HOS; ELDs; limited 90-day waiver for the transportation of agricultural commodities
Published in the April 2018 issue of Washington Update
Federal Motor Carrier Safety Administration is granting 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 determined the waiver is in the public interest and will likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. The waiver provides the agency additional time to complete its analysis of the public responses to its December 20, 2017, notice of proposed regulatory guidance to clarify the applicability of the "Agricultural commodity'' exception to the HOS regulations and issue final guidance which in turn, would have an impact on which drivers transporting agricultural commodities are required to use ELDs, and the public responses to its October 31, 2017, document announcing receipt of the National Pork Producers Council's (NPPC's) application for an exemption from the ELD requirements and to issue a decision whether to grant NPPC's request for longer-term relief from the ELD rule. The agency determined through its preliminary analysis of the public comments submitted to the public dockets that the issues raised by transporters of agricultural commodities are more complex than those raised by other segments of the industry seeking relief from the ELD requirements and that it is appropriate to take additional time to bring these matters to closure. This waiver is applicable beginning March 18, 2018, and expires June 18, 2018.
PUBLISHED: 3/23/2018; ACTION: Notification; grant of waiver; REFERENCE: 83 FR 12685; REG: 49 CFR 395
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