their safety record. Should any safety problems be discovered, however, 
FMCSA will take all steps necessary to protect the public interest. Use 
of this waiver is voluntary, and FMCSA will immediately revoke the 
waiver for any interstate driver or motor carrier for failure to comply 
with the terms and conditions of the waiver.

Preemption of State Requirements

    Consistent with 49 U.S.C. 31315(d), this waiver preempts 
inconsistent State or local requirements applicable to interstate 
commerce.

    Issued on: December 13, 2017.
 Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2017-27311 Filed 12-19-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations 60323

Final Supplementary Rules for Guffey SUMMARY: FMCSA grants a limited 90- The Administrator of FMCSA has
Gorge day waiver from the Federal hours-of- been delegated authority under 49 CFR
Prohibited Acts service (HOS) regulations pertaining to 1.87(e) to carry out the functions vested
electronic logging devices (ELDs) for the in the Secretary by 49 U.S.C. chapter
Unless otherwise authorized, the transportation of agricultural 311, subchapters I and III, relating to
following acts are prohibited on all commodities as defined in the Federal commercial motor vehicle programs and
public lands, roads, trails, and Motor Carrier Safety Regulations safety regulation.
waterways administered by the BLM (FMCSRs). The Agency takes this action
within the Guffey Gorge Management Background
in response to a waiver request from the
Area: National Pork Producers Council The FMCSA received an application
1. You must not possess or consume (NPPC) on behalf of eight organizations for an exemption and waiver from the
alcoholic beverages; representing transporters of livestock NPPC on behalf of eight organizations
2. You must not park a motor vehicle and other agricultural commodities, as that represent transporters of livestock
outside of designated parking areas; defined in the FMCSRs. The Agency has and other agricultural commodities.
3. You must not bring an animal into determined that the waiver is in the Notice of the request for exemption from
the area, unless the animal is on a leash public interest and would likely achieve the requirement that a motor carrier
not longer than six feet and secured to a level of safety that is equivalent to, or require each of its drivers to use an
a fixed object or under control of a greater than, the level that would be electronic logging device (ELD) no later
person, or is otherwise physically achieved absent such exemption, based than December 18, 2017, to record the
restricted at all times; and on the terms and conditions imposed. driver’s hours-of-service (HOS), was
4. You must not operate any device The waiver will also through notice and published in the Federal Register on
producing amplified sound such as a public comment, provide FMCSA with October 31, 2017 (82 FR 50358).
stereo, speaker, public address system, time to consider certain exemption Comments to that document were due
or other similar device. applications from segments of the by November 30, 2017
agricultural industry concerning the use (www.regulations.gov, Docket FMCSA–
Exemptions 2017–0297).
of ELDs to document drivers’ hours of
The following persons are exempt service and clarify applicability of the The NPPC focused on the impact of
from these supplementary rules: Any requirements and the need for certain the ELD requirement on its members,
Federal, State, local and/or military carriers to begin using ELDs by the given unique aspects of its industry,
persons acting within the scope of their December 18, 2017, deadline. including ‘‘exposed incompatibilities
duties; members of any organized rescue DATES: This waiver is applicable
between the HOS rules and the . . .
or fire-fighting force in performance of beginning December 18, 2017, and industry . . . causing disruption . . .
an official duty; or individuals expressly expires on March 18, 2018. and endangering the health and welfare
authorized by the BLM. of . . . animals transported . . .’’
FOR FURTHER INFORMATION CONTACT:
FMCSA has also received from the
Enforcement Thomas L. Yager, Chief, Driver and Agricultural Retailers Association
Carrier Operations Division, Office of (ARA) an exemption, waiver, and
Any person who violates any of these
Bus and Truck Standards and petition document dated October 25,
supplementary rules may be tried before
Operations, Federal Motor Carrier Safety 2017, requesting that transporters of
a United States Magistrate and fined in
Administration, 1200 New Jersey Ave. agricultural commodities and farm
accordance with 18 U.S.C. 3571,
SE, Washington, DC 20590. Email: supplies not be required to use ELDs
imprisoned no more than 12 months
MCPSD@dot.gov. Phone: (614) 942– during an exemption period. That
under 43 U.S.C. 1733(a) and 43 CFR
6477. exemption request has not yet been
8360.0–7, or both. In accordance with
43 CFR 8365.1–7, State or local officials SUPPLEMENTARY INFORMATION: published for comment. While this
may also impose penalties for violations Legal Basis waiver is issued in response to the
of Colorado law. application submitted by the NPPC, it
The Transportation Equity Act for the also applies to other eligible motor
Gregory P. Shoop, 21st Century (TEA–21) (Pub. L. 105– carriers, including ARA members, to the
Acting BLM Colorado State Director. 178, 112 Stat. 107, June 9, 1998) extent they are handling agricultural
[FR Doc. 2017–27413 Filed 12–19–17; 8:45 am] provides the Secretary of Transportation commodities as defined under 49 CFR
BILLING CODE 4310–JB–P (the Secretary) the authority to grant 395.2, as discussed in the Terms and
waivers from any of the FMCSRs issued Conditions of the Waiver section below.
under Chapter 313 of Title 49 of the In addition to NPPC’s request,
United States Code or 49 U.S.C. 31136, FMCSA received numerous inquiries
DEPARTMENT OF TRANSPORTATION to a person(s) seeking regulatory relief. from parties involved in the transport of
(49 U.S.C. 31136(e), 31315(a)). The agricultural commodities about the
Federal Motor Carrier Safety Secretary must make a determination correct application of the HOS
Administration that the waiver is in the public interest, agricultural exception in 49 CFR
and that it is likely to achieve a level of 395.1(k)(1), leading to an ongoing
49 CFR Part 395 safety that is equivalent to, or greater review of the exception. FMCSA is
than, the level of safety that would be considering providing new guidance on
Hours of Service; Electronic Logging obtained in the absence of the waiver. the agricultural exception in the near
Devices; Limited 90-Day Waiver for the Individual waivers may be granted only
ethrower on DSK3G9T082PROD with RULES

future.
Transportation of Agricultural for a specific unique, non-emergency
Commodities event, for a period up to three months. Safety Determination
AGENCY: Federal Motor Carrier Safety TEA–21 authorizes the Secretary to In an October 6, 2010, Federal
Administration (FMCSA), DOT. grant waivers without requesting public Register document (75 FR 61626),
comment, and without providing public FMCSA granted a limited 90-day waiver
ACTION: Notification; grant of waiver.
notice. from the HOS requirements for the

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60324 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations

distribution of an agricultural supply— whether the driver was operating within 100 power units than agricultural
anhydrous ammonia. At that time, the or beyond the 100-air-mile radius carriers exempt from the HOS
Agency compared safety performance exempt from HOS regulations. The requirements.
data for agricultural carriers then Phase 2 analysis assessed the safety Although this study was conducted in
operating under the statutory HOS performance of the HOS exempt 2010 and relied upon data from 2005
agricultural exception in 49 CFR agricultural commodity and utility through 2008, FMCSA has no reason to
395.1(k) to non-agricultural carriers that service carriers identified in the survey believe that the conclusions would be
were not exempt from HOS regulations in comparison with non-HOS exempt different if updated using more recent
to determine whether the waiver would carriers based on their out of service data. Although these studies did not
be likely to achieve a level of safety that (OOS) violation rates and crash rates. focus on benefits achieved by use of
is equivalent to, or greater than, the For the purposes of considering ELDS, given the limited population of
level of safety that would be obtained in whether to issue a limited waiver, motor carriers affected by the waiver
the absence of the waiver. The data were FMCSA focused on the crash rate data and the brief period of time a waiver is
collected as part of a study, from the study. The Agency placed less in effect, FMCSA believes that the level
‘‘Agricultural Commodity and Utility emphasis on the out-of-service (OOS) of safety maintained by haulers of
Carriers Hours of Service Exemption rates because there were no HOS agricultural commodities will be
Analysis.’’ The final report from the violation data to consider given that the equivalent to the safety of operations
study is available online.1 agricultural carriers for which data were that would be obtained absent the
The study was conducted in two available were operating under a granting of a waiver. Furthermore, the
phases. Phase 1 compared the safety statutory exemption from the HOS rule. Agency believes the sense of urgency in
performance of agricultural and non- Differences between the OOS rates for this matter requires a decision based on
agricultural carriers for the period 2005 other issues such as driver the best available data, albeit dated,
through 2008, and also examined two qualifications and vehicle defects and rather than delaying a decision until a
additional industries, livestock and deficiencies, while important in new study can be conducted.
utility carriers, whose operations were considering overall safety management
controls of the carriers, were not FMCSA Determination
not exempt from HOS regulations prior
to the passage of SAFETEA–LU. The necessarily related to the potential Considering the above study, the
Phase 1 analysis used carrier safety impact of the waiver. ongoing review of the HOS agricultural
registration, inspection and crash data The Phase 1 analysis indicated that commodities exception, and the
from FMCSA’s Motor Carrier nationally, agricultural carriers pending exemption request from NPPC,
Management Information System operating within a 100-air-mile radius FMCSA has determined that it is in the
(MCMIS). The study used cargo had lower crash rates per 100 power public interest to provide a limited
classification information on the units than those operating beyond this waiver from the use of ELDs for
FMCSA Motor Carrier Identification radius, except in 2008, when there was interstate motor carriers engaged in the
Report (Form MCS–150) 2 in MCMIS to no difference in the crash rates. transportation of agricultural
identify the carrier’s industry group To provide additional validation of commodities as defined in 49 CFR
(agricultural, livestock, or utility the crash analysis, which uses power 395.2. This waiver will allow FMCSA
carrier), and used MCS–150 information unit data reported on the Form MCS– time to evaluate the HOS exception
to identify carriers operating within and 150, a separate analysis was performed applicable to the transport of
beyond a 100-air-mile radius. The using data only for carriers domiciled in agricultural commodities and review the
operating radius information was used States participating in the Performance concerns unique to the agricultural
and Registration Information Systems industry identified by NPPC and others.
to create two agricultural carrier
Management (PRISM) program that FMCSA grants the waiver requested by
subgroups: (1) Agricultural carriers with
enforces MCS–150 updating. PRISM NPPC, but also extends it to all motor
100 percent of drivers operating within
links State motor vehicle registration carriers transporting an agricultural
a 100-air-mile radius; and (2)
systems with carrier safety data in order commodity.
agricultural carriers with 100 percent of
to identify unsafe commercial motor
drivers operating beyond a 100-air-mile Terms and Conditions of the Waiver
carriers. The PRISM State carriers are
radius. The analysis used the first
required to update their MCS–150 (1) Duration of the waiver. This
subgroup as representative of
annually. By contrast, non-PRISM State waiver is applicable December 18, 2017,
agricultural carriers exempt from the
carriers are required by FMCSA to through March 18, 2018.
HOS requirements, and the second update their MCS–150 biennially. As a (2) Motor carriers transporting
subgroup as representative of result, the PRISM State data are agricultural commodities under the
agricultural carriers not exempt from the considered more current and reliable provisions of 49 CFR 395.1(k)(1), are
HOS requirements. than non-PRISM State data where there exempt from the ELD requirements in
For the Phase 2 analysis, inspection
is no direct implication for not updating 49 CFR 395.8(a) during the period of
data of agricultural commodity and
the data. Data from PRISM States that this waiver, regardless of the distance
utility carriers (which are also exempt
enforce MCS–150 updating show that traveled.
from HOS regulations) were collected (3) Carriers operating under this
agricultural carriers operating within a
during an FMCSA special study of a waiver must comply with all other
100-air-mile radius had more varied
sample of States. These data included applicable requirements of the Federal
results, with crash rates higher than
only those inspections occurring during Motor Carrier Safety Regulations (49
carriers operating beyond a 100-air-mile
the States’ planting and harvesting CFR parts 390 through 399), including
ethrower on DSK3G9T082PROD with RULES

radius in 2008, lower in 2006 and 2007,
seasons and indicated both the the preparation of records of duty status
and nearly the same in 2005.
commodity being transported and The Phase 2 analysis indicated that in (RODS) for operations which are
1 https://ntlrepository.blob.core.windows.net/lib/
the four States participating in the currently considered to be subject to the
42000/42700/42776/FMCSA-RRA-10-048.pdf. survey (ID, KS, MD, MI), agricultural HOS rules and the record retention
2 This registration form has subsequently been carriers that were subject to the HOS requirements associated with those
replaced with Form MCSA–1. requirements had higher crash rates per RODs and supporting documents.

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Document Created: 2018-10-25 10:57:51
Document Modified: 2018-10-25 10:57:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification; grant of waiver.
Dates		This waiver is applicable beginning December 18, 2017, and expires on March 18, 2018.
Contact		Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: [email protected] Phone: (614) 942-6477.
FR Citation		82 FR 60323

82 FR 60323 - Hours of Service; Electronic Logging Devices; Limited 90-Day Waiver for the Transportation of Agricultural Commodities

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 243 (December 20, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration