Feds respond to egg shortage by easing truck driver work rules

WASHINGTON — The Trump administration is taking the first steps to directly address a nationwide shortage of eggs by making it easier for drivers and trucking companies to transport live chickens away from areas affected by the avian flu.

The Federal Motor Carrier Safety Administration on Saturday issued a regional emergency declaration that loosens hours-of-service regulations for motor carriers, specifically exemptions from 49 CFR 395.3 of the Federal Motor Carrier Safety Regulations, which pertains to daily and weekly drive-time limits.

The exemptions respond “to the spread of highly pathogenic avian influenza (HPAI) resulting in the widespread loss of chicken flocks in affected areas impacting populations and the national food supply including the supply of eggs, and its effects on people and property, including immediate threats to human life, public safety, and public welfare,” according to FMCSA.

“This declaration addresses the emergency conditions creating a need for immediate interstate transportation of live chickens from highly impacted areas.”

The notice points out that California, Iowa and Louisiana in December gave motor carriers 14-day emergency hours-of-service waivers related to HPAI.

“Because emergency conditions related to HPAI have not abated and have arisen in other states, FMCSA is issuing this declaration and expanding and granting regulatory relief,” the exemption states.

The HPAI was first detected in the nation’s poultry flocks in January 2022, according to the Centers for Disease Control and Prevention, and has since killed millions of egg-laying chickens. That in turn has led to egg shortages, with prices for a carton of a dozen eggs rising in some cases to over $10.

In its latest weekly market report, the U.S. Department of Agriculture stated that outbreaks of HPAI continued into February with new cases reported in Ohio and the first case reported in Pennsylvania.

“This further [exacerbates] the supply situation, particularly in Eastern markets,” according to USDA, as retailers begin placing limits on how many eggs customers can buy per shopping trip. Trader Joe’s and Costco have started implementing such policies, according to press reports.

When the egg shortage was brought up at a White House press conference in January, press secretary Karoline Leavitt blamed it on the Biden administration.

The emergency waiver for motor carriers and drivers transporting live chickens away from areas hit by HPAI includes certain restrictions and conditions, including:

Motor carriers and drivers must ensure they have all approvals necessary for loading, transporting and delivering the chickens.
Before dispatch, the motor carrier must have a valid agreement from the receiving facility to accept delivery of the live chickens.
Drivers must not drive more than 16 hours in any 24-hour period and must stop all driving at midnight each day.
Drivers must take a minimum six-hour break in a sleeper berth before resuming driving.
Drivers must use paper records of duty status and supporting documents, maintain RODS and supporting documents for six months from the date the record is prepared, and make RODS and supporting documents accessible to FMCSA and law enforcement upon request.
Drivers must maintain a valid CDL and not be subject to an out-of-service order or loss of driving privileges. Motor carriers or drivers subject to an out-of-service order are not eligible for relief until the order has been rescinded in writing by the issuing jurisdiction.

The waiver is effective immediately and remains in effect until midnight March 10 unless the emergency situation ends before then, according to the notice.