Hours of Service of Drivers: National Pork Producers Council; Granting of Application for Exemption, 33634-33638 [2014-13628]
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on the market that meets the FHWA’s
Buy America requirement to have all its
iron and steel be manufactured
exclusively in the U.S. For example, the
Chevrolet Volt, which was identified by
many commenters in a November 21,
2011, Federal Register Notice (76 FR
72027) as a car that is made in the U.S.,
is comprised of only 45 percent of U.S.
and Canadian content according to the
National Highway Traffic Safety
Administration’s Part 583 American
Automobile Labeling Act Report
Web page (https://
www.nhtsa.gov/Laws+&+Regulations/
Part+583+American+Automobile+
Labeling+Act+(AALA)+Reports).
Moreover, there is no indication of how
much of this 45 percent content is U.S.manufactured (from initial melting and
mixing) iron and steel content.
In accordance with Division A,
section 122 of the Consolidated and
Further Continuing Appropriations Act
of 2012 (Public Law (Pub. L.) 112–284),
FHWA published a notice of intent to
issue a waiver on its Web site at (https://
www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=95) on March
3. The FHWA received 16 comments in
response to the publication. Eight
commenters supported granting a
waiver. Two supported the waiver only
when certain conditions are met: One
suggested that a maximum 15 percent of
the components should be allowed and
the other stated that at least 60 percent
of the contents should be domestic. Two
other commenters provided general
statements that U.S. tax dollars should
go toward domestic labor and materials
that help create jobs. Four commenters
objected to the waiver.
Based on FHWA’s conclusion that
there are no domestic manufacturers
that can produce the vehicles and
vehicle components identified in this
notice in such a way that all its steel and
iron elements are manufactured
domestically, and after consideration of
the comments received, FHWA finds
that application of the FHWA’s Buy
America requirements to these products
is inconsistent with the public interest
(23 U.S.C. 313(b)(1) and 23 CFR
635.410(c)(2)(i)). However, FHWA
believes that it is in the public interest
and consistent with the Buy America
requirements to impose the condition
that the vehicles and the vehicle
components be assembled in the U.S.
Requiring final assembly to be
performed in the U.S. is consistent with
past guidance to the FHWA Division
Offices on manufactured products (see
Memorandum on Buy America Policy
Response, Dec. 22, 1997, (https://
www.fhwa.dot.gov/programadmin/
contracts/122297.cfm). A waiver of the
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Buy America requirement without any
regard to where the vehicle is assembled
would diminish the purpose of the Buy
America requirement. Moreover, in
today’s economic environment, the Buy
America requirement is especially
significant in that it will ensure that
Federal Highway Trust Fund dollars are
used to support and create jobs in the
U.S. This approach is similar to the
partial waivers previously given for
various vehicle projects. Thus, so long
as the final assembly of the 73 vehicle
projects (including sedans, vans,
pickups, SUVs, trucks, buses, street
sweepers, and tractors) and vehicle
components (such as exhaust controls
and auxiliary power units) occurs in the
U.S., applicants to this waiver request
may proceed to purchase these vehicles
and equipment consistent with the Buy
America requirement.
In accordance with the provisions of
section 117 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Technical
Corrections Act of 2008 (Pub. L. 110–
244), FHWA is providing this notice of
its finding that a public interest waiver
of Buy America requirements is
appropriate on the condition that the
vehicles and vehicle components
identified in the notice be assembled in
the U.S. The FHWA invites public
comment on this finding for an
additional 15 days following the
effective date of the finding. Comments
may be submitted to FHWA’s Web site
via the link provided to the waiver page
noted above.
Authority: 23 U.S.C. 313; Pub. L. 110–161,
23 CFR 635.410.
Dated: June 3, 2014.
Gregory G. Nadeau,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2014–13606 Filed 6–10–14; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0283]
Hours of Service of Drivers: National
Pork Producers Council; Granting of
Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
granting of application for exemption.
AGENCY:
FMCSA announces the
granting of a limited one-year
exemption from the 30-minute rest
SUMMARY:
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break provision of the Agency’s hoursof-service (HOS) regulations for
commercial motor vehicle (CMV)
drivers transporting livestock. FMCSA
has analyzed the exemption application
submitted by the National Pork
Producers Council (NPPC) on behalf of
all livestock transporters and the public
comments received in response to the
Agency’s August 12, 2013, notice
announcing the application and
requesting public comment. The Agency
has determined that it is appropriate to
grant a limited one-year exemption to
ensure the well-being of Nation’s
livestock during interstate
transportation by CMV. The exemption,
subject to the terms and conditions
imposed, will achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption. This conclusion is
supported by the real-world experience
of the industry’s operations under the
limited 90-day waiver FMCSA granted
in 2013. This exemption preempts
inconsistent State and local
requirements.
DATES: This exemption is effective June
11, 2014 and expires on June 11, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Carrier, Driver, and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Legal Basis
Section 4007(a) of the Transportation
Equity Act for the 21st Century (TEA–
21) (Pub. L. 105–178, 112 Stat. 107, 401,
June 9, 1998) provided the Secretary of
Transportation (the Secretary) the
authority to grant exemptions from any
of the Federal Motor Carrier Safety
Regulations (FMCSRs) issued under
chapter 313 or section 31136 of title 49
of the United States Code, to a person(s)
seeking regulatory relief (49 U.S.C.
31136, 31315(b)). Prior to granting an
exemption, the Secretary must request
public comment and make a
determination that the exemption 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 exemption. Exemptions
may be granted for a period of up to 2
years and may be renewed.
The FMCSA Administrator has been
delegated authority under 49 CFR
1.87(e)(1) and (f) to carry out the
functions vested in the Secretary by 49
U.S.C. chapter 313 and subchapters I
and III of chapter 311, relating,
respectively, to the commercial driver’s
license program and to commercial
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motor vehicle (CMV) programs and
safety regulation.
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Background Information
On December 27, 2011, FMCSA
published a final rule amending its HOS
regulations for drivers of propertycarrying commercial motor vehicles
(CMVs). The final rule included a new
provision requiring drivers to take a rest
break during the work day under certain
circumstances. Drivers may drive a
CMV only if a period of 8 hours or less
has passed since the end of their last offduty or sleeper-berth period of at least
30 minutes. FMCSA did not specify
when drivers must take the minimum
30-minute break, but the rule requires
that they wait no longer than 8 hours
after the last off-duty or sleeper-berth
period of that length or longer to take
the break. The new requirement took
effect on July 1, 2013.
On August 2, 2013, the U.S. Court of
Appeals for the District of Columbia
Circuit issued its opinion on petitions
for review of the 2011 HOS rule filed by
the American Trucking Associations,
Public Citizen, and others [American
Trucking Associations, Inc., v. Federal
Motor Carrier Safety Administration,
724 F.3d 243 (D.C. Cir. 2013)]. The
Court upheld the 2011 HOS regulations
in all respects except for the 30-minute
break provision as it applies to short
haul drivers.
The Court vacated the rest-break
requirement of 49 CFR 395.3(a)(3)(ii)
with respect to any driver qualified to
operate under either of the ‘‘short haul’’
exceptions outlined in 49 CFR
395.1(e)(1) or (2). Specifically, the
following drivers are no longer subject
to the 30-minute break requirement:
• All drivers (whether they hold a
commercial driver’s license (CDL) or
not) who operate within 100 air-miles of
their normal work reporting location
and satisfy the time limitations and
recordkeeping requirements of 49 CFR
395.1(e)(1), and
• All non-CDL drivers who operate
within a 150 air-mile radius of the
location where the driver reports for
duty and satisfy the time limitations and
recordkeeping requirements of 49 CFR
395.1(e)(2).
On October 28, 2013, the Agency
published a final rule codifying the
court decision (78 FR 64179).
Application for Exemption
On June 19, 2013, the National Pork
Producers Council (NPPC) requested a
limited 90-day waiver and a limited
two-year exemption from the rest-break
requirement for drivers of CMVs
engaged in the transportation of
livestock. A copy of the request is
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included in the docket referenced at the
beginning of this notice.
The NPPC submitted its application
on behalf of itself and the following
organizations:
• Agricultural and Food Transporters
Conference of the American Trucking
Associations;
• American Farm Bureau Federation;
• American Feed Industry
Association;
• American Meat Institute;
• Livestock Marketing Association;
• National Cattlemen’s Beef
Association;
• National Chicken Council;
• National Milk Producers
Federation;
• National Turkey Federation;
• North American Meat Association;
• Professional Rodeo Cowboys
Association; and,
• U.S. Poultry and Egg Association.
The NPPC stated that complying with
the 30-minute rest break rule would
cause livestock producers and their
drivers irreparable harm, place the
health and welfare of the livestock at
risk, and provide no apparent benefit to
public safety, while forcing the livestock
industry and its drivers to choose
between the humane handling of
animals or compliance with the rule.
The NPPC explained that the process
of transporting livestock, whether for
slaughter, transfer of ownership, or
purposes of breeding or simply finding
forage for feed, is a significant concern
to the agricultural industry. The animals
face a variety of stresses including
temperature, humidity, and weather
conditions.
During the summer months, exposure
to heat is one of the greatest concerns in
maintaining the animals’ well-being.
This is especially challenging for the
transportation of pigs because the
animals cannot sweat and are subject to
heat stress. When heat stress occurs, a
pig’s body temperature rises to a level
that it cannot control through its normal
panting mechanisms. Under the
industry’s guidelines, drivers are
directed to avoid stopping in
temperatures greater than 80 degrees.
Drivers are advised to stop only when
animals will be immediately unloaded
or when a safety issue arises. If the
vehicle must be stopped, drivers are
required to stay with the animals and
provide them with water to help keep
them cool.
When temperature and humidity
result in a heat index greater than or
equal to 100 degrees Fahrenheit, cattle
are also placed at significant health risk.
When cattle are stressed under extreme
heat conditions, they are more likely to
become non-ambulatory, sick, and even
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die. Non-ambulatory cattle are banned
from entering the food system. Current
industry guidelines recommend that
drivers avoid stopping, as internal
trailer temperatures will then increase
rapidly because of the loss of airflow
through the trailer and heat production
from the animals.
With regard to transporting livestock
during the winter months, NPPC
described the complications of keeping
the animals warm without having them
potentially overheat when the vehicle is
stopped.
FMCSA analyzed the request and on
July 11, 2013, granted, subject to
specific terms and conditions, a waiver
from the rest break requirement for
drivers transporting livestock. The
waiver ended by its terms on October 9,
2013.
Population of Drivers and Carriers
Engaged in Livestock Transportation
Although NPPC did not provide
information on the number of carriers
and drivers to be included in the
exemption it requested, FMCSA
reviewed its Motor Carrier Management
Information System (MCMIS) to
determine this information. MCMIS
includes the information reported to the
Agency by carriers submitting the Motor
Carrier Identification Report (FMCSA
Form MCS–150), required by 49 CFR
390.19. As of May 13, 2014, MCMIS
listed 66,316 motor carriers that
identified livestock as a type (though
not necessarily the only type) of cargo
they transported. These carriers operate
196,398 vehicles and employ 252,540
drivers. And 130,896 of these drivers
operate within a 100 air-mile radius of
their work-reporting location—a fact
that is important because previous
statutory exemptions provided compete
relief from the HOS requirements for
these drivers. A final rule published on
March 14, 2013, extended the 100 airmile radius previously in effect to 150
air miles (see 49 CFR 395.1(k), 78 FR
16189). Therefore, these 131,000 drivers
would not need the exemption, leaving
fewer than 122,000 drivers likely to
utilize this relief from the 30-minute
rest break provision. Of these, an
unidentified portion may consist of
team drivers, who would not need to
take the required minimum 30-minute
break, even without the exemption.
Public Comments in Response to the
Exemption Application
On August 12, 2013, FMCSA
published notice of the NPPC
application for an exemption and
requested public comment (78 FR
48928). By the closing of the comment
period, twenty-two commenters had
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responded. Twenty of these commenters
supported the application for exemption
and two opposed it.
The two comments opposing the
application were from individuals. One
opposed the 30-minute break rule in
general, and the other questioned how
farmers keep livestock under proper
climate conditions when they are not
being transported. The later indicated
that if one commodity deserved an
exemption, all did.
The 20 comments favoring the
application were submitted by various
parties (mostly trade associations and
livestock carriers) familiar with the
transportation by CMV of various types
of livestock, including cattle, pigs, and
sheep. Several of these commenters
submitted supporting data. In his
comment to the docket, Scott George,
President of the National Cattlemen’s
Beef Association, submitted data from
the Livestock Marketing Information
Center (LMIC). Six sub-agencies of the
U.S. Department of Agriculture are
members of LMIC, including the
Agricultural Marketing Service, the
Animal and Plant Health Inspection
Service, and the Grain Inspection,
Packers and Stockyards Administration.
Many State extension services and land
grant universities are also LMIC
members.
The comments favoring the
application explain the importance of
the safe, timely transportation of
livestock. This transportation originates
in all regions of the U.S. and the
ultimate product is often shipped to
global markets. The comments detail the
various risks to the health and welfare
of livestock being transported that are
inherent in stopping during extreme hot
or cold temperatures. Data in the docket
show that the temperature inside a
stopped livestock trailer can rise rapidly
during hot summer days, and can drop
rapidly on winter days, especially in
windy conditions. Current industry
standards strongly discourage drivers
from stopping a CMV loaded with pigs
when the temperature exceeds 80
degrees. Cattle are affected adversely if
the vehicle stops when the heat and
humidity have raised the heat index to
100 degrees or more.
Substandard transportation of
livestock elevates the risk that the
physical condition of the animals will
deteriorate and that food products
derived from the animals, if they
accidentally remained in the human
food chain, may be unsafe for human
consumption. Comprehensive industry
guidelines governing the safe movement
of livestock have been submitted to the
docket. These guidelines and comments
describe stops of up to 30 minutes as
problematic for many animals, even in
favorable weather. Industry guidelines
encourage drivers of livestock to keep
the CMV moving ‘‘if at all possible.’’ For
most livestock, the driver stopping a
CMV en route is directed to offload the
animals from the vehicle immediately.
However, an appropriate facility for
offloading is often not available. In these
situations, the guidelines recommend
that the stop be as brief as possible.
Some commenters asserted that even
under ideal conditions drivers
transporting livestock should not stop
the CMV for as long as 30 minutes
because the risk of jeopardizing the
health of the animals is too great.
On September 11, 2013, and
November 21, 2013, NPPC submitted
supplemental comments to the docket
for this matter. Although the November
21 submission was outside the comment
period that ended on September 11,
FMCSA determined that it did not differ
in substance from the original
application or the September 11
comments from NPPC, and therefore no
need existed to reopen the comment
period.
FMCSA Response
FMCSA has evaluated NPPC’s
application for exemption, and
reviewed the data, safety analyses, and
public comments submitted.
Stakeholders in this industry have
provided substantial data supporting
this application for exemption, and have
outlined in detail the various risks
associated with stopping a CMV
transporting livestock.
The Agency finds the arguments and
data submitted by commenters
supporting the application to be
persuasive. Stopping a CMV with
livestock on board in extreme weather
conditions can seriously jeopardize the
health and welfare of the animals, even
when the CMV is stopped for as little as
10 minutes. The Agency recognizes that
in many cases it is impractical for
drivers to offload livestock in order to
obtain the 30-minute break required by
49 CFR 395.3(a)(3)(ii).
Analysis of Fatal Crashes Involving
Carriers Transporting Livestock
FMCSA reviewed ‘‘Trucks Involved in
Fatal Accidents Factbook 2008’’
(UMTRI–2011–15, March 2011)
published by the University of Michigan
Transportation Research Institute’s
Center for National Truck and Bus
Statistics to determine the prevalence of
crashes involving the transportation of
livestock. In 2008, there were 4,352
trucks involved in fatal crashes and 20
of those vehicles were transporting live
animals, with 13 of the vehicles
reported as having a livestock cargo
body. There were 13 other vehicles with
an empty livestock cargo body involved
in fatal crashes. Overall, trucks
transporting live animals represent less
than one half of one percent of the
trucks involved in fatal crashes.
The Trucks Involved in Fatal
Accidents (TIFA) report showed that 26
livestock cargo body vehicles, all of
them tractor-semitrailer combinations,
were involved in fatal crashes. Of that
number, 13 livestock vehicles were
transporting live animals at the time of
the crash. Seven instances of vehicles
transporting live animals being involved
in a fatal crash involved CMVs with a
body type reported as something other
than a livestock body, based on the
information above.
About one-third of the 2008 crashes
involving livestock transporters
occurred on trips sufficiently short that
the driver probably was exempt from
the HOS requirements. With the recent
expansion of the HOS exemption from
100 air-miles to 150 air-miles, any
crashes that occur in the future are even
more likely to occur within the exempt
zone.
FATAL TRUCK INVOLVEMENTS BY TRIP TYPE AND LIVESTOCK CARGO BODY TYPE
Cargo body:
livestock,
tractor
combination
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Trip type
Local ...........................................................................................
51–100 ........................................................................................
101–150 ......................................................................................
151–200 ......................................................................................
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Statutory exemption from HOS rules (<150 miles)
3
2
3
3
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Yes.
Yes.
Yes.
No. Drivers may be able to achieve compliance with the 30minute break requirement because of limited distance.
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33637
FATAL TRUCK INVOLVEMENTS BY TRIP TYPE AND LIVESTOCK CARGO BODY TYPE—Continued
Cargo body:
livestock,
tractor
combination
Trip type
201–500 ......................................................................................
>500 miles ..................................................................................
Unknown .....................................................................................
10
4
1
Total .....................................................................................
26
Given the low number of fatal crashes
involving carriers transporting live
animals (e.g., 20 crashes for an industry
sector that currently includes 66,316
active carriers), FMCSA believes there
would be no decrease in safety for the
traveling public associated with an
exemption from the 30-minute rest
break requirement.
FMCSA Determination
In consideration of the above, FMCSA
has determined that it is appropriate to
provide a limited one-year exemption
from the 30-minute break requirement
in the FMCSRs for interstate motor
carriers transporting livestock. A review
of the most recent MCMIS and TIFA
data provides a basis for determining
that a limited exemption, based on the
terms and conditions imposed, would
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.
The Agency has decided to limit the
exemption to a one-year period in order
to gather additional data about the
highway safety of operations under the
exemption. As noted below, carriers
utilizing the exemption will be required
to report any accidents, as defined in 49
CFR 390.5, to FMCSA. The exemption
would be eligible for renewal
consideration at the end of the one-year
period.
Terms and Conditions of the Exemption
Extent of the Exemption
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Statutory exemption from HOS rules (<150 miles)
This exemption is limited to drivers
engaged in the interstate transportation
of livestock by CMV. The exemption
from the 30-minute rest-break
requirement is applicable during the
transportation of livestock and does not
cover the operation of the CMVs after
the livestock are unloaded from the
vehicle.
This exemption is only available to
drivers transporting livestock as defined
in the Emergency Livestock Feed
Assistance Act of 1988, as amended (the
1988 Act) [7 U.S.C. 1471(2)]. The term
‘‘livestock’’ as used in this exemption
means ‘‘cattle, elk, reindeer, bison,
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No.
No.
Unknown.
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 1988
Act].’’
The exemption is further limited to
motor carriers that have a ‘‘satisfactory’’
safety rating or are ‘‘unrated;’’ motor
carriers with ‘‘conditional’’ or
‘‘unsatisfactory’’ safety ratings are
prohibited from utilizing this
exemption.
Safety Rating
Motor carriers that have received
compliance reviews are required to have
a ‘‘satisfactory’’ rating to qualify for this
exemption. The compliance review is an
on-site examination of a motor carrier’s
operations, including records on
drivers’ hours of service, maintenance
and inspection, driver qualification,
commercial driver’s license
requirements, financial responsibility,
accidents, hazardous materials, and
other safety and transportation records
to determine whether a motor carrier
meets the safety fitness standard. The
assignment of a ‘‘satisfactory’’ rating
means the motor carrier has in place
adequate safety management controls to
comply with the Federal safety
regulations, and that the safety
management controls are appropriate for
the size and type of operation of the
motor carrier.
The FMCSA will also allow ‘‘unrated’’
carriers to use the exemption. Unrated
motor carriers are those that have not
received a compliance review. It would
be unfair to exclude such carriers
simply because they were not selected
by for a compliance review, especially
since carriers are prioritized for
compliance reviews on the basis of
known safety deficiencies.
The Agency is not allowing motor
carriers with conditional or
unsatisfactory ratings to participate
because both of those ratings indicate
that the carrier has safety management
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control problems. There is little reason
to believe that carriers rated either
unsatisfactory or conditional could be
relied upon to comply with the terms
and conditions of the exemption.
Accident Reporting
Motor carriers must notify FMCSA by
email addressed to MCPSD@DOT.GOV
with 5 business days of any accident (as
defined in 49 CFR 390.5) that occurs
while its driver is operating under the
terms of this exemption. The
notification must include:
a. Date of the accident,
b. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
c. Driver’s name and license number,
d. Vehicle number and state license
number,
e. Number of individuals suffering
physical injury,
f. Number of fatalities,
g. The police-reported cause of the
accident,
h. Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations, and
i. The total driving time and total onduty time prior to the accident.
Period of the Exemption
FMCSA provides an exemption from
the 30-minute break requirement (49
CFR 395.3(a)(3)(ii)) during the period of
June 11, 2014 through June 11, 2015.
Safety Oversight of Carriers Operating
Under the Exemption
FMCSA expects each motor carrier
operating under the terms and
conditions of this exemption to
maintain its safety record. However,
should safety deteriorate,
FMCSA will, consistent with the
statutory requirements of 49 U.S.C.
31315, take all steps necessary to protect
the public interest. Authorization of the
exemption is discretionary, and FMCSA
will immediately revoke the exemption
of any motor carrier or driver for failure
to comply with the terms and
conditions of the exemption.
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Preemption
During the period the exemption is in
effect, no State may enforce any law or
regulation that conflicts with or is
inconsistent with this exemption with
respect to a person or entity operating
under the exemption [49 U.S.C.
31315(d)].
Issued on: June 6, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–13628 Filed 6–9–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Information Collection Activities:
Submission for the Office of
Management and Budget (OMB)
Review; Request for Comment
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), this notice
announces that the Information
Collection Request (ICR) abstracted
below will be submitted to the Office of
Management and Budget (OMB) for
review. The ICR describes the nature of
the information collection and its
expected burden. A Federal Register
Notice with a 60-day comment period
soliciting public comments on the
following information collection was
published on June 6, 2013 (Federal
Register/Vol. 78, No. 109/pp. 34152–
34154).
DATES: Submit comments to the Office
of Management and Budget (OMB) on or
before July 11, 2014.
FOR FURTHER INFORMATION CONTACT:
Alan Block at the National Highway
Traffic Safety Administration, Office of
Behavioral Safety Research (NTI–131),
W46–499, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590. Mr.
Block’s phone number is 202–366–6401
and his email address is alan.block@
dot.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2127–0645.
Type of Request: Reinstatement with
change.
Title: Motor Vehicle Occupant Safety
Survey (MVOSS).
Form No.: NHTSA Form 1020A and
NHTSA Form 1020B.
ehiers on DSK2VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:19 Jun 10, 2014
Jkt 232001
Type of Review: Regular.
Respondents: NHTSA proposes to
conduct the Motor Vehicle Occupant
Safety Survey (MVOSS) among national
probability samples of adults age 16 and
older. The survey is composed of two
questionnaires, each of which will be
administered to independently drawn
samples of respondents. The survey will
use Web as the primary response mode,
with mail and telephone as alternative
response modes. Prior to the survey,
there will be usability tests of each of
the three response modes to assess the
interface between survey and
respondent. The usability tests will be
conducted with a convenience sample
of adults. There also will be a pilot test
of the survey. The pilot test will be
conducted with a sample of randomly
selected people age 16 and older. Full
administration of the survey will be
conducted with probability-based
samples of people ages 16 and older
drawn from an address-based sampling
(ABS) frame.
Estimated Number of Respondents:
There will be 60 respondents
participating in the usability tests. The
pilot test will have a total drawn sample
of 3,000. The response rate it will
achieve is unknown, but for purposes of
burden estimation this project will
assume a response rate upper limit of
50%. The estimated total number of
respondents is therefore 1,500. For the
full administration of the survey, there
will be two versions of the
questionnaire, one focusing on seat belts
and the other focusing on child restraint
use. Sufficient sample will be drawn to
complete 6,000 interviews per
questionnaire, for a total of 12,000
completed interviews.
Estimated Time per Response:
Average duration per respondent for the
usability tests will be two hours.
Average duration per respondent for
both the pilot test and the full
administration of the survey will be 15
minutes.
Total Estimated Annual Burden
Hours: The total estimated annual
burden for the usability tests is 60
subjects × 2 hours = 120 hours. The total
estimated annual burden for the pilot
test is 3,000 sample × 50% response rate
× 15 minutes = 375 hours. The total
estimated annual burden for the full
administration of the survey is 6,000
respondents × 2 questionnaires × 15
minutes = 3,000 hours. The total
estimated annual burden for all three
information collections combined is
3,495 hours.
Frequency of Collection: Respondents
will participate a single time in the
usability tests, pilot test, or survey. They
will not participate in more than one of
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
these forms of information collection.
The usability tests, pilot test, and survey
will be conducted a single time.
Abstract: The Motor Vehicle
Occupant Safety Survey (MVOSS) is
conducted on a periodic basis by the
National Highway Traffic Safety
Administration to obtain a status report
on attitudes, knowledge, and behavior
related to motor vehicle occupant
protection. It was last conducted in
2007. The survey is composed of two
questionnaires, each administered to a
randomly selected sample of
approximately 6,000 persons age 16 and
older. One questionnaire focuses on seat
belt issues while the other focuses on
child restraint use. Additional topics
addressed by the survey include air
bags, emergency medical services,
wireless phone use in motor vehicles,
and crash injury experience. The
proposed survey is the seventh in the
MVOSS series, which began in 1994.
The proposed MVOSS will collect data
on topics included in the preceding
surveys in order to monitor change over
time in the use of occupant protection
devices and in attitudes and knowledge
related to motor vehicle occupant safety.
The survey will also include new
questions that address emergent issues.
The proposed MVOSS will use a
multi-mode approach that employs Web
as the primary response mode, with the
online technology serving to reduce
length and minimize recording errors.
Mail and telephone will serve as
alternative response modes for
respondents that choose not to
participate on-line. The telephone
interviewers will use computer-assisted
telephone interviewing (CATI). A
Spanish language translation of the
questionnaires, and bilingual
interviewers to conduct the telephone
interviews, will be used to minimize
language barriers to participation.
The multi-mode approach is a major
change in methodology from previous
administrations of the MVOSS, as will
be the use of an address-based sampling
(ABS) frame as opposed to the
telephone sampling frames used during
previous administrations of the MVOSS.
Therefore, the full administration of the
survey will be preceded by usability
tests to assess the interface between
survey and respondents, and a pilot test
to assess the methods for each of the
response modes used in the survey.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW.,
Washington, DC 20503, Attention: Desk
E:\FR\FM\11JNN1.SGM
11JNN1
]]>Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Notices]
[Pages 33634-33638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13628]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0283]
Hours of Service of Drivers: National Pork Producers Council;
Granting of Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; granting of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces the granting of a limited one-year exemption
from the 30-minute rest break provision of the Agency's hours-of-
service (HOS) regulations for commercial motor vehicle (CMV) drivers
transporting livestock. FMCSA has analyzed the exemption application
submitted by the National Pork Producers Council (NPPC) on behalf of
all livestock transporters and the public comments received in response
to the Agency's August 12, 2013, notice announcing the application and
requesting public comment. The Agency has determined that it is
appropriate to grant a limited one-year exemption to ensure the well-
being of Nation's livestock during interstate transportation by CMV.
The exemption, subject to the terms and conditions imposed, will
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption. This conclusion is
supported by the real-world experience of the industry's operations
under the limited 90-day waiver FMCSA granted in 2013. This exemption
preempts inconsistent State and local requirements.
DATES: This exemption is effective June 11, 2014 and expires on June
11, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver, and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Legal Basis
Section 4007(a) of the Transportation Equity Act for the 21st
Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, 401, June 9, 1998)
provided the Secretary of Transportation (the Secretary) the authority
to grant exemptions from any of the Federal Motor Carrier Safety
Regulations (FMCSRs) issued under chapter 313 or section 31136 of title
49 of the United States Code, to a person(s) seeking regulatory relief
(49 U.S.C. 31136, 31315(b)). Prior to granting an exemption, the
Secretary must request public comment and make a determination that the
exemption 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 exemption. Exemptions may be granted for a period of up
to 2 years and may be renewed.
The FMCSA Administrator has been delegated authority under 49 CFR
1.87(e)(1) and (f) to carry out the functions vested in the Secretary
by 49 U.S.C. chapter 313 and subchapters I and III of chapter 311,
relating, respectively, to the commercial driver's license program and
to commercial
[[Page 33635]]
motor vehicle (CMV) programs and safety regulation.
Background Information
On December 27, 2011, FMCSA published a final rule amending its HOS
regulations for drivers of property-carrying commercial motor vehicles
(CMVs). The final rule included a new provision requiring drivers to
take a rest break during the work day under certain circumstances.
Drivers may drive a CMV only if a period of 8 hours or less has passed
since the end of their last off-duty or sleeper-berth period of at
least 30 minutes. FMCSA did not specify when drivers must take the
minimum 30-minute break, but the rule requires that they wait no longer
than 8 hours after the last off-duty or sleeper-berth period of that
length or longer to take the break. The new requirement took effect on
July 1, 2013.
On August 2, 2013, the U.S. Court of Appeals for the District of
Columbia Circuit issued its opinion on petitions for review of the 2011
HOS rule filed by the American Trucking Associations, Public Citizen,
and others [American Trucking Associations, Inc., v. Federal Motor
Carrier Safety Administration, 724 F.3d 243 (D.C. Cir. 2013)]. The
Court upheld the 2011 HOS regulations in all respects except for the
30-minute break provision as it applies to short haul drivers.
The Court vacated the rest-break requirement of 49 CFR
395.3(a)(3)(ii) with respect to any driver qualified to operate under
either of the ``short haul'' exceptions outlined in 49 CFR 395.1(e)(1)
or (2). Specifically, the following drivers are no longer subject to
the 30-minute break requirement:
All drivers (whether they hold a commercial driver's
license (CDL) or not) who operate within 100 air-miles of their normal
work reporting location and satisfy the time limitations and
recordkeeping requirements of 49 CFR 395.1(e)(1), and
All non-CDL drivers who operate within a 150 air-mile
radius of the location where the driver reports for duty and satisfy
the time limitations and recordkeeping requirements of 49 CFR
395.1(e)(2).
On October 28, 2013, the Agency published a final rule codifying
the court decision (78 FR 64179).
Application for Exemption
On June 19, 2013, the National Pork Producers Council (NPPC)
requested a limited 90-day waiver and a limited two-year exemption from
the rest-break requirement for drivers of CMVs engaged in the
transportation of livestock. A copy of the request is included in the
docket referenced at the beginning of this notice.
The NPPC submitted its application on behalf of itself and the
following organizations:
Agricultural and Food Transporters Conference of the
American Trucking Associations;
American Farm Bureau Federation;
American Feed Industry Association;
American Meat Institute;
Livestock Marketing Association;
National Cattlemen's Beef Association;
National Chicken Council;
National Milk Producers Federation;
National Turkey Federation;
North American Meat Association;
Professional Rodeo Cowboys Association; and,
U.S. Poultry and Egg Association.
The NPPC stated that complying with the 30-minute rest break rule
would cause livestock producers and their drivers irreparable harm,
place the health and welfare of the livestock at risk, and provide no
apparent benefit to public safety, while forcing the livestock industry
and its drivers to choose between the humane handling of animals or
compliance with the rule.
The NPPC explained that the process of transporting livestock,
whether for slaughter, transfer of ownership, or purposes of breeding
or simply finding forage for feed, is a significant concern to the
agricultural industry. The animals face a variety of stresses including
temperature, humidity, and weather conditions.
During the summer months, exposure to heat is one of the greatest
concerns in maintaining the animals' well-being. This is especially
challenging for the transportation of pigs because the animals cannot
sweat and are subject to heat stress. When heat stress occurs, a pig's
body temperature rises to a level that it cannot control through its
normal panting mechanisms. Under the industry's guidelines, drivers are
directed to avoid stopping in temperatures greater than 80 degrees.
Drivers are advised to stop only when animals will be immediately
unloaded or when a safety issue arises. If the vehicle must be stopped,
drivers are required to stay with the animals and provide them with
water to help keep them cool.
When temperature and humidity result in a heat index greater than
or equal to 100 degrees Fahrenheit, cattle are also placed at
significant health risk. When cattle are stressed under extreme heat
conditions, they are more likely to become non-ambulatory, sick, and
even die. Non-ambulatory cattle are banned from entering the food
system. Current industry guidelines recommend that drivers avoid
stopping, as internal trailer temperatures will then increase rapidly
because of the loss of airflow through the trailer and heat production
from the animals.
With regard to transporting livestock during the winter months,
NPPC described the complications of keeping the animals warm without
having them potentially overheat when the vehicle is stopped.
FMCSA analyzed the request and on July 11, 2013, granted, subject
to specific terms and conditions, a waiver from the rest break
requirement for drivers transporting livestock. The waiver ended by its
terms on October 9, 2013.
Population of Drivers and Carriers Engaged in Livestock Transportation
Although NPPC did not provide information on the number of carriers
and drivers to be included in the exemption it requested, FMCSA
reviewed its Motor Carrier Management Information System (MCMIS) to
determine this information. MCMIS includes the information reported to
the Agency by carriers submitting the Motor Carrier Identification
Report (FMCSA Form MCS-150), required by 49 CFR 390.19. As of May 13,
2014, MCMIS listed 66,316 motor carriers that identified livestock as a
type (though not necessarily the only type) of cargo they transported.
These carriers operate 196,398 vehicles and employ 252,540 drivers. And
130,896 of these drivers operate within a 100 air-mile radius of their
work-reporting location--a fact that is important because previous
statutory exemptions provided compete relief from the HOS requirements
for these drivers. A final rule published on March 14, 2013, extended
the 100 air-mile radius previously in effect to 150 air miles (see 49
CFR 395.1(k), 78 FR 16189). Therefore, these 131,000 drivers would not
need the exemption, leaving fewer than 122,000 drivers likely to
utilize this relief from the 30-minute rest break provision. Of these,
an unidentified portion may consist of team drivers, who would not need
to take the required minimum 30-minute break, even without the
exemption.
Public Comments in Response to the Exemption Application
On August 12, 2013, FMCSA published notice of the NPPC application
for an exemption and requested public comment (78 FR 48928). By the
closing of the comment period, twenty-two commenters had
[[Page 33636]]
responded. Twenty of these commenters supported the application for
exemption and two opposed it.
The two comments opposing the application were from individuals.
One opposed the 30-minute break rule in general, and the other
questioned how farmers keep livestock under proper climate conditions
when they are not being transported. The later indicated that if one
commodity deserved an exemption, all did.
The 20 comments favoring the application were submitted by various
parties (mostly trade associations and livestock carriers) familiar
with the transportation by CMV of various types of livestock, including
cattle, pigs, and sheep. Several of these commenters submitted
supporting data. In his comment to the docket, Scott George, President
of the National Cattlemen's Beef Association, submitted data from the
Livestock Marketing Information Center (LMIC). Six sub-agencies of the
U.S. Department of Agriculture are members of LMIC, including the
Agricultural Marketing Service, the Animal and Plant Health Inspection
Service, and the Grain Inspection, Packers and Stockyards
Administration. Many State extension services and land grant
universities are also LMIC members.
The comments favoring the application explain the importance of the
safe, timely transportation of livestock. This transportation
originates in all regions of the U.S. and the ultimate product is often
shipped to global markets. The comments detail the various risks to the
health and welfare of livestock being transported that are inherent in
stopping during extreme hot or cold temperatures. Data in the docket
show that the temperature inside a stopped livestock trailer can rise
rapidly during hot summer days, and can drop rapidly on winter days,
especially in windy conditions. Current industry standards strongly
discourage drivers from stopping a CMV loaded with pigs when the
temperature exceeds 80 degrees. Cattle are affected adversely if the
vehicle stops when the heat and humidity have raised the heat index to
100 degrees or more.
Substandard transportation of livestock elevates the risk that the
physical condition of the animals will deteriorate and that food
products derived from the animals, if they accidentally remained in the
human food chain, may be unsafe for human consumption. Comprehensive
industry guidelines governing the safe movement of livestock have been
submitted to the docket. These guidelines and comments describe stops
of up to 30 minutes as problematic for many animals, even in favorable
weather. Industry guidelines encourage drivers of livestock to keep the
CMV moving ``if at all possible.'' For most livestock, the driver
stopping a CMV en route is directed to offload the animals from the
vehicle immediately. However, an appropriate facility for offloading is
often not available. In these situations, the guidelines recommend that
the stop be as brief as possible. Some commenters asserted that even
under ideal conditions drivers transporting livestock should not stop
the CMV for as long as 30 minutes because the risk of jeopardizing the
health of the animals is too great.
On September 11, 2013, and November 21, 2013, NPPC submitted
supplemental comments to the docket for this matter. Although the
November 21 submission was outside the comment period that ended on
September 11, FMCSA determined that it did not differ in substance from
the original application or the September 11 comments from NPPC, and
therefore no need existed to reopen the comment period.
FMCSA Response
FMCSA has evaluated NPPC's application for exemption, and reviewed
the data, safety analyses, and public comments submitted. Stakeholders
in this industry have provided substantial data supporting this
application for exemption, and have outlined in detail the various
risks associated with stopping a CMV transporting livestock.
The Agency finds the arguments and data submitted by commenters
supporting the application to be persuasive. Stopping a CMV with
livestock on board in extreme weather conditions can seriously
jeopardize the health and welfare of the animals, even when the CMV is
stopped for as little as 10 minutes. The Agency recognizes that in many
cases it is impractical for drivers to offload livestock in order to
obtain the 30-minute break required by 49 CFR 395.3(a)(3)(ii).
Analysis of Fatal Crashes Involving Carriers Transporting Livestock
FMCSA reviewed ``Trucks Involved in Fatal Accidents Factbook 2008''
(UMTRI-2011-15, March 2011) published by the University of Michigan
Transportation Research Institute's Center for National Truck and Bus
Statistics to determine the prevalence of crashes involving the
transportation of livestock. In 2008, there were 4,352 trucks involved
in fatal crashes and 20 of those vehicles were transporting live
animals, with 13 of the vehicles reported as having a livestock cargo
body. There were 13 other vehicles with an empty livestock cargo body
involved in fatal crashes. Overall, trucks transporting live animals
represent less than one half of one percent of the trucks involved in
fatal crashes.
The Trucks Involved in Fatal Accidents (TIFA) report showed that 26
livestock cargo body vehicles, all of them tractor-semitrailer
combinations, were involved in fatal crashes. Of that number, 13
livestock vehicles were transporting live animals at the time of the
crash. Seven instances of vehicles transporting live animals being
involved in a fatal crash involved CMVs with a body type reported as
something other than a livestock body, based on the information above.
About one-third of the 2008 crashes involving livestock
transporters occurred on trips sufficiently short that the driver
probably was exempt from the HOS requirements. With the recent
expansion of the HOS exemption from 100 air-miles to 150 air-miles, any
crashes that occur in the future are even more likely to occur within
the exempt zone.
Fatal Truck Involvements by Trip Type and Livestock Cargo Body Type
------------------------------------------------------------------------
Cargo body:
livestock, Statutory exemption
Trip type tractor from HOS rules (<150
combination miles)
------------------------------------------------------------------------
Local............................. 3 Yes.
51-100............................ 2 Yes.
101-150........................... 3 Yes.
151-200........................... 3 No. Drivers may be
able to achieve
compliance with the
30-minute break
requirement because
of limited
distance.
[[Page 33637]]
201-500........................... 10 No.
>500 miles........................ 4 No.
Unknown........................... 1 Unknown.
----------------
Total......................... 26 ....................
------------------------------------------------------------------------
Given the low number of fatal crashes involving carriers
transporting live animals (e.g., 20 crashes for an industry sector that
currently includes 66,316 active carriers), FMCSA believes there would
be no decrease in safety for the traveling public associated with an
exemption from the 30-minute rest break requirement.
FMCSA Determination
In consideration of the above, FMCSA has determined that it is
appropriate to provide a limited one-year exemption from the 30-minute
break requirement in the FMCSRs for interstate motor carriers
transporting livestock. A review of the most recent MCMIS and TIFA data
provides a basis for determining that a limited exemption, based on the
terms and conditions imposed, would achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
The Agency has decided to limit the exemption to a one-year period
in order to gather additional data about the highway safety of
operations under the exemption. As noted below, carriers utilizing the
exemption will be required to report any accidents, as defined in 49
CFR 390.5, to FMCSA. The exemption would be eligible for renewal
consideration at the end of the one-year period.
Terms and Conditions of the Exemption
Extent of the Exemption
This exemption is limited to drivers engaged in the interstate
transportation of livestock by CMV. The exemption from the 30-minute
rest-break requirement is applicable during the transportation of
livestock and does not cover the operation of the CMVs after the
livestock are unloaded from the vehicle.
This exemption is only available to drivers transporting livestock
as defined in the Emergency Livestock Feed Assistance Act of 1988, as
amended (the 1988 Act) [7 U.S.C. 1471(2)]. The term ``livestock'' as
used in this exemption means ``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 1988 Act].''
The exemption is further limited to motor carriers that have a
``satisfactory'' safety rating or are ``unrated;'' motor carriers with
``conditional'' or ``unsatisfactory'' safety ratings are prohibited
from utilizing this exemption.
Safety Rating
Motor carriers that have received compliance reviews are required
to have a ``satisfactory'' rating to qualify for this exemption. The
compliance review is an on-site examination of a motor carrier's
operations, including records on drivers' hours of service, maintenance
and inspection, driver qualification, commercial driver's license
requirements, financial responsibility, accidents, hazardous materials,
and other safety and transportation records to determine whether a
motor carrier meets the safety fitness standard. The assignment of a
``satisfactory'' rating means the motor carrier has in place adequate
safety management controls to comply with the Federal safety
regulations, and that the safety management controls are appropriate
for the size and type of operation of the motor carrier.
The FMCSA will also allow ``unrated'' carriers to use the
exemption. Unrated motor carriers are those that have not received a
compliance review. It would be unfair to exclude such carriers simply
because they were not selected by for a compliance review, especially
since carriers are prioritized for compliance reviews on the basis of
known safety deficiencies.
The Agency is not allowing motor carriers with conditional or
unsatisfactory ratings to participate because both of those ratings
indicate that the carrier has safety management control problems. There
is little reason to believe that carriers rated either unsatisfactory
or conditional could be relied upon to comply with the terms and
conditions of the exemption.
Accident Reporting
Motor carriers must notify FMCSA by email addressed to
MCPSD@DOT.GOV with 5 business days of any accident (as defined in 49
CFR 390.5) that occurs while its driver is operating under the terms of
this exemption. The notification must include:
a. Date of the accident,
b. City or town, and State, in which the accident occurred, or
closest to the accident scene,
c. Driver's name and license number,
d. Vehicle number and state license number,
e. Number of individuals suffering physical injury,
f. Number of fatalities,
g. The police-reported cause of the accident,
h. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
i. The total driving time and total on-duty time prior to the
accident.
Period of the Exemption
FMCSA provides an exemption from the 30-minute break requirement
(49 CFR 395.3(a)(3)(ii)) during the period of June 11, 2014 through
June 11, 2015.
Safety Oversight of Carriers Operating Under the Exemption
FMCSA expects each motor carrier operating under the terms and
conditions of this exemption to maintain its safety record. However,
should safety deteriorate,
FMCSA will, consistent with the statutory requirements of 49 U.S.C.
31315, take all steps necessary to protect the public interest.
Authorization of the exemption is discretionary, and FMCSA will
immediately revoke the exemption of any motor carrier or driver for
failure to comply with the terms and conditions of the exemption.
[[Page 33638]]
Preemption
During the period the exemption is in effect, no State may enforce
any law or regulation that conflicts with or is inconsistent with this
exemption with respect to a person or entity operating under the
exemption [49 U.S.C. 31315(d)].
Issued on: June 6, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-13628 Filed 6-9-14; 8:45 am]
BILLING CODE 4910-EX-P
