50358 Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 

TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(A) Provide a one-time written notification to any state Regulatory Agency to which or through 

which it will transport the delisted waste described above for disposal, 60 days before beginning such activities. 

(B) For onsite disposal, a notice should be submitted to the State to notify the State that disposal of the delisted materials has begun. 

(C) Update one-time written notification, if it ships the delisted waste into a different disposal facility. 

(D) Failure to provide this notification will result in a violation of the delisting exclusion and a 

possible revocation of the decision. 

* * * * * * * 

[FR Doc. 2017–23683 Filed 10–30–17; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: MCPSD@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–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 81⁄2 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. 


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Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Proposed Rules 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 costeffective 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 lowstress 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 


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