FMCSA today issued a 90-day
waiver for livestock haulers (including poultry) from the 30-minute mandatory
rest break. ATA's Agricultural and Food Transporter Conference and other
members of the livestock community met with FMCSA in late May to request the waiver.
Subsequently, AFTC & Co. sent the attached letter requesting an immediate
waiver, as well as a permanent exemption, for those hauling livestock. The
coalition also urged Agriculture Dept Secretary Tom Vilsack to contact DOT and
FMCSA to request the waiver be granted.
AFTC is very pleased to see the
waiver issued, as temperatures around the nation have already reached record
highs. The details for comment on the permanent exemption have not yet been
released, but will be sent out when available.
To access the official waiver,
please follow the link in the FMCSA message below.
Federal Motor Carrier Safety Administration (FMCSA) issued a limited, 90-day
waiver from the 30-minute rest break provision of the Federal hours-of-service
(HOS) regulations for the transportation of livestock, as defined in 7 U.S.C.
1471(2). Several associations representing various segments of the
livestock industry raised concerns about the risks to the health of animals
from rising temperatures inside livestock trucks during drivers' mandatory
30-minute break, especially in light of long-range weather forecasts for
above-normal temperatures for July, August and September 2013. The
industry requested relief, and the Agency has determined that it is appropriate
to grant a limited 90-day waiver for this period to ensure the well-being of
the Nation's livestock during interstate transportation. The Agency has
determined that the waiver, based on the terms and conditions imposed, would
likely achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption. This waiver preempts
inconsistent State and local requirements.
Click
here to see the DOT HOS Final Letter
Terms and Conditions
The waiver from the 30-minute
break provision is for 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 waiver
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 waiver 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
waiver.
A link to the waiver notice is
below:
Finally, the several
associations requesting the waiver have also filed an exemption request from
the 30-minute break requirement. The Agency plans to request public
comment on this request in the days ahead and we will be sure to update you
when that request goes out.
For more information see the
info below and attached or contact AFTC Executive Director Jon Samson at jsamson@trucking.org.
John F. Lynch
Vice President, Federation
Relations &
Intergovernmental Affairs
American Trucking Associations
430 First Street, SE
Suite 100
Washington, DC 20003
(202) 478-6835
(703) 402-1851 mobile
(202) 675-6568 fax
www.trucking.org
